The author analyzes how, from his point of view, the institutional architecture of the European Union is being radically and unstoppably transformed by means of the jurisprudence of the Court of Justice of the European Union. An analogous process took place in the United States of America between 1803 (the date where the decision in Marbury versus Madison was issued) and the decade of the 1960's (the heyday of the activist jurisprudence of the federal Supreme Court). In Europe, the process would be taking place in two lines of evolution: on the one hand, the progressive preeminence of the European institution over their national counterparts; on the other hand, the rise of the judiciary over the legislatures. Those two lines converge into the emergence of the Court of Justice of the European Union as the rising star of the institutional framework of the European Union.
