Introduction

Abstract

This introductory chapter examines the reasons for the indifference among legal scholars to the European Union (EU) legislative process. It illustrates, through a comparison of the EU Court of Justice and the European Court of Human Rights, why it is important to place the legislature and the choices it makes central to our legal debates. And it explains what methodological approach to take in order to place it there. It explains, more specifically, that the proper allocation of EU legislative and judicial authority cannot be identified using doctrinal legal. Instead, it requires lawyers to exercise political judgement. Finally, the chapter outlines the book’s structure.