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Book ReviewsUkrow, Jörg. Richterliche Rechtsfortbildung durch den EuGH.
Baden-Baden: Nomos Verlagsgesellschaft, 1995. Pp. 392. DM 118. Bashing the European Court of Justice (ECJ) has become fashionable
within the community of Euro-Phobes. It is perceived as one of the main centres
of evil in the Community, like an unleashed beast which behaves in its
decisions like a quasi-legislator, exceeding its competencies and violating the
Member States' sovereignty. In his thorough study, Jörg Ukrow analyses and
comments on the development of European Community Law by the ECJ from a
perspective which both acknowledges its importance for the formation of the
Community's legal order, and in particular the judicial protection of the
individual, and at the same time emphasizes the necessity to keep judicial
activity within the boundaries implicitly drawn by the EC Treaty and its
underlying principles. Only sticking to the latter can ensure the legitimacy of
the Court in the long run, as Ukrow correctly states. Whether his conclusion,
that the Court's famous Francovich decision should be seen as a judicial
faux pas, is then the right one, may be up for discussion. Alexander Ballmann München
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