Type: Working Paper
Modelling judicial dialogue in the European community : the quantitative basis of preliminary references to the ECJ
Working Paper, Florence : European University Institute, 1996EUI RSC, 1996/58
GOLUB, Jonathan, Modelling judicial dialogue in the European community : the quantitative basis of preliminary references to the ECJ, Florence : European University Institute, 1996EUI RSC, 1996/58 - https://hdl.handle.net/1814/1473
Retrieved from Cadmus, EUI Research Repository
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.
Digitised version produced by the EUI Library and made available online in 2020.
Cadmus permanent link: https://hdl.handle.net/1814/1473
Series/Number: EUI RSC; 1996/58
Publisher: European University Institute