OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of Iceland selected.61 Recommendation 1615(2003) of the Parliamentary Assembly of the Council of Europe likewise specifically requires a “qualified majority of votes sufficiently large as to imply support from parties outside government”. In order to further strengthen the NHRI’s impartiality, independence and legitimacy,62 it is recommended to supplement the Draft Act accordingly. 50. Article 4 of the Draft Act provides that the Chairperson of the Board of Directors is elected by the Althingi separately. Once again, the selection criteria and duration of the term, as well as the question of whether it is renewable, are not specified. It is also unclear why the Chairperson of the Board of Directors would be elected separately, as this would seem to be an excessive and burdensome procedure, and may also lead to an unnecessary politicization of this position. To avoid this, the legal drafters may consider revising this provision, so that the members of the Board of Directors elect the Chairperson from among its members by majority decision. Alternatively, should the Chairperson fulfill a special role that would justify a separate selection procedure, then this should be outlined in the text of the Draft Act. 51. It is unclear from the Draft Act whether the members of the Board of Directors serve in a part-time or full-time capacity. Pursuant to General Observation 2.2., the underlying NHRI legislation should provide that members of its decision-making body include fulltime remunerated members. This helps ensure the independence of the NHRI, a stable tenure for the members, regular and appropriate direction for staff, and the on-going and effective fulfilment of the NHRI’s functions.63 The legal drafters should supplement the Draft Act by providing that members of the Board of Directors include some, if not all, full-time remunerated members. In cases where some members of the Board only serve in a part-time capacity, any other professional activity that they engage in needs to be such as to allow the proper performance of the NHRI’s duties, its impartiality and public confidence therein (see par 44 supra). 52. Finally, the Draft Act should also expressly state that members of the Board of Directors serve in their own individual capacity rather than on behalf of the organization that they represent (see General Observation 1.8). 4.2. The Expiration of the Term, Resignation, Death, and Dismissal of the Members of the Board of Directors 53. 61 62 63 64 The Draft Act does not outline the criteria and procedures for terminating the mandates of the members of the Board of Directors and of its Chairperson, as well as the consequences arising from such termination. To ensure continuity of the institution, the current members and the Chairperson should remain in office after the end of their terms until a successor is appointed.64 This is crucial in the case of the Chairperson due to the importance of having a proper transfer of duties between the old and the new office-holder. The Draft Act should be supplemented accordingly. Venice Commission, Memorandum on the Organic Law on the Institution of the Ombudsman of the Federation of Bosnia and Herzegovina, approved by the Venice Commission at its 46th Plenary Meeting (Venice, 9-10 March 2001), CDL-INF(2001)007 (English only), par 2, available at http://www.venice.coe.int/webforms/documents/CDL-INF(2001)007-e.aspx. Venice Commission, Consolidated Opinion On the Law on Ombudsman in the Republic of Azerbaijan (Strasbourg, 7 September 2001), CDL(2001)083-e, pars 6-8, available at http://www.venice.coe.int/webforms/documents/?pdf=CDL(2001)083-e. General Observation 2.2 and Justification. See e.g., Venice Commission, Opinion on the Draft Amendments to the Law on the Protector of Human Rights and Freedoms of Montenegro, adopted by the Venice Commission at its 80th Plenary Session (Venice, 9-10 October 2009), par 16, available at http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2009)043-e. 17