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PAVONE, TOMMASO
(2)
answer(s).
Srl
Item
1
ID:
161962
Political Geography of Legal Integration: Visualizing Institutional Change in the European Union
/ Kelemen, R Daniel; Pavone, Tommaso
Kelemen, R Daniel
Journal Article
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Summary/Abstract
How are processes of political development structured across space and time by preexisting institutions? This article develops a spatiotemporal theory of institutional change by analyzing the evolving infrastructural power of the European Union's legal order using geospatial methods. Specifically, the authors theorize that the pattern and pace of the domestic spread of EU law has been shaped by preexisting state institutions—particularly by the degree to which national judiciaries are hierarchically organized. To assess this claim, the article compares patterns of domestic judicial enforcement of EU law across France (a unitary state with a centralized judiciary), Italy (a weaker unitary state with a centralized judiciary), and Germany (a federal state with a decentralized judiciary). Developing a geospatial approach to the study of legal integration and historical institutionalism more broadly, the authors leverage an original geocoded data set of cases referred to the European Court of Justice by national courts to visualize how the subnational penetration of Europe's supranational legal order is conditioned by state institutions.
Key Words
European Union
;
Political Geography
;
Legal Integration
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2
ID:
184308
Shadow Effect of Courts: Judicial Review and the Politics of Preemptive Reform
/ Pavone, Tommaso ; Stiansen, Øyvind
Pavone, Tommaso
Journal Article
0 Rating(s) & 0 Review(s)
Summary/Abstract
We challenge the prevalent claim that courts can only influence policy by adjudicating disputes. Instead, we theorize the shadow effect of courts: policy makers preemptively altering policies in anticipation of possible judicial review. While American studies imply that preemptive reforms hinge on litigious interest groups pressuring policy makers who support judicial review, we advance a comparative theory that flips these presumptions. In less litigious and more hostile political contexts, policy makers may instead weaponize preemptive reforms to preclude bureaucratic conflicts from triggering judicial oversight and starve courts of the cases they need to build their authority. By allowing some preemptive judicial influence to resist direct judicial interference, recalcitrant policy makers demonstrate that shadow effects are not an unqualified good for courts. We illustrate our theory by tracing how a major welfare reform in Norway was triggered by a conflict within its Ministry of Labor and a government resistance campaign targeting a little-known international court.
Key Words
Judicial review
;
Shadow Effect of Courts
;
Politics of Preemptive Reform
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