In some countries, members of an expert-based EMB are recruited through open advertisement, and interested candidates may apply directly to be considered for appointment; in a few cases, they may also be nominated by members of the public, or by civil society organisations or specified professional bodies such as the Bar Association. Applications are received and screened (through public interviews) by an independent body (for example, a judicial selection committee or a committee of the legislature). In Botswana, all applications are received by the EMB secretariat and are forwarded to an all-party conference which nominates 15 candidates to the judicial service commission. The latter appoints five members from the all-party conference nominees in addition to the EMB chair (who must be a judge of the Supreme Court) and his or her deputy (who must be a legal professional).

While open advertising and screening mechanisms can provide a broad range of applicants for EMB member positions and promote competency in selections of members, it does not necessarily guarantee that the most appropriate candidates are chosen. Where the mechanism for screening and appointing EMB members is dominated by one political grouping, competent candidates not in favour with this grouping may have lesser chances of selection.

Some advantages and disadvantages of open advertising for members of EMBs:

Advantages

• Fosters transparency in appointment
• Provides a wide pool of prospective members
• Allows for an open selection on merit
• Promotes inclusiveness by allowing all stakeholders to nominate candidates
• Contains checks and balances in appointment process as different responsibilities for nomination, screening, and appointment
• Opens opportunities for candidates outside the favoured elites

Disadvantages

• Eminent professionals may be unwilling to submit to public screening
• People may be discouraged from applying as failure to be appointed will be publicly known
• Cost of advertising and screening processes
• Time taken to complete appointment process
• Oversight of membership and operations of screening committees may be required
• Open advertising and selection processes may disguise that a dominant political group still fully determines EMB membership