Precedent in the Sui Generis Legal Order: A Mine Run Approach

TY - JOUR

T1 - Precedent in the Sui Generis Legal Order: A Mine Run Approach

AU - Sadl, Urska

AU - Hink, Sigrid

PY - 2014/7

Y1 - 2014/7

N2 - In this article, we use case-to-case citation networks to explore the force of precedent in EU law. We introduce a novel methodology to analyse the extent to which references to past decisions act as reasons for decisions in subsequent cases and illustrate the approach on the European citizenship case-law citation network. We conclude that the cohesive pull of precedent in EU citizenship case-law is too weak to generate a coherent judicial doctrine, thereby confirming qualitative research on the subject. However, the incursions into competences of the Member States in areas, found only tangential to EU citizenship, form a more consistent underlying story.

AB - In this article, we use case-to-case citation networks to explore the force of precedent in EU law. We introduce a novel methodology to analyse the extent to which references to past decisions act as reasons for decisions in subsequent cases and illustrate the approach on the European citizenship case-law citation network. We conclude that the cohesive pull of precedent in EU citizenship case-law is too weak to generate a coherent judicial doctrine, thereby confirming qualitative research on the subject. However, the incursions into competences of the Member States in areas, found only tangential to EU citizenship, form a more consistent underlying story.

U2 - 10.1111/eulj.12075

DO - 10.1111/eulj.12075

M3 - Journal article

SN - 1351-5993

VL - 20

SP - 544

EP - 567

JO - European Law Journal

JF - European Law Journal

IS - 4

ER -