Irish judge makes legal history in Europe

The European Court of Justice swore in its first woman judge in its 47-year history when Ireland's Judge Fidelma Macken joined its ranks yesterday.

Judge Macken, who has been appointed to serve on the EU's Luxembourg-based court until October 6th, 2003, replaces Judge John Murray, who has resigned to join the Supreme Court.

In a farewell speech to the ECJ's "audience solennelle", Judge Murray paid tribute to Judge Macken, whose qualities, he said, would be sorely missed in the High Court. "Ireland's loss is clearly Europe's gain," he said.

Judge Murray appealed to member-states, in their preparations for the next treaty-changing Inter-Governmental Conference, "to give full support and the priority necessary to the resolution of the complex questions concerning the future reform and structure of the Community judicial system". He said it was "essential" that this be done.

"The Court of Justice is probably now at the limit of its functional capacity," Judge Murray warned.

"Without the appropriate resources and structures there is a risk that the collegial nature of the court would be undermined and that, instead of being an occasion for discussion, debate and reflection, the judicial conference will tend towards a committee procedure in which its members, perforce, declare their position rather than engage in open debate.

"Such an evolution could alter our judicial culture, making it too result-orientated and putting at risk its consistency."

Paying warm tribute to his colleagues and the court's staff, Judge Murray noted wryly, for the benefit of those who thought he was departing from European law, that his first case, next Tuesday, concerns an interpretation of the Brussels Convention.

"Plus ca change. Who knows but that my first task may be to enter into a dialogue with my former colleagues by way of a reference under Article 234 of the treaty. Thus, although a national judge, I remain a Community judge."

Judge Macken (54), nee O'Kelly, was called to the Bar in 1972 and the Inner Bar in 1995. She is also a member of the Bar of England and Wales and was appointed to the High Court in 1998. She has been a lecturer in legal systems and methods as well as being Averil Deverell Lecturer in Commercial Law at Trinity College Dublin.

She is a bencher of the King's Inns.