A proposed new system for appointing judges has been criticized by a European watchdog for democracy and the rule of law as it “could lead to politicized decisions”.
The Group of States against Corruption (GREco), a body of the Council of Europe, pointed to the failure to provide for candidate rankings as a major weakness in the proposed legislation.
The 2022 Judicial Appointments Commission bill has been described by Attorney General Helen McEntee as the biggest reform in the way judges are elected in a quarter of a century.
However, parts of the bill have been criticized by Greco in a report published today.
The group, which oversees anti-corruption measures against MPs, judges and prosecutors, said it was concerned that the government would receive an “unprioritised” list of candidates from a new advisory committee.
The cabinet is free to nominate candidates from this list for appointment by the president.
But Greco said the lack of ranking among the candidates put forward could lead to politicized decisions.
The group also discussed the composition of the advisory committee, which will have an equal number of judges and laymen and will be chaired by the Chief Justice.
Greco said that while this was better than a previous lay majority proposal, an advisory committee made up of a majority of judges would be “an appropriate composition”.
The Council of Europe has previously recommended that such an independent authority should be largely removed from the judiciary.
It is unclear whether the criticism at this stage will lead to changes to the bill.
Efforts have been underway for several years to reform the appointment of judges.
Under the bill, candidates will have to undergo an interview for the first time.
Currently, an advisory body can recommend a maximum of seven candidates for a vacancy, but this will be reduced to three.