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Judicial Independence

Memoirs of a European Judge

  • Carl Baudenbacher

Part of the Springer Biographies book series (SPRINGERBIOGS)

Table of contents

  1. Front Matter
    Pages i-xxxix
  2. Carl Baudenbacher
    Pages 1-7
  3. Carl Baudenbacher
    Pages 9-15
  4. Carl Baudenbacher
    Pages 17-38
  5. Carl Baudenbacher
    Pages 39-44
  6. Carl Baudenbacher
    Pages 45-50
  7. Carl Baudenbacher
    Pages 51-70
  8. Carl Baudenbacher
    Pages 71-88
  9. Carl Baudenbacher
    Pages 89-108
  10. Carl Baudenbacher
    Pages 109-126
  11. Carl Baudenbacher
    Pages 127-137
  12. Carl Baudenbacher
    Pages 149-155
  13. Carl Baudenbacher
    Pages 157-183
  14. Carl Baudenbacher
    Pages 185-192
  15. Carl Baudenbacher
    Pages 213-233
  16. Carl Baudenbacher
    Pages 235-249
  17. Carl Baudenbacher
    Pages 251-260
  18. Carl Baudenbacher
    Pages 261-271
  19. Carl Baudenbacher
    Pages 273-277
  20. Carl Baudenbacher
    Pages 315-325
  21. Carl Baudenbacher
    Pages 327-339
  22. Carl Baudenbacher
    Pages 341-357
  23. Carl Baudenbacher
    Pages 359-372
  24. Carl Baudenbacher
    Pages 373-391
  25. Carl Baudenbacher
    Pages 393-410
  26. Carl Baudenbacher
    Pages 411-416
  27. Carl Baudenbacher
    Pages 417-454
  28. Carl Baudenbacher
    Pages 455-482
  29. Carl Baudenbacher
    Pages 483-493
  30. Back Matter
    Pages 495-520

About this book

Introduction

This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work.

It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out.

The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself.

The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law.

Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

Keywords

Independence of Judges Courts and Politics Market vs Mercantilism Brexit and EEA Switzerland and EEA European Union Brexit European Free Trade Association Judicial Independence International Courts EFTA Court European Economic Law European Economic Area

Authors and affiliations

  • Carl Baudenbacher
    • 1
  1. 1.Urumea AGSt. GallenSwitzerland

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-030-02308-9
  • Copyright Information Springer Nature Switzerland AG 2019
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-030-02307-2
  • Online ISBN 978-3-030-02308-9
  • Series Print ISSN 2365-0613
  • Series Online ISSN 2365-0621
  • Buy this book on publisher's site
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