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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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Spillovers in Selecting Europe’s Judges

Spillovers in Selecting Europe’s Judges

Will the Criterion of Gender Equality Make it to Luxembourg?

Chapter:
(p.222) 10 Spillovers in Selecting Europe’s Judges
Source:
Selecting Europe's Judges
Author(s):

Bilyana Petkova

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727781.003.0011

This chapter examines both horizontal and vertical spillovers, ie mutual influence beyond mere accidental similarities between jurisdictions, in establishing new norms for the selection of judges in Europe. Furthermore, it uses gender balance on the bench as a case study for potential horizontal spillovers. The chapter proceeds as follows: first, the theoretical argument on legitimacy as a dynamic concept and interdependence as inherent to norm formation is outlined. Second, horizontal spillovers between Luxembourg and Strasbourg in the specific contexts of ensuring gender balance on the bench and the establishment of supranational judicial panels are examined. Third, vertical spillovers in terms of the emergence of national judicial commissions that resemble the 255 Panel and the ECtHR’s Advisory Panel, and trace the fleshing out of criteria for judicial selection adopted by the supranational panels, are discussed.

Keywords:   influence, interdependency, norm creation, Europeanization, gender, sex equality, quotas, women judges, judicial appointments, national selections

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