Court of Justice Members

Court of Justice Members in Europe

Selection of Judges and Advocates General

Content about Court Of Justice Members from the publication “The ABC of European Union law” (2010, European Union) by Klaus-Dieter Borchardt.

The judges and Advocates General are chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries, or who are legal experts of recognised competence (Article 253 TFEU). This means that judges, public officials, politicians, lawyers or university lecturers from Member States may be appointed. The variety of professional backgrounds and experience are beneficial to the Court in that they help to provide as comprehensive an assessment as possible of both the theoretical and practical aspects of the facts and points of law that have to be considered. In all Member States, the choice of who should be proposed by the government for appointment as a judge or Advocate General, and the procedure by which this is done, is a matter for the executive. The procedures differ greatly and range from the not very transparent to the totally impenetrable.

Context of Court Of Justice Members in the European Union

Assistance is provided by the newly created consultative panel for the nomination of judges, which has the task of giving an opinion on candidates’ suitability to perform the duties of judge and Advocate General of the Court of Justice and the General Court before the governments of the Member States make the appointments (Article 255 TFEU). The panel comprises seven persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence, one of whom is proposed by the European Parliament.






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