|
" Judicial Independence : "
Carl Baudenbacher.
| Document Type
|
:
|
BL
|
| Record Number
|
:
|
859741
|
| Main Entry
|
:
|
Baudenbacher, Carl
|
| Title & Author
|
:
|
Judicial Independence : : Memoirs of a European Judge /\ Carl Baudenbacher.
|
| Publication Statement
|
:
|
Cham, Switzerland :: Springer,, [2019]
|
|
|
:
|
, ©2019
|
| Series Statement
|
:
|
Springer biographies
|
| Page. NO
|
:
|
1 online resource
|
| ISBN
|
:
|
3030023087
|
|
|
:
|
: 9783030023089
|
|
|
:
|
3030023079
|
|
|
:
|
9783030023072
|
| Bibliographies/Indexes
|
:
|
Includes bibliographical references.
|
| Contents
|
:
|
Intro; Preface; Prologue; The EEA; The Definition of Independence-Being off Leash; The Independence of the European Judiciary; This Book's Content; Contents; Abbreviations; List of Cases; EFTA Court; Icelandic Courts; Liechtenstein Courts; Norwegian Courts; Swiss Courts; European Union Courts; Austrian Courts; German Courts; Swedish Courts; UK Courts; ECTHR; US Courts; ILO Administrative Tribunal; 1 My Pre-court Life; 1 General; 2 My Socialisation as a Lawyer; 2.1 Studies and First Work Experiences; 2.2 My German Journeyman Travels; 3 University of St. Gallen; 4 University of Texas
|
|
|
:
|
3 Cooperation Between National Courts and Governments4 The Policy of the Three-Member Court; 5 Resurrection from the Dead; 1 What to Do if You Have no Cases?; 2 Succession of Contracts: Part One; 3 Settling in Luxembourg; 4 Succession of Contracts: Part Two; 5 The Beginning of the Dialogue with the EU Courts; 6 The Member States-An Unholy Alliance; 1 Introduction; 2 Iceland; 2.1 Mixed Economy; 2.2 National Character; 2.3 Judiciary; 2.4 Failed Attempt to Join the EU; 3 Liechtenstein; 3.1 Mixed Economy; 3.2 Customs and Currency Union with Switzerland and EEA Membership; 3.3 National Character
|
|
|
:
|
3.4 Judiciary4 Norway; 4.1 Mixed Economy with High Public Ownership; 4.2 National Character; 4.2.1 General Remarks; 4.2.2 Egalitarianism; 4.2.3 Recent Oil and Gas Wealth; 4.2.4 Complacency and a Sense of Mission; 4.2.5 Everything Is Political; 4.2.6 Result: Norwegian Exceptionalism; 4.3 Judiciary; 7 ESA-The Great Negotiator; 1 General; 2 ESA as a Prosecutor-A Promising Start; 3 After 2002: High Fluctuation and Low Action; 3.1 The Course of Things; 3.2 Musical Chairs; 3.3 Oda's Double U-Turn; 3.4 Competition Law in Particular; 3.5 National Supreme Courts Disregarding EEA Law
|
|
|
:
|
4 Judges' Background and Independence4.1 General; 4.2 Official Commitment to Independence and Impartiality; 4.3 Threat to Independence and Impartiality in Practice; 4.4 The EFTA Court's Record; 5 The Backbone of the EEA Agreement; 5.1 Introduction; 5.2 Reciprocity; 5.3 Homogeneity; 5.3.1 Legislative Level; 5.3.2 Judicial Level; 4 The Legacy of the Five-Member Court; 1 General; 2 Important Precedents; 2.1 Access to Justice; 2.2 Legal Nature of "Advisory Opinions"; 2.3 Free Movement of Goods; 2.4 Limits of the Transmitting State Principle; 2.5 Effect
|
|
|
:
|
5 EEA Negotiations2 EFTA Court Judge by Chance; 1 Liechtenstein's Choice of a Judge; 2 Between Austin and Geneva; 3 Flashback: EEA Negotiations; 3.1 Start in Hotel Löwen in Vaduz; 3.2 Advisor to the Princely Government; 3.3 The "Shoals" of the EEA; 3.4 The First Liechtenstein EEA Referendum; 3.5 The Second Liechtenstein EEA Referendum; 3.6 Afterword on the "Shoals"; 3 The EEA-One Area with Two Courts; 1 Introduction; 2 The EFTA Court's Difficult Birth; 2.1 The ECJ's First EEA Opinion; 2.2 The ECJ's Second EEA Opinion; 3 The EEA Judiciary; 3.1 ECJ; 3.2 General Court; 3.3 EFTA Court
|
| Abstract
|
:
|
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 Switzerlands complicated relationship with, and Britains 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.
|
| Subject
|
:
|
Baudenbacher, Carl.
|
| Subject
|
:
|
EFTA Court.
|
|
|
:
|
EFTA Court.
|
| Subject
|
:
|
Judges-- Europe, Biography.
|
| Subject
|
:
|
BIOGRAPHY AUTOBIOGRAPHY-- Lawyers Judges.
|
| Subject
|
:
|
Judges.
|
| Subject
|
:
|
LAW-- Essays.
|
| Subject
|
:
|
LAW-- General Practice.
|
| Subject
|
:
|
LAW-- Jurisprudence.
|
| Subject
|
:
|
LAW-- Paralegals Paralegalism.
|
| Subject
|
:
|
LAW-- Practical Guides.
|
| Subject
|
:
|
LAW-- Reference.
|
| Subject
|
:
|
Europe.
|
| Dewey Classification
|
:
|
340.092
|
| LC Classification
|
:
|
KJC3716
|
| |