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Legal Integration and Use of the Preliminary Ruling Process in the European Union

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  • Carrubba, Clifford J.
  • Murrah, Lacey

Abstract

Scholars agree that the preliminary ruling system of the European Court of Justice has been instrumental in promoting European integration; however, no consensus has been reached as to why the system is used. Although many explanations have been posited, there has been no systematic comparative test among them to date. In this article, we perform this test. We find evidence that transnational economic activity, public support for integration, monist or dualist tradition, judicial review, and the public's political awareness influence use of the preliminary ruling system.We would like to acknowledge Matthew Gabel, Eric Reinhardt, Georg Vanberg, and Christopher Zorn for helpful comments. We would also like to acknowledge the support of NSF grant #0079084.

Suggested Citation

  • Carrubba, Clifford J. & Murrah, Lacey, 2005. "Legal Integration and Use of the Preliminary Ruling Process in the European Union," International Organization, Cambridge University Press, vol. 59(2), pages 399-418, April.
    • Handle: RePEc:cup:intorg:v:59:y:2005:i:02:p:399-418_05
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    Cited by:

    1. Torsten Selck & Mark Rhinard & Frank Häge, 2007. "The evolution of European legal integration," European Journal of Law and Economics, Springer, vol. 24(3), pages 187-200, December.
    2. Arthur Dyevre, 2017. "Domestic judicial defiance and the authority of international legal regimes," European Journal of Law and Economics, Springer, vol. 44(3), pages 453-481, December.
    3. Höpner, Martin & Schäfer, Armin, 2010. "Polanyi in Brussels? Embeddedness and the three dimensions of European economic integration," MPIfG Discussion Paper 10/8, Max Planck Institute for the Study of Societies.
    4. Manuele Citi & Mads Dagnis Jensen, 2022. "The Effects of Supranational Delegation on Policy Development," Journal of Common Market Studies, Wiley Blackwell, vol. 60(2), pages 337-354, March.
    5. Nicolas Lampach & Arthur Dyevre, 2020. "Choosing for Europe: judicial incentives and legal integration in the European Union," European Journal of Law and Economics, Springer, vol. 50(1), pages 65-86, August.
    6. Dyevre, Arthur & Lampach, Nicolas, 2018. "The origins of regional integration: Untangling the effect of trade on judicial cooperation," International Review of Law and Economics, Elsevier, vol. 56(C), pages 122-133.
    7. Philippa Dee & Anne McNaughton, 2013. "Promoting Domestic Reforms through Regionalism," World Scientific Book Chapters, in: Services Trade Reform Making Sense of It, chapter 14, pages 381-427, World Scientific Publishing Co. Pte. Ltd..
    8. Denise Carolin Hübner, 2016. "The ‘National Decisions’ database (Dec.Nat): Introducing a database on national courts’ interactions with European Law," European Union Politics, , vol. 17(2), pages 324-339, June.
    9. Grimmel, Andreas, 2011. "Politics in robes? The European Court of Justice and the myth of judicial activism," Discussion Papers 2/11, Europa-Kolleg Hamburg, Institute for European Integration.
    10. Eric Tremolada Álvarez (editor), 2013. "Repensando la integración y las integraciones," Books, Universidad Externado de Colombia, Facultad de Finanzas, Gobierno y Relaciones Internacionales, edition 1, volume 1, number 85, April.
    11. Joshua C Fjelstul, 2019. "The evolution of European Union law: A new data set on the Acquis Communautaire," European Union Politics, , vol. 20(4), pages 670-691, December.
    12. Andreas Grimmel, 2011. "Integration and the Context of Law: Why the European Court of Justice is not a Political Actor," Les Cahiers européens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
    13. Lars Hornuf & Stefan Voigt, 2015. "Analyzing preliminary references as the powerbase of the European Court of Justice," European Journal of Law and Economics, Springer, vol. 39(2), pages 287-311, April.
    14. Juan A. Mayoral, 2017. "In the CJEU Judges Trust: A New Approach in the Judicial Construction of Europe," Journal of Common Market Studies, Wiley Blackwell, vol. 55(3), pages 551-568, May.
    15. Lauren Peritz, 2018. "Obstructing integration: Domestic politics and the European Court of Justice," European Union Politics, , vol. 19(3), pages 427-457, September.

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