The politics of judicial discretion
Rethinking the interaction between national courts and the Eurpean court of justice
Dados Bibliográficos
| ID | 8041945 |
|---|---|
| Autores | Jonathan E Golub (0000-0003-2398-3145, European University Institute, autor correspondente), Jonathan Golub (0000-0002-2686-139X) |
| Ano | 1996 |
| Volume | 19 |
| Fascículo | 2 |
| Páginas | 360-385 |
| Data de publicação | 1996-04-01 |
| Peer Reviewed | Sim |
| Open Access | Não |
| Tipo | ARTICLE |
| Periódico | West European Politics (JOURNAL) |
| Identificadores do periódico | ISSN: 0140-2382 • E-ISSN: 1743-9655 |
| Editora | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/01402389608425138 |
| OpenAlex | W2148024137 |
| Idioma | EN |
| Citações recebidas | 40 |
| Referências citadas | 28 |
The recognition that courts play a significant role in the process of European integration has focused attention on the interaction between national judges and the European Court of Justice. The prevailing theoretical model of this interaction holds that a variety of incentives impel national judges to co‐operate with the ECJ by providing it with frequent preliminary references. This article tests the ability of the model to account for the behaviour of national courts during the period 1972–94. In assessing the utility of the model two central claims are made. First, that the model as currently constructed is incapable of explaining the patterns of references originating from various member states, particularly the consistent lack of references from British courts. Second, that the level of British references, and patterns of judicial co‐operation in general, can be better understood by questioning the model's core assumption ‐ that national judges face powerful incentives to refer to the ECJ. As a first step in this direction, the article examines how the discretion to make or withhold references bestows on national judges the power to hasten or retard the pace of integration as well as to influence specific policy outcomes
Discretion · Economic Justice · Economics · European court of justice · European union · European Union law · Incentive · Judicial discretion · Judicial review · Law and economics · Pace · Political science · Politics · Power (physics · Sociology · European and International Law Studies · European Union Policy and Governance · International Arbitration and Investment Law · Law
Judicial conflicts on international law
Resisting the European Court of Justice
Legal Mobilization for Migrant Rights
The Engines of European Integration
The boundaries of welfare
EU judicial behaviour research
The European Court's political power
Who Are the “Masters of the Treaty
Resistance against the Court of Justice of the European Union
Beyond Judicialization
L'Europe par le droit
A judicialisation of healthcare policies in Denmark and Spain? The universalist healthcare model meets the European Union
Struggles over social rights
What is driving rates of social policy preliminary references to the CJEU? Evidence from the United Kingdom and France
The persistence of legal uncertainty on EU citizens’ access to social benefits in Germany
Constitutionalism Without Constitution
On judicial mobilization
Pushing the boundaries’
National courts as regulatory agencies and the application of EU law
Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice
Luxembourg Has Spoken
A Matter of Prescriptive Clarity? Analysing How Swedish Judges' Motives for Action Vary in the Preliminary Ruling Procedure
The decentralized enforcement of European law
Activism relocated. The self-restraint of the European Court of Justice in its national context
The European Court and the national courts
Mapping European law
The European Court of Justice, Democracy, and Enlargement
The Uneven Legal Push for Europe
Domesticating discourses
The European Union and France's Institutional Architecture
Explaining Variation in the Use of European Litigation Strategies
National Higher Courts and the Ratification of EU Treaties
National courts and preliminary references
The positioning of EU judicial politics within the United Kingdom
The judicial enforcement of EU law through national courts
Who refers most? Institutional incentives and judicial participation in the preliminary ruling system
Has the Court changed, or have the cases? The deservingness of litigants as an element in Court of Justice citizenship adjudication
A Spoonful of Sugar
Friends of the Court? Why EU governments file observations before the Court of Justice
British sovereignty and the development of EC environmental policy
On Law and Policy in the European Court of Justice
The Transformation of Europe
Law and politics in the European Union
Transition or Transformation? ‐environmental Policy Under Thatcher
The Court of Justice of the European Communities
Reflections on Judicial Attitudes at the European Court
Lawyers, Judges, and the Making of a Transnational Constitution
Federalism, Courts and Legal Systems
The Europeanization of the British Legal Style
The European Court of Justice
Constitutional Theory
The Use and Abuse of Article 177 EEC
Journey to an Unknown Destination
International cooperation and institutional choice
Agriculture and the EC Environmental Assessment Directive
Europe Before the Court
A Quiet Revolution
| Obras citantes distintas | 40 |
|---|---|
| Citações por ano | 1,33 |
| Intervalo de citações | 1996 - 2026 (31) |
| Velocidade de citação | current |
| Altamente citado | Não |
| Tipos de citação | Neutras: 39 |