Do Governments Sway European Court of Justice Decision-making?: Evidence from Government Court Briefs

The European Court of Justice (ECJ) is commonly described as a powerful international force for legal integration. Indeed, past studies indicate that the ECJ has developed a supranational legal order that trumps national law in a broad range of economic policy areas. But this depiction of an autonomous Court driving European integration beyond the desires of the member-states is dubious. We would expect the Court, whose existence depends on an international treaty and whose authority depends on national enforcement, to have strong incentives to decide cases with an eye to concerns of national governments. We argue that past studies -- which were based on a small number of case studies -- cannot demonstrate whether the Court is or is not sensitive to member-state interests. Based on novel dataset of all ECJ decisions over three years, we develop an empirical test of member-state influence on ECJ decisions and demonstrate that the Court does temper its decisions to accommodate member-state concerns.

National Party Politics and Supranational Politics in the European Union: New Evidence from the European Parliament

Political parties play an important role in structuring political competition at different levels of governance in the European Union (EU). The political parties that contest national elections also participate in the EU legislative institutions, with the governing parties at the national level participating in the Council of Ministers and a broad range of national parties represented in the European Parliament (EP). Recent research indicates that national parties in the EP have formed ideological coalitions -- party groups -- that represent transnational political interests. These party groups appear to manage legislative behavior such that national interests -- which dominate the Council of Ministers -- are subjugated to ideological conflict. In this paper, we demonstrate that the roll-call vote evidence for the impact of party groups in the EP is misleading. Because party groups have incentives to select votes for roll call so as to hide or feature particular voting patterns, the true character of political conflict is never revealed in roll calls.

Roll-Call Vote Selection: Implications for the Study of Legislative Politics

Roll-call votes provide scholars with the opportunity to measure many quantities of interest. However, the usefulness of the roll-call sample depends on the population it is intended to represent. After laying out why understanding the sample properties of the roll-call record is important, we catalogue voting procedures for 145 legislative chambers, finding that roll calls are typically discretionary. We then consider two arguments for discounting the potential problem: (a) roll calls are ubiquitous, especially where the threshold for invoking them is low or (b) the strategic incentives behind requests are sufficiently benign so as to generate representative samples. We address the first defense with novel empirical evidence regarding roll-call prevalence and the second with an original formal model of the position-taking argument for roll-call vote requests. Both our empirical and theoretical results confirm that inattention to vote method selection should broadly be considered an issue for the study of legislative behavior

The behaviour of political parties and MPs in the parliaments of the Weimar Republic

Copyright @ 2012 The Authors. This is the author's accepted manuscript. The final published article is available from the link below.Analysing the roll-call votes of the MPs of the Weimar Republic we find: (1) that party competition in the Weimar parliaments can be structured along two dimensions: an economic left–right and a pro-/anti-democratic. Remarkably, this is stable throughout the entire lifespan of the Republic and not just in the later years and despite the varying content of votes across the lifespan of the Republic, and (2) that nearly all parties were troubled by intra-party divisions, though, in particular, the national socialists and communists became homogeneous in the final years of the Republic.Zukunftskolleg, University of Konstan

A Second Look at Legislative Behavior in the European Parliament. Roll-Call Votes and the Party System. IHS Political Science Series: 2004, No. 94

A great deal of recent research on voting behavior in the European Parliament (EP) concludes that party groups dominate legislative behavior, effectively organizing political competition along ideological rather than national lines. As a result, some argue that the EP is a suitable arena for transnational political contestation. We re-examine several empirical findings used to support these conclusions. Based on an analysis of a novel set of data regarding EP votes that are unrecorded, we argue that the empirical basis for these conclusions is dubious. The fundamental finding is that roll call votes, which form the basis of studies of legislative voting behavior, are a biased sample of legislative votes. This calls into question the accuracy of any description of party unity or the character of party competition on legislation that is gleaned from roll call votes in the EP. In addition, our findings indicate that party groups hide the vast majority of legislative votes from the eyes of voters, therefore obfuscating legislative behavior. Thus, while the EP is often identified as a source of democratic accountability for EU policy-making because its members are directly elected, our findings suggest that in practice party groups significantly obstruct this channel of popular control over policy-making

Legal Integration and Use of the Preliminary Ruling Process in the European Union

Scholars agree that the preliminary ruling system of the European Court of Justice has been instrumental in promoting European integration; however, no consensus has been reached as to why the system is used. Although many explanations have been posited, there has been no systematic comparative test among them to date. In this article, we perform this test. We find evidence that transnational economic activity, public support for integration, monist or dualist tradition, judicial review, and the public s political awareness influence use of the preliminary ruling system.We would like to acknowledge Matthew Gabel, Eric Reinhardt, Georg Vanberg, and Christopher Zorn for helpful comments. We would also like to acknowledge the support of NSF grant 0079084.

Information, Commitment, and War

The authors analyze a bargaining model of war that incorporates both commitment problems due to shifting power and asymmetric information. Four results emerge when both bargaining problems are present. First, in contrast to asymmetric information models, the resolution of uncertainty through fighting can lead to the continuation of war rather than its termination. Second, wars can be less—not more—likely to end in settlement the longer they last. Third, war aims increase over time as a belligerent becomes more confident that its opponent will grow unacceptably strong in the future. Finally, the dynamics that characterize wars in purely asymmetric information or commitment models should exist only when the other factor is absent.bargaining, war, war termination