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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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(S)electing Judges for Strasbourg

(S)electing Judges for Strasbourg

A (Dis)appointing Process?

(p.95) 5 (S)electing Judges for Strasbourg
Selecting Europe's Judges

Koen Lemmens

Oxford University Press

This chapter introduces the selection mechanism for judges to the European Court of Human Rights, focusing on the way the Council of Europe approaches the question and on how national states deal with it. Section 2 sketches the Council of Europe’s legal framework pertaining to the eligibility of judges. In Section 3, the position and the practice of the individual bodies participating in the selection at the Council of Europe’s level is outlined. Next, Section 4 focuses on the national dimension by taking the examples of Belgium, France, and the UK, since all three states recently had to organize selection procedures. Finally, Section 5 concludes by analysing the value conflicts emerging in the selections to the ECtHR.

Keywords:   European Court of Human Rights, European Convention, Council of Europe, judicial elections, Parliamentary Assembly, Committee of Ministers, Advisory Panel, national selections

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