The European Commission is concerned about the new law on the appointment of judges

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The European Commission has raised concerns over a new bill changing the way judges are promoted and appointed in Ireland, saying it continues to leave discretionary power over judicial appointments to the government.

In its second “Rule of Law” report, the European Commission found a “high level of perceived independence”, but raised concerns about the process for appointing judges.

The level of independence of courts and judges is perceived as “fairly good” or “very good” by 73% of the general population and by 77% of businesses, and has remained stable since 2016, notes the report.

While the new legislation on how judges are appointed will alleviate previous concerns, it will continue to give the government “wide discretion” over appointments as it is not bound by shortlisted candidates, who are not ranked. , although the decisions must be published.

The new general scheme, due to be tabled later this year, provides for the creation of a nine-member Judicial Appointments Commission (JAC) to replace the current Judicial Appointments Advisory Council (JAAB). The JAC would present five unranked candidates to the government.

But concerns remain around the “broad discretionary power” left to the government.

This discretionary power is further amplified by the possibility for the government to select a candidate who does not appear on the list prepared by the Commission, without it being necessary to give reasons ”, indicates the report.

“The Government considers that this discretionary power is required by the constitutional provisions stipulating that judges are appointed by the President.

“It is important that this reform guarantees judicial independence, taking into account European standards.

The report also highlights Ireland’s “limited resources and institutional fragmentation” to fight and punish corruption. Although corruption prevention and integrity measures are in place, challenges remain in the area of ​​enforcement, particularly on asset disclosure and lobbying, the report notes.

It also notes concerns that the Public Service Standards Commission does not have sufficient resources, but that a capacity review is planned.

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