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Selecting Europe's JudgesA Critical Review of the Appointment Procedures to the European Courts$
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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

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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

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

R Daniel Kelemen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727781.003.0012

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

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