The European Parliament before the bench: ECJ precedent and EP litigation strategies

Abstract

Abstract The influence of the European Court of Justice and its jurisprudence on European integration is well established. A closer look at this process reveals the extent to which its precedents exert influence on EU actors' decision-making in ways that parallel the effects of informal institutions. The dynamics of legal decision- making, therefore, provide some useful insights into how it is that informal institutions may shape behaviour similarly. This paper explores the impact, on intergovernmental actors, of a quite pro-integrative ECJ jurisprudence in cases concerning the European Parliament and shows how, over time, even decisions that they oppose come to influence their decision-making and conduct in inter-organizational conflicts. Keywords: European Court of JusticeEuropean Parliamentinformal institutionsprecedent