Analysis: “Judicially reviewable appointments at the Luxembourg court? A comment on Simpson (C-542/18 RX-II and C-543/18 RX-II)” by Daniel Sarmiento
Advocate General Sharpston has delivered an important Opinion on the sensitive issue of irregularities in the appointment procedure of EU judges. What on earth happens when the appointment of an EU judge is vitiated by an irregularity and the judge nevertheless takes the oath and starts rendering judgments? That is the delicate question underlying the Simpson case, now under a review procedure at the Grand Chamber of the Court of Justice.
The case is as follows: in 2013 the Council made a call for applications to fill two positions at the Civil Service Tribunal. Shortly after, the Council decided on a reform of the General Court that would put an end to the Civil Service Tribunal. In the meantime, the mandate of another judge at t