Journal of Law and Courts· 2026Q1
Do Legislative Agenda-Setters Constrain Judicial Decision-Making? Evidence from the European Union
- 0citations
- Q1SCImago
- 2026year
Short summary
The Court of Justice of the European Union strategically delays decisions when the member state holding the Council Presidency expresses interest in the case's outcome, indicating legislative agenda-setters can constrain judicial review.
AI-generated from the title and abstract; the full text is not read.
Key points
- Legislative agenda-setters can strategically influence judicial decision-making.
- The EU Court of Justice delays rulings when the Council Presidency member state shows interest in a case.
- This effect is linked to the agenda-setting power of the Presidency.
- The introduction of the Trio Presidency in 2007 eliminated this strategic delay.
AI-generated from the title and abstract; the full text is not read.
Abstract
Abstract Judicial review allows courts to serve as a powerful check on policymakers. Nonetheless, courts face the possibility of the legislature overriding unwanted decisions when adjudicating cases in which legislators have an interest. I argue that this threat heightens when courts’ decisions affect legislative agenda-setters that can prioritize bills favoring override, prompting courts to act strategically in response. Leveraging exogenous variation in agenda-setting power from the six-month rotating terms of the Presidency of the Council of the European Union, I provide evidence that the Court of Justice of the European Union strategically delays deciding a case when the member state holding the Presidency expresses interest in the case’s outcome. A difference-in-differences design demonstrates that this effect disappears with the introduction of the Trio Presidency in 2007, which reduced each individual Presidency’s agenda-setting power.
The authors' abstract, as published at the source. Journal of Law and Courts, 2026 · DOI ↗
Continue with a free account
Ask the paper: 3 free questions a day about this paper; save it, get its citation, new summaries every day for your field. Takeaways are Premium.
Continue free on the webSign in with Google or Apple; no card needed. You come back to this paper.
On your phone:
Field: Law
LawSocial Sciences