Views
1 year ago

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

DH-SYSC-I(2017)010__EN

2

2 DH-SYSC-I (2017)010 INTRODUCTION ............................................................................................................... 3 I. THE SELECTION PROCEDURE ...................................................................... 9 A. National selection procedures ........................................................................... 9 B. The selection criteria ........................................................................................ 12 C. The role of the Advisory Panel in the selection and election process .......... 19 D. The interpretation of the criteria .................................................................... 26 II. THE ELECTION PROCESS ............................................................................. 28 A. The procedure ................................................................................................... 28 B. Challenges ......................................................................................................... 30 C. Responses within the framework of the existing structures ......................... 31 D. Alternative models of appointment outside the existing structures ............ 35 III. CONDITIONS OF EMPLOYMENT AND WORKING CONDITIONS AT THE COURT ............................................................................................... 37 A. Challenges ......................................................................................................... 37 B. The conditions of employment: possible responses within the framework of the existing structures .............................................................................................. 38 C. Working conditions at the Court: possible responses within the framework of the existing structures ......................................................................................... 40 IV. AD HOC JUDGES ............................................................................................ 41 A. Challenges ......................................................................................................... 41 B. Responses within the framework of the existing structures ......................... 42 Appendix I ................................................................................................................. 44 Selection of candidates for Election as Judge to the European Court of Human Rights: procedure and selection criteria in member States ......................................... Appendix II ............................................................................................................... 78 Excerpt from the 2 nd Activity Report of the Advisory Panel of experts on candidates . for election as judge to the European Court of Human Rights (February 2016) ........ Appendix III .............................................................................................................. 83 Tables on the recognition of service as a judge of the Court .......................................

3 DH-SYSC-I (2017)010 INTRODUCTION The work of the DH-SYSC: terms of reference and methodology in light of the DH-SYSC and the CDDH decisions 1. The importance of the quality of judges has been emphasised on many occasions, in particular in the Declarations adopted at the Interlaken, Izmir, Brighton and Brussels Conferences as well as by all actors involved in the process. “The authority of the Court is vital for its effectiveness and for the viability of the Convention system as a whole. These are contingent on the quality, cogency and consistency of the Court’s judgments, and the ensuing acceptance thereof by all actors of the Convention system, 1 including governments, parliaments, domestic courts, applicants and the general public as a whole”, 2 as the CDDH recently noted in its report on the longer-term future of the system of the European Convention on Human Rights (“the CDDH report”). 3 In this report, the CDDH concluded: “A central challenge for the long-term effectiveness of the system is to ensure that the judges of the Court enjoy the highest authority in national and international law. A comprehensive approach examining all parameters regarding the selection and election process, including all factors that might discourage possible candidates from applying, is needed. The CDDH concludes that all the above considerations and possible measures to be taken deserve a further in-depth analysis that should be conducted as a follow-up to this report. As noted above, this follow-up may result in responses outside the existing structures.” 4 2. In its comments 5 on the CDDH report, the Court “note[d] the conclusion that a thorough analysis of all these points is needed […] and expressed the wish to be closely associated with such an exercise. The experience that sitting judges have had with the procedure, and their thoughts on improvements, will be an important element in the review”. 3. At their 1252 nd meeting, the Ministers’ Deputies welcomed the report of the CDDH, took note of the Court’s comments on the report, and agreed on its follow-up. The Deputies “deemed it essential that the judges of the Court enjoy the highest authority in national and international law and to this end instructed the CDDH to examine, while securing the participation of the Court and all other relevant actors concerned, the whole selection and election process, including all factors that might discourage possible 1 In the solemn hearing for the opening of the judicial year of the European Court of Human Rights, the former President of the Court noted: “We face a constant challenge as regards the acceptability of our decisions”, opening speech, President Dean Spielmann, 30 January 2015. 2 CDDH(2013)R79, Addendum II, § 1. 3 § 96. 4 § 203 i). 5 Doc. #5281071, § 5.

Report on the Work of the IJPC
I If you have issues viewing or accessing this file contact us at ...
IES WORKING PAPER 3/2008 - The Institute for European Studies
IES WORKING PAPER 3/2010 - The Institute for European Studies