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In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.
List of contents
- 1.: Introduction
- Part I: The New Appointment Processes of the ECJ: The 255 Panel
- 2.: The Prehistory and History of the 255 Panel
- 3.: The 255 Panel in Operation
- Part II: The New Appointment Processes Of the ECtHR: The APE
- 4.: The Prehistory and History of the APE
- 5.: The Advisory Panel of Experts in Operation
- Part III: Judicial Independence? Again?
- 6.: The Primary Literature: Taking Measures (And More Measures)
- 7.: The Secondary Literature: What to Make of Judicial Independence?
- Part IV: A Quality Discussion
- 8.: Formalization and Judicial Quality
- 9.: Formalized Quality in Operation
- Part V: Scandal!
- 10.: The Juicy Bits
- 11.: Scandal Theory in Context
About the author
Mitchel de S.-O.-l'E. Lasser is the Jack G. Clarke Professor of Law, Director of Graduate Studies, and co-directs the Cornell Summer Institute of International and Comparative Law in Paris. He teaches and writes in the areas of comparative law, law of the European Union, comparative constitutional law, and judicial process.
Summary
In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.
Additional text
The principal thesis of the book regarding the underlying genesis of the reforms of the appointments procedures for these courts is more than plausible, whoever was responsible for their adoption, while the accompanying narrative and analysis of the new procedures and their operation provide, and will provide, an invaluable resource for students of European judicial structures and functioning for years to come.
