Silence is Not Always Golden:
The Consent of the Judge as a Prerequisite for the Promotion
to the Top-rank Posts of the Judiciary
and the Meaning of such Consent under the Constitution
Greek Council of State Judgment 435/2019 in Plenary Session
Assistant Judge at the Council of State
With its 435/2019 judgment in plenary session, the Greek Council of State addressed some major issues regarding the conditions of admissibility and the limits of judicial review in case of an act of promotion to a top-rank post of the judiciary being challenged by the person who has been promoted. Despite the prima facie favorable nature of such an act, the Court held that, under the circumstances of the case, the applicant had a legal interest to challenge her appointment to the post of the General Commissioner of the Court of Audit. Furthermore, the Court ruled that the consent of the judge is a prerequisite for appointment to this post, the non-explicit opposition of the nominated judge after the notification of the relevant promotion recommendation to the competent body being regarded as such consent.
