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Selecting Europe's JudgesA Critical Review of the Appointment Procedures to the European Courts$
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Michal Bobek

Print publication date: 2015

Print ISBN-13: 9780198727781

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198727781.001.0001

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How Transparent is Transparent Enough?

How Transparent is Transparent Enough?

Balancing Access to Information Against Privacy in European Judicial Selections

Chapter:
(p.202) 9 How Transparent is Transparent Enough?
Source:
Selecting Europe's Judges
Author(s):

Alberto Alemanno

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727781.003.0010

This chapter provides a detailed analysis of how both European selection mechanisms and in particular the advisory panels operating therein balance access to information and privacy. It argues that more transparency would maximize their pedagogical mission while at the same time tackling part of the legitimacy concern currently brought to the fore by their operation. The chapter first provides a comparative analysis of the judicial panels’ missions and operational rules within their respective institutional contexts. Second, it identifies the actual impact that these two panels are generating within their respective judicial selection systems. Third, it analyses the overall level of transparency surrounding the access to the information gathered by the panels. Fourth, it provides a critical look at their actual publicity policy by highlighting unaddressed legitimacy and accountability concerns. Fifth, it formulates some recommendations aimed at striking a more adequate balance between access to information and the privacy of the candidates.

Keywords:   transparency, privacy, disclosure, pedagogical effects, legitimacy, accountability, confidentiality, data protection, reputational costs

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