Judicial Appointments Commission Act 2023
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Recommendation of persons to Minister or to Minister for Foreign Affairs for nomination for appointment or election to judicial office outside the State | ||
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48. (1) The Commission shall, following its consideration of applications in accordance with section 46 which relate to a vacancy in the judicial office of a judge of the Court of Justice, an Advocate-General of the Court of Justice or a judge of the General Court recommend to the Minister 3 persons for nomination for appointment to the office concerned. | ||
(2) The Commission shall, following its consideration of applications in accordance with section 46 which relate to a vacancy in the judicial office of a judge of the European Court of Human Rights or a judge of the International Criminal Court recommend to the Minister for Foreign Affairs 3 persons for nomination for election to the office concerned. | ||
(3) Where the Commission cannot, whether by reason of the number of applicants or the operation of section 46 , or both, as the case may be, recommend to the Minister or the Minister for Foreign Affairs the number of persons specified in subsection (1) or (2) but can recommend a lesser number of persons, it shall— | ||
(a) recommend to the Minister or the Minister for Foreign Affairs, as the case may be, that lesser number of persons, and | ||
(b) at the same time as making that recommendation, set out in writing the reasons it is unable to recommend the number of persons specified in the subsection concerned. | ||
(4) Where the Commission determines that it cannot, whether by reason of there being no applicants or the operation of section 46 , recommend any person for the vacancy concerned, it shall— | ||
(a) inform the Minister or the Minister for Foreign Affairs, as the case may be, of that fact, and | ||
(b) at the same time, set out in writing the reasons it is unable to recommend any person. | ||
(5) The Commission shall, at the same time as making a recommendation, or informing the Minister or the Minister for Foreign Affairs, as the case may be, that it cannot make a recommendation, under this section forward the name of each person who made an application in respect of the vacancy in a judicial office concerned. |