EU warns judicial appointments reform ‘not in line with European standards’

The 2018 European Semester country report on Ireland said the proposed composition of the proposed Judicial Appointments Commission, set out in the Judicial Appointments Bill, “raises concerns regarding the level of participation of the judiciary in that body”.

As the commission would comprise only three judges over thirteen (including a lay chairperson accountable to the Oireachtas), it would not be in line with the standards set out in paragraph 47 of Recommendation CM/Rec(2010)12 adopted by the Committee of Ministers of the Council of Europe on 17 November 2010.

Paragraph 47 states that recommendations regarding the appointment and career of judges should be made by “an independent and competent authority drawn in substantial part from the judiciary”.

The European Commission also notes that the proposals were opposed by the Association of Judges in Ireland (AJI).

The report also notes concerns about the efficiency of the Irish courts, with the average length of proceedings in the High Court hearing civil and commercial cases (excluding divorce) at first instance increasing from 680 days in 2015 to 772 in 2016.