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Judging In Europe: Do Legal Traditions Matter?

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  • Angela Huyue Zhang
  • Jingchen Liu
  • Nuno Garoupa

Abstract

EU competition appeals typically involve applications by private businesses to annul decisions made by the European Commission. Moreover, these appeals are first assigned at random to a chamber, with a judge then designated as the rapporteur who will be most closely involved with the case. Using hand-collected original data on the background characteristics of EU judges and on competition judgments by the General Court between 1989 and 2015, we test the extent to which the legal origins of judges bear a statistically significant effect on case outcomes and that the rapporteur plays a crucial role in the decision-making process. In particular, if a rapporteur comes from a country whose administrative law has a strong French influence, the decision is more likely to favor the Commission than if he is from any other EU country. These results are robust to alternative political ideology variables, including left–right politics and a preference for European integration.

Suggested Citation

  • Angela Huyue Zhang & Jingchen Liu & Nuno Garoupa, 2018. "Judging In Europe: Do Legal Traditions Matter?," Journal of Competition Law and Economics, Oxford University Press, vol. 14(1), pages 144-178.
  • Handle: RePEc:oup:jcomle:v:14:y:2018:i:1:p:144-178.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhx031
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    Cited by:

    1. Tag, Mehmet Nasih, 2021. "Judicial institutions of property rights protection and foreign direct investment inflows," International Review of Law and Economics, Elsevier, vol. 65(C).
    2. Wessel Wijtvliet & Arthur Dyevre, 2021. "Judicial ideology in economic cases: Evidence from the General Court of the European Union," European Union Politics, , vol. 22(1), pages 25-45, March.
    3. Monika Stachowiak-Kudła & Janusz Kudła, 2022. "Path dependence in administrative adjudication: the role played by legal tradition," Constitutional Political Economy, Springer, vol. 33(3), pages 301-325, September.

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