Does the power of international courts strengthen or threaten national judicial systems? Examining how EU member states navigate tensions between domestic rule of law and ECJ rulings.
Introduction: This article explores whether European Union law influences domestic constitutional review through the lens of separation-of-powers politics.
Data & Methods: Using comparative analysis across fifteen EU nations, we track legislative responses to landmark judgments from the European Court of Justice over two decades.
Key Findings: National parliaments increasingly reject ECJ interpretations despite legal obligation—Spain stands out as an exception due to its institutional design.
Why It Matters: This nuanced finding suggests domestic political contexts shape compliance with international judicial decisions, challenging assumptions about court effectiveness and sovereignty dynamics.
| Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice was authored by Jay Krehbiel and Sivaram Cheruvu. It was published by Chicago in JOP in 2022. |
