Working document in view of the 3 DH-SYSC-I meeting

14 DH-SYSC-I (2017)010
sufficient practical (judicial) experience in domestic legislation; as noted by the CDDH in
its report and also highlighted in recent contributions following the “open call”. This
requirement is closely linked to the possession of “qualification required for appointment
to high judicial office” or to the qualification of “jurisconsult of recognized competence”
in accordance with Article 21§1 of the Convention. It should also be highlighted that the
CDDH, in its aforementioned report underlined the importance of an additional
qualification, namely the “knowledge of general international law”, and concluded that it
should be considered whether both requirements should be more clearly stipulated in the
Convention. 26
40. It should thus be considered whether a possible formalization of the importance of
both qualities would need to be made within the Convention or via a revision of the CM
Guidelines. The qualities already appear in Guideline II. 4). Regarding the specific
content of the first requirement, if it were formalized, the following should be taken into
account by the Drafting Group:
- the current Guidelines II. 2. and 4. read in conjunction with the explanation and
good practice appearing in the explanatory memorandum:
Candidates shall possess the qualifications required for appointment to high judicial office or be
jurisconsults of recognised competence.
The requirement relating to the qualifications and competence of judges of the Court is contained in Article
21 of the Convention, which is binding on States as a matter of international treaty law. This implies that
candidates must also possess these attributes. They must be professionally qualified and competent to
exercise the office of judge at the Court. This may be reflected in requirements for specific qualifications or
a certain length of experience, possibly fixed.
Examples of good practice include the following:
Applicants must have at least a Master’s degree in law and practical experience in legal affairs. They must
fulfil the criteria for judges in Estonia as set out in art. 47 of the Court’s Act (Estonia).
Applicants must show a high level of achievement and experience (Ireland).
Candidates must meet the requirements for election to judge of either the Constitutional or the Supreme
Court (Slovenia).
Candidates must meet the requirements for appointment to higher national courts or be of equivalent
professional standing (Poland, United Kingdom).
26 § 177.