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Case Selection in the Preliminary Ruling Procedure

Authors: Arthur Dyevre; Monika Glavina; Michal Ovadek;

Case Selection in the Preliminary Ruling Procedure

Abstract

We examine the emergence and evolution of docket control mechanisms in the preliminary ruling procedure. As documented by our quantitative analysis, reasoned orders have increased dramatically since the mid-1990s, with courts in Italy and Central and Eastern member states being the most frequent targets. We argue that the trajectory of the ECJ’s docket policy is an indirect manifestation of its ascendant position as Europe’s judicial powerhouse. Facing a rising caseload, the Court has sought to optimise the allocation of its resources by applying stricter admissibility criteria and by prioritising references raising novel legal issues. For domestic courts, this evolution means that references must satisfy higher standards of quality and originality, although the application of these standards is itself influenced by the size of the Court’s backlog at the time of submission.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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