Rosario Silva de Lapuerta (born 15 June 1954 in Madrid) is a Spanish jurist who served as a judge at the

European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...

(CJEU) between 7 October 2003 and 7 October 2021 and since 9 October 2018 as a Vice-President of the CJEU.

Early years and education

Silva de Lapuerta was born in Madrid on 15 June 1954. Her father was the Francoist minister

Federico Silva Muñoz Federico Silva Muñoz (28 October 1923 – 12 August 1997) was a Spanish politician who served as Minister of Public Works of Spain between 1965 and 1970, during the Francoist dictatorship. References

1923 births 1997 deaths Public work ...

and she is also the older sister of Marta Silva Lapuerta, Solicitor General from 2012 to 2016. She attained a Bachelor/Master of Laws at the Complutense University of Madrid.

Career

Career in Spain

On July 11, 1978 – five months before the Constitution of Spain was approved – Silva de Lapuerta was the first woman to enter in

State Lawyers Corps The State Lawyers Corps (Spanish: ''Cuerpo de Abogados del Estado'') is a body of top civil servants in Spain, dependent on the Solicitor General of the State, itself organically integrated (currently) within the Ministry of Justice. It was crea ...

in Spain. In 1978, she succeeded in her admission to the body of public prosecutors by civil service examination, becoming Abogado del Estado in

Málaga Málaga (, ) is a municipality of Spain, capital of the Province of Málaga, in the autonomous community of Andalusia. With a population of 578,460 in 2020, it is the second-most populous city in Andalusia after Seville and the sixth most pop ...

; then at the Legal Service of the Ministry of Transport, Tourism and Communication and, subsequently, at the Legal Service of the

Ministry of Foreign Affairs In many countries, the Ministry of Foreign Affairs is the government department responsible for the state's diplomacy, bilateral, and multilateral relations affairs as well as for providing support for a country's citizens who are abroad. The entit ...

. Silva de Lapuerta became Head Abogado del Estado of the State Legal Service for Cases before the

Court of Justice of the European Communities The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg ...

and Deputy Director-General of the Community and International Legal Assistance Department at the Ministry of Justice; a member of the Commission think tank on the future of the Community judicial system; the Head of the Spanish delegation in the ‘Friends of the Presidency' Group with regard to the reform of the Community judicial system in the

Treaty of Nice The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty (or the Treaty on European Union) and the Treaty of Rome (or the Treaty establishing the European Co ...

and of the Council of the European Union ad hoc working party on the European Court of Justice.

European Court of Justice

Silva de Lapuerta has been a judge at the European Court of Justice since 7 October 2003. In 2014, her term was renewed until 6 October 2021. She has been serving as the court's Vice President since 9 October 2018, alongside President

Koen Lenaerts Koen Lenaerts, Baron Lenaerts (; born 20 December 1954 in Mortsel) is a Belgian jurist and the President of the Court of Justice of the European Union. He is also a Professor of European Law at the Katholieke Universiteit Leuven and was a member ...

. During her time at the CJEU, Silva de Lapuerta notably signed a 2018 ruling that said Ireland had the right to refuse to hand over an alleged drug dealer to Poland if its judiciary determined that the accused would not receive a fair trial there. She also authored a later decision ordering Poland to “immediately” suspend changes to the country's

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

and reinstate judges dismissed in what was widely seen as a purge of the country's judiciary. In a 2021 preliminary

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...

, Silva de Lapuerata ordered Poland to cease extraction activities at the

Turów Coal Mine The Turów coal mine ( pl, Kopalnia Węgla Brunatnego Turów S.A.) or KWB Turów, is a large open pit mine in the southwest of Poland, located outside Bogatynia, Lower Silesia. It feeds the nearby Turów Power Station. The mine is scheduled to be s ...

near the Czech and German borders for the duration of a lawsuit filed by the Czech Republic challenging the mine's permit. She ended her term at the CJEU on 7 October 2021. In addition to her work as judge, Silva de Lapuerta is also professor of community law at the Diplomatic School in Madrid and co-director of the journal '' Noticias de la Unión Europea''.

Distinctions

In 2003, Silva de Lapuerta was awarded the Grand Cross of the Order of Civil Merit. She was also awarded the Grand Cross of Saint Raymond of Peñafort on December 15, 2020.

References