Courts and Court Officers Act, 2002
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PART 2 Qualification of Judges | ||
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Amendment of section 5 of Act of 1961. |
4.—Section 5 of the Act of 1961 is amended by the substitution of the following subsection for subsection (2): | |
“(2) (a) Subject to paragraphs (b) and (c) of this subsection, a person shall be qualified for appointment as a judge of the Supreme Court or the High Court if the person is for the time being a practising barrister or a practising solicitor of not less than 12 years' standing who has practised as a barrister or a solicitor for a continuous period of not less than 2 years immediately before such appointment. | ||
(b) A person who— | ||
(i) is or was at any time during the period of 2 years immediately before the appointment concerned— | ||
(I) a judge of the Court of Justice of the European Communities, | ||
(II) a judge of the Court of First Instance attached to that Court, | ||
(III) an Advocate-General of the Court of Justice of the European Communities, | ||
(IV) a judge of the European Court of Human Rights established under the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950, | ||
(V) a judge of the International Court of Justice established under the Charter of the United Nations, | ||
(VI) a judge of the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998, upon the entry into force of that Statute, | ||
(VII) a judge of an international tribunal within the meaning of section 2 of the International War Crimes Tribunals Act, 1998 , | ||
and | ||
(ii) was a practising barrister or a practising solicitor before appointment to any of the offices referred to in subparagraph (i) of this paragraph, | ||
shall be qualified for appointment as a judge of the Supreme Court or the High Court. | ||
(c) A judge of the Circuit Court who has served as such a judge for a period of not less than 2 years shall be qualified for appointment as a judge of the Supreme Court or the High Court.”. |