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56 Eur. J.L. & Econ. 1 (2023)

handle is hein.journals/eurjlwec56 and id is 1 raw text is: European Journal of Law and Economics (2023) 56:1-21 https:Ildoi.org/l 0.1007/s10657-023-09776-7 Punishing terrorists in the Spanish Supreme Court: has ideology played any role? Nuno Garoupa .Fernando G6mez Pomar2 - Adrian Segura2 - Sheila Canudas2 Accepted: 3 July 2023 / Published online: 18 July 2023 © The Author(s), under exclusive licence to Springer Science+Business Media, LLC, part of Springer Nature 2023 Abstract Traditionally, the conventional views in legal and comparative literature portray civil-law judiciaries as legalistic bureaucracies insulated from political preferences. We investigate decisions on appeal for terrorist actions at the Spanish Supreme Court in the period 2000-2021. Our findings show that ideology (proxied by con- servative/progressive affiliation of judges) is a predictor of prodefendant outcomes. Specifically, the results detect a pattern of behavior mediated by panel composition: a more conservative panel is less likely to be prodefendant than a more progressive panel in adjudicating terrorism criminal appeals. These findings confirm previous empirical studies about decisions by the Spanish Supreme Court in other areas of law and provide additional evidence to raise doubts about the conventional litera- ture's account of civil-law judiciaries. Keywords Judicial behavior - Empirical legal studies - Anti-terrorism law - Spanish Supreme Court - Justice rapporteur - Judicial panels - Ideology JEL Classification KO We are grateful to two anonymous referees, Adam Chilton, Rok Spruk, AEDE 2022 (Oviedo), EALE 2022 (Lisbon), and LAWLE 2022 (Bogota) conference participants for insightful suggestions. Karyn R. Christensen and Madeline Conn provided excellent research assistance. The usual disclaimer applies. E Nuno Garoupa ngaroup@gmu.edu Fernando G6mez Pomar fernando.gomez@upf.edu Adrian Segura adrian.segura@upf.edu Sheila Canudas sheila.canudasO1 @estudiant.upf.edu George Mason University Antonin Scalia Law School, Arlington, USA 2 Universitat Pompeu Fabra, Barcelona, Spain 1 Springer

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