Pub Date : 2020-12-30DOI: 10.3935/cyelp.16.2020.366
Monika Glavina
This paper explores factors that either motivate or constrain national judges’ participation in the preliminary ruling procedure. By incorporating insights and evidence from American judicial politics literature and drawing from three models of judicial decision making: the attitudinal model, the team model, and the resource management model, it places the study of judicial behaviour with respect to the preliminary ruling procedure on more rigorous theoretical grounds. The paper is based on survey results conducted among 415 national judges from two new EU Member States: Slovenia and Croatia. In line with the theoretical predictions, the results show that the decision to make a referral to the CJEU is determined by several individual- and court-level factors. These are the position that a court occupies in a national judicial hierarchy, the judicial workload and availability of resources, and judges’ knowledge and experiences with respect to EU law and Article 267 TFEU proceedings. Keywords: CJEU, preliminary ruling procedure, judicial behaviour, team model. This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. Suggested citation: M Glavina, ‘To Refer or Not to Refer, that is the (Preliminary) Question: Exploring Factors which Influence the Participation of National Judges in the Preliminary Ruling Procedure’ (forthcoming in 2020) 16 CYELP.
{"title":"To Refer or Not to Refer, That Is the (Preliminary) Question: Exploring Factors Which Influence the Participation of National Judges in the Preliminary Ruling Procedure","authors":"Monika Glavina","doi":"10.3935/cyelp.16.2020.366","DOIUrl":"https://doi.org/10.3935/cyelp.16.2020.366","url":null,"abstract":"This paper explores factors that either motivate or constrain national judges’ participation in the preliminary ruling procedure. By incorporating insights and evidence from American judicial politics literature and drawing from three models of judicial decision making: the attitudinal model, the team model, and the resource management model, it places the study of judicial behaviour with respect to the preliminary ruling procedure on more rigorous theoretical grounds. The paper is based on survey results conducted among 415 national judges from two new EU Member States: Slovenia and Croatia. In line with the theoretical predictions, the results show that the decision to make a referral to the CJEU is determined by several individual- and court-level factors. These are the position that a court occupies in a national judicial hierarchy, the judicial workload and availability of resources, and judges’ knowledge and experiences with respect to EU law and Article 267 TFEU proceedings. \u0000Keywords: CJEU, preliminary ruling procedure, judicial behaviour, team model. \u0000 \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000 \u0000Suggested citation: M Glavina, ‘To Refer or Not to Refer, that is the (Preliminary) Question: Exploring Factors which Influence the Participation of National Judges in the Preliminary Ruling Procedure’ (forthcoming in 2020) 16 CYELP.","PeriodicalId":501177,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"38 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138510507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-30DOI: 10.3935/cyelp.16.2020.379
Filip Bjelinski,Karla Žeravčić
Over the course of twenty years, the practice of the temporary posting of workers from one Member State to another where the said workers do not integrate into the host country’s labour market has become a widely discussed topic in the European Union that creates a split between its Member States. The paper considers the issue of posted workers within the EU, approaching it from the perspective of law, as well as politics. Through critical analysis of EU case law and legal documents, the authors identify an issue that goes well beyond the divide between ‘old’ and ‘new’ Member States, given that within each country there are different beliefs about the appropriate level of state (or EU) intervention in the market regarding the posting of workers. In order to prove this hypothesis, the authors use Croatia as a case study, where interviews were conducted with Croatia’s most prominent opposing poles regarding this issue. Finally, the authors give a final evaluation of the issue at hand and underline the timeless conflict between workers’ rights and business competitiveness. Keywords: posted workers, European Union, EU single market, workers’ rights, yellow card procedure. This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. Suggested citation: F Bjelinski and K Žeravcic, ‘Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives’ (2020) 16 CYELP 95.
{"title":"Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives","authors":"Filip Bjelinski,Karla Žeravčić","doi":"10.3935/cyelp.16.2020.379","DOIUrl":"https://doi.org/10.3935/cyelp.16.2020.379","url":null,"abstract":"Over the course of twenty years, the practice of the temporary posting of workers from one Member State to another where the said workers do not integrate into the host country’s labour market has become a widely discussed topic in the European Union that creates a split between its Member States. The paper considers the issue of posted workers within the EU, approaching it from the perspective of law, as well as politics. Through critical analysis of EU case law and legal documents, the authors identify an issue that goes well beyond the divide between ‘old’ and ‘new’ Member States, given that within each country there are different beliefs about the appropriate level of state (or EU) intervention in the market regarding the posting of workers. In order to prove this hypothesis, the authors use Croatia as a case study, where interviews were conducted with Croatia’s most prominent opposing poles regarding this issue. Finally, the authors give a final evaluation of the issue at hand and underline the timeless conflict between workers’ rights and business competitiveness. \u0000Keywords: posted workers, European Union, EU single market, workers’ rights, yellow card procedure. \u0000 \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000 \u0000Suggested citation: F Bjelinski and K Žeravcic, ‘Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives’ (2020) 16 CYELP 95.","PeriodicalId":501177,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"40 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138510506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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