Unleashed dialogue or captured by politics? The impact of judicial independence on national higher courts’ cooperation with the CJEU
Bibliographic Data
| ID | 6290692 |
|---|---|
| Authors | Juan A Mayoral (0000-0002-7192-3967, Department of Social Sciences, University Carlos III of Madrid, Getafe, Spain), Marlene Wind (0000-0002-1559-9111, Political Science and iCourts, Københavns Universitet, Kobenhavn, Denmark) |
| Year | 2022 |
| Volume | 29 |
| Issue | 9 |
| Pages | 1433-1453 |
| Publication date | 2022-09-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of European Public Policy (JOURNAL) |
| Journal identifiers | ISSN: 1350-1763 • E-ISSN: 1466-4429 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/13501763.2021.1974925 |
| OpenAlex | W3203741730 |
| Language | EN |
| Citations received | 4 |
| References cited | 36 |
Though the EU is a rule of law community it struggles to make all Member States engage fully in upholding its laws and values. Some issues have to do with concrete violations against basic rights others are more institutional having to do with the independence of the judicial system as such. In this article, we look at the institutional side demonstrating that there is a link between the degree to which the judicial branch of a Member State enjoys full independence and its national high court engagement with the CJEU through the preliminary reference procedure. While drawing on judicial dialogue instruments, it is demonstrated how higher courts that are less constrained by political power make more preliminary references. This finding supports the hypothesis that governments that keep courts in a short leach often discourage judges from engaging with Luxembourg, impacting in the longer run the uniform development of EU law
Economics · European union · Independence (probability theory · Judicial activism · Judicial Independence · Judicial review · Law and economics · Member state · Member states · Political science · Politics · Power (physics · Rule of law · Sociology · State (computer science · European and International Law Studies · European Criminal Justice and Data Protection · European Union Policy and Governance · Law
Resisting the European Court of Justice
Negative Binomial Regression
Poland's Constitutional Breakdown
Toward a Theory of Effective Supranational Adjudication
Illiberalism Within
An Evaluation of Cross-National Measures of Judicial Independence
Establishing the Supremacy of European Law
Poland’s Rule of Law Breakdown
Deepening Democracy? Promises and challenges of Chile’s Road to a New Constitution
Revisiting Judicial Empowerment in the European Union
Backlash against international courts
The fragility of an independent judiciary
Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice
The Nordics, the EU and the Reluctance Towards Supranational Judicial Review
Reclaiming Democracy
The Europeanization of national judiciaries
The Political Geography of Legal Integration
Courts and informal networks
Who refers most? Institutional incentives and judicial participation in the preliminary ruling system
A Quiet Revolution
Guarding the Guardians
The Limits of Judicial Independence
| Unique citing works | 4 |
|---|---|
| Citations per year | 1,33 |
| Citation span | 2023 - 2026 (4) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 4 |