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Explaining Governance of the Judiciary in Central and Eastern Europe: External Incentives, Transnational Elites and Parliamentary Inaction

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  • Cristina E. Parau

Abstract

What made democratic politicians in Central and Eastern Europe exclude themselves from governance of the judiciary? Institutional change in the judiciary is investigated through a diachronic study of the Romanian judiciary which reveals a complex causal nexus. The classical model of the ‘external incentives’ of EU accession, while explaining a general drive toward revision, played an otherwise marginal role. An institutional template prevailed, promoted by an elite transnational community of legal professionals whose entrepreneurs steering the revision of governance of the judiciary after 1989. The parliamentarians, disempowered by this revision, offered no resistance—a ‘veto-player dormancy’ that stands revealed as pre-conditional to such transnational influences.

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  • Cristina E. Parau, 2015. "Explaining Governance of the Judiciary in Central and Eastern Europe: External Incentives, Transnational Elites and Parliamentary Inaction," Europe-Asia Studies, Taylor & Francis Journals, vol. 67(3), pages 409-442, March.
    • Handle: RePEc:taf:ceasxx:v:67:y:2015:i:3:p:409-442
    DOI: 10.1080/09668136.2015.1016401
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    Cited by:

    1. Katarína Šipulová & Samuel Spáč & David Kosař & Tereza Papoušková & Viktor Derka, 2023. "Judicial Self‐Governance Index: Towards better understanding of the role of judges in governing the judiciary," Regulation & Governance, John Wiley & Sons, vol. 17(1), pages 22-42, January.
    2. Guy Lurie & Amnon Reichman & Yair Sagy, 2020. "Agencification and the administration of courts in Israel," Regulation & Governance, John Wiley & Sons, vol. 14(4), pages 718-740, October.

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