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Do Governments Sway European Court of Justice Decision-making?: Evidence from Government Court Briefs

Author

Listed:
  • Clifford J. Carrubba

    (Department of Political Science, Emory University)

  • Matthew Gabel

    (Department of Political Science, University of Kentucky)

Abstract

The European Court of Justice (ECJ) is commonly described as a powerful international force for legal integration. Indeed, past studies indicate that the ECJ has developed a supranational legal order that trumps national law in a broad range of economic policy areas. But this depiction of an autonomous Court driving European integration beyond the desires of the member-states is dubious. We would expect the Court, whose existence depends on an international treaty and whose authority depends on national enforcement, to have strong incentives to decide cases with an eye to concerns of national governments. We argue that past studies -- which were based on a small number of case studies -- cannot demonstrate whether the Court is or is not sensitive to member-state interests. Based on novel dataset of all ECJ decisions over three years, we develop an empirical test of member-state influence on ECJ decisions and demonstrate that the Court does temper its decisions to accommodate member-state concerns.

Suggested Citation

  • Clifford J. Carrubba & Matthew Gabel, 2005. "Do Governments Sway European Court of Justice Decision-making?: Evidence from Government Court Briefs," Working Papers 2005-06, University of Kentucky, Institute for Federalism and Intergovernmental Relations.
    • Handle: RePEc:ifr:wpaper:2005-06
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    File URL: http://ifigr.org/publication/ifir_working_papers/IFIR-WP-2005-06.pdf
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    References listed on IDEAS

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    Cited by:

    1. Wildasin, David E., 2007. "Pre–Emption: Federal Statutory Intervention in State Taxation," National Tax Journal, National Tax Association;National Tax Journal, vol. 60(3), pages 649-662, September.
    2. Christos Kotsogiannis & Robert Schwager, 2006. "Fiscal Equalization and Yardstick Competition," Working Papers 2006-15, University of Kentucky, Institute for Federalism and Intergovernmental Relations.
    3. Hikaru Ogawa & David E. Wildasin, 2009. "Think Locally, Act Locally: Spillovers, Spillbacks, and Efficient Decentralized Policymaking," American Economic Review, American Economic Association, vol. 99(4), pages 1206-1217, September.
    4. Robin Boadway & Jean-Francois Tremblay, 2005. "A Theory of Vertical Fiscal Imbalance," Working Papers 2006-04, University of Kentucky, Institute for Federalism and Intergovernmental Relations.
    5. Buettner, Thiess & Wildasin, David E., 2006. "The dynamics of municipal fiscal adjustment," Journal of Public Economics, Elsevier, vol. 90(6-7), pages 1115-1132, August.

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    JEL classification:

    • H77 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Intergovernmental Relations; Federalism

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