A NEW REPORT from the association representing judges from across Europe has called for all judicial appointments to be made by independent bodies and not by politicians.
The European Network of Councils for the Judiciary report outlines that any system for appointing judges should be “independent of political influence” and open to “all suitably qualified candidates”.
It adds that judges’ appointments should “only be based on merit and capability”.
The report was launched by Ireland’s chief justice Susan Denham on Friday, as Ireland hosted the ECNJ general assembly meeting at Dublin Castle.
“As the EU is developing, so too is the role of judges, both as national judges and as judges of the European Union,” Justice Denham said. “More obligations and duties are being placed on the judiciary.
“Consequently, there is a need for more judicial co-operation. This necessitates a good understanding by members of the judiciary of the legal and judicial systems in other Member States.”
Adoption of the report puts the association into direct conflict with the current practice in Ireland, where appointments to Ireland’s higher courts are made by the President acting on advice of the cabinet, effectively giving the government the right to choose judges.
Denham herself was appointed Chief Justice last July after being nominated by the cabinet to replace Justice John Murray, whose tenure had expired but who remains on the bench of the Supreme Court.
The report said the “entire appointment and selection process must be open topublic scrutiny, since the public has a right to know how itsjudges are selected”.
It further suggests that the body in charge of appointing judges should “create a sufficient record in relation to each applicant” in order to ensure that the appointment of judges could be independently verified as being sufficiently transparent.
The launch of the report also coincided with Justice Paul Gilligan, a member of the High Court since 2003, being elected ECNJ president.
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