Friday, May 29, 2015

ECHR and Judges

There is a lot of talk about the ECHR and about how the Government want to ban Human Rights, which is absolutely ridiculous what they want to do, is to take the Human Rights and pass it into British Judges Hands. Judges who far better qualified then those in Europe, therefore forming a British Convention on Human Rights.

Below is information how these ECHR Judges are elected, the one thing I found interesting is that they do not have to be a qualified Judge  The Convention requires that judges are of high moral character and to have qualifications suitable for high judicial office, or be a jurisconsult of recognised competence

 jurisconsult

 (ˌdʒʊərɪsˈkɒnsʌlt)
n
1. (Law) a person qualified to advise on legal matters
2. (Law) a master of jurisprudence
 This to me says they do not have to be a qualified  practising Judge, can you imagine that happening in a British Court?




Prior to the adoption of Protocol no.14, judges were elected for a six-year term, with the option of renewal of this term. Now judges are elected for a non-renewable nine year term.[3] The number of full-time judges sitting in the Court is equal to that of the contracting states to the European Convention on Human Rights. The Convention requires that judges are of high moral character and to have qualifications suitable for high judicial office, or be a jurisconsult of recognised competence. Judges are elected by majority vote in the Parliamentary Assembly of the Council of Europe from the three candidates nominated by each contracting state. Judges are elected whenever a sitting judge's term has expired or when a new state accedes to the Covenant. The retiring age of judges is 70, but they may continue to serve as judges until a new judge is elected or until the cases in which they sit have come to an end. The judges perform their duties in an individual capacity and are prohibited from having any institutional or other type of ties with the contracting state on behalf of whom they were elected. To ensure the independence of the Court judges are not allowed to participate in activity that may compromise the Court's independence. A judge cannot hear or decide a case if he has a family or professional relationship with the parties. Judges can only be dismissed from office if the other judges decide, by two-thirds majority, that the judge has ceased to fulfil the required conditions. Judges enjoy, during their term as judges, the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe.[2]

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