
Contents
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1. Introduction 1. Introduction
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2. The Concept of Legitimacy: As Elusive as an Eel 2. The Concept of Legitimacy: As Elusive as an Eel
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3. Horizontal Spillovers Between the CJEU and the ECtHR 3. Horizontal Spillovers Between the CJEU and the ECtHR
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3.1. The 255 Panel and the Advisory Panel 3.1. The 255 Panel and the Advisory Panel
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3.2. Toward soft quotas for sex equality on the CJEU’s bench? 3.2. Toward soft quotas for sex equality on the CJEU’s bench?
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4. Vertical Spillovers 4. Vertical Spillovers
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4.1. The national counterparts of the European judicial advisory panels 4.1. The national counterparts of the European judicial advisory panels
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4.2. Setting judicial selection criteria 4.2. Setting judicial selection criteria
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5. Conclusion 5. Conclusion
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10 Spillovers in Selecting Europe’s Judges: Will the Criterion of Gender Equality Make it to Luxembourg?
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Published:March 2015
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Abstract
This chapter examines both horizontal and vertical spillovers, ie mutual influence beyond mere accidental similarities between jurisdictions, in establishing new norms for the selection of judges in Europe. Furthermore, it uses gender balance on the bench as a case study for potential horizontal spillovers. The chapter proceeds as follows: first, the theoretical argument on legitimacy as a dynamic concept and interdependence as inherent to norm formation is outlined. Second, horizontal spillovers between Luxembourg and Strasbourg in the specific contexts of ensuring gender balance on the bench and the establishment of supranational judicial panels are examined. Third, vertical spillovers in terms of the emergence of national judicial commissions that resemble the 255 Panel and the ECtHR’s Advisory Panel, and trace the fleshing out of criteria for judicial selection adopted by the supranational panels, are discussed.
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