Electing team Strasbourg: professional diversity on the European Court of Human Rights and why it matters

Dzehtsiarou, K. and Schwartz, A. (2020) Electing team Strasbourg: professional diversity on the European Court of Human Rights and why it matters. German Law Journal, 21(4), pp. 621-643. (doi: 10.1017/glj.2020.36)

Abstract

Reforms to the process for electing judges to the European Court of Human Rights have generally focused on identifying the most qualified individual candidates. This Article argues for a more holistic approach, advancing a theory of why professional diversity on the European Court of Human Rights is an asset in collegial decision making. The results of original interviews with several Strasbourg judges are presented, followed by an empirical analysis of the professional backgrounds of all judges elected to the European Court of Human Rights since 1998. Although the interviews indicate that the judges themselves see the value of professional diversity, the quantitative evidence suggests a trend in the direction of a more professionally homogenous bench. The Article concludes with some suggestions for how the promotion of professional diversity might be appropriately pursued in future reforms to the process for electing Strasbourg judges.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Schwartz, Dr Alex
• Authors: Dzehtsiarou, K., and Schwartz, A.
• College/School: College of Social Sciences > School of Law
• Journal Name: German Law Journal
• Publisher: Cambridge University Press
• ISSN: 2071-8322
• ISSN (Online): 2071-8322
• Published Online: 19 May 2020
• Copyright Holders: Copyright © 2020 The Authors
• First Published: First published in German Law Journal 21(4): 621-643
• Publisher Policy: Reproduced under a Creative Commons License