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Observing the European Court of Justice. A large-scale analysis of EU governments’ observations in preliminary ruling cases 1997-2008

den 4 maj 2012, kl. 13:00

In this seminar the project team will present first preliminary findings from their project on Member States–ECJ relations, financed by the Bank of Sweden Tercentenary Foundation. They contribute with new and more valid data, compared to previous empirical analyses, on the much-debated question of EU Member States’ powers over the ECJ.

The data is based on archives in the Swedish Foreign Ministry, containing previously unavailable information on member states positions on all legal issues in all preliminary ruling cases handled by the ECJ from 1997 to 2008 (ca 3700 in total). In the seminar the project team will show some regression analyses that test the relationship between governments’ positions and ECJ decisions. They will also present descriptive data that pertains to questions like: Are some Member States more successful before the ECJ than others? Are the Member States’ observations mainly aimed at moderating the influence of European law over national law, and in which case are they most often successful? Are there any recurrent patterns in the alliances of the submitters of observations, and can such patterns be given any substantive interpretation? How can the decision to submit (or refrain from submitting) a written observation be explained? How has the use of written observations to influence the Court developed over time, and what effects of the recurrent deepening and widening of the EU are discernible?

Talare: Speakers: Daniel Naurin, Per Cramér, Olof Larsson, Andreas Moberg

Commentator: Anna Falk

Plats: Moot court room (Rättegångssalen) 4th floor, C-house, Stockholm University, 13.00-15.30

Detta seminarium ägde rum den den 4 maj 2012