On the Democratic Legitimacy of Europe’s Judges
On the Democratic Legitimacy of Europe’s Judges
A Principled and Comparative Reconstruction of the Selection Procedures
This chapter suggests that the selection of ECtHR and CJEU judges needs to be reconstructed and lived as a democratic process. To substantiate this claim, the chapter first presents the democratic principles of the Treaty on the European Union and the corresponding standards within the Council of Europe. Next, three theses are advanced: first, in the EU, when it comes to selecting CJEU judges, reality lags behind the democratic project laid out in Articles 9–12 TEU; second, when comparing the judicial selection process in the EU and the Council of Europe the latter fares far better; and third, however, the lack of respect of the Council of Europe institutions for the very law they have developed is deeply problematic from a democratic perspective.
Keywords: democracy, legitimacy, participation, Council of Europe, EU, TEU
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