Are European Court of Justice judges biased towards their member states?

The Court of Justice of the European Union’s rulings significantly influence the European Union’s single market, the trajectory of European integration, and the efficacy of the rule of law in Europe. However, due to the Court of Justice’s practice of delivering decisions per curiam without publicly available votes, the impact of individual judges’ biases on case outcomes remains largely unknown. This article explores whether the Court of Justice’s judges are biased towards their appointing member states. I provide evidence across multiple datasets that when a judge receives an observation ( amici curiae brief) from their appointing member state, the judge’s panel is more likely to rule in favor of the member state’s position. This result holds irrespective of whether a judge is serving as the rapporteur (judgment-writer).

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Publication Details

Journal
European Union Politics
Published
2025-02-26
DOI
https://doi.org/10.1177/14651165251320841
Citations
2
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
17.04
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article

Are European Court of Justice judges biased towards their member states?

Sivaram Cheruvu
2 citations
European Union Politics
European and International Law Studies
17.04
article

Are European Court of Justice judges biased towards their member states?

Sivaram Cheruvu
article en
2 citations

Abstract

The Court of Justice of the European Union’s rulings significantly influence the European Union’s single market, the trajectory of European integration, and the efficacy of the rule of law in Europe. However, due to the Court of Justice’s practice of delivering decisions per curiam without publicly available votes, the impact of individual judges’ biases on case outcomes remains largely unknown. This article explores whether the Court of Justice’s judges are biased towards their appointing member states. I provide evidence across multiple datasets that when a judge receives an observation ( amici curiae brief) from their appointing member state, the judge’s panel is more likely to rule in favor of the member state’s position. This result holds irrespective of whether a judge is serving as the rapporteur (judgment-writer).

European Union PoliticsVol. 26(2)
The University of Texas at Dallas (US)
Openalex Percentile: Top 2%
European and International Law Studies
17.04
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