Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-07-05-Speech-4-106-000"
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"en.20120705.19.4-106-000"2
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"Mr President, during the 18th century in a sermon preached before his King, Bishop Hoadly of Winchester made the observation that ‘whoever hath an absolute authority to interpret any written or spoken laws, it is he, who is truly the law giver, to all intents and purposes; and not the person who first wrote or spoke them’. Judicial activism is a problem intrinsic in any system which places final interpretative power in a tribunal. It is a system that has been greatly exacerbated in the European Union by two particular phenomena.
First of all, the fact that there is no requirement for the judges at the ECJ to have spent a single day on the bench in their home countries. The only qualification you need in essence is a law degree, so many of them are politicians, officials who have an overt federalist agenda. Secondly, the federalist agenda is in the job description, in the spec of the people who do it. This is the problem with any renegotiation. You have matters which are plainly intergovernmental being reinterpreted as single market issues, as QMV issues by judges with a mission.
The ECJ should stick to interpreting what the law says, rather than ruling on the basis of what they think it ought to say."@en1
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