Ole Due
Encyclopedia
Ole Due was a Danish
judge
and the President of the European Court of Justice
.
Ole Due was born on 10 February 1931 in Denmark
. He had a successful career at the Danish Ministry of Justice
, culminating in his appointment as Director. He was notably involved with the implementation of the European Community acts at the time of the enlargement in 1973 when Denmark, the United Kingdom and Ireland became members of the European Economic Community
and was involved in the drawing up of the Treaty of Accession. He became Adviser ad interim to the Østre Landsret (Eastern High Court of Appeal) in Copenhagen
in 1978. Due was also a member of the Danish delegation to the Hague Conference on private international law. He was appointed a Judge of the European Court of Justice
from 7 October 1979 to 6 October 1988, in succession to the immensely respected Max SØRENSEN. He was elected President of the Court of Justice from 7 October 1988 to 6 October 1994. He died on 21 January 2005.
Due's membership of the Court coincided with vast changes in that Institution's life. First, the accessions of Greece in 1981, Spain
and Portugal
in 1986 enlarged the membership of the Court. Second, the impetus given to the Community through the Single European Act
and the Delors
Presidency in general saw a vast growth in the work-load of the Court. This led to the establishment in 1989 of the European Court of First Instance during the Due Presidency aimed at transferring part of the workload of the European Court of Justice. In the period 1979 to 1994, the Court also became a far more exposed institution, whose real powers were gradually recognised. This culminated in the attribution to the Court the power to impose monetary penalties on Member States for their failure to obey Community law, introduced by the Treaty of Maastricht.
Due was also responsible for the huge extension of the Court buildings in Luxembourg, to house the new Court of First Instance, and to give permanent accommodation to the institution's large staff.
As President of a court which rarely voted by majority and gave only en banc judgments, Due had to ensure the adhesion of judges to judgments which they personally may have opposed but were required to sign. He also had to negotiate skilfully between the very disparate wings of the Court's membership, from those with a Statist view to those with an integration-led vision. It was a difficult balancing act, coming as he did from a Statist background. The fact that he was re-elected President unopposed in 1991 shows that he got the balance right.
A man of exceptional modesty, Due was allegedly embarrassed by the contrast in his working conditions in Luxembourg with a personal staff of 7 and a large suite of luxurious offices, with those of he members of the Højesteret
(Supreme Court of Denmark) all working together in a single library. Legend has it that when he used to attend meetings in Denmark, he would leave his chauffeur-driven car around the corner, and proceed to walk to his appointment.
In his manner, he was understated and retiring. He was however a most determined and effective negotiator, a skill which stood to him as a member of the European Court. As an administrator at a time of great expansion in the Institution composed of the Court of Justice and the Court of First Instance, he was exceptionally effective and transparent in his administrative decision-making.
He was a member of the Governing Body of the Academy of European Law from 1992 to 1994. He received a number of foreign honours.
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and the President of the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
.
Ole Due was born on 10 February 1931 in Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
. He had a successful career at the Danish Ministry of Justice
Ministry of Justice of Denmark
Ministry of Justice of Denmark is the Danish government ministry responsible for the general judicial system, including the police and the prosecution service, the courts of law, and prisons and the probation service...
, culminating in his appointment as Director. He was notably involved with the implementation of the European Community acts at the time of the enlargement in 1973 when Denmark, the United Kingdom and Ireland became members of the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
and was involved in the drawing up of the Treaty of Accession. He became Adviser ad interim to the Østre Landsret (Eastern High Court of Appeal) in Copenhagen
Copenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
in 1978. Due was also a member of the Danish delegation to the Hague Conference on private international law. He was appointed a Judge of the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
from 7 October 1979 to 6 October 1988, in succession to the immensely respected Max SØRENSEN. He was elected President of the Court of Justice from 7 October 1988 to 6 October 1994. He died on 21 January 2005.
Due's membership of the Court coincided with vast changes in that Institution's life. First, the accessions of Greece in 1981, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
in 1986 enlarged the membership of the Court. Second, the impetus given to the Community through the Single European Act
Single European Act
The Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy...
and the Delors
Jacques Delors
Jacques Lucien Jean Delors is a French economist and politician, the eighth President of the European Commission and the first person to serve three terms in that office .-French Politics:...
Presidency in general saw a vast growth in the work-load of the Court. This led to the establishment in 1989 of the European Court of First Instance during the Due Presidency aimed at transferring part of the workload of the European Court of Justice. In the period 1979 to 1994, the Court also became a far more exposed institution, whose real powers were gradually recognised. This culminated in the attribution to the Court the power to impose monetary penalties on Member States for their failure to obey Community law, introduced by the Treaty of Maastricht.
Due was also responsible for the huge extension of the Court buildings in Luxembourg, to house the new Court of First Instance, and to give permanent accommodation to the institution's large staff.
As President of a court which rarely voted by majority and gave only en banc judgments, Due had to ensure the adhesion of judges to judgments which they personally may have opposed but were required to sign. He also had to negotiate skilfully between the very disparate wings of the Court's membership, from those with a Statist view to those with an integration-led vision. It was a difficult balancing act, coming as he did from a Statist background. The fact that he was re-elected President unopposed in 1991 shows that he got the balance right.
A man of exceptional modesty, Due was allegedly embarrassed by the contrast in his working conditions in Luxembourg with a personal staff of 7 and a large suite of luxurious offices, with those of he members of the Højesteret
Supreme Court of Denmark
The Supreme Court of Denmark is the supreme court and the third and final instance in all civil and criminal cases in Denmark. It is based at Christiansborg Palace in Copenhagen which also houses the Danish Parliament.-History:...
(Supreme Court of Denmark) all working together in a single library. Legend has it that when he used to attend meetings in Denmark, he would leave his chauffeur-driven car around the corner, and proceed to walk to his appointment.
In his manner, he was understated and retiring. He was however a most determined and effective negotiator, a skill which stood to him as a member of the European Court. As an administrator at a time of great expansion in the Institution composed of the Court of Justice and the Court of First Instance, he was exceptionally effective and transparent in his administrative decision-making.
He was a member of the Governing Body of the Academy of European Law from 1992 to 1994. He received a number of foreign honours.
External links
- European Court of Justice Official site