The “255 Committee” and the Procedure for Appointing EU Judges. The (Perhaps Unintended) Implications of the Valancius Judgment

The Valančius judgment addresses for the first time the limits that EU law imposes on Member States when designating candidates for judges and Advocates General at the Court of Justice. While acknowledging that States retain a broad margin of discretion, the Court conducts only a minimal review of the national procedure, finding no issue in Estonia’s decision not to propose the top-ranked candidate. This approach effectively assigns a central, almost decisive role to the Article 255 Committee in safeguarding the legitimacy of the entire appointment process, raising concerns about transparency, institutional balance, and the judicial function itself.