Luxembourg, 15/07/2005 (Agence Europe) - At their COREPER meeting, representatives of the Member States have not yet been able to establish a list of seven judges for the new Civil Service Tribunal, set up to rule on cases brought by European officials against their employers, EU institutions and bodies.
On Thursday, COREPER examined a list drafted by a selection committee, which the Council must use to select the Civil Service Tribunal's seven judges (see EUROPE 8986). Three Member States, namely Spain, Portugal and Italy, will not accept the list. By order of merit, the list is topped by Paul Mahoney (the UK), Stephane Gervasoni (France), Horst Peter Kreppel (Germany), Sean Van Raepenbusch (Belgium), Hakki Kanninen (Finland), Charisios Tagaras (greece) and Irena Boruta (Poland). They are followed by Rita Ciccone (Italy), Julian Curral (UK), Dominique Maidani (France), Michael Ahlt (Germany), Kieran Bradley (Ireland), Ricardo Da Silva (Portugal) and Jevgenijs Salims (Latvia). Only the first seven can be selected using this procedure. The COREPER President has to convince the three Member States in question to accept the list because a unanimous decision is required. COREPER will meet again on Wednesday 20 July.
The list has been subject criticism from the start. Some argue that the Selection Committee overstepped its powers by drafting a list of 14 names by order of merit. They argue that the Council alone should be responsible for deciding on geographical distribution criteria and the national legal system represented, based on a list of at least 14 candidates. Others criticise the unusually low level of women 'of merit'. French observers criticise over-representation of members of the French 'Conseil d'Etat' in high-ranking European jobs (including former judge Yves Galmot on the Selection Committee, judge Jean-Pierre Puissochet at the European Court of Justice, and Hubert Legal at the European Court of First Instance).
For the first time, the judges will be appointed by a Council decision, which will give the two hundred and forty unsuccessful candidates for the new Tribunal the option of taking their case to the Court of First Instance, if they feel they have been unfairly ruled against.