European Court of Justice lacks control, says former EFTA president

The European Court of Justice (ECJ) is largely composed of individuals from political spheres rather than legal backgrounds, according to Dr. Carl Baudenbacher, former president of the EFTA Court. Baudenbacher expressed concerns about the court's composition, suggesting that many judges are former foreign ministers, shaped more by political environments than legal principles.

Speaking after a lecture on the European Union, Baudenbacher highlighted the ECJ's significant power, comparing it to the second most powerful court globally after the U.S. Supreme Court. He argued that the court is difficult to control, partly due to its size, which includes 27 judges and approximately 3,000 staff members. Baudenbacher also criticized the court's use of secret elections for judges, which he believes prevents individual judges from being held accountable for their votes.

Furthermore, Baudenbacher pointed to the ECJ's official language, French, as a potential influence. He suggested that this linguistic requirement means all judges must have at least one French-speaking staff member, potentially giving the "French way of thinking" a direct impact on the court's decisions. He contrasted this with the EFTA Court, which he said provides clearer explanations for its rulings, compelling member states to understand the reasoning rather than simply accepting decisions without explanation.

Baudenbacher's critique suggests a lack of transparency and accountability within the ECJ, stemming from the political backgrounds of its judges, the secrecy surrounding its elections, and the influence of its official language. He implied that these factors contribute to a perception that the court's decisions are not always based on purely legal grounds and can be opaque to those affected.