Judging Europe’s Judges
Title | Judging Europe’s Judges PDF eBook |
Author | Maurice Adams |
Publisher | A&C Black |
Pages | 447 |
Release | 2014-07-18 |
Genre | Law |
ISBN | 1782252312 |
After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.
Selecting Europe's Judges
Title | Selecting Europe's Judges PDF eBook |
Author | Michal Bobek |
Publisher | OUP Oxford |
Pages | 576 |
Release | 2015-03-19 |
Genre | Law |
ISBN | 0191043621 |
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.
Judicial Independence
Title | Judicial Independence PDF eBook |
Author | Carl Baudenbacher |
Publisher | Springer |
Pages | 542 |
Release | 2019-01-30 |
Genre | Law |
ISBN | 3030023087 |
This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. 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.
Central European Judges Under the European Influence
Title | Central European Judges Under the European Influence PDF eBook |
Author | Michal Bobek |
Publisher | Bloomsbury Publishing |
Pages | 462 |
Release | 2015-11-19 |
Genre | Law |
ISBN | 1782259902 |
The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.
Constitutionalising the EU Judicial System
Title | Constitutionalising the EU Judicial System PDF eBook |
Author | Pascal Cardonnel |
Publisher | Bloomsbury Publishing |
Pages | 536 |
Release | 2012-08-20 |
Genre | Law |
ISBN | 1847319939 |
These essays, written in honour of retired ECJ judge Pernilla Lindh, reflect on the development of courts and judging in the EU since the founding of the Union. In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.
Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law
Title | Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law PDF eBook |
Author | Triestino Mariniello |
Publisher | BRILL |
Pages | 966 |
Release | 2021-02-01 |
Genre | Law |
ISBN | 9004434666 |
For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).
Judges, Legislators and Professors
Title | Judges, Legislators and Professors PDF eBook |
Author | R. C. van Caenegem |
Publisher | Cambridge University Press |
Pages | 230 |
Release | 1987 |
Genre | Law |
ISBN | 9780521438179 |
In Judges, legislators and professors one of the world's foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the manifestation of certain ideological and intellectual trends, but as largely the result of power struggles between the judiciary, the legislators, and legal scholars, each representing certain political and social ambitions. Now available in paperback, Judges, legislators and professors provides an historical introduction to continental law which is readily accessible to readers familiar with the common law tradition and vice-versa.