Some Reflections on the Selection and Appointment of Judges in European Law : Five Next Steps in Defence of Independent Justice / Kees Sterk.

Format:

Book

Author/Creator:

Sterk, C. H. W. M., author.

Language:

English

Subjects (All):

Judges--Europe.

Judges.

Physical Description:

1 online resource (58 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven, [2023]

Summary:

For the identity and well-functioning of Europe, independent national judiciaries are key, and the selection processes of judges and Court Presidents essential. During the last decade, however, several European Governments have been undermining this by trying to establish political control over national judges, especially through political dominance over the selection and appointment processes for judges and Court Presidents. In his inaugural speech, Sterk addresses the topic of selection processes, both on substance as well as on procedure. He analyses the case law of the European Court of Justice as well as the European Court of Human Rights, and the enforcement policies of the European Commission. Sterk identifies problems and recommends five steps to protect independent justice in Europe including the systemic enforcement gap, an effective enforcement duty, the standards for selection bodies, a duty to reason selection decisions, and on limiting the power of the executive to refuse candidates selected by selection bodies.

Contents:

Intro

Table of Content

1. Introduction

2. Three remarks on the context in which the European Treaties operate

2.1 Introduction

2.2 Attacks on national judges acting as European judges

2.3 Systemic enforcement gap in Union standards regarding the independence of the judiciary

2.3.1 Discretionary power to launch infringement actions

2.3.2 Discretionary power to enforce judgments of the courts

2.4 The many different national contexts in Europe

3. European law requirements for the selection and promotion of judges

3.1 Three introductory remarks

3.2 European legal requirements for selection and appointment of judges

3.2.1 Objective criteria on merit, moral integrity and courage

3.2.2 Changing the objective criteria for selection

3.2.3 The standard for selection bodies: majority of judges, elected by their peers

3.2.4 Selection of Court Presidents

3.2.5 Selection bodies under undue influence of judges associations

3.2.6 Selection decisions must be reasoned

3.2.7 The duty of the executive towards recommendations by selection bodies

4. Conclusion

Notes.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Other Format:

Print version: Sterk, Kees Some Reflections on the Selection and Appointment of Judges in European Law

ISBN:

9789400112476