ELECTION AND STATUS OF JUDGES TO THE EUROPEAN COURT OF HUMAN RIGHTS – theoretical and comparative legal analysis

  • Oliver Nikolić, PhD Institute of Comparative Law, Belgrade

Apstrakt

In the first part of the article, the author offers an overview of the whole procedure of the election of judges to the European Court of Human Rights, while in the other part there is a theoretical overview of the status of the judges.

According to the European Convention on Human Rights, the Parliamentary Assembly elects the judges of the European Court of Human Rights from a list of three candidates submitted by each state party. The procedure of the election of judges has few phases (national selection, Sub-Committee on the Election of Judges selection and Parliamentary Assembly election). The national selection procedures for candidates to the European Court of Human Rights have important consequences on the overall quality, efficacy and authority of the Court. The Sub-Committee on the Election of Judges makes recommendations on the suitability of candidates for the Court by expressing a preference for a particular candidate. The final phase of the international selection process is the election of the judge at the Parliamentary Assembly. The candidate that obtains an absolute majority of votes cast is elected to the Court. An ad hoc judge may be appointed when the elected judge is unable to sit in the Chamber, withdraws, or is exempted, or if there is none. In the other part of the article, the author gives an overview of mandate of the judges, its incompatibilities, immunities, privileges and benefits.

Objavljeno
2014-01-31
Sekcija
Originalni naučni rad