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| UK nominees for judge at European court of human rights revealed | UK nominees for judge at European court of human rights revealed |
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| The names of the three candidates competing to be the next UK judge at the European court of human rights (ECHR) in Strasbourg have been revealed. | The names of the three candidates competing to be the next UK judge at the European court of human rights (ECHR) in Strasbourg have been revealed. |
| Two of them - Tim Eicke QC and Jessica Simor QC - are prominent London barristers who specialise in human rights and have appeared before European and international courts. The third, Murray Hunt, is legal adviser to parliament’s joint committee on human rights. | Two of them - Tim Eicke QC and Jessica Simor QC - are prominent London barristers who specialise in human rights and have appeared before European and international courts. The third, Murray Hunt, is legal adviser to parliament’s joint committee on human rights. |
| Despite speculation that the appointment would become entangled in partisan bill of rights or Eurosceptic politics in the runup to the referendum, all three are widely respected within the legal profession. None are known to have any party affiliation. | Despite speculation that the appointment would become entangled in partisan bill of rights or Eurosceptic politics in the runup to the referendum, all three are widely respected within the legal profession. None are known to have any party affiliation. |
| Eicke, a fluent German speaker, is a barrister at Essex court chambers. He became a QC in 2011. He has regularly appeared at the supreme court and has been instructed by both claimants and the government. He represented the home secretary last year at the supreme court in a key case on the legal definition of statelessness. | Eicke, a fluent German speaker, is a barrister at Essex court chambers. He became a QC in 2011. He has regularly appeared at the supreme court and has been instructed by both claimants and the government. He represented the home secretary last year at the supreme court in a key case on the legal definition of statelessness. |
| Simor, a fluent French speaker, is a barrister at Matrix chambers. She became a QC in 2013 and has also appeared for both the government and claimants. She represented the Open Rights Group and Privacy International at the European court of justice in Luxembourg earlier this month in a surveillance case against the UK government. | Simor, a fluent French speaker, is a barrister at Matrix chambers. She became a QC in 2013 and has also appeared for both the government and claimants. She represented the Open Rights Group and Privacy International at the European court of justice in Luxembourg earlier this month in a surveillance case against the UK government. |
| Murray Hunt is also a distinguished human rights expert. He was a founder of Matrix chambers, when he worked as a barrister, and is a visiting professor at Oxford University’s law faculty. | Murray Hunt is also a distinguished human rights expert. He was a founder of Matrix chambers, when he worked as a barrister, and is a visiting professor at Oxford University’s law faculty. |
| None of the candidates wished to comment on their applications. Claire Montgomery QC at Matrix, however, said: “They have got a really interesting list with three genuine experts. The advantage Jessica Simor has is that she has a lot of knowledge of how the [European] court of Justice works. | None of the candidates wished to comment on their applications. Claire Montgomery QC at Matrix, however, said: “They have got a really interesting list with three genuine experts. The advantage Jessica Simor has is that she has a lot of knowledge of how the [European] court of Justice works. |
| “There’s going to be such a crossover between Strasbourg and Luxembourg because of the [EU] charter of fundamental rights. Simor has also worked for the European [Human Rights] Commission. She has real expertise and is an excellent candidate.” | |
| The three names will go before a Council of Europe group of experts in Strasbourg that oversees the ECHR to ensure that they are of sufficient calibre to meet judicial requirements. | |
| Members of the council’s parliamentary assembly will then vote on them and select the successful candidate in the days immediately before the 23 June referendum on Britain’s membership of the EU. | Members of the council’s parliamentary assembly will then vote on them and select the successful candidate in the days immediately before the 23 June referendum on Britain’s membership of the EU. |
| The vacancy has been created by the forthcoming retirment of Britain’s current judge, Paul Mahoney, who will turn 70 in September, the compulsory age for leaving Strasbourg. A former ECHR registrar, he was appointed in 2012. | The vacancy has been created by the forthcoming retirment of Britain’s current judge, Paul Mahoney, who will turn 70 in September, the compulsory age for leaving Strasbourg. A former ECHR registrar, he was appointed in 2012. |
| Candidates for the ECHR bench, on which each of the 47 member nations have a judge, must “be of high moral character and either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence”. The current salary is around €200,000 (£155,000), traditionally paid tax-free. | Candidates for the ECHR bench, on which each of the 47 member nations have a judge, must “be of high moral character and either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence”. The current salary is around €200,000 (£155,000), traditionally paid tax-free. |
| If the home secretary, Theresa May, has her way, however, whoever is selected could enjoy a remarkably short tenure. Earlier this week May called for the UK to remain within the EU but pull out of the European convention on human rights and the Strasbourg court. | If the home secretary, Theresa May, has her way, however, whoever is selected could enjoy a remarkably short tenure. Earlier this week May called for the UK to remain within the EU but pull out of the European convention on human rights and the Strasbourg court. |
| The Council of Europe’s secretary general, Thorbjørn Jagland, has recently said that the “independence and impartiality of justice systems in Europe” are a matter of growing concern. He complained about a “dangerous trend towards legislative nationalism” as states initiate laws that risk contravening international standards, notably in relation to the treatment of migrants and refugees. | The Council of Europe’s secretary general, Thorbjørn Jagland, has recently said that the “independence and impartiality of justice systems in Europe” are a matter of growing concern. He complained about a “dangerous trend towards legislative nationalism” as states initiate laws that risk contravening international standards, notably in relation to the treatment of migrants and refugees. |
| Britain’s record at the ECHR is remarkably good, with judges finding relatively few human rights violations. Last year there were only four cases in which violations were recorded. Nine other judgments found no violations and 533 applications were declared inadmissible or struck out. | Britain’s record at the ECHR is remarkably good, with judges finding relatively few human rights violations. Last year there were only four cases in which violations were recorded. Nine other judgments found no violations and 533 applications were declared inadmissible or struck out. |
| • This article was amended on 29 April 2016 to clarify that Claire Montgomery’s reference to “European Commission” was to the EHRC, and that the three names will go before a Council of Europe group of experts, rather than sub-committee. |