3.1 draw up an amending protocol
to the European Convention on Human Rights to exclude the automatic
and indefinite extension of the mandate of sitting judges beyond
their term of office by virtue of Article 23.2 of the Convention.
Judges should only be able to remain in office for up to one additional year
after the expiry of their nine-year term, in the event that a new
judge has not yet been elected;
3.2 consider revising its Guidelines on the selection of candidates
for the post of judge at the European Court of Human Rights (CM(2012)40),
adopted in 2012, with a view to further refining the requirements
for national selection procedures based on good practice recently
identified by the Advisory Panel of Experts and the Assembly, as
well as the criteria for the establishment of lists of candidates;
3.3 revise its Resolution CM/Res(2010)26 on the establishment
of an Advisory Panel of Experts on Candidates for Election as Judge
to the European Court of Human Rights, adopted on 10 November 2010,
with a view to providing the panel with an explicit mandate to advise
the States Parties on whether their national selection procedures
comply with the Committee of Ministers’ guidelines and good practice;
3.4 draw up a recommendation on the issue of post-mandate
recognition of service to complement and further develop its Declaration
on the protection of judges of the European Court of Human Rights from
threats and reprisals and on the recognition of their service, adopted
on 15 January 2025. Such a recommendation should provide clearer
guidelines, based on good practice, to ensure that, after their mandate,
judges can return to posts comparable to those previously occupied,
or accede to posts commensurate with the office they have held,
for instance a judicial post in the highest domestic courts and
tribunals;
3.5 provide the Advisory Panel of Experts with the necessary
resources to enable it to exercise its functions effectively.
