The European Court of Justice after the Eastern Enlargement: An Emerging Inner Circle of Judges

Dumbrovský, Tomáš

doi:10.2139/ssrn.2551211

Cited by 1 publication

(1 citation statement)

References 34 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…182 However, comments about Justice Huber's "political loyalty" indicate that some political circles might be more willing to appoint based on political criteria. 183 Also, when deciding whether to reappoint the German judge at the European Court of Justice, 184 the German government has tended to let political considerations influence its decision 185 -most prominently in the cases of both Judge Everling and, subsequently, of his successor Judge Zuleeg. 186 Nonetheless, there is no basis for doubts concerning the overall independence and professional qualification of the German judiciary.…”

Section: A Political Culture Of Independencementioning

confidence: 99%

Selecting Judges in Poland and Germany: Challenges to the Rule of law in Europe and Propositions for a new Approach to Judicial Legitimacy

Sanders¹,

Danwitz²

2018

Ger. law j.

View full text Add to dashboard Cite

The recent reforms of the Polish Judiciary have sparked a lively debate in Europe on the importance of judicial independence. This Article deals with the new Polish system of selecting and appointing judges and critically assesses it in the light of European standards for judicial appointments. It then compares the new Polish system to the German system of selecting judges, which has been advanced as a point of reference for the reform by the Polish government. Finally, the Article reconsiders and challenges some of the established concepts of German constitutional law as to the selection of judges and judicial legitimacy.The Article was closed on September 2, 2017 and accepted for publication. Subsequent developments could be included until March 15, 2018. The authors would like to thank Judge Thomas Guddat and theDeutsch-Polnische Richtervereinigung(Association of German and Polish Judges) for providing valuable details on the reforms in Poland.

show abstract

Section: A Political Culture Of Independencementioning

confidence: 99%