The Court of Justice consists of 27 Judges who are assisted by 11 Advocates-General. The Judges and Advocates-General are appointed by common accord of the governments of the member states[7] and hold office for a renewable term of six years. The treaties require that they are chosen from legal experts whose independence is "beyond doubt" and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognised competence.[7] In practice, each member state nominates a judge whose nomination is then ratified by all other member states.[8]

I was trying to figure out what common accord meant and if countries were able to vote and how the votes were counted. I am especially curious to know what happens when there's a tie or several of them and how the whole process is handled


1 Answer 1


Your quote answers the question. There is no "voting". The decision is by unanimity.

There is an understanding (common in Europe) that the judges be non-partisan. The nature of European legal systems means that this is not difficult to achieve.

Each country would have its own internal process for finding a suitable judge. Most European countries have commissions whose role it is to appoint judges, or to recommend appointments of judges to a monarch. Each country would use its internal system to recommend a judge.

There is, surely, a period of informal "soundings", in which diplomats ask informally if any objection would be found to a particular appointment. And so when the formal part of the appointment process begins it proceeds by consensus and unanimity.

This is very very different from the judicial traditions on the other side of the Atlantic. The expectations of judges to be non-partisan is strongly held in Europe


You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .