GENERAL ASPECTS OF THE LEGAL STATUS OF A JUDGE COURT OF JUSTICE OF THE EUROPEAN UNION

Abstract

Abstract. In article are comprehensively examines the structure of the legal status of a judge of the Court of Justice of the European Union and the main legal acts of the European Union which determine such legal status. The legal basis for the functioning of the European Union judicial system and the formation of the judicial body are the Treaty on the European Union, the Treaty on the Functioning of the European Union, the Statute of the Court of Justice of the European Union, the Rules of Procedure of the Court of Justice of the European Union with the following amendments and additions, Recommendations to national courts and tribunals on the initiation of prejudicial proceedings etc. The legal status of a judge of the Court of Justice of the European Union is a complex of interrelated rights, duties and powers determined by the specifics of professional activity, which consists in the administration of justice within the framework of the legal system of the European Union. The founding treaties of the European Union, the Statute and Rules of the Court of Justice of the European Union generally regulate the following elements of the legal status of a judge: legal personality, rights and duties of judges (organizational, procedural, etc.); separate principles of the legal status of judges (changeability, incompatibility of activities, etc.); legal responsibility of judges (in particular, disciplinary); requirements for judges (unquestionable independence, necessary qualifications, recognized competence, etc.); appointment to the position of a judge (procedure for occupying the position of a judge); oath of judges (including its text); qualification level of judges (depends on the requirements determined by the national legislation of the country delegating the judge); dismissal of judges from office and termination of their powers (replacement of a judge, his resignation or death, dismissal). The experience of the member states of the European Union shows that the development of the national legal system and the introduction of European Union law into it will largely depend on the decisions of the judiciary. Qualitative changes within the framework of judicial reform in Ukraine, aimed at the implementation of European Union standards regarding the legal status of judges, can be considered one of the prerequisites for Ukraine’s accession to the European Union.