48. (1) The Commission shall, following its consideration of applications in accordance with section 46 which relate to a vacancy in the judicial office of a judge of the Court of Justice, an Advocate-General of the Court of Justice or a judge of the General Court recommend to the Minister 3 persons for nomination for appointment to the office concerned.

(2) The Commission shall, following its consideration of applications in accordance with section 46 which relate to a vacancy in the judicial office of a judge of the European Court of Human Rights or a judge of the International Criminal Court recommend to the Minister for Foreign Affairs 3 persons for nomination for election to the office concerned.

(3) Where the Commission cannot, whether by reason of the number of applicants or the operation of section 46, or both, as the case may be, recommend to the Minister or the Minister for Foreign Affairs the number of persons specified in subsection (1) or (2) but can recommend a lesser number of persons, it shall—

(a) recommend to the Minister or the Minister for Foreign Affairs, as the case may be, that lesser number of persons, and

(b) at the same time as making that recommendation, set out in writing the reasons it is unable to recommend the number of persons specified in the subsection concerned.

(4) Where the Commission determines that it cannot, whether by reason of there being no applicants or the operation of section 46, recommend any person for the vacancy concerned, it shall—

(a) inform the Minister or the Minister for Foreign Affairs, as the case may be, of that fact, and

(b) at the same time, set out in writing the reasons it is unable to recommend any person.

(5) The Commission shall, at the same time as making a recommendation, or informing the Minister or the Minister for Foreign Affairs, as the case may be, that it cannot make a recommendation, under this section forward the name of each person who made an application in respect of the vacancy in a judicial office concerned.