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Special Issue: The Multi-level Politics of Countering Democratic Backsliding. Guest Editors: Michael Blauberger, Daniel Naurin, Ulrich Sedelmeier and Natasha Wunsch

Follow the leader: the European Commission, the European Court of Justice, and the EU's rule of law revolution

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Received 30 Nov 2023, Accepted 24 Mar 2024, Published online: 12 Apr 2024

Figures & data

Figure 1. Pathways of agenda-setting and ROL innovation at the ECJ.

Figure 1. Pathways of agenda-setting and ROL innovation at the ECJ.

Figure 2. The exponential rise of ROL cases at the ECJ since 2010.

Figure 2. The exponential rise of ROL cases at the ECJ since 2010.

Figure 3. Yearly ROL cases lodged at the ECJ, by procedure type.

Figure 3. Yearly ROL cases lodged at the ECJ, by procedure type.

Figure 4. The teleological development of the Court's ROL innovations..

Note: LB = new legal basis, LP = new legal principle, EN = first enforcement of new LB or LP

Figure 4. The teleological development of the Court's ROL innovations..Note: LB = new legal basis, LP = new legal principle, EN = first enforcement of new LB or LP

Figure 5. Yearly sum of innovative Commission proposals filed before the ECJ.

Figure 5. Yearly sum of innovative Commission proposals filed before the ECJ.

Table 1. Establishing new ROL legal bases.

Table 2. Establishing new ROL principles.

Table 3. Making judicial innovations bite for the first time.

Figure 6. Timeline of ECJ ROL innovations (black; n = 29) and when they were preceded by Commission proposals (grey; n = 15).

Figure 6. Timeline of ECJ ROL innovations (black; n = 29) and when they were preceded by Commission proposals (grey; n = 15).
Supplemental material

Supplemental Material

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Data availability statement

Replication data and code for this article can be found https://doi.org/10.1080/13501763.2024.2336125.