The ECJ’s precedents as means of EU integration: National courts’ treatment of European case-law under scrutiny
This thesis investigates how national judges treat the case-law of the European Court of Justice in their run-of-the-mill adjudication outside preliminary reference mechanism. It shows that the ECJ formally instructs all national judges to follow its previous rulings and as a result, the Luxembourg’...
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| Format: | Thesis |
| Language: | English |
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2022
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| _version_ | 1826308697677103104 |
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| author | Pivoda, M |
| author2 | Bogojević, S |
| author_facet | Bogojević, S Pivoda, M |
| author_sort | Pivoda, M |
| collection | OXFORD |
| description | This thesis investigates how national judges treat the case-law of the European Court of Justice in their run-of-the-mill adjudication outside preliminary reference mechanism. It shows that the ECJ formally instructs all national judges to follow its previous rulings and as a result, the Luxembourg’s jurisprudence theoretically enjoys precedential force in the wider sense. Nevertheless, it is argued that in reality, there is a great variety of patterns in how national judges apply and engage with the Court’s previous case-law. In order to examine those patterns, the study surpasses traditional indicators of compliance and instead embraces a broader concept of judicial treatment of previous case-law. Consequently, a three-level methodological framework for empirical analysis of the domestic referring practices consisting of a mix of quantitative and qualitative approaches is introduced. It is argued that combining automated text analysis with more traditional legal research methods offers a rather holistic approach which could contribute to the reconstruction of a more realistic and systematic picture of EU judicial choice-making. That framework is then applied to the pilot study of the Czech Supreme Administrative Court. |
| first_indexed | 2024-03-07T07:23:13Z |
| format | Thesis |
| id | oxford-uuid:a64de549-4705-416c-96e6-7e27265670a4 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T07:23:13Z |
| publishDate | 2022 |
| record_format | dspace |
| spelling | oxford-uuid:a64de549-4705-416c-96e6-7e27265670a42022-10-28T15:19:01ZThe ECJ’s precedents as means of EU integration: National courts’ treatment of European case-law under scrutinyThesishttp://purl.org/coar/resource_type/c_bdccuuid:a64de549-4705-416c-96e6-7e27265670a4Law--European Union countries--CasesJudgesEnglishHyrax Deposit2022Pivoda, MBogojević, SSadl, USAdams-Prassl, JThis thesis investigates how national judges treat the case-law of the European Court of Justice in their run-of-the-mill adjudication outside preliminary reference mechanism. It shows that the ECJ formally instructs all national judges to follow its previous rulings and as a result, the Luxembourg’s jurisprudence theoretically enjoys precedential force in the wider sense. Nevertheless, it is argued that in reality, there is a great variety of patterns in how national judges apply and engage with the Court’s previous case-law. In order to examine those patterns, the study surpasses traditional indicators of compliance and instead embraces a broader concept of judicial treatment of previous case-law. Consequently, a three-level methodological framework for empirical analysis of the domestic referring practices consisting of a mix of quantitative and qualitative approaches is introduced. It is argued that combining automated text analysis with more traditional legal research methods offers a rather holistic approach which could contribute to the reconstruction of a more realistic and systematic picture of EU judicial choice-making. That framework is then applied to the pilot study of the Czech Supreme Administrative Court. |
| spellingShingle | Law--European Union countries--Cases Judges Pivoda, M The ECJ’s precedents as means of EU integration: National courts’ treatment of European case-law under scrutiny |
| title | The ECJ’s precedents as means of EU integration: National courts’ treatment of European case-law under scrutiny |
| title_full | The ECJ’s precedents as means of EU integration: National courts’ treatment of European case-law under scrutiny |
| title_fullStr | The ECJ’s precedents as means of EU integration: National courts’ treatment of European case-law under scrutiny |
| title_full_unstemmed | The ECJ’s precedents as means of EU integration: National courts’ treatment of European case-law under scrutiny |
| title_short | The ECJ’s precedents as means of EU integration: National courts’ treatment of European case-law under scrutiny |
| title_sort | ecj s precedents as means of eu integration national courts treatment of european case law under scrutiny |
| topic | Law--European Union countries--Cases Judges |
| work_keys_str_mv | AT pivodam theecjsprecedentsasmeansofeuintegrationnationalcourtstreatmentofeuropeancaselawunderscrutiny AT pivodam ecjsprecedentsasmeansofeuintegrationnationalcourtstreatmentofeuropeancaselawunderscrutiny |