To Refer or Not to Refer, That Is the (Preliminary) Question: Exploring Factors Which Influence the Participation of National Judges in the Preliminary Ruling Procedure

Monika Glavina*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

5 Citations (Scopus)
11 Downloads (Pure)

Abstract

This paper explores factors that either motivate or constrain national judges’ participation in the preliminary ruling procedure. By incorporating insights and evidence from American judicial politics literature and drawing from three models of judicial decision making: the attitudinal model, the team model, and the resource management model, it places the study of judicial behaviour with respect to the preliminary ruling procedure on more rigorous theoretical grounds. The paper is based on survey results conducted among 415 national judges from two new EU Member States: Slovenia and Croatia. In line with the theoretical predictions, the results show that the decision to make a referral to the CJEU is determined by several individual- and court-level factors. These are the position that a court occupies in a national judicial hierarchy, the judicial workload and availability of resources, and judges’ knowledge and experiences with respect to EU law and Article 267 TFEU proceedings.

Original languageEnglish
Pages (from-to)26-59
Number of pages34
JournalCroatian Yearbook of European Law and Policy
Volume16
DOIs
Publication statusPublished - 2020
Externally publishedYes

Bibliographical note

Funding Information:
* Dr Monika Glavina, Postdoctoral researcher at the Faculty of Social Sciences, University of Antwerp, [email protected]. The author acknowledges financial support from ERC Starting Grant 638154 (EUTHORITY). This article was written during doctoral research at the Centre for Legal Theory and Empirical Jurisprudence, Faculty of Law, KU Leuven. DOI: 10.3935/cyelp.16.2020.366.

Publisher Copyright:
© 2020. The Author(s). All Rights Reserved.

Research programs

  • ESL – Diversen Oud

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