Precedent in the Sui Generis Legal Order: A Mine Run Approach

Abstract
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.

ESO: Background information: Press Release: Judgment of the Court of Justice in Case C-184/99. Rudy Grzelczyk v Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve. Students residing in a Member State other than their own are entitled to receive a minimum subsistence allowance on the same conditions as nationals of the host State http://www.europeansources.info/record/press-release-judgment-of-the-court-of-justice-in-case-c-184-99-rudy-grzelczyk-v-centre-public-daide-sociale-dottignies-louvain-la-neuve-students-residing-in-a-member-state-other-than-their-own-a/

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