Tánaiste welcomes election of Ms Justice Úna Ní Raifeartaigh as a judge of the European Court of Human Rights

The Tánaiste, Minister for Foreign Affairs, and Minister for Defence, Micheál Martin, has welcomed the election of Ms Justice Úna Ní Raifeartaigh by the Parliamentary Assembly of the Council of Europe as a judge of the European Court of Human Rights in respect of Ireland.

The term of office of the judge currently elected in respect of Ireland, President Síofra O’Leary, is due to expire on 1 July 2024. In light of this, the government was requested by the Parliamentary Assembly of the Council of Europe to submit a list of three candidates for election as a judge of the Court in respect of Ireland.

The government submitted the list of three candidates to the Parliamentary Assembly of the Council of Europe in March 2024. The list comprised (in alphabetical order) Judge Fergal Gaynor, Ms Justice Úna Ní Raifeartaigh, and Professor Colm Ó Cinnéide.

Ms Justice Ní Raifeartaigh was elected by the Parliamentary Assembly of the Council of Europe on 16 April 2024.

The Tánaiste said:

The European Court of Human Rights (‘the Court’), based in Strasbourg, is an international court established under the European Convention on Human Rights (‘the Convention’). The Court is tasked with ensuring the observation of the engagements undertaken by the contracting parties to the Convention.

The Court is comprised of 46 judges, elected by the Parliamentary Assembly of the Council of Europe in respect of each of the contracting parties to the Convention.

The criteria for office as a judge of the Court are prescribed by Article 21(1) of the Convention, which provides that judges must be of high moral character, and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence. Judges are elected for a non-renewable period of nine years.

In light of the expiry of the term of office of President O'Leary, the government was requested by the Parliamentary Assembly of the Council of Europe to submit a list of three candidates for election as a judge of the Court in respect of Ireland.

An advertisement seeking applications for nomination for election as a judge of the Court was published on the websites of the Department of Foreign Affairs and the Public Appointments Service. The advertisement was also published in the main national newspapers, and widely circulated to relevant professional bodies and academic institutions.

All applications were considered by an expert panel convened by the Attorney General, comprising:

• Mr Rossa Fanning SC, Attorney General (Chair)
• Mr Justice Frank Clarke, former Chief Justice of Ireland
• Dr Suzanne Egan, Associate Professor, Sutherland School of Law, University College Dublin

The expert panel considered the applications in light of the criteria for office prescribed by Article 21(1) of the Convention, and having regard to the Guidelines of the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights.

The expert panel shortlisted 10 applicants for interview. Following interview, the expert panel recommended three candidates (in alphabetical order) to the Tánaiste and Minister for Foreign Affairs, and the list of three names was approved by the government.

The government’s list of three candidates was considered by the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights, established by the Committee of Ministers of the Council of Europe. The Advisory Panel confirmed that each of the three candidates satisfied the criteria for office specified by Article 21(1) of the Convention.

Ms Justice Úna Ní Raifeartaigh was educated at University College Dublin and the Honorable Society of the King's Inns. She currently serves as a judge of the Court of Appeal, and as an ad hoc judge of the European Court of Human Rights.