Judicial independence : memoirs of a European judge / Carl Baudenbacher.

Format:

Book

Author/Creator:

Baudenbacher, Carl, author.

Series:

Springer biographies

Springer biographies.

Language:

English

Subjects (All):

EFTA Court.

Baudenbacher, Carl.

Judges.

Judicial independence.

Switzerland.

Europe.

Judicial independence--Europe.

Judges--Switzerland--Biography.

Genre:

Biographies.

Autobiographies.

Physical Description:

xxxix, 520 pages : illustrations ; 25 cm.

Place of Publication:

Cham, Switzerland : Springer, 2019.

Summary:

"It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland's complicated relationship with, and Britain's impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation."-- Back cover.

Contents:

My pre-court life

EFTA Court judge by chance

The EEA : one area with two courts

The legacy of the five-member court

Resurrection from the dead

The member states : an unholy alliance

ESA : the great negotiator

Preliminary references : all options open?

A matter of interpretation

War over constitutional principles

Two early landmark cases : Veronika's struggle and enriched cereals

Fundamental rights : the EFTA Court amends the law

Putting the EFTA Court on the map

The economics of EEA single market law

Fundamental freedoms and the cursed proportionality test

Competition law : a rare pleasure

State aid control : a more frequent pleasure

Secondary EEA law : a wide sphere

Free movement of persons and social policy

Where's the beef?

Judicial dialogue between the ECJ and the EFTA Court

The Norwegian social model on the brink of a downfall?

The failed decapitation of Kong Carl

"Room for manoeuvre" for Norway!

The Icesave saga

Gunfight at the Oslo corral

Working methods and judicial style

Attack on the EFTA Court's integrity

The Commission : the EFTA Court's patron saint?

Switzerland : from EU-phobia to EU-philia?

Brexit : no to an 'ever closer union'

"Two souls in Europe's breast".

Notes:

Includes bibliographical references (pages 501-520).

ISBN:

3030023079

9783030023072

OCLC:

1052875093