Elections
by the Parliamentary Assembly
iv.Modalities
for the election procedure of judges to the European Court of Human Rights
and the Council of Europe Commissioner for Human Rights
Appendix to Resolution 1432 (2005)
1. In principle,
the list of candidates for the election of judges, once submitted
to the Parliamentary Assembly, should not be modified. The Assembly
shall only exceptionally accept partial or complete modification
of the list on the initiative of the government concerned.
2. The Assembly shall
interrupt the procedure if one of the three candidates on a list
for the post of judge or Commissioner for Human Rights withdraws
before the first ballot. It shall ask the government concerned (in
respect of judges) or the Committee of Ministers (in respect of the
Commissioner) to complete the list of candidates.
3. The Assembly confirms
its practice of listing candidates for the post of judge in alphabetical
order. This shall also remain the practice in those cases where
the government, disregarding the Assembly’s position as set out
in Recommendations 1429 (1999) and 1649 (2004), has expressed a
preference for one of the candidates. Any such expressions of governmental
preference shall play no role in the deliberations of the Committee
on the election of judges to the European Court of Human Rights
where only the criteria provided for in the European Convention
on Human Rights and those established by the Assembly itself shall
be relevant.
4. Furthermore,
the Assembly confirms that the candidates for the post of Council
of Europe Commissioner for Human Rights shall be listed in alphabetical
order.
