Selecting Europe's Judges A Critical Review of the Appointment Procedures to the European Courts

Author: Michal Bobek
Publisher: Oxford University Press
ISBN: 9780198727781
Published In: March 2015
Format: Hardback , 352 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: RM859.95

RM834.15 Save RM25.80 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents
Author

Details

Delivers cutting-edge knowledge about current institutional developments and reform
Comparitively focuses on both European courts; the Court of Justice of the European Union and the European Court of Human Rights
Provides a novel evaluation of a topical issue that involves academics, diplomats, members of international organisations, political scientists, and national and European civil servants

The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, 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. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges?

These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.

Readership: Academics in the field of judicial selection and practitioners engaged in the process itself

Prologue:: Michal Bobek: The Changing Nature of Selection Procedures to the European Courts
1.: Henri de Waele: Not Quite the Bed that Procrustes Built: Dissecting the System for Selecting Judges at the Court of Justice of the European Union
2.: Damian Chalmers: Judicial Performance, Membership, and Design at the Court of Justice
3.: Jean-Marc Sauvé: Selecting European Union's Judges: The Practice of the Article 255 Panel
4.: Georges Vandersanden: The Real Test - How to Contribute to a Better Justice: The Experience of the Civil Service Tribunal
5.: Koen Lemmens: (S)electing Judges for Strasbourg: A (Dis)appointing Process?
6.: David Kosar: Selecting Strasbourg Judges: A Critique
7.: Armin von Bogdandy and Christoph Krenn: On the Democratic Legitimacy of Europe's Judges: A Principled and Comparative Reconstruction of the Selection Procedures
8.: Aida Torres Pérez: Can Judicial Selection Secure Judicial Independence? Constraining State Governments in Selecting International Judges
9.: Alberto Alemanno: How Transparent is Transparent Enough? Balancing Access to Information versus Privacy in European Judicial Selections
10: Bilyana Petkova: Spillovers in Selecting Europe's Judges: Will the Criterion of Gender Equality Make it to Luxembourg?
11: Daniel Kelemen: Selection, Appointment, and Legitimacy: A Political Perspective
12.: Mikael Rask Madsen: The Legitimization Strategies of European Courts: The Case of the European Court of Human Rights
Epilogue:: Michal Bobek: Finding the European Hercules

Michal Bobek is Professor of European Law, College of Europe, Bruges, and research fellow, Institute of European and Comparative Law, University of Oxford Faculty of Law. He previously worked as legal secretary to the President of the Supreme Administrative Court, where he also headed the Research and Documentation Department of the Court.

Contributors:
Alberto Alemanno is Jean Monnet Professor of Law at HEC Paris and Global Clinical Professor at NYU School of Law.

Armin von Bogdandy is Director at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and President of the OECD Nuclear Energy Tribunal.

Damian Chalmers is Professor of EU Law at the London School of Economics and Political Science.

R. Daniel Kelemen is Professor of Political Science, Rutgers University and Visiting Fellow, Program in Law & Public Affairs, Princeton University.

David Kosar is Assistant Professor at the Law Faculty Masaryk University in Brno and legal secretary to a justice at the Constitutional Court of the Czech Republic.

Christoph Krenn is Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.

Koen Lemmens is Professor of Human Rights Law at the University of Leuven and Director of the Leuven Institute for Human Rights and Critical Studies.

Mikael Rask Madsen is Professor of Law and the Director of iCourts - Centre of Excellence for International Courts at the Faculty of Law, University of Copenhagen.

Bilyana Petkova is a Postdoctoral Emile Noël Fellow at the New York University School of Law and a graduate from the Yale Law School.

Aida Torres Pérez is Professor of Constitutional Law at Pompeu Fabra University in Barcelona.

Jean-Marc Sauvé is Vice-president of the French Council of State and the President of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union.

Georges Vandersanden is Professor emeritus at the law faculty of the Université Libre de Bruxelles and honorary lawyer at the Paris bar. Between 2009 and 2013, he was member of the Civil Service Tribunal Selection Committee.

Henri de Waele is Professor of International and European Law at Radboud University Nijmegen and Guest Professor of European Institutional Law at the University of Antwerp.