Electing the ECJ Presidents: Leadership, Presidential Qualities, and Stability of the Presidency

The position of the European Court of Justice (ECJ) President is the most influential one in the functioning of the ECJ. Moreover, the ECJ President ranks among the most powerful court presidents in Europe (Blisa and Kosař, 2018: 2065). Seemingly, the ECJ presidency exhibits a high degree of stability in terms of persons leading the Court. In fact, the vast majority of the ECJ Presidents held the presidential office for more than one term. In other words, despite a relatively short mandate granting the ECJ judges the possibility to elect their President every three years, the ECJ judges seem to prefer a lack of alternation in the position of ECJ President. Building on the observation of repeated re-elections and long-term presidencies at the ECJ, this article addresses two overarching research questions: first, whether the pattern of ECJ Presidents’ re-election represents a unique phenomenon from a comparative perspective, and second, what factors account for the stability of the ECJ presidency. To answer these questions, the article pursues four research aims. The first is to situate long-term ECJ presidencies within a broader comparative perspective by examining other supranational and international courts and tribunals. The second aim is to uncover the process by which ECJ Presidents are elected and re-elected. The third is to explain the observed stability of the ECJ presidency over time. Finally, the fourth aim is, assuming that ECJ judges have their preferences on who should lead the Court and their motivations for voting for a particular candidate, to identify the qualities that ECJ judges value when choosing their President, shedding light on the personal and professional attributes that underpin leadership at the Court. The first aim will be accomplished by the analysis of international treaties, courts’ statutes and rules of procedure and historical records on persons holding presidencies at 24 supranational and international courts and tribunals. For addressing aims 2-4, a series of semi-structured elite interviews with current and former ECJ judges, référendaires, scholars and practitioners with an expert knowledge of ECJ’s internal functioning will be conducted.