Do Administrative Courts Favor the Government? Evidence from Medical Malpractice in Spain

66 Pages Posted: 12 Jan 2012 Last revised: 17 Jul 2012

See all articles by Sofia Amaral-Garcia

Sofia Amaral-Garcia

German Institute for Economic Research (DIW Berlin)

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Date Written: July 4, 2012

Abstract

A standard argument against specialized administrative courts in the tradition of civil law jurisdictions is their lack of independence. They are perceived to be ineffective in restraining the government’s interference with private rights, therefore failing to secure strong judicial independence. In this paper, we use a dataset of 365 medical malpractice cases decided by the Spanish Supreme Court in 2006-2010 to test the extent to which administrative courts are biased in favor of the government. We find no clear evidence that administrative courts decide more favorably for the defendant than civil courts.

Keywords: administrative courts, medical malpractice, Spain, capture, judicial behavior

JEL Classification: K

Suggested Citation

Amaral-Garcia, Sofia and Garoupa, Nuno, Do Administrative Courts Favor the Government? Evidence from Medical Malpractice in Spain (July 4, 2012). 7th Annual Conference on Empirical Legal Studies Paper. Available at SSRN: https://ssrn.com/abstract=1983442 or http://dx.doi.org/10.2139/ssrn.1983442

Sofia Amaral-Garcia

German Institute for Economic Research (DIW Berlin) ( email )

Mohrenstraße 58
Berlin, 10117
Germany

Nuno Garoupa (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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