Is there an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice

Favale, Marcella; Kretschmer, Martin; Torremans, Paul

doi:10.1111/1468-2230.12166

Cited by 36 publications

(4 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Note that Dederichs () does not even consider departures as a separate category. See also Beck (:252) and Favale et al (:23).…”

mentioning

confidence: 99%

The Politics of Citations at the ECJ—Policy Preferences of E.U. Member State Governments and the Citation Behavior of Judges at the European Court of Justice

Frankenreiter

2017

J Empirical Legal Studies

View full text Add to dashboard Cite

This article investigates the relationship between the political preferences of E.U. Member States and the behavior of judges at the European Court of Justice (ECJ) by analyzing their citation behavior. It shows that judges at the ECJ are more likely to cite judgments authored by judges appointed by Member State governments with similar preferences regarding European integration. Analogous with the context of U.S. courts, nonrandom opinion assignment potentially threatens the validity of these results. To overcome this problem, I exploit the unique institutional setting at the ECJ to develop an improved identification strategy that builds on comparing the citations in two documents produced in the same case (i.e., the judgment and the opinion of the Advocate General). The findings in this article provide evidence for the hypothesis that the political preferences of Member State governments are reflected in the behavior of the members of the ECJ.

show abstract

“…Note that Dederichs () does not even consider departures as a separate category. See also Beck (:252) and Favale et al (:23).…”

mentioning

confidence: 99%

The Politics of Citations at the ECJ—Policy Preferences of E.U. Member State Governments and the Citation Behavior of Judges at the European Court of Justice

Frankenreiter

2017

J Empirical Legal Studies

View full text Add to dashboard Cite

show abstract

“…To achieve this goal, scholars have adopted content analysis, fieldwork, machine learning, regression analysis, and so on. Favale et al (2016) used descriptive statistical analysis to confirm the background of court chambers and court members and used quantitative content analysis to study the relationship between rhetorical arguments and judgment results [ 16 ]. Xu (2017) used content analysis to encode the instruments' contents, then used cross-analysis to study the influence of multiple variables on the judgments, looking at whether there is local judicial protection in online copyright infringement litigation in China [ 17 ].…”

Section: Literature Reviewmentioning

confidence: 99%

A quantitative evaluation of judicial justice in civil cases with Chinese free trade zone enterprises as the plaintiff

Jiang¹,

Zhang²

2023

Heliyon

View full text Add to dashboard Cite

“…In recent years, this has slowly started to change. For examples of quantitative research on the decision-making of individual judges at the CJEU, seeFavale et al (2016);Frankenreiter (2017);Malecki (2012).…”

mentioning

confidence: 99%

“…For a discussion about the interpretation of the role of the ECJ vis-à-vis the Member States, seeFavale et al (2016).…”

mentioning

confidence: 99%

Are Advocates General Political? An Empirical Analysis of the Voting Behavior of the Advocates General at the European Court of Justice

Frankenreiter

2018

Review of Law &Amp; Economics

View full text Add to dashboard Cite

The question whether political preferences of EU Member States play a role in the decision-making of the members of the European Court of Justice (ECJ) has so far gone largely unanswered in the literature. This paper formally tests the hypothesis that the political preferences of Member State governments are reflected in the decisions of the Advocates General, who are judge-like members of the ECJ. The empirical analysis is motivated by a novel model of the interaction between the Advocate General and the judicial panel. Based on this model, the paper develops a formal test to answer whether there is a relationship between the policy preferences of EU Member State governments with regard to European integration and the decision behavior of Advocates General appointed by these governments. It then tests this hypothesis using a newly assembled dataset combining information on agreements and disagreements between the opinions issued by the Advocates General and the ensuing judgments of the ECJ in preliminary ruling proceedings with information on political preferences of Member State governments obtained from party manifesto data. The results of this test suggest that the votes of Advocates General reflect the political preferences of the appointing governmentsvis-à-visEuropean integration.

show abstract

Is there an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice

Cited by 36 publications

References 0 publications

The Politics of Citations at the ECJ—Policy Preferences of E.U. Member State Governments and the Citation Behavior of Judges at the European Court of Justice

The Politics of Citations at the ECJ—Policy Preferences of E.U. Member State Governments and the Citation Behavior of Judges at the European Court of Justice

A quantitative evaluation of judicial justice in civil cases with Chinese free trade zone enterprises as the plaintiff

Are Advocates General Political? An Empirical Analysis of the Voting Behavior of the Advocates General at the European Court of Justice

Contact Info

Product

Resources

About