Minister of Justice Sigríður Andersen sees no reason to resign over the European Court of Human Rights verdict. The court ruled that Iceland violated Article 6 of the European Convention of Human Rights when Sigríður Andersen appointed judges to the recently established Court of Appeals. The article is meant to ensure individuals’ right to a fair trial.
Minister Sigríður has said the ruling is both unexpected and without precedent. She stated she sees the court’s verdict as a somewhat split opinion. “There are contrasting views which were put forth in the opinions of the majority and the minority. So we’re inspecting the ruling now. It’s quite clear that it can have repercussions all over Europe,” Sigríður stated.
A team from the Ministry of Justice as well as the State Attorney is now investigating the ruling and is considering appealing the decision to the Grand Chamber of the European Court of Human Rights, according to Sigríður. The decisions to appeal must be made within three months.
Sigríður said it’s not a surprise that folks have demanded her resignation. When asked if the verdict should lead her to resignation, “No, I don’t believe the verdict gives cause for that. I remind people and reiterate that the stance of Icelandic courts regarding the legitimacy of the appointments is quite clear. And all three levels of government played a part in the appointment, which was confirmed to be legitimate by the Supreme Court of Iceland,” the Minister stated.
She believes the verdict has no direct legal effect in Iceland. None the less, the Court of Appeal has decided to postpone all cases which were to be handled by the four judges which were affected by the appointment. The cases will be postponed by a week.
Iceland’s Court of Appeals (Landsréttur) was established on January 1, 2018, as a new mid-tier court between district courts and the Supreme Court of Iceland. Minister of Justice Sigríður Á. Andersen received heavy criticism from opposition MPs for failing to follow the recommendations of a selection committee in her nominations of judges to the new court. In March 2018, opposition MPs put forth a motion of no-confidence against the minister, which was voted down with 33 votes to 29, with one MP abstaining. Read more of Iceland Review’s coverage yesterday.
Update: The Minister has announced that she will step aside while the matter is being resolved. Read more here.