Unveiling the EU Courts’ Internal Decision-Making Process: A Case for Dissenting Opinions?

Abstract

The author examines in-depth the arguments speaking pro and contra admitting dissenting (and also concurring) opinions by the judges members of the courts of the European Union. He puts into context the present “opacity” of the EU courts, which decide on the basis of an almost absolute secrecy of their deliberations, which can however be seen as a guarantor of judicial independence insofar as it balances the relatively short term of office and the possible interest of judges in their reappointment. Other aspects considered are the effectiveness of judicial procedure or the internal decision-making process, which might loose speed, persuasiveness and general acceptance if dissenting opinions are admitted. The call for allowing dissenting opinions is perhaps less strongly felt at the level of the ECJ where Advocates General’s conclusions complement the judgments.