Open Law: Technology in Service of the Rule of Law

Glassmeyer, Sarah; Smith, Peter F.

doi:10.1017/s1472669614000425

Cited by 2 publications

(1 citation statement)

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“…Instead, it is a matter intertwined with judicial transparency and thus, ultimately, with legal certainty and the promotion of the rule of law. 145 The transparency of judgments also relates to judicial independence. This has become a thorny issue in the EU, 146 as lack of such transparency can make it impossible to identify government interference in the judiciary.…”

Section: Transparency and Ease Of Access To Supreme Court Decisionsmentioning

confidence: 99%

Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU

D’Andrea

Divissenko

Fanou

et al. 2021

Maastricht Journal of European and Comparative Law

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Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.

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Section: Transparency and Ease Of Access To Supreme Court Decisionsmentioning

confidence: 99%