Resolution adopted by the ELDR Congress 2008 in Stockholm

Independence of the judiciary

The European Liberal Democrat and Reform Party, convening in Stockholm, Sweden, on 30th and 31st October 2008:

Considering that:

-        Article 47 of the Charter of Fundamental Rights of the European Union (2007/C 303/01) sanctions the right of everyone to a fair and public hearing by an independent and impartial tribunal.

-        On the basis of Article 220 of the EC Treaty, the Court of Justice is in charge of ensuring that the law is observed in the interpretation and application of the Treaty.

-        Article 223 of the EC Treaty provides for a renewable six-year mandate for the members of the Court of Justice,

Noting that:

-        The possibility of re-appointment set up by the existing system could compromise the independence of the members of the Court of Justice, thus engaging them in continuous bargaining with their appointing States.

-        The six-year mandate could not be long enough to ensure the consistency of the decisions being made by the Court of Justice.

Calls for:

Fostering independence and consistency of the EU judicial system through the provision of a non renewable nine-year mandate for the members of the Court of Justice.