Judicial Independence: Memoirs of a European Judge (Springer Biographies)

"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." Front Matter ....Pages i-xxxix My Pre-court Life (Carl Baudenbacher)....Pages 1-7 EFTA Court Judge by Chance (Carl Baudenbacher)....Pages 9-15 The EEA—One Area with Two Courts (Carl Baudenbacher)....Pages 17-38 The Legacy of the Five-Member Court (Carl Baudenbacher)....Pages 39-44 Resurrection from the Dead (Carl Baudenbacher)....Pages 45-50 The Member States—An Unholy Alliance (Carl Baudenbacher)....Pages 51-70 ESA—The Great Negotiator (Carl Baudenbacher)....Pages 71-88 Preliminary References: All Options Open? (Carl Baudenbacher)....Pages 89-108 A Matter of Interpretation (Carl Baudenbacher)....Pages 109-126 War Over Constitutional Principles (Carl Baudenbacher)....Pages 127-137 Two Early Landmark Cases: Veronika’s Struggle and Enriched Cereals (Carl Baudenbacher)....Pages 139-148 Fundamental Rights—The EFTA Court Amends the Law (Carl Baudenbacher)....Pages 149-155 Putting the EFTA Court on the Map (Carl Baudenbacher)....Pages 157-183 The Economics of EEA Single Market Law (Carl Baudenbacher)....Pages 185-192 Fundamental Freedoms and the Cursed Proportionality Test (Carl Baudenbacher)....Pages 193-211 Competition Law—A Rare Pleasure (Carl Baudenbacher)....Pages 213-233 State Aid Control—A More Frequent Pleasure (Carl Baudenbacher)....Pages 235-249 Secondary EEA Law—A Wide Sphere (Carl Baudenbacher)....Pages 251-260 Free Movement of Persons and Social Policy (Carl Baudenbacher)....Pages 261-271 Where’s the Beef? (Carl Baudenbacher)....Pages 273-277 Judicial Dialogue Between the ECJ and the EFTA Court (Carl Baudenbacher)....Pages 279-302 The Norwegian Social Model on the Brink of a Downfall? (Carl Baudenbacher)....Pages 303-313 The Failed Decapitation of Kong Carl (Carl Baudenbacher)....Pages 315-325 “Room for manoeuvre” for Norway! (Carl Baudenbacher)....Pages 327-339 The Icesave Saga (Carl Baudenbacher)....Pages 341-357 Gunfight at the Oslo Corral (Carl Baudenbacher)....Pages 359-372 Working Methods and Judicial Style (Carl Baudenbacher)....Pages 373-391 Attack on the EFTA Court’s Integrity (Carl Baudenbacher)....Pages 393-410 The Commission—The EFTA Court’s Patron Saint? (Carl Baudenbacher)....Pages 411-416 Switzerland—From EU-phobia to EU-philia? (Carl Baudenbacher)....Pages 417-454 Brexit—No to an ‘Ever Closer Union’ (Carl Baudenbacher)....Pages 455-482 “Two Souls in Europe’s Breast” (Carl Baudenbacher)....Pages 483-493 Back Matter ....Pages 495-520 "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."-- Back cover