Acceso usuarios
Marco Tabarelli
The paper analyses the consequences of European integration processes upon the judicial systems of the so‐called ‘parliamentary sovereignty regimes’, focusing on the British and Swedish judiciaries. The aim is to understand if the influences coming from European integration, favouring the expansion of domestic judicial power, have prevailed, or the traditional distrust of such countries in judicial power has prevented the empowerment of the domestic courts. The influences on the judicial systems are evaluated distinguishing judicial capacity, judicial attitudes and judicial independence. The paper argues that the political relevance of judges has strongly increased. However, while European integration has deeply transformed the formal means at disposal of judges, because of political and judicial culture the changes in actual judges' behaviour have been much more limited. Moreover, the paper highlights some unexpected ways in which European integration can affect the domestic political systems (eg favouring certain legislative reforms or legal principles).
