The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena …
JA Mayoral, M Wind - Journal of European Public Policy, 2022 - Taylor & Francis
Though the EU is a rule of law community it struggles to make all Member States engage fully in upholding its laws and values. Some issues have to do with concrete violations …
F De Witte, A Krisztián, J Kukavica… - … American Journal of …, 2024 - academic.oup.com
How do judges engage with foreign case law? While prior research has identified some instances of courts willing to cite foreign judgments, details about the mode of engagement …
Private actors are increasingly turning to international courts (ICs). We argue that ICs can refract private litigation to build legitimacy and mitigate intergovernmental backlash. By …
M Glavina - European Politics and Society, 2024 - Taylor & Francis
One of the most important aspects of making the 1990 Croatian Constitutional Court was the 'establishment of an independent and potentially powerful'court. For the first time since 1963 …
We examine the emergence and evolution of docket control mechanisms in the preliminary ruling procedure. Using both legal and statistical analysis, we show that reasoned orders …
This chapter discusses and provides a thorough review of scholarship on judicial referrals. The scholarship on referrals has grown tremendously in the twenty-first century, with most of …
D Petrić - ZEuS Zeitschrift für Europarechtliche Studien, 2024 - nomos-elibrary.de
In the preliminary ruling procedure under Article 267 TFEU, national courts refer questions of interpretation of EU law to the Court of Justice of the EU. At times, national courts not only …
S Cheruvu, T Pavone - … Founding Narratives with a New Research …, 2023 - papers.ssrn.com
We reassess two foundational narratives of European legal integration that appeared to corroborate “end of history” claims in post-Cold War international and comparative politics …