Modelling judicial dialogue in the European community : the quantitative basis of preliminary references to the ECJ

Abstract

While it has traditionally been viewed as the mechanism for constructing a remarkable supranational legal order, as well as the primary indication of judicial support for European integration, the intensity of "dialogue" established by preliminary references from national courts to the European Court of Justice varies considerably and unexpectedly amongst member states. By focusing attention on what generates litigation involving EC law, the model presented here identifies transnational economic interaction and transnational movement of people as factors which account almost entirely for cross-national variation in reference rates. These findings are contrasted with the inability of other factors to account for variation, including population size, implementation of EC law, reception of supremacy and direct effect, judicial empowerment, legal education, and various aspects of national legal culture.