Ending the political occupation of the EU Court of Justice

By Camille FratiLex Kleren Switch to French for original article

Luxembourg has introduced this year a new procedure for selecting the judges the country appoints to the prestigious European supreme court. After the judgeship at the European Court of Justice at the beginning of the year, the two mandates as judges at the EU Court of Justice are up for grabs in autumn.

The judiciary values its independence – as it has shown by vigorously calling for this principle to be enshrined in the revised Constitution – but there are historically political posts. This was the case for the judges and the Advocate General (there was only one) appointed by the Grand Duchy to the European courts, the Court of Justice and the General Court until 2021. When it was about time to renew a term of office, the government took the sovereign decision – not necessarily after consultation with legal experts – to keep the magistrate in office or to replace him or her. No woman has yet had this honour.  

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Independence at all costs