Problem-Ridden Nomination Process for Judge on behalf of Slovenia at the European Court of Human Rights

We have already reported that the mandate of the incumbent judge at the European Court of Human Rights on behalf of Slovenia expires on 31 October 2015. The Ministry of Justice of the Republic of Slovenia has therefore this May started selection procedure for nomination of three candidates to the Parliamentary Assembly of the Council of Europe by publishing call for applications. Seven candidates applied, among them seven men and one woman. The Judicial Council of the Republic of Slovenia prepared a ranking of candidates and proposed to President of Slovenia to send the names of three highest-ranking candidates to the Parliament, which has to vote on the list of three candidates in order to be sent to the Parliamentary Assembly of the Council of Europe. However, Mr Pahor, the incumbent President of Republic of Slovenia, last week refused to send the list of three high ranking candidates to the Parliament and requested that the Ministry of Justice repeats the call for applications. It is not entirely clear why Mr Pahor rejected the list approved by the Judicial Council, but it appears that the merits of the candidates did not impress him. Surprisingly, the Ministry of Justice at this point does not plan to repeat the call for application.  It seems we are witnessing situation so often seen in the Central and Eastern European countries where the merits of the candidates play only side role in the nomination process and where the nomination of the candidates to the European Court of Human Rights comes down to brutal power politics. Stay tuned for future developments on this issue.

Procedure for electing judges to the European Court of Human Rights

The Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe has published updated Information document on the procedure for electing judges to the European Court of Human Rights. More general info on the election of judges can be read here. Updated information on the forthcoming elections of judges to the European Court of Human Rights for each Contracting Party is available here.

Election of ECHR judges

The Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe has on 27 March 2014 published information document on the Procedure for electing judges to the European Court of Human Rights. The next judges that need to be elected are in the respect of the Slovak Republic (term expired on 31 October 2013) and in the respect of the Republic of Serbia (term expires tomorrow on 3 April 2014). Judges are elected for the nine-year term. The COE Parliamentary Assembly already previously noted that “national selection procedures must be rigorous, fair and transparent in order to enhance the quality, efficacy and authority of the Court” (Resolution 1726 (2010), para. 7).