Selecting Europe's Judges: A Critical Review of the Appointment Procedures to the European Courts
Selecting Europe's Judges: A Critical Review of the Appointment Procedures to the European Courts
Professor of European Law, College of Europe, Bruges, and
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Abstract
The past decade has witnessed changes in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The common aim has been securing greater professional quality of the judicial candidates. For this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Were these institutional reforms successful in guaranteeing greater quality of the candidates? Might they have any positive impact on the legitimacy of the European courts? Has the creation of the expert advisory panels in any way shifted the institutional balance, either horizontally among the various institutions of the respective international organization, or vertically between the organization and its member states? Above all, however, is the spree of ‘judicial comitology’ as currently applied a good method of selecting Europe’s judges? These and a number of other questions are addressed in this volume in a comparative and interdisciplinary perspective. First, the volume describes for the first time in depth the operation of the new selection mechanisms from different vantage points, including not just academic, but also practitioners’ points of view. Second, having mapped the ground, it critically engages with selected common themes in a comparative way, analysing the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.
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Front Matter
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Prologue: The Changing Nature of Selection Procedures to the European Courts
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1
Not Quite the Bed that Procrustes Built: Dissecting the System for Selecting Judges at the Court of Justice of the European Union
Henri de Waele
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2
Judicial Performance, Membership, and Design at the Court of Justice
Damian Chalmers
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3
Selecting the European Union’s Judges: The Practice of the Article 255 Panel
Jean-Marc Sauvé
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4
The Real Test–How to Contribute to a Better Justice: The Experience of the Civil Service Tribunal
Georges Vandersanden
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5
(S)electing Judges for Strasbourg: A (Dis)appointing Process?
Koen Lemmens
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6
Selecting Strasbourg Judges: A Critique
David Kosař
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7
On the Democratic Legitimacy of Europe’s Judges: A Principled and Comparative Reconstruction of the Selection Procedures
Armin von Bogdandy andChristoph Krenn
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8
Can Judicial Selection Secure Judicial Independence? Constraining State Governments in Selecting International Judges
Aida Torres Pérez
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9
How Transparent is Transparent Enough? Balancing Access to Information Against Privacy in European Judicial Selections
Alberto Alemanno
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10
Spillovers in Selecting Europe’s Judges: Will the Criterion of Gender Equality Make it to Luxembourg?
Bilyana Petkova
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11
Selection, Appointment, and Legitimacy: A Political Perspective
R Daniel Kelemen
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12
The Legitimization Strategies of International Judges: The Case of the European Court of Human Rights
Mikael Rask Madsen
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Epilogue: Searching for the European Hercules
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End Matter
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