Ethical Standards for Members and Staff at the Court of Justice of the European Union

The Court of Justice of the European Union requires the highest standards of integrity and discretion from everyone that works there. These standards apply to all Judges, Advocates General and Registrars of the Court, collectively referred to as its “Members”. The standards also apply after the Member leaves the Court. Similarly high standards also apply to its staff.

These ethical standards can be found in a number of binding documents, notably the EU Treaty, the Court’s Statute and the EU’s Staff regulations. All of these requirements have been implemented by two Codes of Conduct adopted by the Court. There is one Code for Members and another for staff. Together, these constitute the cornerstone of the Court’s ethical framework.

Members

The Code of Conduct

The Code of Conduct for Members brings together and clarifies the obligations and standards imposed on the Members by the Treaty, the Statute of the Court and the Rules of Procedure. The Code states that Members must devote themselves fully to their work at the Court. They must act with complete independence, integrity, dignity and impartiality and with loyalty and discretion. It applies to both current and former Members of the Court.

The Code in practice

Independence, integrity and dignity

To ensure the independence of Members, they cannot seek or follow any instructions from Member States or other EU institutions. They are not allowed to accept gifts that might call into question their independence. They cannot act or express themselves in a way that calls into question their independence, integrity or the dignity of their office.

Impartiality and conflicts of interest

They should avoid any situation that could give rise to an actual or perceived conflict of interest. To this end, they cannot participate in cases in which they may have an interest, or where they have previously acted for one of the parties.

To ensure greater transparency in this regard, when Members take office, they must submit a declaration of interests to the President listing their financial holdings. This information, along with the Member’s CV, is published in the Members’ section of the Court’s website. Members renew this declaration whenever their situation changes and with each 3-year renewal of the Court.

External activities

If a Member wants to take part in an external activity, they must get approval from the General Assembly of their Court.

This concerns different types of activities that are closely related to their work at the Court, including:

Activities where the Member is officially representing the Court at an event or ceremony.
Activities where the Member is furthering the European interest. These may be:
- Participating in a conference, seminars or any activities promoting EU law or judicial dialogue;
- Teaching;
- Participating in a meeting at the invitation of, or that is being attended by, a public figure; or
- Receiving a title, honour or decoration.

The Court publishes an annual list of these activities. Where applicable, the list also includes the expenses borne by the Court in relation to the Member’s authorised activity.

After leaving office

The Code continues to apply to Members even after they leave the Court. Former Members must continue to act with integrity, dignity, loyalty and discretion.

After leaving office, they cannot be involved in

any cases that were pending at the Court when they left office
any cases that are clearly connected to cases they dealt with at the Court
any cases before the Court for a period of 3 years as a representative of a party

Staff

The Code of Conduct for Court staff requires them to demonstrate exemplary behaviour, upholding the highest standards of ethics and the values driving European justice.

Just like the Members, Staff must act with complete independence, impartiality, integrity and loyalty. They should also avoid any conflict of interests. Any external activities must be approved by the Court.

Staff should avoid damaging the Court’s authority, dignity or image and ensure confidentiality is protected, especially in the use of technology or social media.

They must treat colleagues and anyone contacting the Court with civility and avoid any inappropriate, offensive or discriminatory behaviour.

Just as the Members, the obligation to maintain confidentiality and discretion continues to apply even after leaving the Court, and former staff must show tact and honesty in accepting certain functions or benefits. Due to the special nature of their work, the Code also includes specific rules for managers and for those who work directly with Judges.