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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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Judicial Performance, Membership, and Design at the Court of Justice

Judicial Performance, Membership, and Design at the Court of Justice

Chapter:
(p.51) 2 Judicial Performance, Membership, and Design at the Court of Justice
Source:
Selecting Europe's Judges
Author(s):

Damian Chalmers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727781.003.0003

This chapter argues, through an analysis of the history of the professional backgrounds of the Court of Justice, that the absence of a clear vision for the function and direction of the Court of Justice at the stage of selecting and appointing its judges results in the Court of Justice setting its own tasks for itself. These tasks invariably reflect the prevailing professional disposition of the Court at the time. To substantiate this argument, the chapter divides the history of the Court of Justice into four periods: the transitional period up until 1970; the subsequent period up until the ratification of the Maastricht Treaty; the period beyond that until the ratification of the Lisbon Treaty; and the period since the Lisbon Treaty. In each of the periods examined in turn, a correlation between the professional backgrounds of the judges at the Court at that time and the type of decisions the Court produces is outlined.

Keywords:   Court of Justice, judicial mentality, judicial biographies, judicial performance, judicial accountability, role of the Court of Justice, Maastricht Treaty, Treaty of Lisbon, constitutionalization

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