The Sources of Public Support for European Courts: ECs as Last Resort for the Losers of Domestic Systems?

This paper examines the factors shaping public support for European Courts (ECs), specifically the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). It explores whether ECs are perceived as a last resort by individuals dissatisfied with domestic political and judicial systems. We focus on two key dimensions: 1) institutional satisfaction and 2) individuals’ position within the political and social system. Drawing on theories of trust in international courts and the role of ECs in addressing domestic failures, we hypothesize that distrust in national governments and courts enhances support for ECs. We investigate how dissatisfaction with domestic democracy and the rule of law influences trust in ECs and whether disadvantage groups in the political system perceive ECs as safeguards against domestic injustices. Using survey data conducted in Denmark, France, Poland, Spain, and the United Kingdom, we analyze cross-country differences in trust and legitimacy. Our findings highlight how ECs serve as vital institutions for groups marginalized or dissatisfied with domestic systems, offering insights into the broader implications for judicial governance and the future of liberal values in Europe.