Do Preliminary References Increase Public Support for European Law? Experimental Evidence from Germany
Bibliographic Data
| ID | 7819902 |
|---|---|
| Authors | Sivaram Cheruvu (0000-0002-4747-2537, The University of Texas at Dallas, corresponding author), Jay N Krehbiel (0000-0003-0904-474X, West Virginia University) |
| Year | 2024 |
| Volume | 78 |
| Issue | 1 |
| Pages | 170-187 |
| Publication date | 2024-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Organization (JOURNAL) |
| Journal identifiers | ISSN: 0020-8183 • E-ISSN: 1531-5088 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020818323000243 |
| OpenAlex | W4390913694 |
| Language | EN |
| Citations received | 6 |
| References cited | 73 |
Explanations for the successful expansion and consolidation of the European Union and its legal system have long emphasized the importance of domestic courts’ sending preliminary references to the Court of Justice. Key to many of these theoretical accounts is the claim that domestic courts are better equipped than the Court of Justice to compel national governments to comply with EU law. Integrating insights from the comparative judicial politics literature into the context of the EU's preliminary references system, we provide a theoretical and empirical foundation for this claim by arguing that incorporating domestic courts into the EU legal process enhances public support for expansive judicial interpretations of EU law. We go on to argue, however, that this transfer of legitimacy depends on citizens’ views of the national and European courts. We support our argument with evidence from a preregistered survey experiment fielded in Germany
Argument (complex analysis · Consolidation (business · Context (archaeology · Economic Justice · Economics · European union · European Union law · Expansive · Law and economics · Legitimacy · Political science · Politics · Sociology · Accounting · European and International Law Studies · European Union Policy and Governance · Judicial and Constitutional Studies · Law
Depictions of Partisan Bias at Oral Argument and Public Evaluations of the U.S. Supreme Court
Can domestic courts erode confidence in international law? Evidence from Hungary
Do Citizens in Backsliding Democracies Support International Courts’ Judicial Power? Evidence from Hungary
The politics of the Court of Justice of the European Union
Are European Court of Justice judges biased towards their member states
Partisanship, pragmatism, or idealism? Evaluating public support for backlashes against international courts in backsliding democracies
Citizens, Courts, and Confirmations
Justice Contained
Judicial Power and Strategic Communication in Mexico
The Rights Revolution
The Politics of Constitutional Review in Germany
Public Opinion and the Legitimacy of International Courts
The Transformation of Europe
Establishing the Supremacy of European Law
Poland’s Rule of Law Breakdown
Preferences and Compliance with International Law
Elections, Public Awareness, and the Efficacy of Constitutional Review
Promoted Media Coverage of Court Decisions
Legislative-Judicial Relations
Constitutional Review and the Selective Promotion of Case Results
Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice
Public Support for European Integration
The Electoral Connection in European Union Politics
The European Union's Legal System and Domestic Policy
Paths to Compliance
The European Court of Justice, National Governments, and Legal Integration in the European Union
Legal Integration and Use of the Preliminary Ruling Process in the European Union
Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
The Domestic Politics of International Cooperation
Revisiting the European Court of Justice
Explaining Variation in the Use of European Litigation Strategies
Speaking Law to Power
Directing Compliance? Remedial Approach and Compliance with European Court of Human Rights Judgments
Public Support for European Integration
The Legitimacy of Transnational Legal Institutions
Constructing a Supranational Constitution
Sovereignty, Substance, and Public Support for European Courts’ Human Rights Rulings
The Legitimacy of the Court of Justice in the European Union
Compensation and Compliance
Contesting Covid
Backlash and Legitimation
The Hollow Hope
The Costa Rican Supreme Court’s Compliance Monitoring System
A Model of the Endogenous Development of Judicial Institutions in Federal and International Systems
Of Courts and Commerce
Defenders of Democracy? Legitimacy, Popular Acceptance, and the South African Constitutional Court
Issue-Specific Opinion Change
Do voters punish noncompliance with high courts? A cross-national analysis
Education, public support for institutions, and the separation of powers
The Brexit vote
The varying effect of court-curbing
Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU
CJEU judgments in the news – capturing the public salience of decisions of the EU’s highest court
Rational Remedies
Multilateralism and Democracy
Judicial Power in Domestic and International Politics
Europe Before the Court
Democracy-Enhancing Multilateralism
The legitimacy‐conferring capacity of constitutional courts
A Quiet Revolution
Pushing Boundaries
International Courts
Constitutional Courts in Comparative Perspective
The Value of Vagueness
Can Democratic Principles Protect High Courts from Partisan Backlash? Public Reactions to the Kenyan Supreme Court's Role in the 2017 Election Crisis
Measuring Attitudes toward the United States Supreme Court
The Politics of Judicial Procedures
Public Awareness and the Behavior of Unpopular Courts
On the Legitimacy of National High Courts
The Supreme Court and Local Public Opinion
Does Public Support for Judicial Power Depend on Who is in Political Power? Testing a Theory of Partisan Alignment in Africa
| Unique citing works | 6 |
|---|---|
| Citations per year | 6 |
| Citation span | 2025 - 2026 (2) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 6 |