Precedent in the Sui Generis Legal Order: A Mine Run Approach
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Precedent in the Sui Generis Legal Order: A Mine Run Approach. / Sadl, Urska; Hink, Sigrid.
In: European Law Journal, Vol. 20, No. 4, 2014, p. 544-567.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Precedent in the Sui Generis Legal Order: A Mine Run Approach
AU - Sadl, Urska
AU - Hink, Sigrid
PY - 2014
Y1 - 2014
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
VL - 20
SP - 544
EP - 567
JO - European Law Journal
JF - European Law Journal
SN - 1351-5993
IS - 4
ER -
ID: 132595041