Areas where further discussion and re-drafting of the existing provisions are needed were highlighted. Thus, it was noted that some of the points in Section 3 also applied to the executive branch of some EU Member States. A substantive discussion about the different types of judicial office-holders ensued, noting that different status and functions may trigger distinct issues for fee-paid judges, temporary judges and permanent judges working flexibly. Reference was also made to the European Commission for the Efficiency of Justice's (CEPEJ) Evaluation Scheme’s categorisation of ‘judges’.

Participants also discussed the treatment of irregularities in the appointment of judges in the recent case law of the ECtHR, noting the questions raised about the legitimacy of the judgments issued by the judge appointed in breach of the appointment rules. Finally, participants acknowledged the need to carefully balance the possibility of judicial reform with the need to provide safeguards for judicial independence.  

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