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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: 25 February 2021

Selecting Strasbourg Judges

Selecting Strasbourg Judges

A Critique

(p.120) 6 Selecting Strasbourg Judges
Selecting Europe's Judges

David Kosař

Oxford University Press

This chapter deals with selected problems that plague the process of selecting judges to the European Court of Human Rights today. It argues that the inadequate qualifications, experience, and stature of some of the Strasbourg judges are a serious threat to the institutional legitimacy of the ECtHR. Section 2 of the chapter explains the breadth and depth of the problems concerning the selection of judges of the ECtHR. Section 3 briefly summarizes the good practices and recent improvements in the selection process. Section 4 focuses on problems regarding the use of certain substantive criteria. More specifically it addresses the role of gender, the issue of the minimum and maximum ages of Strasbourg judges, their language skills, their knowledge of national law, and expertise in public international law. Section 5 then discusses recent examples of elections that raised eybrows across Europe and shows the the politics behind them. Section 6 revisits the key question of how to attract top candidates to Strasbourg. Section 7 concludes.

Keywords:   European Court of Human Rights, election of judges, substantive requirements, gender, language skills, age, legal knowledge and its testing, political considerations in judicial selections

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