The Reference Points of EU Judicial Politics

Damian Chalmers and Mariana Chaves

LEQS – LSE 'Europe in Question' Discussion Paper Series from European Institute, LSE

Abstract: Explanations of the dynamics of EU judicial politics must also account for its incidence, namely when and in which sectors litigation of EU law and ECJ judgments occur. This incidence, it is suggested relies on a relationship between three arenas, those for norm-setting, litigation and judgments, as events in each of these arena conditions possibilities for action in the others. This paper analyses the relationship between these arenas through a study of all 2007-9 preliminary rulings and finds EU judicial politics characterised by two predominant dynamics. ‘Patrol norms’ dedicated to securing common policies give rise to low salient judgments dominated by transnational enterprise and national administration litigation. ‘Thickly evaluative norms’ are concerned with articulating certain values. Dominated by litigation by domestic undertakings and non-commercial actors, these norms generate the Court’s salient judgments.

Keywords: Court of Justice; judicial politics; preliminary rulings (search for similar items in EconPapers)
Date: 2011-09
New Economics Papers: this item is included in nep-law
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
http://www.lse.ac.uk/europeanInstitute/LEQS/LEQSPaper43.pdf (application/pdf)
Our link check indicates that this URL is bad, the error code is: 404 Not Found (http://www.lse.ac.uk/europeanInstitute/LEQS/LEQSPaper43.pdf [301 Moved Permanently]--> https://www.lse.ac.uk/europeanInstitute/LEQS/LEQSPaper43.pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eiq:eileqs:43

Access Statistics for this paper

More papers in LEQS – LSE 'Europe in Question' Discussion Paper Series from European Institute, LSE Contact information at EDIRC.
Bibliographic data for series maintained by Katjana Gattermann (euroinst.leqs@lse.ac.uk).