264. For every type of EDRS, the selection and appointment of members
of the highest-level organ of the various EDRBs can be categorized by the
nature of the body with authority to make the appointment. This may be:
a. the judiciary, whether persons are appointed from outside the judicial
branch, or someone is chosen, designated or selected by lot from among
the members of a judicial body;
b. the legislature, whether someone is chosen or appointed at the suggestion
of the judiciary, the head of state, political parties or different social
sectors;
c. the head of state, whether at the proposal of or with prior consultation
with the judiciary, the legislature or some other area of government; or
d. a combination of these options, perhaps also involving another
international or national body.
It is possible for the process of selection to be opened up through invitations
to submit names, followed by a competitive process. It is usual for candidates
to be sounded out as to their willingness to undertake the job. Whether or
not there is a competitive process, it is commonly desirable for the qualities
and qualifications of the candidates to be probed and assessed openly and
transparently.
Box 6.8. Systems for the selection or appointment of members of the
EDR system*
Appointed by:
a. The judiciary:
– Free nomination or shortlisting of candidates
– Among specific court members (free nomination or by lot)
b. The legislature:
– Free nomination or shortlisting of candidates
– Nominated by the judiciary
– Nominated by the head of state
– Nominated by political parties
– Nominated by other social actors
c. The head of state:
– Nominated by or after consulting the judiciary
– Nominated by or after consulting the legislature
– Nominated by another area of government
d. Combination of the previous three:
– Nominated by judiciary and/or legislature and/or head of state, and may also
involve an international or other national body
* Often after public nomination and/or a competitive selection process
98