A lot has been written on the recent German Constitutional Court ruling on the PSPP. Does the bomb that the German Court dropped on the EU legal order last week, represent a shift in judicial ideology or in German attitudes towards EU membership or rather a breakdown in judicial dialogue? Prof. Dr. Arthur Dyevre explains.
It has long been believed that judges at the lower echelons of the judiciary are the drivers of legal integration in the EU. Yet, Arthur Dyevre and Monika Glavina demonstrate in this blogpost that this is not what the data says, drawing on a new study by Arthur Dyevre, Monika Glavina and Angelina Atanasova. Their analysis of the entirety of preliminary references submitted by domestic courts from 1961 to 2017 demonstrates that although first instance courts did pioneer the preliminary ruling procedure in the early years of European legal integration, they have been overtaken by peak courts, which now dominate the formal interlocutory procedure. In fact, a relatively small club of apex courts accounts for the lion’s share of references submitted to the European Court of Justice.Continue reading “Which courts are driving legal integration in the EU?”