Judicial Independence Memoirs of a European Judge
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 gen
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Judicial Independence Memoirs of a European Judge
CARL BAUDENBACHER
Springer Biographies
More information about this series at http://www.springer.com/series/13617
Carl Baudenbacher
Judicial Independence Memoirs of a European Judge
123
Carl Baudenbacher Urumea AG St. Gallen, Switzerland
ISSN 2365-0613 ISSN 2365-0621 (electronic) Springer Biographies ISBN 978-3-030-02307-2 ISBN 978-3-030-02308-9 (eBook) https://doi.org/10.1007/978-3-030-02308-9 Library of Congress Control Number: 2018959253 © Springer Nature Switzerland AG 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface
The present narrative is the product of the twenty-two and a half years I spent as a Judge on the EFTA Court, fifteen of which as the Court’s President. It covers the creation of the EEA Agreement, which extended the EEC Single Market to the participating EFTA States in 1994, a process that has greatly affected millions of lives including my own. While the book is based on my experiences on the EFTA Court bench, much of what is discussed is relevant to international courts in general and to parties and participants appearing before them. I have sought throughout these reflections to make this distinct area of the law accessible to the widest audience possible. The work’s recurring theme is judicial independence and impartiality. According to general belief, independence is part and parcel of the role and function of a judge. International and European judges may, however, be placed in a difficult situation in that regard. Owing to the framework of their engagement, in particular their nomination by a government, the nature of their limited-term appointment and the possibility of reappointment, judicial indep
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