The ‘National Decisions’ database (Dec.Nat): Introducing a database on national courts’ interactions with European Law

Hübner, Denise Carolin

doi:10.1177/1465116515613453

Cited by 11 publications

(9 citation statements)

References 28 publications

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“…Beyond this topic, scholars can also use the EvoEU data set to study how national courts apply EU law (Alter, 2000;Conant, 2002;Hu¨bner, 2016;Tallberg, 2002). Empirical studies on the role of national courts have focused on preliminary rulings (Carrubba and Murrah, 2005;Stone Sweet and Brunell, 1998), but national courts frequently apply EU law without referring questions to the CJEU.…”

Section: Theoretical Questionsmentioning

confidence: 99%

“…Carrubba and Murrah, 2005;Stone Sweet and Brunell, 1998). Hu¨bner (2016) introduces a database on national court cases that refer to EU law, but researchers have to extract the records for individual cases to code variables. The EvoEU data set extracts much of this information from the original source material (now part of EUR-Lex), including citations and whether the national court referred a question for a preliminary ruling, and makes it directly accessible to researchers.…”

Section: Theoretical Questionsmentioning

confidence: 99%

“…The primary empirical challenge to studying big-picture questions about the development of EU law is a lack of comprehensive data on the network of EU legal instruments that scholars can use to establish stylized facts and test theory. Recently, there have been a number of important data-collection efforts related to EU law, but these efforts, while overlapping in some cases, are largely uncoordinated (Carrubba and Gabel, 2015; Derlén and Lindholm, 2014; Frankenreiter, 2018; Häge, 2011; Hübner, 2016; Larsson and Naurin, 2016). This article addresses this challenge by introducing the EvoEU data set.…”

mentioning

confidence: 99%

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The evolution of European Union law: A new data set on the Acquis Communautaire

Fjelstul

2019

European Union Politics

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The European Union legal system is one of the most complex and sophisticated in the world. This article models the Acquis Communautaire (i.e. the corpus of European Union law) as a network and introduces the Evolution of European Union Law data set, which tracks connections between European Union primary law, European Union secondary law, European Union case law, national case law that applies European Union law, and national law that implements European Union law. It is the largest, most comprehensive data set on European Union law to date. It covers the entire history of the European Union , contains over 365,000 documents, and records over 900,000 connections between them. Legislative and judicial scholars can use this data set to study legislative override of the Court of Justice of the European Union, the implementation of European Union law, and other important topics. As an illustration, I use the data set to provide empirical evidence consistent with legislative override.

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Section: Theoretical Questionsmentioning

confidence: 99%

Section: Theoretical Questionsmentioning

confidence: 99%

mentioning

confidence: 99%

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The evolution of European Union law: A new data set on the Acquis Communautaire

Fjelstul

2019

European Union Politics

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“…5 Despite acknowledging the ECJ as 'powerful' (Moravcsik, 1998, p. 67, also 3 I thank Carolin Hübner for providing these data. For Hübner's research on national court decisions on European law see, for example, Hübner (2016). 4 There were 535 disputes initiated through WTO dispute settlement (not all of which proceeded as far as a Panel adjudication) concerning the entirety of the WTO's membership of more than 100 states between 1995 and 2017 (See https://www.…”

Section: Moravcsik's Liberal Intergovernmentalism and The Europeanmentioning

confidence: 99%

European Legal Integration: Towards a More Liberal Intergovernmentalist Approach

Phelan

2018

J of Common Market Studies

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Moravcsik's The Choice for Europe puts forward a distinctive approach to explaining the ‘grand bargains’ by which the European states constructed European integration between the 1950s and 1990s. One notable exclusion from The Choice for Europe however is any detailed engagement with European legal integration, even though the creation of European law and the growing powers of the European Court of Justice must be among the most important European developments during these decades. Inspired by Moravcsik's scholarship, employing more common approaches to enforcement and escape in trade treaty systems as an explicit alternative outcome, and calling attention to the particular economic and social context of post‐war European trade, this article outlines a more ‘liberal intergovernmentalist’ approach to European legal integration during the first four decades of European integration, and proposes an agenda for future research.

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“…The significance of the preliminary reference procedure has led scholars to study the propensity of national courts to file requests for preliminary rulings from the CJEU (Golub ; Wind et al. ; Wind ; Hübner , ). However, despite the importance of the procedure, and the more recent questioning of its non‐political nature, there is to date little systematic research on when and why member state governments decide to submit written observations to the CJEU.…”

Section: Introductionmentioning

confidence: 99%

Friends of the Court? Why EU governments file observations before the Court of Justice

Dederke

Naurin

2017

European J Political Res

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The preliminary reference procedure under which the Court of Justice of the European Union (CJEU) responds to questions from national courts regarding the interpretation of EU law is a key mechanism in many accounts of the development of European integration and law. While the significance of the procedure has been broadly acknowledged, one aspect has been largely omitted: The opportunity for member state governments to submit their views (‘observations’) to the Court in ongoing cases. Previous research has shown that these observations matter for the Court's decisions, and thus that they are likely to have a significant impact on the course of European integration. Still, little is known about when and why member states decide to engage in the preliminary reference procedure by submitting observations. This article shows that there is significant variation, both between cases and between member states, in the number of observations filed. A theoretical argument is developed to explain this variation. Most importantly, a distinction is made between legal and political reasons for governments to get involved in the preliminary reference cases, and it is argued that both types of factors should be relevant. By matching empirical data from inter‐governmental negotiations on legislative acts in the Council of the EU with member states’ subsequent participation in the Court procedures, a research design is developed to test these arguments. It is found that the decision to submit observations can be tied both to concerns with the doctrinal development of EU law and to more immediate political preferences. The conclusion is that the legal (the CJEU) and political (the Council) arenas of the EU system are more interconnected than some of the previous literature would lead us to believe.

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The ‘National Decisions’ database (Dec.Nat): Introducing a database on national courts’ interactions with European Law

Cited by 11 publications

References 28 publications

The evolution of European Union law: A new data set on the Acquis Communautaire

The evolution of European Union law: A new data set on the Acquis Communautaire

European Legal Integration: Towards a More Liberal Intergovernmentalist Approach

Friends of the Court? Why EU governments file observations before the Court of Justice

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