The Court of Justice of the European Union as a Rhetorical Actor

Abstract

The aim of this article is to discuss the nature of power the Court of Justice of the European Union exercises. It has been argued that the Court of Justice is a political actor. If it is, then it would make perfect sense to assume that the language used in the Court of Justice would resemble the language used in political forums. The aim of the present article is to examine whether the rhetoric that the Court of Justice uses includes elements of political rhetoric. The present author's first argument is that the rhetoric of the Court of Justice does have similar features to the rhetoric used in political speeches. The second argument is that reasoning that has a political flavour or a purely persuasive effect cannot be simply treated as bad and unacceptable. The legal decision is not purely legal but also a decision to solve a given problem of everyday life. Additionally, courts are social institutions with discretionary power. Legal decisions cannot therefore be void of emotional references.