IDEAS home Printed from https://ideas.repec.org/a/bla/jcmkts/v61y2023i1p58-75.html
   My bibliography  Save this article

That's an Order! How the Quest for Efficiency Is Transforming Judicial Cooperation in Europe

Author

Listed:
  • Stein Arne Brekke
  • Daniel Naurin
  • Urška Šadl
  • Lucía López‐Zurita

Abstract

Effective procedural arrangements allow courts to reconcile conflicting demands of timely justice and sound legal argument. In the context of the European Union, conflict between these demands emerged most acutely in the face of paralyzing delays in the preliminary reference procedure. It was partly solved by Article 99 of the Rules of Procedure. The provision allowed the European Court of Justice to dispose of repetitive and legally undemanding cases with a reasoned order in lieu of a judgment. This article analyses all published orders of the European Court of Justice to examine the use and the implications of Article 99 of the Rules of Procedure. It is the first article to do so. We find that the Court resorts to orders to save time and to halt repeated questions from the courts of a single Member State.

Suggested Citation

  • Stein Arne Brekke & Daniel Naurin & Urška Šadl & Lucía López‐Zurita, 2023. "That's an Order! How the Quest for Efficiency Is Transforming Judicial Cooperation in Europe," Journal of Common Market Studies, Wiley Blackwell, vol. 61(1), pages 58-75, January.
    • Handle: RePEc:bla:jcmkts:v:61:y:2023:i:1:p:58-75
    DOI: 10.1111/jcms.13346
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/jcms.13346
    Download Restriction: no
    File URL: https://libkey.io/10.1111/jcms.13346?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Larsson, Olof & Naurin, Daniel, 2016. "Judicial Independence and Political Uncertainty: How the Risk of Override Affects the Court of Justice of the EU," International Organization, Cambridge University Press, vol. 70(2), pages 377-408, April.
    2. Burley, Anne-Marie & Mattli, Walter, 1993. "Europe Before the Court: A Political Theory of Legal Integration," International Organization, Cambridge University Press, vol. 47(1), pages 41-76, January.
    3. Ferejohn, John A. & Weingast, Barry R., 1992. "A positive theory of statutory interpretation," International Review of Law and Economics, Elsevier, vol. 12(2), pages 263-279, June.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Lucía López Zurita & Stein Arne Brekke, 2024. "A Spoonful of Sugar: Deference at the Court of Justice," Journal of Common Market Studies, Wiley Blackwell, vol. 62(5), pages 1177-1203, September.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Lucía López Zurita & Stein Arne Brekke, 2024. "A Spoonful of Sugar: Deference at the Court of Justice," Journal of Common Market Studies, Wiley Blackwell, vol. 62(5), pages 1177-1203, September.
    2. Michal Ovádek, 2021. "Supranationalism, constrained? Locating the Court of Justice on the EU integration dimension," European Union Politics, , vol. 22(1), pages 46-69, March.
    3. Keith Dowding, 2000. "Institutionalist Research on the European Union," European Union Politics, , vol. 1(1), pages 125-144, February.
    4. Ninke Mussche & Dries Lens, 2018. "The EU Free Movement of Services and the growing mobility of Third-Country Nationals as posted workers," Working Papers 1813, Herman Deleeck Centre for Social Policy, University of Antwerp.
    5. Tridimas, George & Tridimas, Takis, 2004. "National courts and the European Court of Justice: a public choice analysis of the preliminary reference procedure," International Review of Law and Economics, Elsevier, vol. 24(2), pages 125-145, June.
    6. Carsten Hefeker & Michael Neugart, 2016. "Policy deviations, uncertainty, and the European Court of Justice," European Journal of Law and Economics, Springer, vol. 42(3), pages 547-567, December.
    7. Jaewook Byeon & Iljoong Kim & Dongwon Lee, 2018. "Protest and property crime: political use of police resources and the deterrence of crime," Public Choice, Springer, vol. 175(1), pages 181-196, April.
    8. George Tridimas, 2010. "Constitutional judicial review and political insurance," European Journal of Law and Economics, Springer, vol. 29(1), pages 81-101, February.
    9. Djuro Djuric & Srdjan Redzepagic, 2012. "Harmonization Of Legislation With The Eu Standards," Book Chapters, in: João Sousa Andrade & Marta C. N. Simões & Ivan Stosic & Dejan Eric & Hasan Hanic (ed.), Managing Structural Changes - Trends and Requirements, edition 1, volume 1, chapter 4, pages 61-92, Institute of Economic Sciences.
    10. Fabio Franchino & Camilla Mariotto, 2021. "Noncompliance risk, asymmetric power and the design of enforcement of the European economic governance," European Union Politics, , vol. 22(4), pages 591-610, December.
    11. Philipp Genschel & Markus Jachtenfuchs, 2017. "From market integration to core state powers: the Eurozone crisis, the refugee crisis and integration theory," RSCAS Working Papers 2017/26, European University Institute.
    12. Philippa Dee & Anne McNaughton, 2013. "Promoting Domestic Reforms through Regionalism," World Scientific Book Chapters, in: Services Trade Reform Making Sense of It, chapter 14, pages 381-427, World Scientific Publishing Co. Pte. Ltd..
    13. Lars P. Feld & Stefan Voigt, 2004. "Making Judges Independent – Some Proposals Regarding the Judiciary," CESifo Working Paper Series 1260, CESifo.
    14. Georg Vanberg, 1998. "Abstract Judicial Review, Legislative Bargaining, and Policy Compromise," Journal of Theoretical Politics, , vol. 10(3), pages 299-326, July.
    15. Djuro Djuric & Milos Vasiljevic, 2012. "Analysis of the Political Aspects of the European Integrations Perspectives for Balkan Countries," Book Chapters, in: Paulino Teixeira & António Portugal Duarte & Srdjan Redzepagic & Dejan Eric (ed.), European Integration Process in Western Balkan Countries, edition 1, volume 1, chapter 14, pages 266-295, Institute of Economic Sciences.
    16. Fritz W. Scharpf, 2009. "The Asymmetry of European Integration - or why the EU cannot be a Social Market Economy," KFG Working Papers p0006, Free University Berlin.
    17. Xinyuan Dai, 2006. "The Conditional Nature of Democratic Compliance," Journal of Conflict Resolution, Peace Science Society (International), vol. 50(5), pages 690-713, October.
    18. Holger Döring, 2007. "The Composition of the College of Commissioners," European Union Politics, , vol. 8(2), pages 207-228, June.
    19. Fleck, Robert K. & Hanssen, F. Andrew, 2024. "Courts, legislatures, and evolving property rules: Lessons from eminent domain," Explorations in Economic History, Elsevier, vol. 93(C).
    20. Fligstein, Neil & Stone-Sweet, Alec, 2000. "The Institutionalization of the Treaty of Rome," Center for Culture, Organizations and Politics, Working Paper Series qt3b69r48n, Center for Culture, Organizations and Politics of theInstitute for Research on Labor and Employment, UC Berkeley.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:jcmkts:v:61:y:2023:i:1:p:58-75. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0021-9886 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.