Jump to ContentJump to Main Navigation
Selecting Europe's JudgesA Critical Review of the Appointment Procedures to the European Courts$
Users without a subscription are not able to see the full content.

Michal Bobek

Print publication date: 2015

Print ISBN-13: 9780198727781

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198727781.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 March 2021

Selection, Appointment, and Legitimacy

Selection, Appointment, and Legitimacy

A Political Perspective

(p.244) 11 Selection, Appointment, and Legitimacy
Selecting Europe's Judges

R Daniel Kelemen

Oxford University Press

The chapter advances two central arguments about the relationship between appointment and legitimacy with respect to European courts. First, in order for courts to maintain their legitimacy in the eyes of the public and in the eyes of countervailing political branches of government, democratically elected officials must continue to play a central role in the process of judicial selection and appointment. Second, even in a context where the appointment of judges becomes more politicized, this politicization need not undermine the reputation of the courts as independent and impartial arbiters, provided that political influence over judicial appointments is not concentrated in a narrow set of hands or in one period of time.

Keywords:   judicial appointments, democracy, legitimacy, political influences, popular support, democratic deficit, judicial councils, majoritarian activism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .