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Can Judicial Selection Secure Judicial Independence?

Aida Torres Pérez.

in Selecting Europe's Judges

March 2015; p ublished online April 2015 .

Chapter. Subjects: EU Law; Legal System and Practice. 10025 words.

This chapter examines the process of judicial selection in light of the goal of ensuring judicial independence. Its first part reflects upon the notion of judicial independence of...

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The Court of Justice of the European Union

Michal Bobek.

in The Oxford Handbook of European Union Law

July 2015; p ublished online March 2015 .

Article. Subjects: Law; EU Law; Legal System and Practice. 13097 words.

The chapter introduces the Court of Justice of the EU by looking at five key elements defining the institution in a diachronic perspective: the structure of the Union courts located in...

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The Democratic Ambiguity of EU Law Making and its Enemies

Damian Chalmers.

in The Oxford Handbook of European Union Law

July 2015; p ublished online February 2015 .

Article. Subjects: Law; EU Law; Legal System and Practice. 11366 words.

Analysis of EU law making is made difficult by the presence of multiple legislative procedures. Matters are further complicated by neither national nor postnational models of democracy...

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The ECJ and the National Courts

Takis Tridimas.

in The Oxford Handbook of European Union Law

July 2015; p ublished online March 2015 .

Article. Subjects: Law; EU Law; Legal System and Practice. 14089 words.

Although the development of EU law is the result of the interaction of many political and institutional actors, no other relationship is perhaps as important as that between the ECJ and the...

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Epilogue

Michal Bobek.

in Selecting Europe's Judges

March 2015; p ublished online April 2015 .

Chapter. Subjects: EU Law; Legal System and Practice. 17189 words.

The Epilogue wraps up the discussion with respect to selected recurring themes. Section two carries out a comparative assessment of the overall performance of the judicial expert advisory...

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How Transparent is Transparent Enough?

Alberto Alemanno.

in Selecting Europe's Judges

March 2015; p ublished online April 2015 .

Chapter. Subjects: EU Law; Legal System and Practice. 10090 words.

This chapter provides a detailed analysis of how both European selection mechanisms and in particular the advisory panels operating therein balance access to information and privacy. It...

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Judicial Performance, Membership, and Design at the Court of Justice

Damian Chalmers.

in Selecting Europe's Judges

March 2015; p ublished online April 2015 .

Chapter. Subjects: EU Law; Legal System and Practice. 11937 words.

This chapter argues, through an analysis of the history of the professional backgrounds of the Court of Justice, that the absence of a clear vision for the function and direction of the...

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Judicial Review in the European Union

Anthony Arnull.

in The Oxford Handbook of European Union Law

July 2015; p ublished online February 2015 .

Article. Subjects: Law; EU Law; Legal System and Practice. 13432 words.

This chapter is concerned with the mechanisms available under the European Union Treaties for providing judicial review of acts adopted by the Union’s institutions and other bodies. It...

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The Legitimization Strategies of International Judges

Mikael Rask Madsen.

in Selecting Europe's Judges

March 2015; p ublished online April 2015 .

Chapter. Subjects: EU Law; Legal System and Practice. 10756 words.

By going beyond the mainstream normative political theoretical discussion of the legitimacy of European or international courts, this chapter suggests that international courts legitimize...

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Not Quite the Bed that Procrustes Built

Henri de Waele.

in Selecting Europe's Judges

March 2015; p ublished online April 2015 .

Chapter. Subjects: EU Law; Legal System and Practice. 14330 words.

This chapter examines the new system for selecting judges to the EU courts, comprising both the 255 Panel and the CST Committee. It first enquires into staffing issues, reviewing the...

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