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This paper addresses the judicial activism of the European Court of Justice. It highlights that the ECJ’s jurisprudence has been more concerned with system-building and formal legal rules than with material aspects, consequently qualifying the corresponding activism as a weak activism. The paper also analyzes its causes, concluding that the activism of the ECJ, in parallel with the activism of other international courts, is fostered by the inexistence of a proper system of separation of powers, the vagueness of the Treaties and the limited control over its activity. It concludes by enumerating the possible drawbacks of the ECJ’s activism, in particular with regard to the legitimacy of the European integration process.
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