Oireachtas Joint and Select Committees

Tuesday, 11 October 2022

Joint Oireachtas Committee on Justice, Defence and Equality

European Council Rule of Law Report 2022 and Rule of Law Situation in Ireland: Engagement with Ms Vra Jourová

Ms Vra Jourov?:

Who am I to tell you that? I always say that judiciary systems cannot be one-size-fits-all. However, more or less, we would like to see member states have something that would follow the Council of Europe standards, which state that judges should be appointed by a judiciary body that is majority judges, for the system for appointments, career decisions and dismissals. That is the very simple standard or principle, which I am in unease to sell in many member states, not only in Ireland. It is about the status of the Attorney General and whether they should be a full-fledged or observer. The committee will have to discuss this further. In several other member states, I hear, “Well, we have a tradition and system that lives over decades and the system is enshrined in the constitution.” It is not easy, therefore, to sell this standard of the Council of Europe. However, the Commission is of the opinion that it is useful to have such a structure as protection against politicisation of the processes of appointments and dismissals. By “politicisation” we mean excessive power of executive or legislative branches. That is the one-size-fits-all.

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