TY - JOUR
T1 - Chilling or Learning?
T2 - The Effect of Negative Feedback on Interjudicial Cooperation in Nonhierarchical Referral Regimes
AU - Dyevre, Arthur
AU - Lampach, Nicolas
AU - Glavina, Monika
N1 - JEL Classification: K10, K40, N34, C11, C26
Publisher Copyright:
© 2022 Law and Courts Organized Section of the American Political Science Association. All rights reserved.
PY - 2022/1/31
Y1 - 2022/1/31
N2 - We exploit the nonhierarchical nature of the European Union legal system to investigate the effect of negative feedback on intercourt cooperation. We argue that, in the context of a nonhierarchical referral system, formal dismissals expose shirking, which the principal, the referral court, has no formal power to curb. Yet we find that when referring courts have experienced a formal dismissal, they are not only more likely to resubmit but also more likely to see their references accepted. This effect increases with the number of formal dismissals previously experienced. Our findings suggest that referring courts expect significant benefits from cooperation that the referral court is able to leverage to ameliorate the quality of the referring judges’ work.
AB - We exploit the nonhierarchical nature of the European Union legal system to investigate the effect of negative feedback on intercourt cooperation. We argue that, in the context of a nonhierarchical referral system, formal dismissals expose shirking, which the principal, the referral court, has no formal power to curb. Yet we find that when referring courts have experienced a formal dismissal, they are not only more likely to resubmit but also more likely to see their references accepted. This effect increases with the number of formal dismissals previously experienced. Our findings suggest that referring courts expect significant benefits from cooperation that the referral court is able to leverage to ameliorate the quality of the referring judges’ work.
UR - http://www.scopus.com/inward/record.url?scp=85123847285&partnerID=8YFLogxK
U2 - 10.1086/714704
DO - 10.1086/714704
M3 - Article
AN - SCOPUS:85123847285
JO - Journal of Law and Courts
JF - Journal of Law and Courts
SN - 2164-6570
ER -