Judges on the European Court of Human Rights, who are elected
by the Parliamentary Assembly, are vested with democratic legitimacy:
Article 22 of the European Convention on Human Rights. This is not
the case when the need arises to appoint an ad hoc judge who, until
recently, was designated by a High Contracting Party once proceedings
The manner in which ad hoc judges are designated has been
improved with the entry into force of Protocol No. 14 to the Convention.
Under the new procedure, a High Contracting Party is required to
draw up a reserve list from which the President of the Court appoints
an ad hoc judge, when necessary. But this procedure still lacks democratic
legitimacy. The Committee on Legal Affairs and Human Rights is of
the view that further consideration of this situation is called
for in the future.