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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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On the Democratic Legitimacy of Europe’s Judges

On the Democratic Legitimacy of Europe’s Judges

A Principled and Comparative Reconstruction of the Selection Procedures

Chapter:
(p.162) 7 On the Democratic Legitimacy of Europe’s Judges
Source:
Selecting Europe's Judges
Author(s):

Armin von Bogdandy

Christoph Krenn

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727781.003.0008

This chapter suggests that the selection of ECtHR and CJEU judges needs to be reconstructed and lived as a democratic process. To substantiate this claim, the chapter first presents the democratic principles of the Treaty on the European Union and the corresponding standards within the Council of Europe. Next, three theses are advanced: first, in the EU, when it comes to selecting CJEU judges, reality lags behind the democratic project laid out in Articles 9–12 TEU; second, when comparing the judicial selection process in the EU and the Council of Europe the latter fares far better; and third, however, the lack of respect of the Council of Europe institutions for the very law they have developed is deeply problematic from a democratic perspective.

Keywords:   democracy, legitimacy, participation, Council of Europe, EU, TEU

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