The role of judges in academic and political discourse

The present chapter explores the implications of ‘academic activism’ by judges at the Court of Justice of the European Union. We first consider the modes of interaction between the judiciary and academia and the possible ensuing tensions. The chapter then focuses on academic writing by members of the Court of Justice. Following an overview of the magnitude of the phenomenon, we examine the need to balance the freedom of expression of judges with the risks of undermining collegiality or interfering with judicial independence. The position of the Court of Justice, more visible and open to contestation than national apical courts, justifies some caution in engaging in legal scholarly writing. Nevertheless, the legal safeguards in place and the mutually beneficial nature of the exchange exclude any great danger in judges participating in academic debates, as long as such participation does not encroach on the effectiveness of the proceedings.