The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation

The book aims to address the selection, participation, and drafting of judgments at the European Court of Justice. It describes a transformation from a classic international law model to a more hierarchical one, enabling the Court to make EU law effective but creating problems from a democratic perspective. The book argues for the democratization of the Court.

Format: Hardback
Length: 202 pages
Publication date: 22 September 2022
Publisher: Cambridge University Press

The selection of judges for the European Court of Justice (ECJ) has been a topic of debate and controversy in the legal community. While the ECJ is an independent judicial body, its selection process has raised concerns about transparency, accountability, and the potential for political influence. In this essay, we will explore the current selection process for ECJ judges, the criteria used to evaluate candidates, and the challenges and opportunities associated with reforming the selection process.

The current selection process for ECJ judges is governed by the Treaty on European Union (TEU) and the Rules of Procedure of the ECJ. According to the TEU, the ECJ shall be composed of judges appointed by the governments of the member states of the European Union. The judges are selected from a list of candidates proposed by the European Judicial Network, which is composed of judges from the national courts of the EU member states. The candidates are evaluated based on a set of criteria, including their legal expertise, experience, and integrity.

One of the key challenges associated with the current selection process is the lack of transparency. The process is largely conducted behind closed doors, and the public does not have access to the names of the candidates or the criteria used to evaluate them. This lack of transparency can lead to concerns about the independence and impartiality of the selection process.

Another challenge is the potential for political influence in the selection process. While the ECJ is independent in its judicial decisions, the selection of judges can still be influenced by political considerations. For example, judges may be selected based on their political affiliation or their willingness to align with the political agenda of the member states. This can undermine the credibility and legitimacy of the ECJ as an independent judicial body.

To address these challenges, there have been calls for reforming the selection process for ECJ judges. One proposed reform is to increase the transparency of the process by making the names of the candidates and the criteria used to evaluate them public. This would allow for greater accountability and scrutiny of the selection process, and would help to ensure that the best candidates are selected based on their qualifications and experience.

Another proposed reform is to introduce a merit-based selection process. This would involve a panel of independent experts, such as legal scholars and judges, evaluating the candidates based on their legal expertise and experience. The panel would be responsible for making recommendations to the member states, who would then make the final selection. This would help to ensure that the selection process is independent and impartial, and would help to ensure that the best candidates are selected based on their qualifications and experience.

In addition to these proposed reforms, there are also opportunities to enhance the effectiveness and efficiency of the ECJ. For example, the ECJ could consider introducing virtual hearings or video conferencing to reduce the need for physical travel and to increase the accessibility of the court to litigants and the public. The court could also consider streamlining
Another proposed reform is to introduce a merit-based selection process. This would involve a panel of independent experts, such as legal scholars, evaluating the candidates based on their legal expertise and experience. The panel would be responsible for making recommendations to the member states, who would then make the final selection. This would help to ensure that the selection process is independent and impartial, and would help to ensure that the best candidates are selected based on their qualifications and experience.

In addition to these proposed reforms, there are also opportunities to enhance the effectiveness and efficiency of the ECJ. For example, the ECJ could consider introducing virtual hearings and video conferencing to reduce the need for physical travel and to increase the accessibility of the court to litigants and the public. The court could also consider streamlining the process of issuing

In conclusion, the selection of judges for the European Court of Justice (ECJ) is a complex and multifaceted issue that requires careful consideration and analysis. While the ECJ is an independent judicial body, its selection process has raised concerns about transparency, accountability, and the potential for political influence. To address these challenges, there have been calls for reforming the selection process to increase transparency, introduce a merit-based selection process, and enhance the effectiveness and efficiency of the ECJ. These proposed reforms would help to ensure that the best candidates are selected based on their qualifications and experience, and would help to ensure that the ECJ remains an independent and impartial judicial body.

Weight: 444g
Dimension: 158 x 237 x 18 (mm)
ISBN-13: 9781009247948