2-Stage Europeanisation and Constitutional Courts in Germany, Austria and Italy

Nicola Ch. Corkin


This paper argues that a 2-Stage Process of Europeanisation can be found in Germany’s, Austria’s, and Italy’s constitutional courts. The first stage can be analysed with conventional rational choice based Europeanisation theories but these theories fall short in providing insight into the second stage. In this stage courts change their self-perception and role-perception leading to a change in their logic of appropriateness in their decision-making. Therefore, an approach synthesising aspects of sociological institutional, organisational theory and learning theories are best suited to account for this second stage. Data, both statistical and content analysis, taken from the constitutional court jurisdictions in Germany, Austria and Italy between 1980-2012 are then tested against this 2-stage approach.

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DOI: https://doi.org/10.5539/jpl.v6n4p46

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