Damian Chalmers
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780198727781
- eISBN:
- 9780191794117
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198727781.003.0003
- Subject:
- Law, EU Law, Legal Profession and Ethics
This chapter argues, through an analysis of the history of the professional backgrounds of the Court of Justice, that the absence of a clear vision for the function and direction of the Court of ...
More
This chapter argues, through an analysis of the history of the professional backgrounds of the Court of Justice, that the absence of a clear vision for the function and direction of the Court of Justice at the stage of selecting and appointing its judges results in the Court of Justice setting its own tasks for itself. These tasks invariably reflect the prevailing professional disposition of the Court at the time. To substantiate this argument, the chapter divides the history of the Court of Justice into four periods: the transitional period up until 1970; the subsequent period up until the ratification of the Maastricht Treaty; the period beyond that until the ratification of the Lisbon Treaty; and the period since the Lisbon Treaty. In each of the periods examined in turn, a correlation between the professional backgrounds of the judges at the Court at that time and the type of decisions the Court produces is outlined.Less
This chapter argues, through an analysis of the history of the professional backgrounds of the Court of Justice, that the absence of a clear vision for the function and direction of the Court of Justice at the stage of selecting and appointing its judges results in the Court of Justice setting its own tasks for itself. These tasks invariably reflect the prevailing professional disposition of the Court at the time. To substantiate this argument, the chapter divides the history of the Court of Justice into four periods: the transitional period up until 1970; the subsequent period up until the ratification of the Maastricht Treaty; the period beyond that until the ratification of the Lisbon Treaty; and the period since the Lisbon Treaty. In each of the periods examined in turn, a correlation between the professional backgrounds of the judges at the Court at that time and the type of decisions the Court produces is outlined.
