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EU repeats judicial-appointment concerns

A report from the European Commission has repeated concerns about the composition of the Judicial Appointments Commission (JAC), which will make recommendations to the Government on the appointment of judges.

The comments come in the section on Ireland in the fourth annual Rule of Law Report, which looks at the rule-of-law situation in each member state.

The report also expresses concern about the use of Dáil motions to shorten the time allocated to debate legislation.

It says that the level of perceived judicial independence in Ireland continues to be high, and that there is a low level of perceived corruption.

It adds, however, that the efficiency of justice “remains a challenge” and points out that a system to regularly evaluate court performance is lacking.

Concerns about AG’s role

The bill setting up the Judicial Appointments Commission has now passed its final stages in the Seanad.

While welcoming some changes to the proposals made by the Government, the commission says that there has been “no progress” on ensuring that they take European standards on judicial appointments into account.

The 2022 report raised concerns that the new body does not provide for a clear majority of judges chosen by their peers.

It also cited concerns by some stakeholders about the fact that the Attorney General would sit on the JAC in a non-voting capacity.

Action on costs

This year’s report also calls for more action to reduce litigation costs to ensure effective access to justice.

It welcomes, however, the appointment of a significant number of additional judges.

The report also acknowledges progress on strengthening the existing framework on ethics, and on reform of the law on defamation.

It points out, however, that the monitoring and enforcement capacity of the Standards in Public Office Commission “remains the same”, despite its handling of an increased number of complaints and requests for advice.

The EU body says that the recently established Electoral Commission will aim to address concerns by civil society on legal obstacles related to access to funding.

Debates

Across the EU, the rule-of-law report finds that, while concerns remain in some member states, 65% of recommendations made in the 2022 report have been fully or partially addressed.

“We know that the report serves as a reference to initiate debates at national level and helps drive national reform agendas,” said Didier Reyners (Commissioner for Justice, pictured).

He added, however, that challenges remained in areas, such as judicial independence.

“In the areas of judicial appointments and councils of the judiciary, as well as resources and remuneration, further action from the member states is needed,” he concluded.

“In the areas of judicial appointments and councils of the judiciary, as well as resources and remuneration, further action from the member states is needed,” he concluded.