The political foundations of judicial independence in the European Union

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Abstract

This contribution explores the political foundations of judicial independence in the European Union and asks to what degree the ECJ is insulated against court curbing mechanisms that might threaten judicial independence. The contribution reviews the major court curbing mechanisms identified in the literature on American law and politics and assesses the extent to which these mechanisms might be applied in restraining the ECJ. The evidence and analysis suggests that the ECJ is remarkably well insulated against each of the major court curbing mechanisms identified in the literature.

Original languageEnglish (US)
Pages (from-to)43-58
Number of pages16
JournalJournal of European Public Policy
Volume19
Issue number1
DOIs
StatePublished - Jan 1 2012

All Science Journal Classification (ASJC) codes

  • Sociology and Political Science
  • Public Administration

Keywords

  • Chambers
  • Court of Justice
  • court curbing
  • judicial independence
  • public opinion
  • spatial modeling

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