Dáil Éireann Debate, Tuesday - 27 June 2023
87. Deputy Alan Kelly asked the Tánaiste and Minister for Foreign Affairs if he will outline the process and timeline for the national selection procedure to shortlist three qualified candidates for submission to the Council of Europe as a candidate to be a judge of the European Court of Human Rights by the required date of 11 March 2024. [31042/23]
Amharc ar fhreagraThe European Court of Human Rights (‘the Court’) consists of a number of judges equal to the number of contracting parties to the European Convention on Human Rights (‘the Convention’).
The members of the Court are elected by the Parliamentary Assembly of the Council of Europe with respect to each contracting party from a list of three candidates nominated by the state concerned. The criteria for appointment as a judge of the Court are prescribed by Article 21 of the Convention.
The procedure for the nomination and election of judges to the Court comprises two discrete stages: first, the selection and nomination by the Government of candidates for transmission to the Parliamentary Assembly, and secondly, the election of judges by the Parliamentary Assembly.
The Government must submit a list of three candidates to the Parliamentary Assembly by 11 March 2024. The term of office of the judge elected in respect of Ireland (and current President of the Court) Síofra O’Leary, is due to expire on 1 July 2024.
The national procedure for the selection of three candidates with a view to nomination for election as a judge of the Court will be carried out by the Department of Foreign Affairs, in consultation with the Office of the Attorney General.
The procedure will be carried out in accordance with the Guidelines of the Committee of Ministers of the Council of Europe on the selection of candidates for the post of judge at the European Court of Human Rights.
It is currently intended that the process for the selection of candidates with a view to nomination by the Government for election as a judge of the Court will commence in autumn 2023. Arrangements for this process are still in the planning phase, but it is expected that a public call for applications from qualified candidates will issue as early as September 2023.
The list of three candidates nominated by the Government will be examined both by the Advisory Panel of Experts on candidates for election as a judge to the European Court of Human Rights (established by the Committee of Ministers), and by the Committee on the Election of Judges to the European Court of Human Rights (established by the Parliamentary Assembly).
The election of a judge in respect of Ireland is currently scheduled for the April 2024 part-session of the Parliamentary Assembly. The term of office of the judge elected in respect of Ireland will commence not later than three months from the date of his or her election.
