National courts and the European Court of Justice: A public choice analysis of the preliminary reference procedure

George Tridimas, Takis Tridimas

Research output: Contribution to journalArticle

22 Scopus citations

Abstract

The paper analyses the growth of references for preliminary rulings of the European Court of Justice as the equilibrium outcome of the optimising behaviour of litigants, who demand preliminary rulings, national courts, which are the gatekeepers of the process, and the European Court of Justice, which supplies the rulings. The observed pattern is attributed to economic and political factors, including intra-EC trade, the absence of a service charge in using the preliminary references system, the terms by which private litigants access the national courts, and the empowerment of national judges against their own national authorities brought about by the mechanism.

Original languageEnglish (US)
Pages (from-to)125-145
Number of pages21
JournalInternational Review of Law and Economics
Volume24
Issue number2
DOIs
StatePublished - Jun 1 2004

All Science Journal Classification (ASJC) codes

  • Finance
  • Economics and Econometrics
  • Law

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