Appointment and Dis-Appointment at the CJEU: Part II – The Sharpston Litigation

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.