Finding Law: Organized Interests and the Confinement of Executive Primacy

29 October 2026, Version 2
This content is an early or alternative research output and has not been peer-reviewed at the time of posting.

Abstract

Filing written briefs before apex courts is a key channel through which federal executives, subnational governments, and private actors shape legal rules. Existing theory predicts that federal executives should dominate rulemaking because their legal offices are the preeminent repeat player for rules-yet no quantitative study has tested this claim. Using newly available full-text observations submitted to the European Court of Justice between 2022 and 2025, I measure whose proposal is semantically closest to the Court's operative part. Contrary to expectations, the Commission is closer to the Court's rule than member states only in slightly more than half of cases, while private actors are closest in nearly one-third; each additional member state brief reduces the Commission's advantage. These findings show that repeat-player status does not guarantee interpretive primacy, leaving executive influence over rulemaking competitively constrained.

Keywords

sentence embeddings
amici curiae
EU Commission
European Court of Justice
opinion content

Supplementary materials

Title
Description
Actions
Title
Online Appendix
Description
Supplementary Information (SI) for “Finding Law: Organized Interests and the Confinement of Executive Primacy”
Actions

Comments

Comments are not moderated before they are posted, but they can be removed by the site moderators if they are found to be in contravention of our Commenting Policy [opens in a new tab] - please read this policy before you post. Comments should be used for scholarly discussion of the content in question. You can find more information about how to use the commenting feature here [opens in a new tab] .
This site is protected by reCAPTCHA and the Google Privacy Policy [opens in a new tab] and Terms of Service [opens in a new tab] apply.