Judicial Appointments: The article 255 TFEU Advisory Panel and selection procedures in the Member States
Abstract
This article is the first attempt to assess in-depth recent reforms of the appointment procedure for members of the Court of Justice and the General Court of the European Union. The authors evaluate the effects of the establishment of the Article 255 TFEU Panel.
Next to a discussion on the transparency of the Panel's opinions, the criteria set and the role it plays in reappointments, the authors present comprehensive case studies of the selection procedure in fourteen Member States chosen with due regard for balanced representation between new and old, and small and large EU countries, and major European legal cultures. The analysis shows that far from being a paper tiger, the Article 255 TFEU Panel has proven to have a significant impact.
It has not only exercised a chilling effect on a number of national nominations but also indirectly influenced the selection processes in some of the Member States, thus limiting arbitrariness. Opening up judicial appointments to scrutiny at both the European and the national level has resulted in a subtle move into the direction of judicial self-government.