Supranational Actors as Drivers of Formalization

Abstract

AbstractThis Article describes and analyzes the role that various supranational actors from the European level play in the rise of formalization in the European states of the legal framework surrounding their judiciary. It starts from the observation that those supranational actors act as a driving force towards increased formalization via a variety of recommendations, reports, or decisions. It first provides several concrete examples of where the supranational actors act as such a driving force towards more formalization. In a second step, the Article looks more generally at how the various supranational actors think about informality surrounding the judiciary and tries to discern the rationales that underlie their position. In a third step, it assesses the various advantages and disadvantages of the rise in formalization that is propagated by the supranational actors. In doing so, the Article shows how the topic of informal judicial rules and practices cannot be understood fully without having due regard to the supranational level and contributes to the literature on the relationship between formal and informal institutions.