NOTE: THIS PROCLAMATION IS A DRAFT.

PROCLAMATION NO. ____/2026

THE JUDICIAL SERVICE COMMISSION PROCLAMATION

A proclamation to provide for the establishment, organization, powers, duties, and procedures of the Judicial Service Commission of the State of Eritrea pursuant to Article 53 of the Constitution; to establish an independent and transparent mechanism for the recruitment, appointment, promotion, discipline, and removal of judges and judicial officers; to establish the Judicial Service Fund and Secretariat; and for matters connected therewith.

PREAMBLE

WHEREAS, Article 48 of the Constitution of the State of Eritrea guarantees the absolute independence of the Judiciary and mandates that courts shall be free from the direction and control of any person or authority;

WHEREAS, Article 53 of the Constitution establishes the Judicial Service Commission and entrusts it with the constitutional mandate of submitting recommendations for the recruitment of judges and terms and conditions of their services, and directs that the organization, powers, and duties of the Commission shall be determined by law;

WHEREAS, it is imperative to construct a legally sound, politically realistic, and administratively workable institutional architecture that insulates the judicial bench from executive and legislative capture, while preserving decisional independence, public accountability, transparency, and professional competence;

WHEREAS, to operationalize Articles 42, 48, 49, 50, 52, and 53 of the Constitution, it is necessary to codify objective, merit-based workflows for judicial selection, establish due-process disciplinary tribunals, and secure the financial and administrative autonomy of the Commission;

NOW, THEREFORE, the National Assembly of the State of Eritrea, by virtue of the powers vested in it under Article 32 and Article 53(2) of the Constitution, hereby proclaims as follows:

CHAPTER 1 — PRELIMINARY

Article 1 — Short title

This Proclamation may be cited as "the Judicial Service Commission Proclamation of Eritrea No. 165/2026."

Article 2 — Repealed and inconsistent laws

Any proclamation, decree, decree-law, statutory regulation, or customary practice previously in force concerning the appointment, tenure, discipline, or removal of judges that is inconsistent with the provisions of this Proclamation is hereby repealed and replaced.

Article 3 — Interpretation

Unless the context otherwise requires, in this Proclamation:

1. "appointing authority" means the President, acting in accordance with the relevant provisions of the Constitution.

2. "Advocate" means a legal practitioner duly admitted to practice before the superior courts of Eritrea and registered with the recognized Eritrean Bar Association.

3. "Bar Association" means the recognized national professional body of practicing legal practitioners in Eritrea.

4. "Chairperson" means the Chairperson of the Judicial Service Commission elected under Article 19 of this Proclamation.

5. "Chief Justice" means the Chief Justice of the Supreme Court of Eritrea appointed pursuant to Article 42(7) and Article 49 of the Constitution.

6. "Commission" means the Judicial Service Commission established under Article 53 of the Constitution and constituted under Article 6 of this Proclamation.

7. "Commissioner" means an individual serving as a member of the Commission.

8. "complainant" means a person or body that submits a formal complaint concerning the conduct or capacity of a judge.

9. "Constitution" means the 1997 Constitution of the State of Eritrea.

10. "court" means the Supreme Court or a lower court established by law.

11. "judge" includes the Chief Justice, a Justice of the Supreme Court, and a judge of a lower court, but does not include an administrative employee who exercises no judicial power.

12. "judicial office" means an office in which judicial power is exercised under the Constitution or another law.

13. "judicial service" means service as a judge and, where another law so provides, service in another judicial office.

14. "lower court" means a court established by law below the Supreme Court.

15. "proposal" means the Commission's formal nomination of a qualified person for appointment to judicial office under Article 42(8) or 42(9) of the Constitution.

16. "public member" means a Commissioner appointed under Article 14 of this Proclamation who is not serving as a judge, practicing legal practitioner, or law teacher.

17. "Advocate General" means the principal legal adviser to the Government appointed pursuant to Article 54 of the Constitution.

18. "Minister" and "Ministry" means the Minister and Ministry responsible for Justice, respectively.

19. "National Assembly" means the legislative body of the State of Eritrea established under Chapter IV of the Constitution.

20. "President" means the Head of State and Government of Eritrea elected pursuant to Article 41 of the Constitution.

21. "Secretariat" means the administrative, legal, and investigative Secretariat of the Commission established under Article 15 of this Proclamation.

22. "Secretary" means the Secretary to the Commission appointed under Article 16 of this Proclamation.

Article 4 — Objects of the Proclamation

The objects of this Proclamation are to:

1. give effect to Articles 42, 48, 52, and 53 of the Constitution;

2. safeguard the absolute independence, dignity, and impartiality of the judiciary and the courts;

3. establish transparent, competitive, and merit-based judicial recruitment and promotion workflows;

4. protect the security of tenure and procedural due process rights of judges;

5. provide a fair, objective, and effective system for complaints, discipline, and incapacity;

6. promote competence, integrity, diversity, and equal opportunity in the judicial service; and

7. secure the institutional independence, financial autonomy, and public credibility of the Commission.

Article 5 — Constitutional consistency and application

1. This Proclamation shall be interpreted in strict conformity with the Constitution and, in particular, with the independence of the courts under Article 48.

2. Nothing in this Proclamation authorizes the Commission to direct, review, influence, or interfere with the adjudicative decision of a court or judge in any specific case.

3. Nothing in this Proclamation alters:

a. the constitutional method for selecting and appointing the Chief Justice under Article 42(7);

b. the authority of the Supreme Court to determine its internal organization and operation under Article 49(3); or

c. the appointment and approval powers conferred upon the President and the National Assembly by Article 42.

4. Where another statutory law is inconsistent with this Proclamation in a matter within the constitutional mandate of the Commission, the provisions of this Proclamation shall prevail to the extent of the inconsistency, subject always to the Constitution.

CHAPTER 2 — ESTABLISHMENT, STATUS, FUNCTIONS, AND POWERS

Article 6 — Establishment of the Commission

1. The Judicial Service Commission required by Article 53 of the Constitution is hereby organized and operationalized as an autonomous constitutional organ.

2. The Commission is a body corporate with perpetual succession and a common seal, and shall, in its corporate name, be capable of:

a. suing and being sued;

b. acquiring, holding, managing, and disposing of movable and immovable property;

c. entering into contracts and agreements necessary for the execution of its mandate; and

d. doing all such other acts and things as a body corporate may lawfully do.

3. The head office of the Commission shall be in Asmara, and the Commission may establish regional administrative offices elsewhere in Eritrea as resources and access to justice require.

Article 7 — Independence of the Commission

1. In performing its functions, the Commission shall be independent and subject only to the Constitution and the law.

2. No person or authority, including executive or legislative organs, may direct or control the Commission concerning a particular candidate, complaint, investigation, disciplinary matter, or recommendation.

3. Every organ of the State shall protect the independence, dignity, resources, and effective functioning of the Commission.

4. A Commissioner or member of staff shall not seek or receive instructions from a political party, public officer, security organ, professional association, or other person concerning the determination of an individual matter.

Article 8 — Functions of the Commission

The Commission shall:

1. conduct recruitment and submit proposals for the appointment of Justices of the Supreme Court other than the Chief Justice pursuant to Article 42(8) of the Constitution;

2. conduct recruitment and submit proposals for the appointment of judges of the lower courts pursuant to Article 42(9) and Article 50 of the Constitution;

3. conduct or supervise competitive processes for promotion to judicial offices where appointment to the office is made under Article 42(8) or 42(9) of the Constitution;

4. exercise disciplinary jurisdiction over magistrates, registrars, and administrative staff of the Judiciary;

5. make recommendations to the President, the National Assembly, and any other competent authority concerning the terms, conditions, and remuneration of judicial service;

6. receive, screen, and determine complaints within its jurisdiction concerning judges;

7. investigate whether a judge should be removed for a ground stated in Article 52(1) of the Constitution;

8. recommend to the President the removal of a judge where the constitutional standard is met;

9. recommend to the President the suspension of a judge under active investigation where the requirements of Article 48 of this Proclamation are met;

10. administer proportionate disciplinary measures short of removal as provided by this Proclamation and the Judicial Code of Conduct;

11. develop and publish regularized policies and procedures for judicial recruitment, promotion, ethics, and discipline;

12. recommend measures that strengthen judicial competence, integrity, operational transparency, and equal access to judicial office;

13. maintain secure and reliable records and statistics concerning its work; and

14. report publicly on the discharge of its mandate and perform any other function conferred by a law consistent with the Constitution.

Article 9 — Limitations on the Commission's mandate

1. The Commission shall not select, nominate, or propose a candidate for appointment as Chief Justice.

2. The Commission shall not review the correctness of a judicial decision; a challenge to such a decision shall be pursued only through appeal, review, or another judicial remedy provided by law.

3. A judge shall not be disciplined merely because a decision is unpopular, is reversed on appeal, or contains an error made in good faith.

4. The Commission shall not administer the routine adjudicative business of a court, assign particular cases, or interfere with the Supreme Court's constitutional power over its internal organization and operation.

5. The Commission shall not conduct a collective purge or blanket lustration of judges. Any allegation affecting tenure shall be determined individually under Article 52 of the Constitution and this Proclamation.

Article 10 — General powers

For the proper performance of its functions, the Commission may:

1. require a person, subject to lawful privilege, to provide relevant information or a document;

2. summon a person to give evidence or produce records in a disciplinary investigation or hearing;

3. administer an oath or affirmation;

4. commission lawful background, professional-standing, tax-compliance, and integrity checks;

5. obtain expert advice, including independent medical or occupational evidence in an incapacity matter;

6. establish standing or ad hoc committees and panels;

7. enter into cooperative arrangements with courts, professional bodies, educational institutions, and constitutional institutions;

8. conduct research and public consultation;

9. adopt standardized forms, policies, guidelines, and internal procedures; and

10. do anything reasonably incidental to a function lawfully conferred upon it.

CHAPTER 3 — COMPOSITION AND TENURE

Article 11 — Composition

1. The Commission shall consist of nine Commissioners:

a. the Chief Justice, who shall be the Chairperson ex officio;

b. one Justice of the Supreme Court, elected by secret ballot by the Justices of that Court other than the Chief Justice;

c. one judge of a lower court, elected by secret ballot by all sitting judges and magistrates of the regional High Courts and lower courts convening in an electoral college;

d. the Advocate General ex officio, representing the Executive branch pursuant to Article 54 of the Constitution;

e. two practicing Advocates of not less than ten years' good standing, being one male and one female, elected by secret ballot by the general membership of the Bar Association;

f. one teacher of law of not less than ten years' professional experience, selected jointly by the permanent law faculties of accredited Eritrean institutions providing university-level legal education; and

g. two lay public members, being one male and one female of unimpeachable moral integrity, selected and appointed under the open competitive workflow set forth in Article 14 of this Proclamation.

2. The Secretary shall attend all plenary meetings but shall have no voting rights.

3. No Minister, member of the National Assembly, serving member of a security, intelligence, or defence force, public prosecutor, political-party officer, or employee of the Office of the President may serve as a Commissioner.

4. The President shall have no statutory authority to nominate, appoint, or veto the members selected or elected under sub-article (1)(b), (c), (e), and (f) of this Article.

Article 12 — Diversity and inclusive membership

1. The composition of the Commission shall, taken as a whole:

a. include women and men, with no more than two-thirds of the Commissioners being of the same sex;

b. reflect, as reasonably practicable, Eritrea's regional, cultural, and linguistic diversity across its nationalities;

c. include persons with experience of communities that have historically faced barriers to justice; and

d. be based on individual merit and integrity and not on political patronage.

2. Bodies electing or selecting Commissioners shall coordinate through the Secretary solely to comply with sub-article (1) of this Article, without interfering with each other's substantive professional choice.

3. The public-member selection process shall correct any remaining imbalance necessary to satisfy the gender representation safeguards of sub-article (1)(a) of this Article.

Article 13 — General qualifications, disqualifications, and professional elections

1. A Commissioner shall be an Eritrean citizen of proven integrity, independence, competence, and sound judgment, who understands the Constitution, judicial independence, and fair administrative procedure, and is able to devote sufficient time to the work of the Commission.

2. A person is not eligible to serve, or shall cease to serve, as a Commissioner if the person:

a. is an undischarged bankrupt;

b. has been convicted of an offence involving dishonesty, corruption, abuse of office, or serious violence, unless the conviction has been lawfully set aside;

c. has been removed from public or professional office for serious misconduct or disbarred from the practice of law;

d. holds a prohibited political or executive office under Article 11(3);

e. is an office-holder or paid employee of a political party, or has held such a position during the preceding three years;

f. is permanently incapable of performing the functions of office due to infirmity of body or mind; or

g. has a financial or other interest that substantially impairs the person's independence and cannot reasonably be managed by disclosure and recusal.

3. An election or selection under Article 11(1)(b), (c), (d), and (e) shall be conducted by secret ballot or another independently verifiable procedure managed by an independent election administrator. The responsible professional bodies shall publish the vacancy, permit nominations, conduct the process without political direction, and certify the result to the Secretary. A person duly elected assumes office immediately upon taking the oath; no further executive approval or warrant is required.

Article 14 — Selection and appointment of public members

1. Public members shall be selected through open competition by an independent Public Appointments Panel consisting of:

a. a person nominated by the standing committee of the National Assembly responsible for justice affairs, who shall convene the Panel;

b. the Auditor General or a nominee of that office;

c. the head of the Civil Service Administration or a nominee of that institution;

d. a person jointly nominated by accredited Eritrean universities; and

e. a person selected, after a public call, by lawfully constituted civic organizations working in human rights, disability, women's equality, or access to justice.

2. A member of the Public Appointments Panel shall satisfy the general integrity qualifications, disclose all personal interests, and shall not be a candidate for the Commission.

3. The Panel shall publish public notices of vacancies, receive applications, verify background qualifications, conduct public interviews, and nominate two qualified candidates for each vacancy. At least one public member shall have substantial experience in public administration, finance, institutional management, or community access to justice.

4. The National Assembly shall, after public consideration of the nominations, approve one candidate for each public vacancy by a vote of not less than two-thirds of members present and voting.

5. In accordance with Article 42(7) of the Constitution, the President shall formally appoint each public member approved by the National Assembly within fourteen days. No authority may substitute a person who was not nominated and approved under the strict terms of this Article.

Article 15 — Term of office and staggering

1. A Commissioner elected or selected under Article 11(1)(b), (c), (e), and (f) shall serve for a term of four years and may be re-elected or reselected once.

2. A public member appointed under Article 11(1)(g) shall serve for a term of five years and is not eligible for immediate reappointment.

3. The term of an ex officio Commissioner continues only while the person holds the qualifying office.

4. Terms shall be staggered in accordance with Schedule 3 to preserve institutional continuity. A Commissioner whose term expires may complete participation in an active disciplinary hearing that began before expiry, but shall not otherwise vote or participate in Commission business.

Article 16 — Oath or affirmation

Before assuming office, every Commissioner shall make the oath or solemn affirmation set forth in Schedule 1 of this Proclamation before a judge designated by the Supreme Court.

Article 17 — Vacancy, temporary inability, and removal of a commissioner

1. A vacancy occurs upon death, resignation, expiry of term, disqualification, or lawful removal. A Commissioner may resign by written notice to the Chairperson, or, in the case of the Chairperson, to the Vice-Chairperson. A vacancy shall be filled by the same professional method and from the same category within sixty days. No alternate may vote in place of a Commissioner except where expressly authorized by this Proclamation for an ex officio office.

2. A non-ex-officio Commissioner may be removed from office before the expiry of their term only for serious misconduct, incapacity, gross incompetence, persistent failure to perform duties, or a disqualification under Article 13(2).

3. Removal shall occur only after a fair hearing before an independent tribunal consisting of:

a. a retired judge nominated by the Supreme Court;

b. a legal practitioner of at least fifteen years' standing nominated by the Bar Association; and

c. a public-administration or governance expert nominated jointly by the Auditor General and the Civil Service Administration.

4. The tribunal shall be convened by the Chairperson of the National Assembly and shall publish a reasoned finding, subject to lawful protection of private information. Where the tribunal finds a ground proved, the body that elected or selected the Commissioner shall remove that Commissioner. In the case of a public member, removal shall be effected by a two-thirds vote of the National Assembly and formal notice by the President.

5. A Commissioner may be suspended on full remuneration only where an allegation is exceptionally serious and continued service presents a substantial risk to the Commission's integrity or investigation. Suspension shall be reviewed every thirty days.

CHAPTER 4 — GOVERNANCE AND DECISION-MAKING

Article 18 — Chairperson and vice-chairperson

1. At its first plenary meeting following a vacancy in either office, the Commission shall elect:

a. the Chairperson from among the appointed public members; and

b. the Vice-Chairperson from among the Commissioners who are neither judges nor public officers.

2. The Chairperson and Vice-Chairperson serve in that capacity for a term of three years and may be re-elected once if their underlying term as Commissioner continues.

3. The Chairperson shall preside over all sessions, safeguard the absolute impartiality of proceedings, supervise the Secretary on behalf of the Commission, and represent the Commission publicly. The Vice-Chairperson shall act where the Chairperson is absent, recused, or unable to act.

Article 19 — Meetings

1. The Commission shall convene for ordinary statutory sessions at least once every 3 months at the seat of the Supreme Court. Special or extraordinary sessions may be convened by the Chairperson or upon the written request of at least three Commissioners.

2. Reasonable advance notice and an agenda shall be provided to all members, except in a genuine emergency recorded in the minutes.

3. Participation may occur through secure electronic means where identity, confidentiality, and mutual deliberation can be fully protected.

Article 20 — Quorum and voting

1. The quorum for the transaction of business at any meeting of the Commission shall be six Commissioners, including:

a. at least two Commissioners holding or elected from judicial office; and

b. at least two Commissioners who are neither serving judges nor practicing legal practitioners.

2. A decision is made by an absolute majority of Commissioners present and voting unless this Proclamation requires a greater majority.

3. A formal proposal for judicial appointment and a final recommendation for removal or suspension require the affirmative vote of at least six Commissioners.

4. The Chairperson has a deliberative vote but no casting vote. In the event of a tie, the motion fails.

5. A vacancy does not invalidate an otherwise lawful decision, but the Commission shall not continue for more than ninety days with fewer than seven sitting Commissioners.

Article 21 — Disclosure, recusal, and ex parte communication

1. A Commissioner shall promptly disclose any personal, professional, financial, familial, or political interest that may reasonably be perceived to affect impartiality in any matter before the Commission.

2. A Commissioner shall be mandatorily recused from a matter involving the Commissioner personally, a close relative or household member, a recent client, employer, business associate, or direct professional opponent, or any other circumstance creating a reasonable apprehension of bias.

3. A party may request recusal. The Commission, excluding the affected Commissioner, shall decide the request and record written reasons.

4. A person shall not privately communicate with a Commissioner concerning the merits of an individual matter. Any unsolicited material transmitted shall be immediately disclosed to the Secretary and all affected parties where fairness requires.

Article 22 — Committees and panels

1. The Commission may establish standing or ad hoc committees to facilitate its workflows, including a Recruitment Committee, Complaints Screening Committee, Investigation Committee, Disciplinary Hearing Panel, Finance and Audit Committee, and Terms and Conditions Committee.

2. A committee may include a non-voting expert but may exercise decision-making authority only if this Proclamation or specific regulations expressly permit.

3. No person who conducted or directed a preliminary investigation may sit as a voting member of the Disciplinary Hearing Panel in the same matter.

4. The Commission may not delegate a final proposal for judicial appointment or a final recommendation for removal or suspension; all such decisions vest exclusively in the plenary Commission.

Article 23 — Code of conduct and interests register

1. Within ninety days after its first meeting, the Commission shall adopt and publish a rigid code of conduct for Commissioners and staff, regulating integrity, impartiality, political neutrality, gifts, outside employment, confidentiality, and post-service conduct.

2. Every Commissioner and designated senior employee shall file an annual declaration of assets, liabilities, and material commercial interests with the Auditor General.

3. The Commission shall maintain a public register of declared interests, excluding specific information whose disclosure would create a serious and demonstrable privacy or security risk.

Article 24 — Openness and confidentiality

1. The Commission shall conduct its work as openly as is compatible with fairness, privacy, security, and candid deliberation.

2. Vacancy notices, selection criteria, shortlists, interview schedules, final proposals, regulations, annual reports, and non-confidential policies shall be public documents.

3. Deliberations, draft scoring, protected personal information, privileged legal material, witness-protection information, and active investigation records are strictly confidential unless lawfully released by a court order.

4. A restriction on disclosure shall be narrowly applied and recorded with written reasons. Confidentiality shall never be used to conceal illegality, improper influence, discrimination, or a conflict of interest.

5. Key public notices, forms, and explanations shall be made available in such Eritrean languages and accessible formats as are necessary for effective public participation.

CHAPTER 5 — SECRETARIAT, STAFF, AND FINANCE

Article 25 — Secretary to the Commission

1. The Commission shall, through open public competition, appoint a Secretary who is the chief executive and accounting officer of the Commission.

2. The Secretary shall have at least ten years' relevant experience in law, public administration, institutional management, or finance, and shall satisfy the integrity requirements of Article 13(1).

3. The Secretary serves for a term of five years and may be reappointed once following a documented performance review.

4. The Secretary shall implement decisions of the Commission, manage staff, records, finances, and procurement, maintain secure recruitment and complaints systems, and prepare agendas, minutes, budgets, and reports.

5. The Secretary may be removed only for a fair reason and after formal notice and a full opportunity to respond.

Article 26 — Secretariat and staff

1. The Commission shall have an independent Secretariat staffed with such professional, investigative, administrative, information-technology, and support personnel as are necessary.

2. Staff shall be recruited competitively on merit and on terms recommended by the Commission in consultation with the Civil Service Administration.

3. Investigative staff shall be operationally separate from staff supporting disciplinary adjudication panels.

4. A serving member of the defence, security, or intelligence services may not be seconded to a position that gives access to confidential candidate or disciplinary information.

5. The Commission may obtain time-limited technical assistance, but an external adviser shall not vote or determine an individual matter.

Article 27 — Funds of the Commission

The funds of the Commission consist of:

1. money appropriated by the National Assembly;

2. lawful grants or technical assistance that do not compromise institutional independence;

3. fees lawfully prescribed for non-core administrative services, provided that no fee shall impede the submission of a complaint or application for judicial office; and

4. other funds lawfully received and disclosed.

Article 28 — Budget and financial independence

1. The Commission shall prepare and submit its annual budget estimates directly to the National Assembly, with a copy to the ministry responsible for finance.

2. The executive branch may comment on, but shall not revise or slash, the submitted estimates before their presentation to the National Assembly.

3. Appropriated funds shall be released regularly as a direct charge on the Consolidated Fund and shall not be withheld or reduced to influence an individual or institutional decision.

4. The Commission shall administer its budget subject to public-finance, procurement, and audit law.

Article 29 — Accounts and audit

1. The Commission shall keep complete financial accounts and an asset register, which shall be audited annually by the Auditor General.

2. The audited financial statements and the Commission's response to audit findings shall be submitted to the National Assembly and published, subject to lawful redactions of personal privacy data.

CHAPTER 6 — JUDICIAL RECRUITMENT, APPOINTMENT, AND SERVICE CONDITIONS

Article 30 — Notice of vacancy

1. The competent court administrator shall notify the Commission promptly of an existing or anticipated judicial vacancy. The Commission shall verify that the office is authorized by law and that budgetary provision exists.

2. At least sixty days before the closing date, the Commission shall publish a Notice of Vacancy specifying:

a. the office and number of vacancies;

b. constitutional and statutory qualifications;

c. selection criteria and their relative weighting;

d. application or nomination requirements;

e. the closing date and indicative timetable;

f. the public-information process; and

g. privacy and confidentiality rules.

3. A vacancy shall be advertised throughout Eritrea through reasonably accessible media and, where useful, to qualified Eritrean legal professionals residing abroad.

Article 32 — Governing selection principles

1. Judicial selection shall be based primarily on merit, integrity, independence, and capacity to administer justice fairly.

2. The Commission shall apply the principles in Schedule 2 and specific criteria adopted before applications open.

3. Diversity and lived experience may be considered to strengthen equal justice and public confidence, but shall never excuse failure to meet the minimum qualifications of office.

4. Political loyalty, ethnic or regional favoritism, personal patronage, and willingness to decide cases in a predetermined manner are strictly prohibited considerations.

Article 33 — Applications, verification, and screening

1. Applications and nominations shall be received through a secure, accessible, and documented process. A nominated person shall give written consent and provide the required disclosures.

2. The Secretariat shall verify identity, citizenship, education, professional standing, experience, disciplinary history, conflicts, and representative work.

3. An integrity check shall be lawful, proportionate, and subject to correction by the candidate. A security organ may provide relevant verified factual information but shall have no power to approve, reject, or rank a candidate.

4. Knowingly providing false material information shall disqualify a candidate after notice and a fair opportunity to respond.

Article 34 — Shortlisting and public information

1. The Commission shall shortlist only candidates who meet the legal qualifications and published criteria, containing, so far as practicable, at least three candidates for each vacancy.

2. The names and professional biographies of shortlisted candidates shall be published for not less than twenty-one days for submission of relevant, documented public information.

3. Anonymous information may trigger internal verification but shall not by itself support an adverse finding. Abusive, irrelevant, or knowingly false submissions shall be disregarded.

4. A candidate shall receive the substance of credible adverse information and a reasonable opportunity to respond before it is relied upon by the Commission.

Article 35 — Interviews and assessment

1. Interviews for appointment to the Supreme Court shall be public and recorded, except for a narrowly tailored closed portion necessary to protect lawful confidentiality or witness security.

2. Interviews for lower-court appointment shall ordinarily be public; the Commission may use a recorded professional assessment where the number of candidates makes individual public interviews disproportionate.

3. Questions shall relate strictly to published criteria and shall respect dignity, equality, and privacy. Candidates for the same office shall be assessed through substantially comparable questions and exercises.

4. The Commission may use legal writing, judgment-writing, case-management, language, or other job-related assessments validated for fairness. No candidate may be required to promise a result in a future case or disclose a protected judicial deliberation.

Article 36 — Deliberation and proposal

1. The Commission shall deliberate in private on the full record, including verified public information and the candidate's response. Each Commissioner shall apply the published criteria and record an assessment in the prescribed form.

2. For each vacancy, the Commission shall propose one person and may identify a reserve candidate who may be used only if the proposed person is not approved, declines, or becomes legally ineligible. A proposal requires the majority specified in Article 20(3).

3. The Commission shall publish a reasoned statement explaining how the proposed candidate satisfies the criteria, without disclosing protected information or comparative material that would unfairly harm another candidate. The Commission shall preserve the complete record for judicial review and institutional audit.

Article 37 — Appointment of Supreme Court justices other than the Chief Justice

1. The Commission shall transmit its proposal for appointment as a Justice of the Supreme Court to the National Assembly and the President.

2. The National Assembly shall consider the proposal through a fair and public process and shall approve or reject it within thirty days. A rejection shall state written reasons relevant to the constitutional qualifications and shall not substitute another candidate.

3. Following approval by the National Assembly by a two-thirds vote of members present and voting, the President shall formally appoint the person proposed within fourteen days in accordance with Article 42(8) of the Constitution.

4. If the proposal is lawfully rejected, the Commission shall determine whether to propose the reserve candidate or reopen the process. This Article does not apply to the Chief Justice.

Article 38 — Appointment of lower-court judges

1. The Commission shall transmit its proposal for appointment as a judge of a lower court to the President. The President shall sign the Instrument of Appointment within fourteen days of receipt in accordance with Article 42(9) of the Constitution.

2. No person who has not been proposed by the Commission may be appointed. A failure or refusal by the executive to perform the constitutional appointment function within fourteen days shall trigger the deemed appointment protections set forth in Article 21(3).

Article 39 — Acting and temporary judicial office

1. An acting or temporary appointment shall not be used to evade the recruitment, approval, tenure, or removal requirements of the Constitution.

2. A person exercising the full judicial power of an authorized office for more than sixty days shall have been selected through a procedure prescribed by law that protects merit and independence.

3. An acting appointment shall be for a specified, objectively justified period and shall not create an expectation of permanent appointment. Repeated acting appointments designed to influence a judge's decisions are prohibited.

Article 40 — Promotion, transfer, and conditions of service

1. Promotion to a distinct judicial office requiring presidential appointment shall follow the complete workflow of Articles 30-38. An administrative transfer shall be governed by the law on court administration and shall never be imposed as disguised discipline or retaliation. A judge affected by an involuntary transfer shall receive written reasons and access to independent review.

2. The Commission shall periodically review remuneration, pensions, leave, security, facilities, workload, and other conditions necessary for independent judicial service. It shall consult judges, court administration, the Civil Service Administration, and the ministry responsible for finance, publishing its evidence-based recommendations and transmitting them to the National Assembly and President. Terms and conditions shall never be manipulated to reward, punish, or influence a judge.

CHAPTER 7 — COMPLAINTS, DISCIPLINE, INCAPACITY, SUSPENSION, AND REMOVAL

Article 41 — Submission and registration of complaints

1. Any person may submit a complaint in the prescribed accessible form without fee. The Commission may act on credible information on its own motion, but shall record the source and basis for doing so.

2. A complaint shall identify, so far as reasonably possible, the judge, the specific conduct, the date, and supporting information. The Secretariat shall acknowledge, register, and securely preserve every complaint.

3. A complainant shall be informed of material progress, subject to fairness and confidentiality rules. Retaliation against a complainant, witness, judge, or staff member for lawful participation is strictly prohibited and constitutes an offence.

Article 42 — Preliminary screening

1. A Complaints Screening Committee shall determine whether a complaint:

a. is within the Commission's jurisdiction;

b. alleges facts that, if proved, could amount to incapacity, violation of law, or breach of the Code;

c. concerns the merits of a judicial decision and should be pursued by judicial appeal remedy; or

d. is frivolous, abusive, duplicative, or manifestly unsupported.

2. A complaint shall not be dismissed merely because it is informal or unrepresented. A screening dismissal shall be reasoned and notified to the complainant, who may request reconsideration by a different committee within thirty days.

Article 43 — Investigation

1. Where a complaint discloses a prima facie case, the Commission shall give the judge written notice of the allegations and commence a proportionate investigation.

2. The judge is entitled to sufficient particulars, a reasonable opportunity to respond, legal representation, access to material evidence, and freedom from public prejudgment.

3. The Investigation Committee may interview witnesses, obtain documents, and commission expert evidence. Exculpatory as well as inculpatory evidence shall be investigated and disclosed.

4. The investigation shall be completed without unreasonable delay. The Commission shall review any investigation continuing beyond ninety days and record written reasons for an extension. At its conclusion, the Committee shall recommend dismissal, informal resolution, a disciplinary charge, an incapacity process, or consideration of removal.

Article 44 — Disciplinary hearing

1. A contested disciplinary charge shall be heard by a Disciplinary Hearing Panel composed of members who did not investigate the matter. The hearing shall be fair, impartial, and completed within a reasonable time.

2. The presenting officer bears the burden of proving misconduct by clear and convincing evidence. The judge may be represented, present evidence, call and question witnesses, and challenge adverse evidence.

3. Hearings shall ordinarily be public where removal is sought, but all or part may be closed to protect compelling privacy, security, vulnerable witnesses, or the administration of justice. The Panel shall issue findings and reasons to the Commission and the judge, and the Commission shall make the final disciplinary decision after permitting written submissions on the Panel's findings.

Article 45 — Disciplinary outcomes short of removal

1. Where a breach of the Code or violation of law is proved but removal is not warranted, the Commission may impose advice or counselling, a private caution, a public reprimand, or an order for education, mentoring, or corrective action.

2. In selecting an outcome, the Commission shall consider seriousness, intent, harm, pattern, acknowledgment, prior discipline, and the need to protect judicial independence.

3. The Commission shall not reduce a judge's remuneration, alter tenure, or remove the judge except in accordance with the strict terms of the Constitution and law. A reasoned disciplinary decision shall be provided to the judge and published in an appropriately redacted form.

Article 46 — Recommendation for removal

1. The Commission may recommend removal only where it finds, after the complete procedure in Articles 43 and 44, that the judge:

a. has a physical or mental incapacity that prevents the performance of judicial office and cannot reasonably be accommodated;

b. has committed a serious violation of law incompatible with judicial office; or

c. has committed a serious or persistent breach of the Code incompatible with continued judicial office.

2. A recommendation for removal requires the vote specified in Article 20(3) and a reasoned decision identifying the constitutional ground and material findings.

3. The Commission shall transmit the complete recommendation to the President and provide it to the judge. Under Article 52(1) of the Constitution, only the President, acting on the Commission's recommendation, may remove the judge before expiry of tenure. The President shall act on the recommendation within thirty days and publish the decision and reasons. No authority may remove a judge on a ground or factual finding not formally considered by the Commission.

Article 47 — Recommendation for suspension

1. The Commission may recommend suspension under Article 52(3) of the Constitution only where a formal investigation or charge concerning possible removal is pending, and continued exercise of office presents a substantial risk to evidence, witnesses, court integrity, or public confidence.

2. Before recommending suspension, the Commission shall give the judge notice and an opportunity to respond, unless an immediate temporary recommendation is strictly necessary to prevent serious harm.

3. Suspension is precautionary and not a finding of misconduct. A suspended judge shall retain full remuneration and benefits unless the Constitution expressly provides otherwise.

4. The Commission shall review the need for suspension at least every sixty days and recommend termination when the justification no longer exists. The President may suspend only on the recommendation of the Commission and shall publish notice of the decision.

Article 48 — Incapacity proceedings and protection of adjudication

1. Incapacity shall be addressed with dignity, confidentiality, medical privacy, and reasonable accommodation. The Commission shall obtain independent expert medical evidence and permit the judge to submit contrary evidence. Temporary illness or disability shall not justify removal where leave, accommodation, treatment, or reassignment consistent with judicial office can reasonably enable performance. A recommendation for removal on incapacity grounds shall explain why reasonable accommodation is insufficient.

2. In determining whether conduct is within its jurisdiction, the Commission shall strictly distinguish between a good-faith judicial decision or legal error (which is for appeal or review) and corruption, improper communication, deliberate denial of a fair hearing, or bad-faith abuse of office. A complaint concerning delay may be investigated where the delay is persistent, unjustified, and attributable to the judge, but workload, resources, illness, and administrative conditions shall be considered. Judicial reasoning may be examined only to the limited extent necessary to determine bad faith or misconduct and never to substitute the Commission's view of the law.

CHAPTER 8 — ACCOUNTABILITY, REPORTING, AND PUBLIC ACCESS

Article 49 — Annual report

1. Within four months after each financial year, the Commission shall submit an annual report to the National Assembly and the President, and publish it.

2. The report shall include vacancies, applications, shortlists, proposals, and appointments; complaint volumes, categories, processing times, and outcomes; pending matters and reasons for delay; recommendations on terms and conditions of service; audited financial statements; and instances of attempted improper interference and the Commission's response.

3. The report shall not identify a complainant, witness, unsuccessful candidate, or judge in a dismissed confidential matter unless disclosure is necessary and fair.

4. The Commission shall appear before the responsible committee of the National Assembly to answer questions concerning administration, expenditure, and policy, but shall not disclose protected deliberations or be directed in an individual matter.

Article 50 — Records, data protection, and access to information

1. The Commission shall maintain authentic, secure, and accessible records under an approved retention schedule. Personal information shall be collected only for a lawful purpose, protected against unauthorized access, and retained no longer than necessary.

2. A candidate or judge has a right to access and correct personal information, subject to lawful limits necessary to protect another person or an active investigation.

3. Public access to Commission records is governed by this Proclamation and the law on access to information. The Commission shall publish anonymized data in formats reasonably accessible to persons with disabilities and to speakers of Eritrean languages.

Article 51 — Public education and institutional consultation

1. The Commission may provide accurate public information about judicial recruitment, ethics, complaints, and judicial independence, but shall never comment on the merits of pending cases or promote a political party.

2. The Commission shall consult courts, the legal profession, civil society, and affected communities when adopting major regulations or selection policies.

CHAPTER 9 — MISCELLANEOUS AND TRANSITIONAL PROVISIONS

Article 52 — Service of notices and regulations

1. A notice or filing may be served personally, by registered post, through a secure electronic system, or by another verifiable method. The Commission shall provide a non-digital alternative so that lack of technology does not bar an applicant, complainant, or witness. Electronic records and signatures are valid where authenticity and integrity are reliably established.

2. The Commission may, after public consultation, make regulations necessary to implement this Proclamation, which shall be published in the Gazette of Eritrean Laws before taking effect. A regulation shall never alter a constitutional appointment route, create a new ground for removing a judge, or authorize interference with judicial decision-making.

Article 53 — Protection for good-faith acts and offences

1. No civil or criminal proceeding lies against a Commissioner, employee, complainant, or witness for a lawful act or statement made honestly and without malice in the performance of a function under this Proclamation. This does not protect corruption, knowing falsehood, malicious disclosure, or abuse of power. The Commission remains liable in accordance with law for harm caused by an unlawful institutional act.

2. A person commits an offence who intentionally threatens, bribes, coerces, or improperly influences a Commissioner or employee; retaliates against a person for lawful participation; destroys, falsifies, or conceals a material Commission record; knowingly provides material false evidence under oath; or unlawfully discloses protected candidate, complaint, or disciplinary information.

3. A person convicted under sub-article (2) of this Article is liable to a fine not exceeding 50,000 Nakfa, imprisonment for a term not exceeding two years, or both. No prosecution under this Article shall be used to punish good-faith criticism, journalism, or public- interest disclosure.

Article 54 — Transitional arrangements

1. Schedule 3 governs the constitution of the first Commission and transition to full operation.

2. Existing judges remain in office subject to the Constitution and applicable law. Nothing in this Proclamation authorizes automatic removal, collective vetting, or termination based solely on service before commencement.

3. Within twelve months, the Commission may verify the identity, qualifications, academic credentials, appointment records, and service status of all serving judges. Any adverse tenure consequence requires an individualized due process workflow under Article 52 of the Constitution and Chapter 7 of this Proclamation.

4. Conduct occurring before commencement may be considered only if it constituted a violation of law or binding judicial standards applicable at the time, or forms part of continuing conduct after commencement. A judicial recruitment or disciplinary matter pending at commencement shall be transferred to the Commission, with credit for prior fair steps and an opportunity to cure material unfairness.

Article 55 — Review and procedural irregularity

1. A person directly affected by a final administrative or disciplinary decision of the Commission may seek judicial review in the Supreme Court within thirty days of the decision. Review shall be heard without unreasonable delay by judges having no conflict of interest.

2. A minor procedural irregularity does not invalidate a decision unless it caused material unfairness or affected the structural result. The Commission shall comply promptly with a final court order.

Article 56 — Entry into force

This Proclamation shall enter into force as of the date of its publication in the Gazette of Eritrean Laws, except that the specific provisions identified in Schedule 3 may commence on staggered dates published by lawful notice. Done at Asmara, this 15th day of July 2026, The National Assembly of Eritrea.

SCHEDULE 1

OATH OR AFFIRMATION OF COMMISSIONERS

I, ________________________________________, swear/solemnly affirm that I will faithfully perform the functions of a member of the Judicial Service Commission of Eritrea; uphold and defend the Constitution of Eritrea; protect the absolute independence and dignity of the judiciary; act without fear, favour, affection, ill will, or improper influence; promptly disclose and avoid all conflicts of interest; preserve lawful confidentiality; and serve the people of Eritrea with integrity, fairness, and diligence.

SCHEDULE 2

PRINCIPLES AND CRITERIA FOR JUDICIAL SELECTION

In applying Articles 30-36, the Commission shall consider, in relation to the office concerned:

1. deep legal knowledge and professional competence;

2. constitutional understanding and absolute commitment to the supremacy of the Constitution;

3. analytical ability, legal reasoning, and clear writing;

4. integrity, honesty, and high professional standing;

5. independence from political, financial, familial, and other improper influence;

6. impartiality, fairness, open-mindedness, and respect for equality;

7. judicial temperament, patience, courage, humility, and courtesy;

8. relevant adjudicative, advocacy, academic, public-service, or community experience;

9. ability to conduct a fair hearing and protect the rights of unrepresented and vulnerable persons;

10. diligence, case management, administrative ability, and responsible use of technology;

11. communication skills and ability to work through Eritrean languages and interpretation services;

12. understanding of Eritrea's communities and historic barriers to justice;

13. potential contribution to a judiciary that is professionally and socially diverse; and

14. any additional job-related criterion published before applications open.

SCHEDULE 3

FIRST COMMISSION AND PHASED IMPLEMENTATION

1. Initial Public Appointments Panel

1. The bodies named in Article 14 shall constitute the Public Appointments Panel within thirty days after commencement.

2. If one named institution has not yet been lawfully constituted, the other Panel members may, by a recorded four-fifths vote after public consultation, appoint a temporary independent substitute from the same field. A temporary substitute serves only for the first selection exercise and shall not be a candidate for the Commission.

2. Constitution of the first Commission

1. The Chief Justice assumes ex officio membership and the interim chair immediately upon commencement.

2. Judicial, professional, and academic bodies shall complete elections or selections within sixty days. The first public members shall be appointed within ninety days.

3. If an electoral constituency under Article 11 is not yet capable of conducting a credible election, the Public Appointments Panel may nominate an interim member from that category after an open process and consultation with the constituency. An interim member serves for no more than eighteen months and is eligible to contest the first regular election.

4. The Commission is first constituted when at least seven members, including two judicial and two non-lawyer public members, have taken the oath.

3. Staggering of initial terms At the first meeting, lots shall be drawn so that:

1. one elected professional member initially serves two years;

2. one public member initially serves three years;

3. one public member initially serves four years; and

4. all other initial members serve the ordinary term prescribed by Article 15. An initial shortened term does not count as a full term for purposes of eligibility for one further term.

4. First-year priorities Within the periods stated after first constitution, the Commission shall:

1. within thirty days, adopt interim meeting, recusal, confidentiality, and records rules;

2. within sixty days, appoint or designate an acting Secretary through a transparent process;

3. within ninety days, publish Commissioner and staff codes of conduct, declarations of interest, and a complaints intake procedure;

4. within one hundred and twenty days, publish judicial selection criteria and recruitment regulations;

5. within six months, establish secure candidate, complaints, and disciplinary records systems;

6. within nine months, submit the first recommendations concerning terms and conditions of judicial service; and

7. within twelve months, submit a public implementation report to the National Assembly.

5. Transitional restraint

1. Urgent measures necessary to maintain functioning courts may be taken under law, but temporary arrangements shall not displace the Commission's constitutional role once it is constituted.

2. No transitional authority, civic organization, political party, or body outside the constitutional State may claim to make a judicial appointment, suspension, or removal under this Proclamation.

3. Preparatory research, model procedures, candidate-information systems, and draft instruments developed before commencement by educational initiatives like the ABC Journey may be considered but bind the Commission only if lawfully reviewed and adopted by the plenary Commission.

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