National Courts and the European Court of Justice: A Public Choice Analysis of the Preliminary Reference Procedure

Posted: 24 Oct 2002

See all articles by George Tridimas

George Tridimas

Ulster University at Jordanstown - School of Policy Studies

P. Takis Tridimas

Queen Mary University of London, School of Law; King's College London - The Dickson Poon School of Law; The Pennsylvania State University (University Park) – Penn State Law

Abstract

The paper analyses the growth of references for preliminary rulings of the European Court of Justice as the equilibrium outcome of the optimising behaviour of litigants, who demand preliminary rulings, national courts, which are the gatekeepers of the process, and the European Court of Justice, which supplies the rulings. The observed pattern is attributed to economic and political factors, including intra-EC trade, the absence of a service charge in using the preliminary references system, the terms by which private litigants access the national courts, and the empowerment of national judges against their own national authorities brought about by the mechanism.

Suggested Citation

Tridimas, George and Tridimas, P. Takis, National Courts and the European Court of Justice: A Public Choice Analysis of the Preliminary Reference Procedure. Available at SSRN: https://ssrn.com/abstract=320784

George Tridimas (Contact Author)

Ulster University at Jordanstown - School of Policy Studies ( email )

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P. Takis Tridimas

Queen Mary University of London, School of Law ( email )

United Kingdom

King's College London - The Dickson Poon School of Law ( email )

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London, WC2R 2LS
United Kingdom

The Pennsylvania State University (University Park) – Penn State Law ( email )

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United States

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