The European Court of Justice (ECJ) is a very powerful court compared to other international courts and even national courts of last resort. Observers almost unanimously agree that it is the preliminary references procedure that made the ECJ the powerful court it is today. In this paper, we...

The Treaty of Lisbon is analyzed as the constitution of the European Union drawing on the tools of constitutional economics. It is shown that (i) the increased number of policy areas to which the newly created ordinary legislation procedure will be applied is likely to lead to more legislation....

Rational politicians are interested in judicial independence (JI) in order to make their promises credible. But if politicians preferences deviate from the dicta of the judiciary, they also have incentives to renege on judicial independence. These two conflicting aspects are measured by two...

It is argued that an independent judiciary is a necessary condition for both individual liberty and economic prosperity. After having surveyed the literature dealing with how to arrange for an independent judiciary, the authors derive some additional policy implications by drawing on two...