Judicial Appointments Commission Act 2023

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Statement of selection procedures

59. (1) The procedures for the selection of persons for recommendation for appointment and nomination for appointment or election to judicial office shall be set out in a statement of selection procedures.

(2) A statement of selection procedures shall specify—

(a) the form of application to be completed, for the purposes of section 43 , by a person who wishes to be considered for selection for recommendation for appointment or for recommendation for nomination for appointment or election to a judicial office,

(b) the supporting documentation to be provided by an applicant, including in relation to the education, professional qualifications, experience and character of the applicant, and relating to his or her proficiency in the Irish language,

(c) that the applicant will be required, in accordance with subsection (1) of section 44 —

(i) to consent to the Commission seeking information from a relevant person (within the meaning of that section) to verify the matters set out in subsection (3) of that section, and

(ii) when requested to do so by the Commission, to provide it with a declaration of consent and any other information required to enable it to obtain a vetting disclosure,

and

(d) for the purposes of establishing that applicants are suitable on grounds of health to fulfil the duties of the judicial office concerned as required by section 46 (1)(a)(iii)—

(i) the supporting documentation to be provided by applicants to establish such suitability, and

(ii) that applicants may be required to undergo an independent medical examination for the purposes of establishing such suitability.

(3) A statement of selection procedures—

(a) may provide for the short-listing of applicants on the basis of the information contained in the applications received,

(b) shall include a statement of the objectives in section 39 (2), and

(c) shall—

(i) ensure that recognised best practice standards in recruitment processes for judicial and other related offices are adhered to,

(ii) subject to section 46 (2), set out procedures for the interview of applicants,

(iii) having regard to the requirements to be satisfied in respect of the vacancy or vacancies in judicial offices to be filled, set out any other tests, presentations, exercises or other methods of selection which are to form part of the selection process, and

(iv) set out the standard of communication to be engaged in between the Commission and applicants.

(4) A statement of selection procedures may specify different procedures by reference to—

(a) different judicial offices,

(b) in the case of—

(i) the judicial offices of judge of the Court of Justice, Advocate General of the Court of Justice or judge of the General Court, any requirements of the TFEU concerning the procedures for selection of candidates for those judicial offices,

(ii) the judicial office of judge of the European Court of Human Rights, any recommendations, resolutions, decisions or guidelines of the Committee of Ministers concerning the procedures for selection of candidates for that judicial office, and

(iii) the judicial office of judge of the International Criminal Court, any recommendations, resolutions, decisions or guidelines of the Assembly of State Parties or its subsidiary organs concerning the procedures for selection of candidates for that judicial office,

and

(c) in the case of the matters required to be demonstrated in accordance with section 58 (3)(a), whether or not an applicant already holds judicial office.