The Nordics, the EU and the Reluctance Towards Supranational Judicial Review

Marlene Wind

Journal of Common Market Studies, 2010, vol. 48, issue 4, 1039-1063

Abstract: The Nordic countries have no tradition of judicial review by courts and have generally been hesitant to make use of the preliminary ruling procedure in the European Union. New data indicate that Nordic courts prefer to solve as many EU‐related judicial disputes as possible without involving a supranational organ such as the ECJ. Building on two comprehensive surveys of Danish and Swedish courts and judges, this study challenges the theory of judicial empowerment when explaining judicial integration in the EU. The article argues that in order to explain when and why Member State courts make use of the preliminary ruling procedure, a much deeper understanding of the prevalent legal/political culture and concept of democracy in each Member State is required. In particular, the distinction between majoritarian versus constitutional democracies may help us understand why majoritarian democracies express greater scepticism towards supranational judicial review.

Date: 2010
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (2)

Downloads: (external link)
https://doi.org/10.1111/j.1468-5965.2010.02085.x

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:bla:jcmkts:v:48:y:2010:i:4:p:1039-1063

Ordering information: This journal article can be ordered from
http://www.blackwell ... bs.asp?ref=0021-9886

Access Statistics for this article

Journal of Common Market Studies is currently edited by Jim Rollo and Daniel Wincott

More articles in Journal of Common Market Studies from Wiley Blackwell
Bibliographic data for series maintained by Wiley Content Delivery ().