Judicial Appointments Commission Act 2023

Chapter 2

Applications for recommendation for appointment and for nomination for appointment or election to judicial office and making of recommendations

Invitation to apply for vacancy in judicial office

42. (1) The Minister may request the Commission to make recommendations for appointment or for nomination for appointment to judicial office, as the case may be, where—

(a) a judicial office stands vacant, or

(b) he or she reasonably anticipates that there will be a vacancy in a judicial office.

(2) The Minister for Foreign Affairs may request the Commission to make recommendations for nomination for election to the judicial office of a judge of the European Court of Human Rights or a judge of the International Criminal Court, as the case may be, where—

(a) a judicial office of a judge of either of those Courts stands vacant, or

(b) he or she reasonably anticipates that there will be a vacancy in a judicial office of either of those Courts.

(3) The Commission shall issue an invitation, through means of advertisement, for the making of applications by persons who wish to be considered for selection and recommendation for appointment or for nomination for appointment or election, as the case may be, to judicial office—

(a) upon receipt of a request under subsection (1) or subsection (2), or

(b) where the Commission anticipates there will be a vacancy in a judicial office.

(4) The Commission shall, in such form and manner as it considers appropriate, provide information to potential applicants, relevant to the judicial vacancy which is the subject of the invitation under subsection (3)

(a) relating to the judicial selection statement, or

(b) where subsection (2)(a)(ii) or (2)(b)(ii) of section 60 applies, relating to the procedures or requisite knowledge, skills and attributes, as the case may be, which are to apply in accordance with those provisions.