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Some Reflections on the Selection and Appointment of Judges in European Law

Five Next Steps in Defence of Independent Justice

Engels | 13-03-2023 | 56 pagina's

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Korte beschrijving/Annotatie

This contains Kees Sterks inaugural speech, in which he addresses the topic of selection processes, both on substance as well as on procedure.

Tekst achterflap

For the identity and well-functioning of Europe, independent national judiciaries are key, and the selection processes of judges and Court Presidents essential. During the last decade, however, several European Governments have been undermining this by trying to establish political control over national judges, especially through political dominance over the selection and appointment processes for judges and Court Presidents. In his inaugural speech, Sterk addresses the topic of selection processes, both on substance as well as on procedure. He analyses the case law of the European Court of Justice as well as the European Court of Human Rights, and the enforcement policies of the European Commission. Sterk identifies problems and recommends five steps to protect independent justice in Europe including the systemic enforcement gap, an effective enforcement duty, the standards for selection bodies, a duty to reason selection decisions, and on limiting the power of the executive to refuse candidates selected by selection bodies.


Kees Sterk is professor of Administration of European Justice at Maastricht University. Since 1993, he is a judge in the Netherlands, serving in a District Court, an Appeal Court and the Supreme Court. From 2014 to 2020 he was Vice-President of the Council for the Judiciary. From 2018 to 2020 he was president of the European Network for Councils of the Judiciary.


1. Introduction; 2. Three remarks on the context in which the European Treaties operate; 3. European law requirements for the selection and promotion of judges; 4. Conclusion; Notes


    ISBN :9789462365292
    Uitgever :Boom uitgevers Den Haag
    Publicatiedatum :  13-03-2023
    Uitvoering :Paperback / softback
    Taal :Engels
    Hoogte :215 mm
    Breedte :140 mm
    Dikte :6 mm
    Gewicht :92 gr
    Status :Te bestellen (langere levertijd)
    Aantal pagina's :56
    Sleutelwoorden :  commission;constitution;discretionary;encj;eu;europe;european;executive;inaugural;judiciary;law;merit;netherlands;power;requirements;speech;supreme court