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Do Governments Sway European Court of Justice Decision-making?: Evidence from Government Court Briefs

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Author Info
Clifford J. Carrubba (Department of Political Science, Emory University)
Matthew Gabel () (Department of Political Science, University of Kentucky)
Abstract

The European Court of Justice (ECJ) is commonly described as a powerful international force for legal integration. Indeed, past studies indicate that the ECJ has developed a supranational legal order that trumps national law in a broad range of economic policy areas. But this depiction of an autonomous Court driving European integration beyond the desires of the member-states is dubious. We would expect the Court, whose existence depends on an international treaty and whose authority depends on national enforcement, to have strong incentives to decide cases with an eye to concerns of national governments. We argue that past studies -- which were based on a small number of case studies -- cannot demonstrate whether the Court is or is not sensitive to member-state interests. Based on novel dataset of all ECJ decisions over three years, we develop an empirical test of member-state influence on ECJ decisions and demonstrate that the Court does temper its decisions to accommodate member-state concerns.

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Paper provided by University of Kentucky, Institute for Federalism and Intergovernmental Relations in its series Working Papers with number 2005-06.

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Length: 33 pages
Date of creation: Sep 2005
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Handle: RePEc:ifr:wpaper:2005-06

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H77 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Intergovernmental Relations; Federalism

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Pollack, Mark A, 1997. "Delegation, Agency, and Agenda Setting in the European Community," International Organization, MIT Press, vol. 51(1), pages 99-134, Winter.
  2. George Tsebelis & Geoffrey Garrett, 2001. "The Institutional Foundations of Intergovernmentalism and Supranationalism in the European Union," International Organization, MIT Press, vol. 55(2), pages 357-390, June. [Downloadable!] (restricted)
  3. Buettner, Thiess & Wildasin, David E., 2006. "The dynamics of municipal fiscal adjustment," Journal of Public Economics, Elsevier, vol. 90(6-7), pages 1115-1132, August. [Downloadable!] (restricted)
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  4. William H. Hoyt & J. William Harden, 2005. "MSA Location and the Impact of State Taxes on Employment and Population: A Comparison of Border and Interior MSA's," Working Papers 2005-01, University of Kentucky, Institute for Federalism and Intergovernmental Relations. [Downloadable!]
  5. Mattli, Walter & Slaughter, Anne-Marie, 1998. "Revisiting the European Court of Justice," International Organization, MIT Press, vol. 52(1), pages 177-209, Winter.
  6. Clifford J. Carrubba & Matthew Gabel & Lacey Murrah & Ryan Clough & Elizabeth Montgomery & Rebecca Schambach, 2005. "National Party Politics and Supranational Politics in the European Union: New Evidence from the European Parliament," Working Papers 2005-04, University of Kentucky, Institute for Federalism and Intergovernmental Relations. [Downloadable!]
  7. Jonas Tallberg, 2002. "Paths to Compliance: Enforcement, Management, and the European Union," International Organization, MIT Press, vol. 56(3), pages 609-643, August. [Downloadable!] (restricted)
  8. Matthew Gabel & Kenneth Scheve, 2005. "Estimating the Effect of Elite Communications on Public Opinion Using Instrumental Variables," Working Papers 2005-02, University of Kentucky, Institute for Federalism and Intergovernmental Relations. [Downloadable!]
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(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Hikaru Ogawa & David Wildasin, 2007. "Think Locally, Act Locally: Spillovers, Spillbacks, and Efficient Decentralized Policymaking," Working Papers 2007-06, University of Kentucky, Institute for Federalism and Intergovernmental Relations. [Downloadable!]
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  2. David E. Wildasin & Thiess Buettner, 2005. "The Dynamics of Municipal Fiscal Adjustment," Working Papers 2005-03, University of Kentucky, Institute for Federalism and Intergovernmental Relations. [Downloadable!]
    Other versions:
  3. Christos Kotsogiannis & Robert Schwager, 2006. "Fiscal Equalization and Yardstick Competition," Working Papers 2006-15, University of Kentucky, Institute for Federalism and Intergovernmental Relations. [Downloadable!]
  4. David Wildasin, 2007. "Pre-Emption: Federal Statutory Intervention in State Taxation," Working Papers 2007-05, University of Kentucky, Institute for Federalism and Intergovernmental Relations. [Downloadable!]
  5. Robin Boadway & Jean-Francois Tremblay, 2005. "A Theory of Vertical Fiscal Imbalance," Working Papers 2006-04, University of Kentucky, Institute for Federalism and Intergovernmental Relations. [Downloadable!]
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