/ Publications / Mapping Europe's cosmopolitan legal order : a network analysis of the European Court of Human Rights, the Court of Justice of the European Union, and High National Courts
Article
Mapping Europe's cosmopolitan legal order : a network analysis of the European Court of Human Rights, the Court of Justice of the European Union, and High National Courts
09 November 2021
Authors: RENBERG, Kristen M.; TOLLEY, Michael C.
While some scholars, such as Stone Sweet and Ryan, describe Europe's multi-level system of courts as an emerging 'cosmopolitan legal order', few have attempted to study the case citations representing the defining features of the order, namely the interdependence of courts at each level, and the embeddedness of international law in national court decisions. We construct an original database of case citations based on judgments of the European Court of Human Rights (ECtHR), the Court of Justice of the European Union (CJEU), and high national courts made available by CODICES, and apply network analysis and text-as-data methods to assess the dynamic interactions among these courts. Our work makes several empirical contributions to the literature on the Europeanization of law and courts: that Europe's 'cosmopolitan legal order' operates more as an interconnected, heterarchical network and less like a hierarchical legal system; that the ECtHR's status today as the 'ultimate supranational arbiter of human rights in Europe' in the words of Kelemen is assured by the propensity of national courts to cite its case law; and that high national courts use their case citations strategically to signal to domestic and international audiences their commitment to the values of the 'cosmopolitan legal order'. After identifying the forces that give the network its unique shape, we discuss the implications of the governance architecture for the effective promotion of the values that inspired the legal order.
Access to metering and consumption data of final customers is crucial to support core market activities and emerging data-driven services in liberalised electricity markets. Directive (EU) 2019/944 mandates Member States [...]
This dataset contains five indicators that describe permit transfers in the EU emissions trading system. The indicators estimated are net entries, net free allowances, financial actors, compliance transfer ratio, and [...]
The international carbon market landscape contin ued to evolve rapidly in 2024, reflecting the grow ing urgency of addressing climate change and addressing it through cost-effective policy instru ments. Compliance [...]
Join our community
To meet, discuss and learn in the channel that suits you best.
We use cookies to help personalise content and provide a better experience. By clicking Accept all, you agree to this, as outlined in our Cookie Policy. To change preferences or withdraw consent, please update your Cookie Preferences.