The Reference Points of EU Judicial Politics

Journal of European Public Policy, Vol. 19, March 2012

LEQS Paper No. 43/2011

38 Pages Posted: 30 Sep 2011

See all articles by Damian Chalmers

Damian Chalmers

National University of Singapore (NUS) - Faculty of Law

Mariana Chaves

London School of Economics & Political Science (LSE) - European Institute

Date Written: September 28, 2011

Abstract

Explanations of the dynamics of EU judicial politics must also account for its incidence, namely when and in which sectors litigation of EU law and ECJ judgments occur. This incidence, it is suggested relies on a relationship between three arenas, those for norm-setting, litigation and judgments, as events in each of these arena conditions possibilities for action in the others. This paper analyses the relationship between these arenas through a study of all 2007-9 preliminary rulings and finds EU judicial politics characterised by two predominant dynamics. ‘Patrol norms’ dedicated to securing common policies give rise to low salient judgments dominated by transnational enterprise and national administration litigation. ‘Thickly evaluative norms’ are concerned with articulating certain values. Dominated by litigation by domestic undertakings and non-commercial actors, these norms generate the Court’s salient judgments.

Keywords: Court of Justice, judicial politics, preliminary rulings

JEL Classification: Z00

Suggested Citation

Chalmers, Damian and Chaves, Mariana, The Reference Points of EU Judicial Politics (September 28, 2011). Journal of European Public Policy, Vol. 19, March 2012, LEQS Paper No. 43/2011, Available at SSRN: https://ssrn.com/abstract=1934996

Damian Chalmers (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Mariana Chaves

London School of Economics & Political Science (LSE) - European Institute ( email )

Houghton Street
London WC2A 2AE
United Kingdom

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