Ginevra Cerrina Feroni

The administrative Judiciary's indipendence across EU member States. Comparative perspectives

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Abstract

Judicial Councils and other self-government bodies have become a worldwide phenomenon. These institutions aim to safeguard the judiciary from politics, to enhance its independence and to ensure judicial accountability. The essay, by using the public law comparative method and evidence, investigates the different forms of Judicial self-government in the European Union Member States, with a special focus on the Administrative Law judges' status. Building on the comparative analysis of the domestic judiciaries' independence, accountability, transparency and legitimacy in the EU Member States, the article discusses the nature, powers, functions and the legitimacy of the French, Italian, Portuguese and British Administrative Law Councils. The analysis highlights how contemporary European democracies tend to extend Judicial Councils' influence and discusses the adequate institutional framework to guarantee the independence of the Administrative law judges.

Keywords

  • Judicial Councils
  • Administrative Justice
  • Administrative Law
  • Independence of the Judiciary
  • EU
  • France
  • Italy
  • Portugal
  • UK
  • Consiglio di Presidenza della Giustizia Amministrativa

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