part vi • european legal integration • nina-louisa arold lorenz There is an established, mature legal culture at both theECtHRand the CJEU. Instead of division and separation, the legal culture at the European courts renders individual differences unproblematic and largely irrelevant. Congruity and harmony mark the work of the ECtHRand its shared commitment to protect human rights.67 Newcomers are absorbed into this legal culture; into the detail of how the organization works, how to behave, how case law is perceived, how legal arguments are put forward. When gaps are discovered in the law, individual experience from national legal systems are viewed positively and used as inspiration when resolving legal questions. This high level of commitment, however, ensures there are equally high expectations of the judges, and creates peer pressure where some judges are occasionally marginalized.68 Similarly, the CJEUhas developed its own mature legal culture too. What is specific to theCJEUis the dominance of the French legal system in its daily work and the character of theCJEU’s legal culture.69 Judges on the bench attempt to get everyone to agree on an outcome. Of course, votes are taken occasionally. Most of theCJEUjudges, when asked about dissenting opinions, felt being forced into a common reasoning as a positive thing. Rather than simply taking a vote (which would not be traceable from outside) legal arguments are rephrased and softened so that all can agree with the outcome. The reason for this is the judges’ vision of collegiality.70 The interviews were more fragmented on the question of arriving a shared general vision. The judges see themselves as a team (with an esprit de corps) that exists to promote EU law. They are kept together by their common goal, but do not necessarily share individual agendas.71 The research found genuinely interested judges with a passion for 67 See Arold 2007, 79 ff. 68 Ibid. 80. 69 See Arold Lorenz et al. 2013, 121. 70 Ibid. 120. 71 Ibid. 123. 316 Pieces of the kaleidoscope
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