§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider that the requirement for judges of the European Court of Human Rights to submit themselves to interviews organised by a subcommittee of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe before being considered for re-election to the Court is compatible with the guarantee or judicial independence under Article 6 of the European Convention on Human Rights. [HL1994]
§ Baroness Scotland of AsthalUnder Protocol 11 to the European Convention on Human Rights, sitting judges in the European Court of Human Rights may be candidates for re-election when their term expires. The process of election set out in the convention requires the government of each state party to put forward three candidates. Election is a matter for the Parliamentary Assembly.
The process of interviews with candidates, instituted by the Assembly for the first elections to the new Court, is the means by which the Assembly seeks to ensure that its choice between the candidates is an informed one. In the Government's view it would not be fair to other candidates if sitting judges alone were exempt from the interview requirement. Nor can it see any inherent conflict between such interviews and the principle of judicial independence. Nevertheless there could clearly be dangers for that principle if, for example, questioning to a sitting judge focused upon that judge's record in decided or pending cases.
The Government are confident that the Assembly is fully aware of the need to respect judicial independence and will conduct the interview process accordingly.