Appointment and dis-appointment at the CJEU : part I – the FV/SIMPSON litigation
This first part of a two-part article examines the rulings of the General Court and the Court of Justice concerning the irregular appointment in 2016 of a judge to the Union’s Civil Service Tribunal (now abolished). The CJEU was acting more or less in tandem with the European Court of Human Rights i...
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fteuinstitute:oai:cadmus.eui.eu:1814/73814 2023-05-15T16:50:11+02:00 Appointment and dis-appointment at the CJEU : part I – the FV/SIMPSON litigation BRADLEY, Kieran 2021 https://hdl.handle.net/1814/73814 https://doi.org/10.1163/15718034-12341442 en eng Brill The Law & Practice of International Courts and Tribunals, 2021, Vol. 20, No. 1, pp. 150-165 1571-8034 https://hdl.handle.net/1814/73814 doi:10.1163/15718034-12341442 CJEU General Court Court of justice European court of human rights EU civil service tribunal info:eu-repo/semantics/article 2021 fteuinstitute https://doi.org/10.1163/15718034-12341442 2022-02-19T14:18:26Z This first part of a two-part article examines the rulings of the General Court and the Court of Justice concerning the irregular appointment in 2016 of a judge to the Union’s Civil Service Tribunal (now abolished). The CJEU was acting more or less in tandem with the European Court of Human Rights in the case of Ástráðsson v. Iceland; between them, these courts have confirmed for their respective legal orders that the right to a fair trial before a “tribunal established by law” includes a requirement that the judge(s) be appointed in accordance with the predetermined procedure. This requirement is not, however, absolute, but seeks ultimately to safeguard the independence and impartiality of the judiciary; it must therefore be balanced with other fundamental values, such as legal certainty and the irremovability of judges. The Simpson ruling may also have a certain resonance at the national level, as well as showcasing the CJEU’s remarkable “review” procedure, now in abeyance. Article in Journal/Newspaper Iceland European University Institute, Italy: Cadmus (EUI Research Repository) The Law & Practice of International Courts and Tribunals 20 1 150 165 |
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European University Institute, Italy: Cadmus (EUI Research Repository) |
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English |
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CJEU General Court Court of justice European court of human rights EU civil service tribunal |
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CJEU General Court Court of justice European court of human rights EU civil service tribunal BRADLEY, Kieran Appointment and dis-appointment at the CJEU : part I – the FV/SIMPSON litigation |
topic_facet |
CJEU General Court Court of justice European court of human rights EU civil service tribunal |
description |
This first part of a two-part article examines the rulings of the General Court and the Court of Justice concerning the irregular appointment in 2016 of a judge to the Union’s Civil Service Tribunal (now abolished). The CJEU was acting more or less in tandem with the European Court of Human Rights in the case of Ástráðsson v. Iceland; between them, these courts have confirmed for their respective legal orders that the right to a fair trial before a “tribunal established by law” includes a requirement that the judge(s) be appointed in accordance with the predetermined procedure. This requirement is not, however, absolute, but seeks ultimately to safeguard the independence and impartiality of the judiciary; it must therefore be balanced with other fundamental values, such as legal certainty and the irremovability of judges. The Simpson ruling may also have a certain resonance at the national level, as well as showcasing the CJEU’s remarkable “review” procedure, now in abeyance. |
format |
Article in Journal/Newspaper |
author |
BRADLEY, Kieran |
author_facet |
BRADLEY, Kieran |
author_sort |
BRADLEY, Kieran |
title |
Appointment and dis-appointment at the CJEU : part I – the FV/SIMPSON litigation |
title_short |
Appointment and dis-appointment at the CJEU : part I – the FV/SIMPSON litigation |
title_full |
Appointment and dis-appointment at the CJEU : part I – the FV/SIMPSON litigation |
title_fullStr |
Appointment and dis-appointment at the CJEU : part I – the FV/SIMPSON litigation |
title_full_unstemmed |
Appointment and dis-appointment at the CJEU : part I – the FV/SIMPSON litigation |
title_sort |
appointment and dis-appointment at the cjeu : part i – the fv/simpson litigation |
publisher |
Brill |
publishDate |
2021 |
url |
https://hdl.handle.net/1814/73814 https://doi.org/10.1163/15718034-12341442 |
genre |
Iceland |
genre_facet |
Iceland |
op_relation |
The Law & Practice of International Courts and Tribunals, 2021, Vol. 20, No. 1, pp. 150-165 1571-8034 https://hdl.handle.net/1814/73814 doi:10.1163/15718034-12341442 |
op_doi |
https://doi.org/10.1163/15718034-12341442 |
container_title |
The Law & Practice of International Courts and Tribunals |
container_volume |
20 |
container_issue |
1 |
container_start_page |
150 |
op_container_end_page |
165 |
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