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Communication | Doc. 13799 | 02 June 2015

Election of judges to the European Court of Human Rights{In accordance with Article 22 of the European Convention on Human Rights.}

List and curricula vitae of candidates submitted by the Government of Monaco

Author(s): Secretary General of the Parliamentary Assembly

1. List and curricula vitae of candidates submitted by the Government of Monaco

Letter from Mr Gabriel Revel, Deputy to the Permanent Representative to the Principality of Monaco to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 18 May 2015

[…]

In a letter dated 10 April 2015, you requested the Monegasque authorities to present two new candidates for election to the office of Judge in respect of Monaco at the European Court of Human Rights on the expiry of the term of office of Ms Isabelle Berro-Lefèvre on 10 September 2015.

In reply, we hereby submit the name and curricula vitae of the two new candidates selected by the Government of Monaco for the said office, having received a positive opinion from the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights.

The new Monegasque candidates are:

  • Ms Anne-Marie Le Pourhiet;
  • Mr Eric Senna.

It is my honour to send you the letter from HE the Minister of State describing the procedure followed for their selection in accordance with the provisions of PACE Resolution 1646 (2009) and the record of the meeting of the responsible committee.

I remind you that Ms Stéphanie Vikström remains a candidate and that the selection procedure concerning her was presented in a letter dated 3 March 2015 (…).

[…]

Letter from Mr Michel Roger, Minister of State to the Principality of Monaco to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 8 May 2015.

[…]

On 31 March 2015 interviews of the three candidates included on the list presented by the Government of the Principality of Monaco took place in Paris before the Parliamentary Assembly’s Committee on the Election of Judges to the European Court of Human Rights.

In a letter of 10 April 2015 you informed the Monegasque authorities of the receipt, on 1 and 2 April 2015, of letters of withdrawal from two of the three candidates, namely Mr Philippe Orengo and Ms Fabienne Guien.

In these circumstances, you asked the Princely Government to forward the names of two new candidates in order to complete the list and thereby enable the Assembly to elect a Judge in respect of Monaco.

It is therefore my honour to send you, attached, the curricula vitae in French and English of the two candidates selected by the Princely Government to complete the list, and to remind you that Ms Stéphanie Mourou-Vikström, whose curriculum vitae is also again attached, remains a candidate.

The two new candidates, of French nationality, are:

  • Ms Anne-Marie Le Pourhiet;
  • Mr Eric Senna.

The national body responsible for selecting candidates for the post of Judge at the European Court of Human Rights, which is responsible for issuing an opinion on the candidatures to the Princely Government, has examined the two new candidatures and expressed a favourable opinion for each of them (…).

I remind you that this committee is the outcome of an administrative decision marking the Monegasque authorities’ wish to take into consideration the Guidelines of the Committee of Ministers in respect of the rules on the appointment and membership of the said body (Guideline No. 1 of the Committee of Ministers on the criteria for the establishment of lists of candidates).

Thus the President of the Judicial Service Commission, President of the Supreme Court, First President of the Court of Revision, Government Councillor for External Relations and Co-operation and Delegate for Legal Affairs (representing HE the Minister of State) comprised the national selection body.

That committee took the view that the candidates met the criteria prescribed both by the European Convention on Human Rights (Articles 21 to 23) and by the relevant texts of the Parliamentary Assembly of the Council of Europe in this respect.

The Monegasque authorities subsequently referred the matter to the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights.

In a confidential letter of 4 May 2015, the Panel informed the Monegasque authorities that it considered that Ms Anne-Marie Le Pourhiet and Mr Eric Senna “fulfil, in the light of their qualifications, the conditions required by Article 21 (1) of the European Convention on Human Rights”.

The list of three candidates in alphabetical order lodged by the Government of Monaco with the Parliamentary Assembly is thus as follows:

  • Ms Anne-Marie Le Pourhiet;
  • Ms Stéphanie Mourou-Vikström;
  • Mr Eric Senna.

The Monegasque authorities would appreciate the bringing forward to next June of the planned timetable for the interviews of candidates and for the election, it being specified that the seat of Judge in the Court in respect of Monaco will fall vacant on 31 July 2015.

[…]

Appendix 1 – Anne-Marie LE POURHIET

(open)

CURRICULUM VITAE

I. Personal details

Ms Anne-Marie Le Pourhiet

Nationality: French

Born in Brest on 7 August 1954

II. Education and academic and other qualifications

  • 1976 – Master’s Degree in Public Law from the Université de Bretagne Occidentale (Brest). Grade “Good” [assez bien]
  • 1977 – Diploma of Advanced Studies [Diplôme d’études approfondies] in Public Administration and Internal Public Law from the University of Paris 1 – Panthéon-Sorbonne. Grade “Good” [assez bien]
  • 1978 – Third Cycle Doctorate [Doctorat de 3eme cycle] from the University of Paris 1 – Panthéon-Sorbonne, under the supervision of Professor Georges Dupuis – thesis subject: Article 92 of the 1958 Constitution
  • 1985 – Doctorate of State [Doctorat d’Etat] from the University of Paris 1 – Panthéon -Sorbonne, under the supervision of Professor Georges Dupuis. Grade: highest honours [très honorable]. Winner of the Paul Deschanel thesis prize. Thesis subject: Substitutive Power in French Public Law
  • 1988 – Agrégation in Public Law

III. Relevant professional activities

a. Description of judicial activities

None

b. Description of non-judicial legal activities

  • Chevalier de la Légion d’Honneur
  • Professor [Professor Agrégé] of Public Law – special class – University of Rennes. Co-Director of the Human Rights and Fundamental Freedoms Section of the Institute of Public Law and Political Sciences (IDPSP), University of Rennes
  • Member of the Higher Committee for Legal Studies of the Principality of Monaco
  • Deputy Member of the Group of Independent Experts (GEI) on the European Charter of Local Self-Government (Council of Europe), representing the Principality of Monaco

1. University career

  • 1979-1986 – Assistant, University of Paris 1 – Panthéon-Sorbonne
  • 1986-1988 – Lecturer, University of Paris 1 – Panthéon-Sorbonne
  • 1988-1990 and 1994-1998: Professor, University of the Antilles and Guyana (Martinique)
  • 1990-1994 – Professor, University of Caen
  • 1998 to present – Professor, University of Rennes 1

2. Courses taught

  • Constitutional Law – University Degree, Year 1
  • Law of Fundamental Freedoms – University Degree, Year 3
  • Constitutional Disputes – Master’s 1 – Public Law
  • Constitutional Law – Master’s 2 – Public Law

3. Professional responsibilities

  • Co-Director of the Human Rights and Fundamental Freedoms Section of the Institute of Public Law and Political Sciences, University of Rennes
  • Vice-Chairperson of the French Constitutional Law Association (AFDC)
  • Member of the Higher Committee for Legal Studies of the Principality of Monaco
  • Deputy Member of the Group of Independent Experts (GEI) on the European Charter of Local Self-Government (Council of Europe), representing the Principality of Monaco
  • Member of the French Association of Local Municipality Law
  • Member of the Executive Committee of the History of Law Society
  • Deputy Member of the National Council for Higher Education and Research (CNESER) from 2007 to 2011
  • Member of the Jury for the First National Higher Level Competitive Examination for the History of Law and Institutions (2009-2010 and 2011-2012)
  • Member of the Jury for the Competitive Examination for Debate Analysts, Senate (2012)
  • Member of the Council of Experts of AGORA (the global platform on parliamentary development)
  • Member of the PRIN Research Unit on “The Right to Water”, University of La Sapienza, Rome

4. Editorial responsibilities

  • Member of the Editorial Committee of the Constitutions journal (Editions Dalloz), responsible for the “Jurisdictional Functions” column
  • Member of the Scientific Committee of Traité International de Droit Constitutionnel, Michel Troper and Dominique Chagnollaud (eds), Dalloz, 3 Volumes, 2012
  • Member of the International Consultative Committee of the Italian legal journal “Nomos – Le Attualita nel diritto.it

c. Description of non-legal professional activities:

None

IV. Activities and experience in the field of human rights

  • Co-Director of the Human Rights and Fundamental Freedoms section of the Institute of Public Law and Political Sciences, University of Rennes
  • Vice-Chairperson of the French Constitutional Law Association (AFDC)
  • Taught Fundamental Freedoms Law and Constitutional Disputes
  • Numerous publications in the field of human rights and the protection of fundamental freedoms (see works and publications below)
  • Legal consultations and drafting of memoranda on fundamental freedoms.

V. Public activities

a. Public Office

Assistant (1979-1985), Lecturer (1985-1988) and Professor (since 1988) in state higher education

b. Elected Posts

None

c. Posts held in a political party or movement

None

VI. Other activities

None

VII. Publications and other works

A. Thirteen works published, including:

Manual: Droit constitutionnel. Economica, Corpus Collection, 1st Edition 2007; 2nd Edition 2008; 3rd Edition 2010; 4th Edition, September 2012; 5th Edition, September 2013

Langue(s) et Constitution(s) (ed.), Economica, 2004, Collection Droit Public Positif, preface by Louis Favoreu

B. One hundred and sixteen articles and contributions published, including:

Article: Le Conseil constitutionnel et l’éthique bio-médicale, in Mélanges en l’honneur de Georges Dupuis, LGDJ. Montchrestien, 1997, p. 213

Article: Identité ou liberté: faut-il changer de Constitution? Revue Politeia, no. 2, 2002, p. 55

Communication: Les minorités en droit constitutionnel français, Académie des Sciences de Hongrie et Fondation Friedrich Ebert. Budapest, 10 November 2003, published in Mélanges en l’Honneur dc Slobodan Milacic, Bruylant, Brussels, 2008, p. 141

Article: Droit à la vie, droit à la mort - Réflexions sur certaines contradictions postmodernes, Mélanges en l’Honneur de Francis Delpérée. Bruylant, Brussels, 2007, p. 769

Communication: Patrimoine commun et spécificités nationales: le cas français, conference “Les 60 ans de la Convention européenne des droits de l’homme”, University of Paris III (ICEE). Senate, Paris, 9 April 2010. Les Petites Affiches, no. 254, 22 December 2010, p. 35

Article: Définir la démocratie, Revue française de droit constitutionnel, 2011, no. 87, p. 453

Communication: La liberté d’expression des militaires, conference “Aspects du droit de la défense nationale”, Greek National Defence Ministry, Greek Association of Constitutionalists and French Association of Constitutionalists, Athens, 23 May 2011, published in Mélanges en Hommage à Henry Roussillon, Le pouvoir, mythes et réalité, Presses de l’Université Toulouse-Capitole. 2014, p. 1369

Chapter: L’Egalité in Le Grand Oral — Protection des libertés et des droits fondamentaux, 2012, Serge Guinchard (ed.), Éditions Lextenso, 2nd Edition 2012, p. 555; 3rd Edition 2013, p. 579; 4th Edition, 2014, p. 609

Article: Le droit constitutionnel de la reconnaissance, Dossier «Internationalisation des constitutions et consentement du peuple», Civitas Europa – revue juridique sur l’Évolution de la Nation et de l’État en Europe, no. 32, June 2014, p.37

VIII. Languages

French, English (spoken and read) and Italian (read)

XI. Residence

I will reside in Strasbourg if I am elected.

Appendix 2 – Stéphanie MOUROU-VIKSTRÖM

(open)

CURRICULUM VITAE 
			(1) 
			Text in
bold indicates posts or missions held at present.

I. Personal details

Name, first name: Stéphanie Mourou-Vikström

Sex: female

Date and place of birth: 1 November 1970 in Marseille, France

Nationality: Monegasque

II. Education and academic qualifications

  • June 1988 – Baccalauréat D (Mathematics and Natural Sciences). Admitted to first year of preparatory course for the Grandes Ecoles (literary and humanities). Lycée Masséna, Nice.
  • June 1989 – First-year law. University of Aix-en-Provence.
  • June 1990 – Second-year law. University of Aix-en-Provence.
  • June 1991 – Bachelor’s degree in Law with International Law. University of Aix-en-Provence.
  • June 1992 – Master’s degree in Law, ERASMUS exchange programme, year of study at University of Exeter (United Kingdom). Passed law exams in English in the following subjects: Public International Law, English Legal History, Substantive Law of the European Community, Company Law.
  • June 1993 – Diplôme d’Etudes Approfondies (DEA) in International Public Law. University of Aix-en-Provence. Grade: assez bien (lower second-class honours). Dissertation: “The free movement of persons in the agreements between the EEC and the countries of Eastern Europe”.
  • 1999 – PhD thesis: “The international relations of the Principality of Monaco”, Public Law, University of Aix-en-Provence, grade très honorable (distinction). Thesis supervisor: Mr Yves DAUDET, Vice President of the University Paris I Panthéon-Sorbonne.
  • 2000-2001 – Auditeur de justice (trainee) at the French National School for the Judiciary (Ecole National de la Magistrature, ENM) in Bordeaux. Awarded ENM diploma, grade: excellent. Judicial internship at the Tribunal de Grande Instance (regional civil court) in Paris

III. Relevant professional activities

a. Description of judicial activities

  • 2002 – Assistant Judge at the Court of First Instance in Monaco.
  • 2003 – Assistant Public Prosecutor.
    • Gave prosecution address during criminal hearings, real-time direction of police investigations (detention in custody, searches, confrontations, opening preliminary judicial investigations and monitoring cases, prosecution address relating to the extension of arrest warrants or requests for release), dealing with investigation files, processing of extradition cases.
    • Chaired the Legal Aid Office.
  • 2006 – Judge at the Court of First Instance in Monaco.
    • Civil hearings and drafting of judgements.
    • Presided over hearings for flagrante delicto cases and drafted criminal judgements.
  • 2012 – Chief Judge at the Court of First Instance in Monaco.
    • In this capacity: regularly presided over civil and criminal hearings, judge responsible for overseeing expert reports and, on an occasional basis, presided over commercial hearings, hearings of the Employment Tribunal (social law) and summary hearings.
    • Permanent liberties and detention judge (drafted reasoned orders regarding any request to extend custody).
  • 2013 – President of Children’s Tribunal, ruling on minor and serious criminal cases.
    • In this capacity, drafted numerous judgements ruling on requests brought by the defence to declare proceedings void on the basis of the direct application of article 6 of the European Convention on Human Rights (right to silence, access to file, right to legal representation while in custody).

b. Description of non-judicial legal activities

  • Between 2005 and 2007 – Participated in meetings to develop legislation relating to the status of the judiciary in the Principality of Monaco and to combatting domestic violence.
  • 2009 – Appointed as a member of the Data Protection Authority of Monaco (Commission de Contrôle des Informations Nominatives, CCIN).
    • Adopted recommendations on biometric identification and video surveillance (private premises). Participated in deliberations on files complied by the police (fingerprints and palm prints, urban remote security, etc.).
    • Responsible for monitoring the personal information recorded on files held by the Police Department and SICCFIN as part of the indirect right to access for individuals.
    • Drafted reports on the compatibility of data held by the public authorities with Council of Europe Convention 108, article 8 of the ECHR and Monegasque legislation on protecting personal data.
  • 2012 – Appointed as external lawyer for the European Patent Organisation Legal Board of Appeal.

IV. Activities and experience in the field of human rights

  • October 2005 – Participated as judge representing the Principality of Monaco in a seminar organised in Strasbourg by the Steering Committee for Human Rights (CCDH) to mark the entry into force of Protocol No. 12 to the European Convention on Human Rights.
  • May 2006 – Drafted response to the questionnaire from the Council of Europe Secretariat General (DG I Legal Affairs) in advance of the 6th Conference of European Public Prosecutors on “the responsibilities of the public prosecutor in Monaco with regard to persons deprived of their liberty”.
  • Study visit to the European Court of Human Rights:
    • 1 June-15 July 2012
    • 4 March-12 April 2013
    • Worked within a division of lawyers primarily dealing with cases relating to France and Ukraine. Participated actively in the daily work of the division:
      • Processed petitions
      • Produced draft papers, decisions and judgements
      • Having carried out preliminary preparation of cases, attended meetings of the branch of the Court
      • Processed interim measures (Article 39 of the Internal Rules of Court)
  • July 2012 – Participated in a Council of Europe meeting in Strasbourg on “monitoring children’s rights in Europe”. Round table on access for children and their representatives to individual and collective complaints procedures, the situation of children who are deprived of their liberty, and children from minority groups and migrant children.
  • 2012 – Member of the European Commission for the Efficiency of Justice (CEPEJ)
    • Participated as the representative of Monaco in plenary meetings.
    • February 2013: drafted CEPEJ questionnaire on timeframes for judicial proceedings and States’ understanding of “reasonable timeframe”.
    • Member of the CEPEJ evaluation group.
    • Designated expert for the peer assessment of the judicial system in Estonia. April 2014 (pending).
    • • National representative responsible for developing the assessment grid for the judicial system in the Principality of Monaco (reference year: 2012).
  • April 2013 – Attended training day at the International Institute of Human Rights: “Representation of Applicants before the European Court of Human Rights”.
  • May 2013 – Participated in symposium organised by the International Association of Lawyers: “Recent developments regarding the jurisprudence of the ECHR in civil and criminal proceedings”.
  • 2014 – Member of the Consultative Council of European Judges (CCJE). Co-drafted questionnaire on the assessment of judges in Monaco.

V. Public activities

None.

VI. Other activities

  • Member of examination panel for admitting lawyers to the Bar of the Principality of Monaco
  • Member of the selection board for police inspectors/criminal investigation officers and Police Department officers
  • Participate regularly in initial training for trainee lawyers in Monaco through “training conferences” consisting of a presentation on the various aspects of Monegasque positive law
  • 2006 – Appointed as National Patent Judge. In this capacity, participated in a variety of seminars and meetings organised by the European Patent Organisation:
    • 2007 – Study visit for national judges to Munich
    • 2008 – Opposition and appeal procedures before the European Patent Organisation, in Munich
    • 2008 – Patent disputes and proceedings, in Ljubljana

Represented Monaco at symposia of national patent judges in Bordeaux (2008), Lisbon (2010), Dublin (2012) and Tallinn (2014) (forthcoming)

  • From 2004 to 2014 – Continuous professional development at the French National School for the Judiciary. Sessions attended include:
    • International cooperation on criminal matters (Paris)
    • The Council of Europe and the European Court of Human Rights (Strasbourg)
    • Bioethics (Paris)
    • Violence and young people (Paris)
    • Common law (Paris)
    • The Court of Justice of the European Union (Luxembourg)

  • November 2012 – participated as a member of the Data Protection Authority of Monaco in the 6th Annual Conference of the Association of Francophone Personal Data Protection Bodies (Association francophone des autorités de protection des données personnelles, AFAPDP)

VII. Publications and other works

  • 1993 – DEA dissertation “The free movement of persons in the agreements between the EEC and the countries of Eastern Europe”, 105p., University of Aix-en-Provence.
  • 1993 – Co-drafted research reports as part of DEA studies:
    • “United Nations Security Council Resolution 687”, 24p., University of Aix-en-Provence
    • “The nationality of multinational firms and Community law”, 19p., University of Aix-en-Provence
    • “Interpretation and review of decisions of international justice”, 26p., University of Aix-en-Provence
    • “The Lomé system”, 35p., University of Aix-en-Provence
  • 1999 – PhD thesis “The international relations of the Principality of Monaco”, published by Presses universitaires du Septentrion, in the collection Thèse à la carte, 454p.
  • 2014 – Academic article: “La difficile conciliation entre surveillance secrète et protection des libertés individuelles: un défi réussi pour la Cour européenne des Droits de l’Homme?” [“The difficulty of reconciling secret surveillance and the protection of individual liberties: a challenge successfully overcome by the European Court of Human Rights?”], Revue pénitentiaire et de droit penal, Ed. Cujas, 2014, 36p. (pending publication)
  • 2014 – Address on the return of the judiciary for the 2014 autumn session on the topic: “Les grandes réformes institutionnelles de la Cour européenne des Droits de l’Homme” [“The major institutional reforms of the European Court of Human Rights”], published in the Revue de droit monégasque (pending publication).

VIII. Languages

a. First language

French: native language

b. Other official language

English: reading (very good) – writing (very good) – speaking (very good), Bilingual

Diploma in English from Marlborough College (University of Oxford)

TOEFL: 623 points

c. Other languages

  • Swedish: reading (good) – writing (fair) – speaking (good). Diploma from Folkuniversitetet (diploma in Swedish), advanced level
  • Spanish: Good knowledge.

IX. I confirm that I will take up permanent resident in Strasbourg if elected a judge on the European Court of Human Rights.

Appendix 3 – Eric SENNA

(open)

CURRICULUM VITAE

I. Personal details

Last name: Senna

First Names: Eric Jean

Born on: 18 November 1959 in Paris 15ème

Marital Status: Married

Nationality: French

II. Education and Academic and Other Qualifications

  • 1980-81 – Certificates in Criminal and Criminological Sciences
  • 1984 – Master’s Degree in Private Law (Paris XI)
  • 1984-85 – Military service (Paris)
  • 1985-86 – Preparation for competition for admission to the National School for the Judiciary (ENM)
  • 1987-88 – Justice Auditor at the National School for the Magistracy (Bordeaux)
  • 2011 – Professional Master’s 2 in Litigation Law (Montpelier I)

III. Relevant Professional Activities

Current status:

  • Since September 2014, judge on secondment to the Principality of Monaco for a term of three years in a capacity as Judge at the Court of Appeal. Co-President of the Criminal Section. Participation in all forms of jurisdiction in civil, company, commercial and administrative matters.
  • Permanent member of the Monaco Delegation to the GRECO of the Council of Europe (expert).
  • Associate Lecturer in Private Law at the University of Montpelier.

a. Description of judicial activities:

1) Judge at the Court of First Instance

  • 1989-1992 – Juvenile Court judge at the High Court of Angers (49), full-time appointment (2nd Level).
  • 1992-1996 – Judge at the High Court of Perpignan, appointed to the Court of Prades (66), 2/3 time, and to the civil and criminal business of the High Court for 1/3 time.
  • 1996/2000 – Judge at the High Court of Pointe à Pitre (Guadaloupe), assigned to the Court of Pointe à Pitre and the Court of Marie-Galante. At Marie-Galante, overall direction of this island jurisdiction. At Pointe à Pitre, overall delegation as civil enforcement judge, nationalities service, and as to ¼ time to general civil service.
  • 09/2003-09/2006 – Vice-President responsible for enforcement at the High Court of Tarascon (13) (1st Grade).

Judicial follow-up of sentenced inmates serving long periods of imprisonment at two prisons: the Tarascon Detention Centre (630 inmates) and the Arles Central Prison (190 inmates).

Acted as President of the Criminal Section, bail and custodial judge, substitute and replacement for the President of the Emergency Relief Court.

2) Appeals Judge

  • 2000-2002 – Judge at the Court of Appeal of Montpelier (34) (2nd Level). Assigned to the Companies Section, the Commercial Section and the Section for Remands from the Supreme Court.
  • 09/2002 – 3/4 time at the Companies Section and 1/4 time at the Criminal Appeals Section.
  • 09/2006 – Judge at the Court of Appeal of Montpelier (34) (1st Level).
  • 1/2 time at the Examining Section and 1/2 time at the Criminal Appeals Section and the Enforcement Section.
  • 09/2007 – 3/4 time at the Companies Section and 1/4 time as Co-President of the Enforcement Section.
  • January 2010–September 2014, part time (60%) to develop research and teaching activities at the University of Montpelier:
    • President of the Enforcement Section and President of the Criminal Section (sole dispute judge);
    • Delegate of the First President for disputes regarding unlawful temporary detention (Article 149 of the Code of Criminal Procedure);
    • Member of the Court’s Select Committee

b. Description of non-judicial legal activities

Teaching activities at Schools of Law:

1) Lecturer

  • 1996 to 1999, University of the Antilles – Faculty of Law at Pointe à Pitre (Guadaloupe), semester courses for Master’s Degree I – Enforcement Methods and Criminology
  • Since 2002 – University of Montpelier I – annual courses for Master’s Degree II – Civil Procedure and Judgment Editing Practice.
  • Since 2008 – University of Montpelier I and University of Aix-Marseilles – annual courses for Master’s Degree II in Sentencing Law and the Law on Controlling Places of Detention.

2) Associate Lecturer

  • September 2011-2014 – first three-year appointment at the University of Montpelier.
  • July 2014-2017 – renewal of appointment at the University of Montpelier.

Annual 100-hour teaching positions in six Professional Master’s II courses (Litigation law, Criminal Punishment and the Enforcement of Sentences, Criminal Practices, Legal and Judiciary Practices, Labour Law and Practices and Diploma for In-House Corporate Lawyers (DJCE), and in a university Diploma (Certificate in Legal Studies) in the following subjects:

  • Civil Procedure and Drafting Judicial Acts
  • Labour Law
  • Criminal Procedure
  • Law of Criminal Punishment and the Enforcement of Sentences
  • Prison Law and Individual Freedoms
  • International Instruments for the Struggle against and Prevention of Torture

Teaching responsibilities: management of research theses, member of the Master’s II jury, permanent mentoring and care of law students.

c. Description of non-legal professional activities:

  • 2009-2012 – adjunct examiner specializing in the three competitions for admission to the National School for the Judiciary (ENM).
  • 2007-2009 – member of the jury for the examination for admission to the Lawyers’ School.
  • 2004 – examiner specializing in the complementary recruitment competition for magistrates.
  • Since 2005 – permanent tutor at the Montpelier Lawyers’ School, initial training: teaching criminal procedure practices, post-sentencing procedure and procedures relating to the European Court of Human Rights regarding Articles 3 and 13 of the European Convention on Human Rights.
  • Director of continuing education sessions (2 or 3 per annum) for the regional Bar Associations of the Courts of Appeal of Montpelier, Nîmes and Riom (15) in the same fields.
  • 2011-2013 – occasional tutor at or on behalf of the National Magistracy School, initial training of justice auditors and continuing training in the same fields and on appeal procedures.
  • 2012-2014 – occasional tutor on the permanent training of court clerks in the same fields.

IV. Domestic Activities in the Field of Human Rights

  • Session on case-law training, European Court of Human Rights.
  • Two courses of continuing education, European Court of Human Rights – 1998 and 2011.
  • Course of continuing education, Council of Europe – 2012.
  • Course of continuing education, European Court of Justice, Luxembourg – 2014.
  • Course of continuing education, Contrôleur Général des Lieux de Privation de Liberté, with J. M. Delarue – 2011.
  • Course of continuing education, Defender of Freedoms – 2013.
  • Academic Director of an inter-service study and continuing education day on “Controlling Places of Detention” at the Court of Appeal of Aix en Provence – October 2012.
  • September 2012/March 2013 – appointed by the Garde des Sceaux to be a member of the Organizing Committee of the Conference for Consensus on the Prevention of Recidivism prior to preparation of the French criminal reform project that resulted in the implementation of the Law of 15 August 2014.
  • Legal seminar on EU Criminal Justice, Luxembourg – April 2013. Presentation of European prison regulations to EU judges.
  • Council of Europe workshop (Bucharest, March 2014) – Follow-up of the enforcement of judgments issued by the European Court of Human Rights regarding Romania (pilot judgment, Article 3 of the Convention).. Presentation to the Romanian judicial authorities of the preventive and compensatory mechanisms relating to crimes against human dignity in captivity.
  • Council of Europe workshop (Strasbourg, July 2014). Presentation to judges from the Member States of the French experience regarding the preventive and compensatory mechanisms relating to crimes against human dignity in detention. (See:http://www.coe.int/t/dghl/momitoring/execution/Themes/hrtf/Tables_rondes/Tab_rondes_en.asp?)
  • Service of enforcement of European Court of Human Rights judgments – Participation with a member of the Administrative Courts in a high-level meeting with permanent representatives of the Russian Federation regarding preventive mechanisms relating to crimes against human dignity in detention – to be confirmed, June 2015.
  • Regular exchanges for ten years with the Executive Secretariat of the Committee for the Prevention of Torture on the issue of conditions of detention (in particular M. F. Kellens, and more recently M. J. Attull) and with a number of former members of the CPT.

V. Public Activities

a. Court judge and university teacher

  • 1998-2000 – elected member of the Promotion Committee charged with the lateral recruitment and promotion of magistrates.
  • 2007/2011/2015 – elected member of the Commission to Reform the Magistracy.
  • 2010-2014 – member of the Administrative Board of the Ecole des Avocats Centre-Sud (EFACS) and representative of the Court of Appeal at the Administrative Board of the Montpelier School of Law.

VI. Activities as Expert

a. Various interventions on criminal matters at university conferences, study days, professional seminars and congresses. Daily format.

b. Participation in legislative work.

Hearings held by the Legislative Committees of the two parliamentary assemblies on proposals and drafts relating to the following laws:

  • Law of 30 October 2007 on Controlling Places of Deprivation of Freedom (Senate) and Law of 26 May 2014 amending the 2007 Law (National Assembly).
  • Prison Law of 24 November 2009 (Senate).
  • Parliamentary fact-finding mission on means for combating prison over-population in France – October 2012 (National Assembly).
  • Parliamentary fact-finding mission on the moratorium on the regulations regarding solitary confinement – October 2014 (National Assembly).

Detailed judicial and non-public consultations on draft laws on criminal matters by the President of the Committee or the appointed rapporteur (National Assembly).

VII. Publications and Other Works

Since 2005, legal studies publications and/or case-law commentaries on criminal law, prison law and individual freedoms, European case-law, in particular judgments by the Court finding violations of Article 3 of the European Convention on Human Rights.

Average number of publications: between three and five articles per annum in the following French legal journals:

  • Recueil Dalloz
  • Actualité Juridique Pénale – Dalloz
  • Gazette du Palais – Lextenso
  • Cahiers de la Justice de l’ENM

  • Revue Pénitentiaire et de Droit Pénal Cujas

2011

1 – Observations, ECHR, 5th Section, 20 January 2011, no. 19606/08, Payet, no. 51246/06, El Shennawy: Changement d’affectation et pouvoir disciplinaire en détention, Gaz. Pal, 20 April 2011.

2 – Observations, ECHR, 5th Section, 26 May 2011, no. 19868/08: Duval v. Franco, Gaz. Pal, 21 August 2011.

2012

3 – Column, Le Contrôle Général des Lieux de Privation de Liberté: “lmmersion dans l’ombre de la République”, AJ Pénal Dalloz 2012, p. 272.

4 – Observations, Cass. crlm 29 February 2012, “Des conditions de détention indignes ne peuvent fonder une remise en liberté”, AJ Pénal 2012, p. 471.

2013

5 – Dossier “Les Conditions de Détention”’, La Qualité des Conditions de Détentlon”, Gaz. Pal, 8 February 2013, p. 21.

6 – Observations, ECHR, 2nd Section, 8 January 2013, no. 43517/09 et seq.: Torreggiani et al. v. Italy, “Le manque durable d’espace vital en cellule est un traitement inhumain et dégradant”, Gaz. Pal, 11 mars 2013.

7 – Column, Le contrôle général des lieux privatifs de liberté: “Le temps des propositions de réformes et de sa réforme”, AJ Pénal, June 2013, p. 331.

2014

8 – Contribution dated 18 February 2014 for the Legislative Committee of the National Assembly relating to the draft law to reform the Law of 30 October 2007 that created the Controller-General of Places of Deprivation of Freedom, Report by Mme L. Dumont, National Assembly no. 1832.

9 – Column, De l’individualisation de la peine au second degré de juridiction post-sentenciel, Revue Pénitentiaire et de Droit Pénal, no. 112014.

10 – Column, L’application des droits fondamentaux en captivité: la recherche d’un nouvel équilibre entre évaluation et résolution des atteintes; AJ Pénal, September 2014, p. 404.


10 bis - Contribution of 24 November 2014 for the Legislative Committee of the National Assembly relating to a fact-finding mission on solitary confinement of Mr J. J. Urvoss, National Assembly Fact-Finding Report no. 2388

To be published in 2015:

  • May 2015 – “25e anniversaire du CPT, bilan d’activité” (Gaz. Palais).
  • June 2015 – Publication of a forty-page booklet in the Répertoire Pénal Dalloz for a new column on the Controller-General of Places of Deprivation of Freedom.
  • September 2015 – Second appointment to the Controller-General of Places of Deprivation of Freedom and its 2014 Report on Activities (AJ Pénal Dalloz).

In preparation:

  • Director of qualitative research in the form of a statistical study over an eight-year period regarding the judicial activity of the enforcement section of the Court of Montpelier.

VIII. Languages

a. French: mother tongue, spoken, read and understood perfectly

b. English: passive knowledge

c. Italian: spoken and understood fairly well, read accurately

IX. Intensive English Language Course

I confirm my firm intention, if I am elected to the Court in Strasbourg, to take intensive English language courses prior to taking up my duties at the commencement of my appointment.

XI. Residence

If I am elected to the Court, I undertake to take up permanent residence in Strasbourg.