273. An example of an EDR system entrusted to the head of the state is the
Constitutional Court (Ústavný Súd) of Slovakia. Judges are appointed by the
President acting on a proposal from the National Council (Národná rada)
of the Slovak Republic. The National Council proposes twice the number
of candidates that the President is to appoint. In Finland, tenured judges
(including those of the Supreme Administrative Court) are appointed by the
President according to procedures established by law.
274. In Vanuatu, the Supreme Court consists of the Chief Justice and three
other judges. The Chief Justice is appointed by the President (who is the
head of state) in consultation with the Prime Minister and the Leader of the
Opposition. The other judges are appointed by the President on the advice of
the Judicial Service Commission, which consists of the minister responsible
for justice, as Chairman, the Chief Justice, the Chairman of the Public
Service Commission and a representative of the National Council of Chiefs
appointed by the Council.
275. In Jamaica, the provisions for electoral disputes are contained in the
Election Petitions Act. They are pursued by the lodging of an election petition
and are heard by a single judge of the Supreme Court, with the possibility
of an appeal to the Court of Appeal. The Chief Justice is appointed by the
Governor-General (who still acts as head of state as a representative of the
British monarch) on receipt of a nomination from the Prime Minister made
in consultation with the Leader of the Opposition. The remaining judges
are appointed by the Governor-General on the advice of the Judicial Service
Commission.
276. Some form of nomination from the executive to the legislative branch
based on prior study by a judicial services commission is often considered a
viable formula. The countries with a judicial service commission are mainly
those which have inherited derivations of British colonial legal systems. Their
EDRBs are therefore often located within the ordinary judicial system. In
South Africa, the Judicial Service Commission publicly advertises Electoral
Court vacancies and invites interested persons to apply. After interviewing
shortlisted candidates, the Commission submits a final list of successful
candidates to the President, who makes the final appointment. The Electoral
101
6. Principles and guarantees of EDR systems
272. In Lithuania, the Parliament (Seimas) appoints justices of the
Constitutional Court from nine candidates, three each submitted by the
President of the Republic, the President of the Seimas and the President of
the Supreme Court (Aukščiausiasis Teismas). In Croatia, the 13 judges of the
Constitutional Court (Ústavní Soud) are elected by the Croatian Parliament
(Hrvatski Sabor) from among notable jurists, especially judges, public
prosecutors, lawyers and university law professors, after due notice has been
given to civil society to propose candidates and public hearings.