IDEAS home Printed from https://ideas.repec.org/a/kap/ejlwec/v39y2015i2p287-311.html
   My bibliography  Save this article

Analyzing preliminary references as the powerbase of the European Court of Justice

Author

Listed:
  • Lars Hornuf
  • Stefan Voigt

Abstract

The European Court of Justice (ECJ) is a very powerful court compared to other international courts and even national courts of last resort. Observers almost unanimously agree that it is the preliminary references procedure that made the ECJ the powerful court it is today. In this article, we analyze the factors that lead national courts to use the procedure. We add to previous studies by constructing a comprehensive panel dataset (1982–2008) and identify the economic structure, familiarity with EU law, and tenure of democracy as new determinants. Copyright Springer Science+Business Media New York 2015

Suggested Citation

  • 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.
    • Handle: RePEc:kap:ejlwec:v:39:y:2015:i:2:p:287-311
    DOI: 10.1007/s10657-014-9449-9
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1007/s10657-014-9449-9
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1007/s10657-014-9449-9?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Andrei Shleifer & Florencio Lopez-de-Silanes & Rafael La Porta, 2008. "The Economic Consequences of Legal Origins," Journal of Economic Literature, American Economic Association, vol. 46(2), pages 285-332, June.
    2. Morris Fiorina, 1982. "Legislative choice of regulatory forms: Legal process or administrative process?," Public Choice, Springer, vol. 39(1), pages 33-66, January.
    3. La Porta, Rafael & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1997. "Legal Determinants of External Finance," Journal of Finance, American Finance Association, vol. 52(3), pages 1131-1150, July.
    4. Hausman, Jerry & Hall, Bronwyn H & Griliches, Zvi, 1984. "Econometric Models for Count Data with an Application to the Patents-R&D Relationship," Econometrica, Econometric Society, vol. 52(4), pages 909-938, July.
    5. Guimarães, Paulo, 2008. "The fixed effects negative binomial model revisited," Economics Letters, Elsevier, vol. 99(1), pages 63-66, April.
    6. 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.
    7. Mattli, Walter & Slaughter, Anne-Marie, 1998. "Revisiting the European Court of Justice," International Organization, Cambridge University Press, vol. 52(1), pages 177-209, January.
    8. Tridimas, George & Tridimas, Takis, 2004. "National courts and the European Court of Justice: a public choice analysis of the preliminary reference procedure," International Review of Law and Economics, Elsevier, vol. 24(2), pages 125-145, June.
    9. Voigt, Stefan, 2012. "On the optimal number of courts," International Review of Law and Economics, Elsevier, vol. 32(1), pages 49-62.
    10. Jean-Yves Pitarakis & George Tridimas, 2003. "Joint Dynamics of Legal and Economic Integration in the European Union," European Journal of Law and Economics, Springer, vol. 16(3), pages 357-368, November.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Lampach, Nicolas & Wijtvliet, Wessel & Dyevre, Arthur, 2020. "Merchant hubs and spatial disparities in the private enforcement of international trade regimes," International Review of Law and Economics, Elsevier, vol. 64(C).
    2. 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.
    3. 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.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Hornuf, Lars & Voigt, Stefan, 2011. "Preliminary References — Analyzing the Determinants that Made the ECJ the Powerful Court it Is," Berkeley Olin Program in Law & Economics, Working Paper Series qt2dg9t3x9, Berkeley Olin Program in Law & Economics.
    2. Martin Gassebner & Pierre-Guillaume Méon, 2010. "Where do Creditor Rights Matter? Creditor Rights, Political Constraints, and Cross-Border M&A Activity," Working Papers CEB 10-019.RS, ULB -- Universite Libre de Bruxelles.
    3. Eidenmüller, Horst & Engert, Andreas & Hornuf, Lars, 2015. "Where do firms issue debt? An empirical analysis of issuer location and regulatory competition in Europe," International Review of Law and Economics, Elsevier, vol. 41(C), pages 103-115.
    4. Gutiérrez-Romero, Roxana & Ahamed, Mostak, 2021. "COVID-19 response needs to broaden financial inclusion to curb the rise in poverty," World Development, Elsevier, vol. 138(C).
    5. repec:idn:journl:v:21:y:2019:i:3e:p:1-28 is not listed on IDEAS
    6. Massimiliano Affinito, 2011. "Convergence clubs, the euro-area rank and the relationship between banking and real convergence," Temi di discussione (Economic working papers) 809, Bank of Italy, Economic Research and International Relations Area.
    7. Andrea Asoni, 2008. "Protection Of Property Rights And Growth As Political Equilibria," Journal of Economic Surveys, Wiley Blackwell, vol. 22(5), pages 953-987, December.
    8. Oasis Kodila-Tedika & Simplice Asongu, 2015. "The Effect of Intelligence on Financial Development: A Cross-Country Comparison," Working Papers of the African Governance and Development Institute. 15/002, African Governance and Development Institute..
    9. Loureiro, Gilberto & Silva, Sónia, 2022. "Earnings management and stock price crashes post U.S. cross-delistings," International Review of Financial Analysis, Elsevier, vol. 82(C).
    10. Alvaro Aguirre, 2017. "Contracting Institutions and Economic Growth," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 24, pages 192-217, March.
    11. Adam Levai & Riccardo Turati, 2021. "The Impact of Immigration on Workers’ Protection," LIDAM Discussion Papers IRES 2021021, Université catholique de Louvain, Institut de Recherches Economiques et Sociales (IRES), revised 07 Sep 2021.
    12. Perotti, Enrico & Schwienbacher, Armin, 2009. "The political origin of pension funding," Journal of Financial Intermediation, Elsevier, vol. 18(3), pages 384-404, July.
    13. Mohammad Amin & Priya Ranjan, 2008. "When Does Legal Origin Matter?," Working Papers 080912, University of California-Irvine, Department of Economics.
    14. Frankel, Jeffrey A. & Vegh, Carlos A. & Vuletin, Guillermo, 2013. "On graduation from fiscal procyclicality," Journal of Development Economics, Elsevier, vol. 100(1), pages 32-47.
    15. Panayotis Kapopoulos & Anastasios Rizos, 2024. "Judicial efficiency and economic growth: Evidence based on European Union data," Scottish Journal of Political Economy, Scottish Economic Society, vol. 71(1), pages 101-131, February.
    16. Dieter von Fintel & Johan Fourie, 2011. "Settler skills and colonial development," Working Papers 213, Economic Research Southern Africa.
    17. Lu, Yi & Tao, Zhigang, 2009. "Contract enforcement and family control of business: Evidence from China," Journal of Comparative Economics, Elsevier, vol. 37(4), pages 597-609, December.
    18. Martin Halla, 2011. "The Link between the Intrinsic Motivation to Comply and Compliance Behaviour: A Critical Appraisal of Existing Evidence," Chapters, in: Friedrich Schneider (ed.), Handbook on the Shadow Economy, chapter 11, Edward Elgar Publishing.
    19. Habiba Al‐Shaer & Yang Stephanie Liu & Khaldoon Albitar, 2024. "Driving businesses towards a better climate: Macro and micro mechanisms to protect the planet," Business Strategy and the Environment, Wiley Blackwell, vol. 33(3), pages 1810-1833, March.
    20. Schmid, Thomas & Ampenberger, Markus & Kaserer, Christoph & Achleitner, Ann-Kristin, 2010. "Controlling shareholders and payout policy: do founding families have a special 'taste for dividends'?," CEFS Working Paper Series 2010-01, Technische Universität München (TUM), Center for Entrepreneurial and Financial Studies (CEFS).
    21. Hakkon Kim & Kwangwoo Park & Doojin Ryu, 2017. "Corporate Environmental Responsibility: A Legal Origins Perspective," Journal of Business Ethics, Springer, vol. 140(3), pages 381-402, February.

    More about this item

    Keywords

    European Court of Justice; Court behavior; Preliminary reference procedure; H77; K33;
    All these keywords.

    JEL classification:

    • H77 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Intergovernmental Relations; Federalism
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:ejlwec:v:39:y:2015:i:2:p:287-311. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.