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these two effects can explain why judicial reforms that should be conducive to an independent judiciary may seem to have …
Persistent link: https://www.econbiz.de/10011668289
Recent years have seen a growing literature on cross-citations (i.e. citations between courts from different countries). What explains why such cross-citations occur between some courts but not others? This paper addresses this question with original data on 2,967 citations between the...
Persistent link: https://www.econbiz.de/10014237432
Should courts consider cases from other jurisdictions? The use of foreign law precedent has sparked considerable debate in the United States, and this question is also controversially discussed in Europe. In this paper and within the larger research project from which it has developed, we study...
Persistent link: https://www.econbiz.de/10014188530
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The global trend has been toward the judicialization of social, economic and political issues. Civil law countries, newly established democracies and even authoritarian regimes have now adopted various forms of constitutional review that greatly expand the policy-making capacity of judges. In...
Persistent link: https://www.econbiz.de/10014214872
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Persistent link: https://www.econbiz.de/10000404266
This article contributes to a more comprehensive understanding of the role of the Advocate General in the makeup of the Court of Justice of the European Union. The article measures the influence of the Advocate General on the judgments of the Court of Justice through an econometric study using a...
Persistent link: https://www.econbiz.de/10014130433
Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...
Persistent link: https://www.econbiz.de/10013113133
The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308