Formation of the judicial office in the European Union: last tendencies Cover Image

Формування суддівського корпусу в Європейському Союзі: останні тенденції
Formation of the judicial office in the European Union: last tendencies

Author(s): T. Komarova
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: European Union; judicial system of the European Union; European integration; judicial appointment; CJEU Advocates General;

Summary/Abstract: The effectiveness of the functioning of the judiciary in the European Union depends on many factors,among which the way of formation of judicial office, namely the appointment of judges and Advocates General of the Court of Justice and of the General Court, should be highlighted. In this regard, the article explores the procedures of formation of the judicial office in the EU and the procedural innovations that have emerged after the Lisbon reform. Prior to the reform, judges and Advocates General were appointed by common agreement of the governments of the Member States and this process was of a closed nature,since the nomination of candidates belongs to the internal competence of the Member States. After the Lisbon changes, the appointment takes place only after consultation with a special panel that makes a conclusion on the suitability of the candidates. Despite the fact that the conclusions of the panels are of are commendatory character, the Member States follow them and, in the case of a negative opinion, remove the candidate from the ballot. Separately, the criteria for evaluating candidates are considered, of which the panel distinguishes six main ones: the candidate’s ability to legal analysis, professional experience, the ability to perform the duties of a judge, language abilities, the ability to work in a team in an international environment in which several legal systems are represented and concerning impartiality, fairness and honesty of the candidate. A new stage of consultation with the judicial selection panel has shaped the trend towards democratization of this process and bringing it closer to pan-European standards. This allowed the author to state that the process of forming the judicial office in the EU has become more transparent and fair, which serves as one of the institutional guarantees for proper legal protection in the Union.

  • Issue Year: 2018
  • Issue No: 141
  • Page Range: 201-213
  • Page Count: 13
  • Language: English, Russian, Ukrainian