The members of the court of justice

Trimis la data: 2010-11-16
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- Chosen from person who are beyond any doubt and who possess the qualifications required for the appointment to the highest judicial office in their respective countries or who are jurist consults of recognized competence
- They are nominated by the common agreement of the member states with the opinion of a special committee composed of 7 members designated by the council among former judges or advocates general, members of supreme court of member states or jurist consults of recognized qualification

Cursuri similare:

- In the court of justice, there are 8 advocates general, 5 of them coming from France, Italy, Spain, Germany and Great Britain have a permanent position, the other 3 are rotating
- To the tribunal, with members just judges, 1 per member state nominated in the same way as judges or advocates general for the court of justice
- Finally, to the specialized tribunal, the only one existing having a civil servant function, it was created in 2004, based on a council's decision from 2003 and began its activity in 2005
- This specialized tribunal was attached to the tribunal and he delivered its first ruling in 2006

- Here, there are only 7 judges, nominated by the Council based on the common agreement of member states
- To each court, the judges elect among them the president of the court for 3 year period of time, the term of office can be renewed for the same person
- Also, at the mid-term, half of the judges and advocates general have to be replaced but the same person can be re-nominated
- The courts judge in panel of judges if 3 or 5
- The judges from the tribunal can exercise also the functions of the advocates general

- The presidents of the courts have administrative and representation functions; the main administrative function is to decide at the beginning of each period the repartition of cases to different panels
- The procedure used in front of the courts is provided by the status of the court of justice because the tribunal and specialized tribunal do not have their own status

- The procedure is a public procedure, is a contradictory procedure because each part has to sustain its claims which are ...?!
- The procedure is a mixed procedure because it has an oral stage(first) and (second) written stage; between them it can be included a preparatory phase for testimonies, expertizes and other similar procedures

- During the oral phase of the procedure, based on the request of plaintiff, the court sends all the information to the defendant (actually the registry); this one has the right to ask, to explain the situation from his point of view and which will be the evidence brought; against this answer, the plaintiff has the right to reply, then the defendant in his turn may reply
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