Committee Debate

[OPENING] Give your position in one sentence

We support equal opportunity in how judges are chosen, not a fixed number of women on courts. / Fair selection protects independence and merit.

[OPENING] Why is a fixed number the wrong tool? (3 points)

1) EU probably lacks the power (Art. 4(2) and 5 TEU) / 2) rigid 50/50 with an extra seat for women is not proportionate positive action / 3) it risks independence and merit (Art. 47 Charter, Art. 2 TEU)

[OPENING] What is your alternative?

Transparent criteria / balanced selection panels / shortlists with both sexes / remove career obstacles / optional: targets, deadlines, reporting duties

[OPENING] Which 3 countries do you use and why?

Romania: parity without quotas. / Ireland: process reform model. / Poland: danger when politics controls courts.

[OPENING] Do you agree there is a problem? (concede first)

Yes. Women are 45.5% of EU supreme court judges (2025) and only nine states have 40% or more of each gender. / We disagree on the method, not the goal.

[FACT-EU] Share of women on EU supreme courts, 2025 vs 20 years ago?

45.5% in 2025, up from 33%. (EIGE) / EIGE says parity could come by 2032 at the current pace.

[FACT-EU] How many Member States have 40% or more of each gender on supreme courts?

Nine. (EIGE, 2025)

[FACT-EU] How many Member States have a woman presiding over the supreme court?

Ten of 27. (EIGE, 2025)

[FACT-EU] In which countries are men outnumbered on supreme courts?

Greece, Romania, Bulgaria. (EIGE) / Use against Group A: the extra-seat rule would push these courts further from balance.

[FACT-EU] Where are women under one in three supreme court judges?

Seven states including Poland. (EIGE)

[FACT-ROMANIA] Share of women among Romania's supreme court members?

72.7% women, 27.3% men. (EIGE)

[FACT-ROMANIA] Share of women judges and court presidents in Romania?

73% of judges in 2020 and over 60% of court presidents. (CEPEJ, via Strasbourg Observers 2023)

[FACT-ROMANIA] How do judges enter the profession in Romania?

National exam at the National Institute of Magistracy, then 3 years of training as auditors of justice. / The Superior Council of Magistracy (SCM) proposes them to the president.

[FACT-ROMANIA] Who sits on the SCM?

19 members: 14 elected by magistrates, 2 civil society, plus the justice minister, HCCJ president and prosecutor general.

[FACT-ROMANIA] Is there a quota in Romania?

I found none. / Say: the evidence suggests open exam-based entry is the likely reason, but I cannot prove the cause.

[FACT-ROMANIA] What is Romania's weak point?

Few women historically on the Constitutional Court (political nominations). / Only 8 women ever vs 31 men since 1992 (2023 source). / Say historically: EIGE 2025 shows a woman presiding.

[FACT-ROMANIA] Public trust in Romanian courts?

41% see courts as fairly or very independent. / A 2026 survey found seven in ten Romanians have little or no trust. (Commission Rule of Law Report 2026)

[FACT-ROMANIA] Romania and the Council of Europe gender rule?

Since 2004 ECtHR candidate lists need at least one of each sex. / Romania's 2022 list was all male, then moved a woman from the reserve list. / She got 3 of 165 votes in round two. / It is a CoE rule, not a Romanian domestic quota.

[FACT-IRELAND] Share of women among Ireland's supreme court members?

33.3% women, 66.7% men. (EIGE)

[FACT-IRELAND] Share of women among all Irish judges?

42% in October 2022. (Cahillane paper)

[FACT-IRELAND] What is the Judicial Appointments Commission?

Created by a 2023 law. / Four judges, four lay members, Attorney General non-voting. / Recommends three names per vacancy.

[FACT-IRELAND] What does the Irish law say about gender?

Recommendations must be based on merit. / It must take account of gender balance and diversity "to the extent feasible and practicable". / No quota or number.

[FACT-IRELAND] Who can apply to the commission?

Everyone, including serving judges, with the same application and interview process.

[FACT-IRELAND] Does the government still have a say?

Yes. It chooses from the three names or can reject the list. / The Supreme Court held this constitutional (Dec 2023).

[FACT-IRELAND] Say: Ireland's weak point?

Concede first: the system is new, so it has not yet shown results. / Present it as a model for process, not proof.

[FACT-IRELAND] What did the Irish equality body recommend?

2021: require gender balance as far as practicable among commission members, advertise accessibly, objective criteria, mandatory interviews and skills tests. / Recommendations only, not rules.

[FACT-POLAND] Share of women among Poland's supreme court members?

23.2% women, 76.8% men. (EIGE) / Statistics Poland: 23% in 2021, 39% on the Supreme Administrative Court.

[FACT-POLAND] How is Poland's judicial selection body made up?

National Council of the Judiciary: 25 members. / 15 judge-members are elected by the Sejm, not by judges (since 2018). / Plus MPs, senators, president's rep, minister of justice.

[FACT-POLAND] What was Poland's gender-specific rule?

2017 law: judges' retirement age 60 for women, 65 for men. / Staying longer needed permission from the justice minister and the National Council of the Judiciary.

[FACT-POLAND] What happened to that rule?

EU Court of Justice found it discriminatory (2019). / European Court of Human Rights ruled against Poland (2023). / Poland equalised the age for both sexes.

[FACT-POLAND] Is there a gender quota in Poland?

I found none. / Say "I found no rule", not "there is none".

[FACT-POLAND] What does Poland show for your side?

Political control over appointments harms independence. / Rules that treat women judges as a category carry legal risk.

[A SAYS] "Voluntary measures have failed."

Concede: progress is slow in some states. / Evidence suggests it works elsewhere: EU women supreme court judges up from 33% to 45.5%. / Romania: 72.7% women with no quota found. / Slow cases are a selection-process problem (Poland), not a missing quota.

[A SAYS] "Women's perspective matters in some cases."

EIGE says equal representation could reduce stereotype-driven bias. I accept diversity matters. / But judges apply the law, not their gender. / Linking gender to rulings treats women judges as a category (Poland's retirement rule was struck down). / Ireland: merit first, balance as an aim.

[A SAYS] "A representative court has more legitimacy."

Trust comes from independence and fair process. / Romania: women-majority bench, yet only 41% see courts as independent. / Poland lost trust through political appointments. / The extra seat for women reverses the imbalance where men are outnumbered (GR, RO, BG).

[A SAYS] "Positive action is allowed in EU law."

Agree: Art. 23 Charter and Art. 157(4) TFEU allow it. / It must be proportionate. / A rigid 50/50 with an automatic extra seat is absolute, not flexible. / Case law (Kalanke, Marschall) is from memory: verify before citing.

[A SAYS] "Art. 19 TEU lets the EU act on judicial independence."

Art. 19 requires effective legal protection in areas of EU law. / It does not give the EU power to decide who sits on national courts. / Art. 4(2) TEU protects how states organise their institutions.

[A SAYS] "Poland shows process failed (23% women)."

Concede the number. / It shows a politicised process failed. / A quota enforced by the same political bodies would not fix it. / The fix is an independent, fair process.

[A SAYS] "Ireland has no target, so it is weak."

Concede: no number and it is new. / It is still a legal duty to take balance into account. / Can be strengthened with targets or reporting (the middle path).

[A SAYS] "Romania is a coincidence."

Concede: I cannot prove the cause. / Evidence suggests open exam-based entry. / No quota found, yet 72.7% women on the supreme court.

[A SAYS] "The proposal helps women in leadership posts."

Concede: women hold the supreme court presidency in only ten states. / Promotion and leadership are process issues: fair criteria, balanced panels, remove career obstacles.

[A SAYS] "A regulation gives clear and equal rules."

A Regulation applies identically everywhere, but courts differ hugely. / A Directive or Recommendation on selection procedures fits better.

[YOU ASK] Question 1 for Group A (odd numbers and vacancies)

How does the rule work in a court with an odd number of judges or one vacancy? / What happens if a country cannot find a candidate of the right gender?

[YOU ASK] Question 2 for Group A (extra seat)

Why should the extra seat always go to a woman? / Is that proportionate, even where men are already outnumbered (GR, RO, BG)?

[YOU ASK] Question 3 for Group A (competence)

Which Treaty article gives the EU power to decide who sits on national courts?

[YOU ASK] Question 4 for Group A (sanctions)

What are the sanctions for non-compliance? / Could a sanction delay justice or force removal of sitting judges?

[YOU ASK] Question 5 for Group A (trust)

If appointees are seen as chosen by an outside rule, how does that raise public trust?

[YOU ASK] Question 6 for Group A (existing evidence)

Romania shows balance without a quota. Why is a binding number needed?

[LEGAL] Competence in one line

EU only has powers given by states (Art. 5 TEU). / Respect for national identity and institutions (Art. 4(2) TEU). / No clear power over who sits on national courts.

[LEGAL] Why not a Regulation?

Applies directly and equally in every country, with no room to adapt. / A Directive sets a goal only; a Recommendation is not binding. / Courts differ too much for one rule.

[LEGAL] Equality articles

Art. 23 Charter: equality between women and men. / Art. 157(4) TFEU: positive action allowed. / Key point: it must be proportionate.

[LEGAL] Independence articles

Art. 47 Charter: independent and impartial tribunal. / Art. 2 TEU: rule of law as a core EU value. / Outside composition rules could hurt trust.

[LEGAL] What does "outside" mean?

Anyone outside the court's own fair selection process: the EU imposing a number, or politicians controlling who sits.

[MERIT] Is there a conflict between numbers and merit?

Fixed numbers can force a choice by gender when the best candidate is of the other sex. / Ireland solves it by putting merit first and balance as an aim.

[FEASIBILITY] Why is the rule hard to apply?

Small courts: three or five judges cannot be exactly balanced. / Odd numbers: the extra seat means a woman majority. / One vacancy or retirement breaks the rule.

[WEAK SPOT] Safe phrases to use

"The evidence suggests…" / "This shows it is possible…" / "I found no rule…" / "I cannot prove the cause, but…" / Concede first, then reply.

[WEAK SPOT] Phrases to avoid

"This proves…" / "There is no rule" (say "I found none") / "Quotas always fail"

[COMPROMISE] Offer a middle solution

Non-binding targets with deadlines / reporting duties by each state / balanced selection panels / shortlists with both sexes / review after a set number of years. / Say: this gets progress without fixing the result.

[COMPROMISE] Would you accept an amendment?

Yes, if it keeps merit and leaves states to choose how. / Example: reporting duties and targets, not a binding 50/50.

[COMPROMISE] Why is a middle path better than the original?

Keeps independence and merit (Art. 47, Art. 2 TEU). / Respects national organisation (Art. 4(2) TEU). / Models exist: Ireland's commission.

[CLOSING] Final conclusion in 3 points

1) We share the goal: more women on top courts. / 2) Evidence suggests fair process works (Romania, Ireland) and political control is the danger (Poland). / 3) A rigid number risks independence, merit and the EU's legal limits, so vote for the amendment.

[CLOSING] One-line country summary

Romania shows it can work. Ireland shows how. Poland shows what to avoid.

[CLOSING] Final question to the committee

Do we want judges trusted because they were chosen fairly, or doubted because a number put them there?