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Lucky you: Your case is heard by a seasoned panel—Panel effects in the German Constitutional Court

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  • Christoph Engel

Abstract

Panel effects have been widely studied in randomly composed panels. However, for many courts, panel composition stays constant. Then judges become familiar with each other. They know what to expect from each other. Mutual trust may develop. A local culture may emerge. If rejection is the default, familiarity is likely to help plaintiffs, as familiar panels can be more effective, and more self‐confident. In the German Constitutional Court, the effect of familiarity on three success measures can be causally identified: success on the merits, with the request for a preliminary ruling, or with a procedural request. Justices experience multiple, exogenous recompositions of their chamber. In the logic of regression discontinuity, the effect of familiarity on the alternative measures for success can be identified if these recompositions lead to a clear decrease in familiarity with the other members of the chamber.

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  • Christoph Engel, 2022. "Lucky you: Your case is heard by a seasoned panel—Panel effects in the German Constitutional Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(4), pages 1179-1221, December.
    • Handle: RePEc:wly:empleg:v:19:y:2022:i:4:p:1179-1221
    DOI: 10.1111/jels.12327
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    1. Xiaohong Yu & Zhaoyang Sun, 2022. "The company they keep: When and why Chinese judges engage in collegiality," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(4), pages 936-1002, December.
    2. Christoph Engel, 2024. "The German Constitutional Court – Activist, but not Partisan?," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2024_04, Max Planck Institute for Research on Collective Goods.

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