I have no solution to this problem — other than to suggest trying through judicial training and other means to increase the intellectual sophistication of the judiciary. (doubleaspect.blog)
On June 29, the European Commission made a communication on judicial training in the EU. (network-presidents.eu)
This is changing, however, under the influence of Judicial Training Academies, which are «re-educating» the younger cohort of judges to imitate the «activist» style of the European supranational courts. (blog.politics.ox.ac.uk)