Appointment and Dis-Appointment at the CJEU: Part I – The FV/Simpson Litigation

In: The Law & Practice of International Courts and Tribunals
Kieran Bradley Former Judge of the EU Civil Service Tribunal Luxembourg Luxembourg
Former Special Adviser to the EU Court of Justice on Brexit and General Staff Matters Luxembourg Luxembourg

Search for other papers by Kieran Bradley in
Current site
Google Scholar
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution


Buy instant access (PDF download and unlimited online access):



This first part of a two-part article examines the rulings of the General Court and the Court of Justice concerning the irregular appointment in 2016 of a judge to the Union’s Civil Service Tribunal (now abolished). The CJEU was acting more or less in tandem with the European Court of Human Rights in the case of Ástráðsson v. Iceland; between them, these courts have confirmed for their respective legal orders that the right to a fair trial before a “tribunal established by law” includes a requirement that the judge(s) be appointed in accordance with the predetermined procedure. This requirement is not, however, absolute, but seeks ultimately to safeguard the independence and impartiality of the judiciary; it must therefore be balanced with other fundamental values, such as legal certainty and the irremovability of judges. The Simpson ruling may also have a certain resonance at the national level, as well as showcasing the CJEU’s remarkable “review” procedure, now in abeyance.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 499 59 16
Full Text Views 72 16 1
PDF Views & Downloads 159 37 3