Abstract

Abstract This second and concluding part of a two-part article considers the annulment actions by Advocate General Sharpston of the CJEU seeking to challenge the premature termination of her term of office as a result of a decision of the Member State governments, following withdrawal of the United Kingdom from the European Union. While in its case law the Court of Justice has been in the vanguard in ensuring the protection of judicial independence in the courts of the Member States and the right of judges to a review of decisions entailing their dismissal, Ms. Sharpston’s proceedings were rejected by both the General Court and on appeal the Court of Justice essentially on grounds of lack of jurisdiction. The Courts’ reasoning is incomplete and unconvincing, and doubts remain as to whether the former Advocate General has been afforded effective judicial protection of her claimed right to finish out her term of office.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.