Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU
| Autor: | Anna Krisztián, Mathias M. Siems, Nastazja Potocka-Sionek, Maria Fanou, Jaka Kukavica, Sabrina D’Andrea, Nikita Divissenko |
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| Rok vydání: | 2021 |
| Předmět: |
History
Polymers and Plastics Common law Private law Industrial and Manufacturing Engineering Empirical research Political science Political Science and International Relations Economics Ease of Access Business and International Management Current (fluid) Law Reciprocal Law and economics Volume (compression) |
| Zdroj: | Maastricht Journal of European and Comparative Law. 28:498-534 |
| ISSN: | 2399-5548 1023-263X |
| DOI: | 10.1177/1023263x211014693 |
| Popis: | Article first published online: July 7, 2021 Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations. Published version of EUI LAW WP 2021/04 |
| Databáze: | OpenAIRE |
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