Communication | Doc. 14954 | 22 August 2019

Election of Judges to the European Court of Human Rights

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

Author(s): Secretary General of the Parliamentary Assembly

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

Letter from Mr João Maria Cabral, Ambassador of Portugal to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 24 June 2019.

[…]

With reference to your letter dated 5 September 2018, I have the honour to transmit to you below the list of the candidates for the election of judge to the European Court of Human Rights in respect of Portugal:

Ms Ana Maria Guerra Martins

Mr José Luís Lopes da Mota

Mr José António Mouraz Lopes

I am sending you here attached the curricula vitae of the three candidates, as well as a description of the internal procedure for the selection of applications.

[…]

2. Information on national selection procedure for the position of a judge of the European Court of Human Rights

The independent commission was set up by Order of the Minister of Justice No. 11884/2018 of 28 November 2018, published in the Official Journal, II Series, No. 238, of 11 December 2018. It comprises the following members:

António Silva Henriques Gaspar, former Counsellor Judge and former President of the Supreme Court of Justice, appointed by the Minister of Justice, who chairs the Commission;

José António Henriques dos Santos Cabral, Counselor Judge, President of the Criminal Section of the Supreme Court of Justice, appointed by the High Council of the Judiciary;

Rui Manuel Gens de Moura Ramos, Professor at the Law Faculty of the University of Coimbra, former judge and president of the Constitutional Court, appointed by the High Council of the Administrative and Tax Courts;

José Manuel dos Santos Pais, Deputy General Prosecutor at the Constitutional Court and member of the United Nations Human Rights Committee, appointed by the Office of the Public Prosecutor;

Paulo Saragoça da Matta, University Lecturer and Lawyer, president of the Human Rights and Social Environmental Affairs Committee of the Bar Association, appointed by the Bar Association.

Once the Notice No. 2048/2019 of 18 January 2019 was published (on 6 February 2019, in the Official Journal, II series, no. 26), 24 applications were submitted within the deadline.

The Commission has verified the admissibility and has assessed the applications through the curriculum evaluation method, bearing in mind the requirements set out in Article 21 of the European Convention on Human Rights.

In the identification and definition of the evaluation criteria, the Commission had, as reference, the qualifications set forth in Article 21 of the European Convention on Human Rights (ECHR) related to the election of a Judge to ECHR and has interpreted and incorporated the requirements and conditions set out in Notice No. 2048/2019 (applications to join the list of three candidates to be submitted by the Portuguese Government to the Parliamentary Assembly of the Council of Europe), in accordance with the Resolution of the Committee of Ministers (CM) of the Council of Europe, of 29 March 2012 [CM(2012) 40-final].

The Commission has considered as fundamental criterion, and in accordance with the provisions of the above-mentioned ECHR and the Resolution of the CM referred to above, that the persons concerned have to fulfil the conditions laid down for the performance of the highest judicial office or be jurisconsults of recognised competence.

In integrating this criterion, the Commission has decided to take into account, as a principle, the requirements and conditions laid down in the national system of access to its highest courts, so that decisions of the European Court could be recognised and respected, in particular by its peers, at national level (Brussels High-Level Conference of 26-27 March 2015).

The Commission has also decided to consider, as a criterion for evaluating the practical legal experience of the applicants, the level and proximity of the candidates to national and international human rights protection systems, in particular to the ECHR system and, in order to include the category of jurisconsult of recognised competence, the fact that the candidate is a clearly and prominently known jurisconsult among his or her peers and in the legal community in general, being capable of deep, thorough and appropriate intellectual reflection in the various fields of law, in particular as regards national and international human rights protection, revealed through teaching, theoretical reflection and/or consistent and recognised legal practice.

Bearing in mind the objectives of this selection procedure and the number of parties concerned, the Commission has also decided to evaluate them at two points in time: a first evaluation, exclusively based on the CVs, to decide on the inclusion of each curriculum in the qualification criteria, deemed necessary for the candidates to be able to join the list of three names to be submitted for election by the Portuguese Government, not accepting those candidates who did not meet these conditions. Second, to accept those candidates who hold the required qualifications to join the aforesaid list, and to invite each of them to a hearing. This would contribute, on the one hand, to the selection, by the Commission, of the list of candidates and, on the other, to bring as much as possible the procedure used by the Independent Commission in line with the hearing to be held before the competent Committee of the Parliamentary Assembly of the Council of Europe.

The Commission has accordingly assessed each of the applicants’ curriculum vitae, in accordance with the criteria it has defined, and has decided, with the approval of all its members, that 17 candidates, in spite of the significant merits which the Commission has recognised to all of them, do not yet meet the conditions set out above for accessing the Highest Judicial Office, and cannot therefore be considered for the purpose of selection to the office of Judge to ECHR for which they have expressed their interest, or that they have not shown that they are in a position to be recognised as jurisconsults, clearly and prominently known among their peers and in the legal community in general, being capable of deep, thorough and appropriate intellectual reflection in the various fields of law, in particular as regards national and international human rights protection, revealed through teaching, theoretical reflection and/or consistent and recognised legal practice.

One of the candidates did also not meet the age requirement, pursuant to the above-mentioned Resolution of the Council of Europe’s Committee of Ministers (CM (2012) 40 final), point II, 5 or Article 2 (1) of Protocol No. 15 (already ratified by Portugal).

The Commission took the view that, in principle, seven candidates met the conditions and criteria required for joining the above-mentioned list of names and decided, accordingly, to invite each of them to the hearing provided for by Notice No. 2048/2019 (on the terms of the public call for expression of interest in the election to the office of Portuguese judge to ECHR).

The hearing of each candidate started with an introduction by the President of the Commission, with general indications as to the purpose and subject matter of the hearing. It was followed by a dialogue, which allowed each of the parties concerned to present the grounds of his or her interest for the office of judge to ECHR, as well as the reasons why, in their own assessment, they consider that the necessary requirements are in line with the office they are applying for. Given the specificity of the Court, it was carried out as follows: general considerations on the curriculum, with comments from each interested party; the functioning of the Court; its organisation and nature; the workload of the judges and the requirements of the office; dialogue on matters and competences; principles, methodologies and interpretation; proximity and knowledge of the ECHR case law.

The hearing of each candidate took place partly in French or English or in both languages.

Once the hearings were over, the Commission discussed and assessed the attitude, the expression, communication and substance of the speech of each party concerned, both in the context of the dialogue on the specific nature and organisation of the Court, in particular its requirements and the working methods, and the curricular self-assessment of the person concerned on the adequacy of their own competences to perform the office of judge to ECHR, the practical legal experience, particularly of a judicial or legal nature, the familiarity and knowledge of each person concerned with the European Convention on Human Rights (ECHR), as well as with the Court’s case law, principles, methodology and decision criteria.

Each member of the Commission has expressed the meaning of his/her assessment in relation to the parties concerned, who participated in the hearing, on the basis of the evaluation criteria previously defined, of all the curricular elements annexed and of the conclusions drawn from the same hearing. Finally, by a majority, the Commission has decided to establish the following list of three names, in alphabetic order of the first names, to submit to the Minister of Justice, in order to enable the Portuguese government to exercise political jurisdiction over the application of the Portuguese judge to ECHR:

Ana Maria Guerra Martins;

José António Mouraz Lopes;

José Luís Lopes da Mota.

Appendix 1 – Ana Maria GUERRA MARTINS

(open)

CURRICULUM VITAE

I. Personal details

Name, forename: Guerra Martins, Ana Maria

Sex: female

Date and place of birth: 22 July 1963 in Lisbon

Nationality: Portuguese

II. Education and academic and other qualifications

1986 – Law degree

1987 – Extensive studies in European community law

1993 – Master in community law

2000 – Doctorate (PhD) in public law

2011 – Accreditation to direct research in public law

III. Relevant professional activities

a. Description of judicial activities

2007–2016 – Judge at the Constitutional Court of Portugal

b. Description of non-judicial legal activities

2011–… – Associate Professor with accreditation to direct research at the Law Faculty of Lisbon University. Subjects taught: International human rights law; Fundamental rights and civil liberties; European Union law, Public International law and Constitutional justice

2006–2011 – Senior lecturer at the Law Faculty of Lisbon University. Subjects taught: International human rights law; European Union law, International public law

2000–2006 – Junior lecturer at the Law Faculty of Lisbon University. Subjects taught: International human rights law; European Union law, International public law; Constitutional law

2004 – Guest Professor at Jean Monnet – Paris Sud University (Paris/Saclay). Subjects taught: Portuguese constitutional law

1989–2000 – University assistant at the Law Faculty of Lisbon University. Subjects taught: International human rights law; European Union law, International public law; Constitutional law

c. Description of non-legal professional activities

2006–2007 – Inspector General of Judicial Services. Administrative supervision of the judicial services (Leadership and management)

IV. Activities and experience in the field of human rights

Professor of international human rights law since academic year 1999/2000 to present day.

Organisation of international conferences on international and European human rights law, most recently on “cooperative dialogue between national courts, the Court of Justice of the European Union and the European Court of Human Rights – protection of fundamental rights” (2018).

Participation as a speaker at several colloquies, congresses and conferences in the field of international and European human rights law and fundamental rights and civil liberties, most recently:

(2019) “Are Equality and non-discrimination part of the EU’s Constitutional Identity?” – communication presented at the Jean-Monnet Symposium: the European Union as Protector and Promoter of Equality, organised by the European Institute of Saar University

(2018) “The Constitutional Courts, the ECtHR and the CJEU – A Real Dialogue on Fundamental Rights Matters?” – commentary on statements by Andreas Paulus (judge at the Bundesverfasssungsgericht), Daria de Pretis (judge at the Corte Costituzionale), Danute Jociene (former judge at the European Court of Human Rights and currently judge at the Constitutional Court of Lithuania) and Miguel Poiares Maduro (former Advocate General at the European Court of Justice)

(2018) “Austerity on Trial in Portugal” – statement at the congress of the Societas Iuris Publicum Europa in Hamburg

(2018) “Current Challenges of both Portugal’s and the European Union’s Migration Policies” (2018) – statement at the international Migration Conference 2018 Lisbon, organised by the IGOT and the ISEG in Lisbon

(2018) “The influence of the comparative method in the case-law of constitutional courts” – lecture delivered in homage to Pedro Cruz Villalón, organised by Seville University (in Spanish)

(2018) “The Universal Declaration of human rights as a basis for the constitutionalisation of international law” – lecture at the Law Faculty of Coimbra University

(2017) “Fundamental rights and the Social Dimension” – lecture at the Portuguese Catholic University

(2017) “The contribution of judges to the development of Public Law” – participation as a “discussant” at the European Legal Dialogues in memory of Professor Sir David Williams, organised by Wolfson College Cambridge and by the European Public Law Organisation

(2015) “Dialogue between constitutional courts and European courts in the area of fundamental rights” – workshop organised by the Law Faculty of Lisbon University on Human rights in Europe: contemporary issues

(2015) “The Authority of the Court” – participation in the Lisbon conference on the longer-term future of the mechanism of the European Convention on Human Rights, organised by the Centre for Research in Public Law of the Law Faculty of Lisbon University

(2015) “Quis custodiet ipsos custodies? National and international remedies in the event of social rights being challenged by the European Union” – participation in a conference organised by the Collège de France in Paris

(2015) “Opinion 2/13 of the CJEU – quo vadis multilevel protection of fundamental rights?” – lecture at the European Constitutional Law Network workshop on “Challenging the legitimacy of Europe” in Thessaloniki

(2014) “Co-operation of Constitutional Courts in Europe – current situation and perspectives” – participation, as representative of the Constitutional Court of Portugal, in the XVIth Conference of European Constitutional Courts

Report on the field of international human rights law presented at the competitive examination for professor accreditation of the Law Faculty of Lisbon University (2005)

A number of publications in the field of international and European human rights law (see list of publications)

Teacher of in-depth human rights studies organised by “Ius gentium Conimbrigae” of the Law Faculty of Coimbra University (2006, 2007 and 2011). Subject: The protection of human rights by the Council of Europe

2004–2005 – Guest professor at Eduardo Mondlane University in Maputo. Subject taught – International human rights law

V. Public activities

a. Public office

Professor at the Law Faculty of Lisbon University

b. Elected posts

2007 – Elected judge at the Constitutional Court of Portugal by over two-thirds of the members of the national parliament (Assembleia da República)

Elected several times as a member of the Scientific Council of the Law Faculty of Lisbon University

c. Posts held in a political party or movement

No posts held in a political party or movement

VI. Other activities

Member of the European Commission's European Network of Legal Experts in Gender Equality and Non-Discrimination

a. Field

Equality and non-discrimination in European Union law

b. Duration

From 2016 to the present day

c. Functions

National expert on surveillance of member States legislation in the area of equality and non-discrimination based on race/ethnic origin, religion/beliefs, age, disability and sexual orientation.

VII. Publications and other works

20 books and over 100 articles published in the field of international and European human rights law, European Union law and constitutional law.

The 10 most important works most closely linked to human rights:

Estudos de Direito Internacional e da União Europeia / Essays on International and European Union Law, Coimbra, Almedina, 2019 (bilingual). Summary: The book is divided into four parts: I) EU Constitutional and Institutional Issues; II) The Human Being from an EU Law Perspective; III) The Migrant, the Refugee and the Worker from an International Law Perspective; IV) The European Convention on Human Rights (bilingual Portuguese and English)

Estudos de Direito Constitucional / Essays on Constitutional Law, Lisbon, AAFDL, 2019. Summary: the book contains five sections: I) The banning of political parties that are contrary to the democratic principle (in Portuguese); II) Constitutional Judge, Social Rights and Public Debt Crisis – the Portuguese Constitutional Case Law (in English); III) The reciprocal impact of the Portuguese Constitution and European integration (in Portuguese); Constitutional courts, European courts and fundamental rights – from Cautious Monologue to Constructive Dialogue (in Portuguese); V) The Judicial Control of the Portuguese Austerity Measures during the Crisis in a Multilevel Perspective (in English)

Manual de Direito da União Europeia (Manuel de droit de l’Union européenne), 2nd ed., Coimbra, Almedina, 2017 (1st ed., 2012). Summary: The book is divided into four sections: I) The development of European integration – from its origins to the present day; II) The political constitution of the European Union; III) Powers, competence and decision-making procedures of the European Union; IV) The legal system of the European Union.

“A igualdade e a não discriminação como fundamento dos direitos dos migrantes e dos refugiados no Direito Internacional” (Equality and non-discrimination as a basis for rights of migrants and refugees), in Eduardo Vera-Cruz Pinto e outros (coordenação), Refugiados, Imigrantes e Igualdade dos Povos – Estudos em homenagem a António Guterres, São Paulo, Editora Quartier Latin, 2017, pp. 185-204. Summary: The article analyses the role of equality and non-discrimination as a basis for protecting the rights of migrants and refugees.

“Opinion 2/13 of the European Court of Justice in the Context of Multilevel Protection of Fundamental Rights and Multilevel Constitutionalism Revisited”, in Lina Papadopoulou / Ingolf Pernice/ Joseph H. H. Weiler (eds.), Legitimacy Issues of the European Union in the Face of Crisis – Dimitris Tsatsos memoriam, Baden-Baden, Hart / Nomos, 2017, pp. 233-270. Summary: The article analyses Opinion 2/13 of the European Court of Justice on the accession of the European Union to the European Convention on Human Rights, discussing whether the Court's conclusion could have been different if it had taken the theory of multilevel constitutionalism into account.

“Judicial Dialogue in a Multilevel Constitutional Network – the Role of the Portuguese Constitutional Court”, in M. Andenas and D. Fairgrieve, Courts and Comparative Law, Oxford, OUP, 2015, pp. 300-328 (with Miguel Prata Roque). Summary: The aim of the article is to discuss whether the Constitutional Court of Portugal establishes real dialogue with other courts, be they international, European or elsewhere in the world and what the purpose of that dialogue is.

“A Portuguese Perspective of the Accession of the European Union to the European Convention of Human Rights”, in Iliopoulos-Strangas / Pereira da Silva / Potacs (eds), The Accession of the European Union to the ECHR, Baden-Baden, Nomos, 2013, pp. 201-225. Summary: The article debates whether the European Union's accession to the European Convention of Human Rights could have an impact on the protection of fundamental rights in Portugal.

“Judicial Legitimacy and the Functions of the Judge in a Multilevel Constitutional System”, European Review of Public Law, vol. 24, 2012, no. 1, pp. 139-163. Summary: The article analysed the legitimacy of judges in a democratic society, making the point that direct election is not the most desirable method for choosing judges.

A igualdade e a não discriminação dos nacionais de Estados terceiros legalmente residentes na União Europeia – da origem na integração económica ao fundamento na dignidade do ser humano (Equality and non-discrimination for third country nationals residing in the European Union – from economic integration to human dignity), Coimbra, Almedina, 2010. Summary: The book looks in section I at general equality and non-discrimination issues in European Union law and, in section II, at the development, legal fundaments, bases and limits of equality and non-discrimination for third country nationals.

“Chapter 18 – Universality and Binding Effect of Human Rights from a Portuguese Perspective”, in Rainer Arnold (ed.), The Universalism of Human Rights, Jus Gentium: Comparative Perspectives on Law and Justice 16, Dordrecht, Springer, 2013, pp. 297-324 (with Miguel Prata Roque). Summary: The article analyses the universal nature and binding effect of the different levels of human rights, ie the universal level and regional levels, such as that of the European Convention of Human Rights, the European Social Charter and the European Union's Charter of fundamental rights, as of the latter's entry into force. The article concludes by discussing Portuguese constitutional law in respect of fundamental rights and civil liberties.

Direito Internacional dos Direitos Humanos (International human rights law), Coimbra, Almedina, 2006. Summary: the book sets out a proposal for teaching international human rights law, including the universal and regional, notably European, dimensions.

VIII. Languages

Language	Reading			Writing			Speaking
Language	very good	good	fair	very good	good	fair	very good	good	fair
a. First language:
– Portuguese	X			X			X
b. Official languages:
– English	X			X			X
– French	X			X			X
c. Other languages:
– German	X				X			X
– Spanish	X				X		X

IX. Other relevant information

2019 – Guest professor at the Law College of Paris 1 Sorbonne University, at the IREDIES (Sorbonne Institute of research in international and European law. Subject taught: European Union law

From March 2018 to the present day – Member of the High Board of the European Public Law Organisation

From 2018 to the present day – Member of the High Council of the European University Institute in Florence.

Chief researcher at the Centre for Research in Public Law since its creation in 2012 (https://www.icjp.pt/cidp/investigadores/3904/1945.

From 2000 to the present day – Director of dozens of masters and doctorate theses in the field of international and European human rights law, fundamental rights and civil liberties and European Union law.

2000–2007 and 2016 to the present day – Jurisconsult in the field of public law.

1997–1999 – Guest researcher at the Max Planck Institute for Public Comparative Law and International Law in Heidelberg.

Personal pages on academia.edu and Linkedin.

https://ulisboa.academia.edu/AMartins

https://www.linkedin.com/in/ana-maria-guerra-martins-574ba112b/?authType=NAME_SEARCH&authToken=mLZY&locale=en_US&trk=tyah&trkInfo=clickedVertical%3Amynetwork%2CclickedEntityId%3A537438184%2CauthType%3ANAME_SEARCH%2Cidx%3A1-1-1%2CtarId%3A1479134508631%2Ctas%3AAna%20Maria%20Guerra%20Martins

X. Please confirm that you will take up permanent residence in Strasbourg if elected as judge in the Court.

I confirm that I will take up permanent residence in Strasbourg if elected as judge in the Court.

Appendix 2 – José Luís LOPES DA MOTA

(open)

CURRICULUM VITAE

I. Personal details

Name, forename: Lopes da Mota, José Luís

Sex: male

Date and place of birth: 4 January 1955, Fervença, Celorico de Basto

Nationality: Portuguese

II. Education and academic and other qualifications

1977 – Law degree (1972-1977), Law Faculty of Lisbon University

1977–1979 – Lawyer training

1978 – Notary training

1979–1980 – Judicial training

III. Relevant professional activities

a. Description of judicial activities

Since 2017 to present day – Judge at the Supreme Court of Justice, Criminal bench. Criminal cases, international co-operation in criminal, civil and constitutional law cases; cases of the Jurisdiction court, which is tasked with settling conflicts of jurisdiction between judicial and administrative courts

2011–2017 – Deputy prosecutor general (attorney general) at Lisbon appeal court. Criminal cases, international co-operation in criminal, civil and constitutional law cases; coordination of the involvement of the prosecution authorities in criminal cases and international co-operation

2007–2009 – President of Eurojust, European Union (The Hague, Netherlands). Management and coordination of Eurojust activities in cases of European and international judicial co-operation in criminal matters; representation of Eurojust at European and international levels

2007 – Vice-President of Eurojust (The Hague, Netherlands)

2003–2010 – National Member for Portugal in Eurojust (The Hague, Netherlands). National member and, simultaneously, national judicial authority: criminal cases and European and international co-operation in the area of transnational crime; co-operation with the member States of the European Union and the Council of Europe and third countries, and European organisations and entities, the United Nations and other international bodies

2001–2003 – National Member for Portugal in ProEurojust (Brussels, Belgium). Similar activities in the Provisional Eurojust Unit tasked with laying the foundations for Eurojust

1988–1996 – Member of the Office of the Prosecutor General of the Republic. Assistant to the Prosecutor general for the representation of the prosecution authorities before the Supreme Court of Justice, the Constitutional Court, the Supreme Administrative Court and the Chamber of Audit, and for the management of prosecution service activities at national level, in all courts

1980–1988 – Public Prosecutor at first instance courts. Courts of Porto, Feira, Cinfães, Felgueiras, Guimarães; cases involving criminal, civil, penitentiary, juvenile and family matters

b. Description of non-judicial legal activities

1988–1996 – Member of the Office of the Prosecutor General of the Republic. Assistant to the Advisory Council of the Attorney general's department in the preparation of legal opinions at the request of the government, parliament and prosecutor general; analysis of individual applications and cases, drawing up of legal opinions and initiatives in extremely varied fields of law, including constitutional law, criminal law, administrative law, civil law, family and children's law, environmental law, media law, business law and sports law, using analysis of national and ECtHR case-law

1992–1996 – Lecturer at the Judicial Studies Centre (judicial training college). Teaching and training members of the judiciary in criminal law, criminal procedure, international judicial co-operation in criminal matters, constitutional law and human rights law; co-operation with the French judicial training college (Bordeaux and Paris)

1996–2018 – Coordination, preparation and drafting of draft national legislation on:

The European investigation order in criminal matters, transposing directive 2014/41/EU (Law 88/2017)

Processing of personal data for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, transposing directive 2016/680/EU

Personal data processing within the judicial system, taking account of regulation (EU) 2016/679 on data protection

The transposing of directive (EU) 2016/681 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

Amendment of the Criminal Code and the Code of Criminal Procedure in line with the provisions of the Council of Europe Convention against Trafficking in Human Organs (CETS No. 216)

The law on the European arrest warrant and the law on the forwarding and execution of criminal case judgments (framework decisions 2008/909/JHA and 2008/947/JHA), adapting them to the European investigation order in criminal matters and transposing directive 2012/13/EU on the right to information in criminal proceedings

The transposing of Council decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (Law 36/2003)

Changes to the enforcement of prison sentences of persons with a serious and irreversible illness in its terminal phase, taking account of the Council of Europe's recommendations (Law 36/96)

The legal framework for uncovered cheques (Legislative decree 316/97), reform of forensic medicine (Legislative decree 11/98) and the organisation and functioning of criminal identification (Law 57/98)

Amendment of the Code of Criminal Procedure, in order to speed up justice while strengthening protection of fundamental rights of defendants and victims, taking account of the ECHR and the Council of Europe's recommendations (Law 59/98)

The statute of the public prosecutor's office, giving it the autonomy and organisation required to handle the challenges posed by organised and transnational crime, taking account of the ECHR and the Council of Europe's recommendations (Law 60/98)

General principles of the right to mental health and the internment of persons suffering from mental disorders, in compliance with Article 5 of the ECHR (Law 36/98)

Personal data protection, transposing directive no. 95/46/EC, taking account of Council of Europe Convention 108 (Law 67/98)

Measures to protect witnesses in criminal proceedings, taking account of the ECHR and the Council of Europe's recommendations (Law 93/99)

Use of electronic tagging to supervise house arrest, taking account of the ECHR and the Council of Europe's recommendations in this area (Law 122/99)

International judicial co-operation in criminal law matters, taking account of the Council of Europe's conventions in this area (Law 144/99)

Reform of the law on minors, taking account of the Convention on the rights of the child and other instruments and recommendations of the United Nations and the Council of Europe – juvenile educational law and law on the protection of children and juveniles (Law 166/99 and Law 147/99)

Preparation of legislation abroad (guest expert):

Bulgaria: proposals for new legislation on criminal procedure and on special investigative techniques, including the use of electronic surveillance and interception of communications, in order to meet the criteria for accession to the European Union (2003)

Cap Verde: proposals with a view to approval of the new code of criminal procedure (2000)

Vanuatu: proposals concerning new legislation with a view to ratification of the Council of Europe Convention on cybercrime and electronic evidence (ETS no.185), within the framework of the GLACY+ programme (Council of Europe and European Union) (2018)

Lecturer (seminars, courses and training activities)

A. In Portugal

A.1. At the Judicial Studies Centre (judicial training college)

Subjects: the Lisbon treaty, the area of freedom, security and justice, international judicial co-operation in criminal law matters, the European arrest warrant, the principle of mutual recognition (European Union) and fundamental rights (ECHR and European Union Charter) (2008, 2010, 2012, 2015, 2016, 2018); illegal or irregular migration, trafficking in human beings and trafficking in human organs (2015, 2017, 2018). Guidance and training in international judicial co-operation in criminal law matters, covering all the forms of co-operation and fundamental rights, including domestic, international and European law (Council of Europe, European Union, United Nations and CPLP) (2017); within the European Judicial Training Network (EJTN) framework. Member of the jury for the semi-final of the 7th THEMIS competition for young trainees in the judiciary (Erfurt, Germany, 2012); guidance of the team of justice auditors in the semi-final of the THEMIS competition (Riga, 2016). Training within the framework of the “Aiakos” programme (EJTN) on “Victim protection and judicial co-operation in criminal matters in Europe”: legal framework of the Council of Europe and the European Union: Warsaw Convention (trafficking in human beings), Lanzarote Convention (sexual abuse and sexual exploitation of children), Istanbul Convention (violence against women and domestic violence); Directive 2011/99/EU (European protection order), directive 2012/29/EU (rights and protection of victims) (2016).

A.2. Collaboration with universities

Law Faculty of Lisbon “Nova” University: European Union law, European Prosecutor's office, protection of information and personal data processing systems within the area of freedom, security and justice (2015, 2016)

Law Faculty of Lisbon University: lecturer for "II Post-diploma course on law enforcement, compliance and criminal law in the field of banking, finance and business” (2018)

European Institute of the Law Faculty of Lisbon University: "Schengen and the European criminal law area" (2015); “Communication in the era of digitised information: risks and threats, construction and consolidation of a Europe of freedom, security and justice” (Europe day, 9.5.2018)

Law Faculty, Autonomous University: “The revision of the Code of Criminal Procedure” (21.11.1997)

Law Faculty, Coimbra University: “Eurojust and the emergence of a European criminal justice system” (21.3.2003)

Law Faculty, “Lusíada” University (Porto): “Special procedures in the revision of the Code of Criminal Procedure of 1998" (19.5.2000)

Law Faculty, Minho University: “OLAF investigations and fundamental rights” (2017)

A.3. In collaboration with CEPOL (EU Agency for Law Enforcement Training)

“CEPOL 2005/09A – Drug trafficking”, “European Arrest Warrant” (15.4.2005) courses; conference on “Visions for Europe: crime, policing and justice in the 21st century”, “New Challenges in a global and technological era for criminal law” (5.6.2007); Fundamental rights, “Media and European legal framework”, CEPOL Course “Communication and Media Awareness” (22.10.2012); “International Human Rights Standards”, “Senior Police Officer Planning and Command Course for Crisis Management” – human rights (ECHR, CSDP), international humanitarian law and the statute of the International Criminal Court, protection of women and children, protection of migrants, forced disappearance, Council of Europe and United Nations conventions, criminal liability in international law (for police officers, 27 European Union member States) (2012 and 2014)

A.4. Training for police officers (Criminal Investigations Police and National Republican Guard colleges)

“Judicial globalisation – Co-operation”, seminar on “Corruption, fraud and money laundering” (12.1.2005). Classes and training courses on the organisation of the judicial system, the prosecution service, preliminary phases of criminal proceedings and fundamental rights (1990-1995)

A.5. “Instituto de Estudos Superiores Militares” (Higher Military studies Institute)

Organised crime, Eurojust, international co-operation in criminal law matters and fundamental rights, in classes for officers seeking promotion to higher ranks in the National Republican Guard (5.6.2007).

A.6. “Instituto de Defesa Nacional” (National Defence Institute)

Lecturer for national defence courses (IV, V, VI and VII courses on civilian crisis management): transitional justice in post-conflict situations, co-operation with the EULEX “Rule of law” mission in Kosovo, fundamental rights, foreign dimension of European Union policy on justice and interior security and foreign policy (2013-2016).

A.7. Academy of European Law (ERA, Trier)/Judicial Studies Centre

“Russia: law and practice in extradition matters”, “Extradition in Asia: the case of the People’s Republic of China” and “The special case of a system within the system: Macau” (7.7.2016).

A.8. Others (examples)

Seminar on the application of non-discrimination law, High Commissioner on migration and ethnic minorities (10.11.2000); “Gambling and Money Laundering”, international seminar on “International Tax Evasion: Money Laundering and Tax Havens”, Prosecutor general's office (26.6.2007); “The European Union and justice”, 8th Eurojustice Conference (13.10.2005); seminar on “Freedom, security and justice: the fundamental values of Europe”, “What institutions to guarantee these values?”, bar association (27.2.2007); workshop on “A DNA profiling database and co-operation international in criminal investigations” (10.5.2017).

B. Abroad (examples)

B.1. At Eurojust (Brussels, The Hague): negotiations on the decision instituting Eurojust; framing and introduction of strategies, methods and procedures taking account of European Union law and conventions, particularly those of the Council of Europe and the United Nations in the field of criminal law and human rights; negotiations and collaboration with the Council, Commission and European Parliament and other European entities and services (Europol, OLAF), third countries (Norway, Switzerland, United States, Canada, Russia, Japan, Balkans) and international organisations (UNODC, Interpol, IberRed); devising of internal rules regarding the processing of personal data; promotion of the setting up of the Consultative Forum of Prosecutors General under the auspices of Eurojust.

B.2. As a member of Eurojust – training, discussion and information disclosure activities: judicial co-operation between the European Union and Iberoamerica (Madrid, 2002); judicial co-operation in criminal law matters (seminar) (Sofia, programme PHARE); data protection and public security – principles for the European Union (seminar, European Parliament, 2005); trafficking in human beings, co-operation, human rights (Santiago, Chile, 2006); co-operation, exchange of data between judicial and police authorities (Berlin, 2006, 9th European police congress; Dresden, 2006); judicial co-operation and combating fraud, Italian Chamber of Audit (Rome, 2007); collective security and individual freedoms, 6th parliamentary colloquy Paris-Berlin (Lyon, 2008); Lisbon treaty: new challenges for criminal justice – seminar, French presidency of the Council of the European Union (2008); “Jurisdictional Issues in Prosecuting Transnational e-Crime”, 13th conference of the International Association of Prosecutors (IAP) (Singapore); “Treaty of Lisbon: Innovations for Eurojust” (7th annual ICLN conference – International Criminal Law Network, The Hague, 2008; ERA, Trier, 2018). Eurojust “training seminars”: co-operation, exchange and processing of information, investigations, prosecutions, transnational crime, cybercrime, fundamental rights, European arrest warrant (Mallorca, 2002; Thessaloniki, 2002; Prague, 2004; Budapest, 2005; Vienna, 2006; Nicosia, 2006; Sofia, 2007; Paris, 2007; Madrid, 2007; Toulouse, 2008; Athens, 2008; training for members of the Italian judiciary (Consiglio Superiore della Magistratura): co-operation, organised crime, role of Eurojust, fundamental rights, conflicts of jurisdiction (2003-2005); transnational crime, extradition, fundamental rights, European arrest warrant, European experience (Brazil, 2008, 2010).

B.3. Programme EuroMed Justice: Euro-Mediterranean co-operation (members of the judiciary from North Africa (Morocco, Algeria and Egypt), the Middle East (Israel and Palestine) and Turkey), European Institute of public administration (EIPA – Maastricht): “The individual as subject of international co-operation in criminal matters” (12.5.2005), “Liberty and security of prosecuted persons” (Istanbul, 21.9.2005), “Exchange of information: role of Eurojust and Europol” (The Hague, 13.12.2005), “The individual as subject of international criminal law – responsibility vis-a-vis the immunity granted by a State” (terrorism, interconnection of criminal networks and judicial strategies, Rabat, 12.2.2006).

B.4. Netherlands Defence College: conference on “International humanitarian law and humanitarian operations”, course for Spanish and Dutch European Union military personnel on “A Comprehensive Approach to Gender in Operations”, European Security and Defence College (ESDC), training for intervention in crisis management situations (Kosovo) (Rijswijk, 19.11.2012).

B.5. “1st national Conference on gender-based violence”, bar association and Portuguese Association of female law specialists: “Victim protection orders and European judicial co-operation” (European protection order, Council of Europe Convention on preventing and combating violence against women and domestic violence (22.9.2016).

B.6. “International Co-operation in Fighting Fraud and Corruption in Healthcare”, “EHFCN Open House” (Lisbon, 23.6.2016); “EHFCN – European Healthcare Fraud and Corruption Network”.

B.7. EIPA – European Institute of Public Administration, Centre for Judges and Lawyers (Luxembourg): “Proportionality and procedural guarantees in the context of the European Arrest Warrant” (Warsaw, 30.11.2016).

B.8. Head of the Portuguese delegation to the 15th session of the “Committee on Enforced Disappearances”, instituted by the International Convention for the Protection of all Persons from Enforced Disappearance (UN, 20.12.2006), presentation of Portugal's report on measures taken to give effect to its obligations under the Convention (6-7.11.2017, Geneva).

B.9. “Criminal prosecution of organs trafficking: aspects of criminalisation, jurisdiction, prosecution and co-operation in the light of the convention against organ trafficking”, parliamentary seminar in connection with the ratification of the Council of Europe Convention against trafficking in human organs (15.5.2018).

B.10. "Publication of court decisions and personal data protection", III “Encuentro Hispano-Luso de Tribunales Supremos”, Supreme Court of Justice (Madrid, 3-5 June 2018).

B.11. Expert invited by the Directorate General of Human Rights and Rule of Law and the Cybercrime Programme Office (Bucharest), Council of Europe, in connection with the “GLACY+, Global Action on Cybercrime Extended” project: supervision and evaluation of training for judges and prosecutors on cybercrime and electronic evidence (Sri Lanka, 13-15.10.2017); “advisory mission on cybercrime legislation”, Vanuatu (20-24.8.2018), and coordination in Nuku'alofa, Tonga, of the training course for members of the judiciary and police officers from 7 countries of the region – Tonga, Samoa, Vanuatu, Solomon Islands, Cook Islands, Fiji and Kiribati (27-30.8.2018).

B.12. Participation in the “PACED – Project to Support the Consolidation of the Rule of Law, in PALOP and Timor-Leste”programme involving regional co-operation between the European Union and Portuguese-speaking African countries (PALOP) and Timor-Leste (training for members of the judiciary and law enforcement services staff with a view to preventing and combating corruption, money laundering and organised crime, in compliance with the principles of the rule of law and fundamental rights (Bissau, Guinea-Bissau, 2017; Dili, Timor Leste, 2018, Mindelo, Cap-Verde, 2018).

B.13. Law Faculty of Fluminense Federal University, Niterói (Brazil): European criminal law (2012).

IV. Activities and experience in the field of human rights

Over 30 years' experience in the field of human rights, during the judicial and legal offices and activities described above and other public activities (V), in the application of the law, construction and improvement of justice systems, construction of the area of freedom, security and justice (European Union), improvement of co-operation against globalised serious crime, devising and improvement of legislation, training of members of the judiciary (judges and prosecutors) and police and army officers, systematic study and dissemination of the system of protection of fundamental rights, promotion and perfecting of the rule of law, in Portugal, Europe and elsewhere.

As a judge at the Supreme Court of Justice, which is the supreme body in the judicial hierarchy, I have the responsibility of ensuring that the European Convention on Human Rights is effectively implemented and the fundamental rights it protects are respected, while applying the subsidiarity principle within the meaning of the Convention and its protocols.

Organisation, systematisation, processing and analysis of international law instruments and international co-operation in the fields of criminal law and human rights – “International criminal law and international judicial co-operation in criminal matters, Compilation of conventions and other legal instruments of the Council of Europe, the European Union, the United Nations and other bodies” (for use by the public prosecutor at the appeal court and ordinary courts).

V. Public activities

a. Public office

1999–2001 – Secretary General of the Attorney general's department and the Higher Council of the Prosecution Service

With the powers of director general: organisation and management of the Prosecutor general's office, the Attorney general's department, the Higher Council of the Prosecution Service (body responsible for management and disciplinary matters of the Prosecution Service), the Advisory Council of the Office of the department of the Attorney general of the Republic and the organs and services under the authority of the Prosecutor general, including the department responsible for investigating and prosecuting serious and organised crime, the service providing technical support for investigations into economic and financial crime, the international judicial co-operation service and the office of documentation and comparative law, international law and human rights.

b. Elected posts

1996–1999 – Deputy Minister for Justice (XIIIth constitutional government)

Member of the Government of Prime Minister Antonio Guterres, responsible for European Union justice affairs, including participation in the Justice and Home Affairs Council (JHA), representing the Minister of Justice (Vera Jardim). Also responsible, among other things, for legislative reforms, organisation and functioning of criminal and juvenile justice systems; reform of forensic medicine, new technologies in the judicial system; coordination of the fight against drugs, compensation of victims of violent crimes, social reintegration programmes for detainees and children in educative centres (health, training, education), protection of consumers and the environment; law and life sciences issues. Portuguese presidency of the Schengen area (1997) and preparation of the Portuguese presidency of the Council of the European Union (2000) in the justice field.

VI. Other activities

VII. Publications and other works

Author or co-author of over 40 published law articles (Portugal, Spain, Belgium, Italy, Germany, Netherlands, United Kingdom, Brazil), including:

Monographs

Para uma Politica Criminal Europeia – Quadro e instrumentos jurídicos da cooperação judiciária em matéria penal no espaço da União Europeia (Towards a European criminal law policy – Legal framework and instruments for judicial co-operation in criminal matters in the European Union area), Anabela Miranda Rodrigues / JL Lopes da Mota, Coimbra Editora, Coimbra, 2002

Legal articles

“A influência dos organismos internacionais na Justiça” (The influence of international bodies on justice), 40 Anos de Politicas Públicas em Portugal, org. Maria de Lurdes Rodrigues, Nuno Garoupa e outros, Livraria Almedina, 2017, pp. 845-886

“Cooperação judiciária em matéria penal e protecção de dados pessoais na União Europeia à luz da experiência da Eurojust” (Judicial co-operation in criminal matters and personal data protection in the European Union in the light of the experience of Eurojust), Estudos em homenagem ao Professor Doutor Jorge de Figueiredo Dias,Coimbra Editora, Coimbra, 2009, pp.761-794

“A cooperação internacional e o auxílio judiciário no Estatuto de Roma do Tribunal Penal Internacional” (International judicial co-operation and assistance in the Rome Statute of the International Criminal Court), Direito e Justiça, Lisboa, n.esp.(2006), O Tribunal Penal Internacional e a transformação do Direito Internacional, Silva Miguel / Pinto de Albuquerque (coord.), pp. 301-324

“A Eurojust e a emergência de um sistema penal europeu” (Eurojust and the emergence of a European criminal justice system), Revista Portuguesa de Ciência Criminal, ano 13, No. 2, 2003, pp. 177-205

“Protecção de testemunhas em processo penal” (Witness protection in criminal proceedings), Estudos de Homenagem a Cunha Rodrigues, Vol.1, Coimbra Editora, 2001, pp. 661-685

“Crimes contra a autoridade pública” (Crimes against public authority), Jornadas de Direito Criminal – Revisão do Código Penal, Centro de Estudos Judiciários, Lisbon, 1998, pp. 409-461

“Eurojust as a link to mutual trust within the European Union”, La Confiance Mutuelle dans L’Espace Pénal Européen / Mutual Trust in the European Criminal Area, ed. Gilles de Kerchove and Anne Weyembergh, Brussels university, 2005, pp. 233-237

“Eurojust – The Heart of the Future European Public Prosecutor’s Office”, EUCRIM, The European Criminal Law Association’s Forum, 1-2/2008, Max-Planck-Institut für ausländisches und internationales Strafrecht, Freiburg, pp. 61-66

“O princípio do reconhecimento mútuo de decisões judiciais em matéria penal na União Europeia perante as exigencias de garantia do direito à liberdade decorrentes da CEDH e da Carta dos Direitos Fundamentais da UE” (The principle of mutual recognition of judicial decisions in criminal cases within the European Union, in view of the obligation to guarantee the right to freedom under the ECHR and the European Union Charter of fundamental rights), Comentário da Convenção Europeia dos Direitos do Homem e protocolos adicionais, org. Paulo Pinto de Albuquerque, Católica Editora, Lisbon, 2019 (in preparation)

VIII. Languages

Language	Reading			Writing			Speaking
Language	very good	good	fair	very good	good	fair	very good	good	fair
a. First language:
– Portuguese	X			X			X
b. Official languages:
– English	X				X			X
– French	X				X			X
c. Other languages:
– Spanish	X					X		X
– Italian	X

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

I confirm.

X. Other relevant information

Knowledge and intensive use of new technologies in day-to-day work.

XI. Please confirm that you will take up permanent residence in Strasbourg if elected as judge in the Court.

I confirm.

Appendix 3 – José António MOURAZ LOPES

(open)

CURRICULUM VITAE

I. Personal details

Name, forename: Mouraz Lopes, José António

Sex: male

Date and place of birth: 30 December 1961, Canas de Senhorim, Nelas, Portugal

Nationality: Portuguese

II. Education and academic and other qualifications

2010 – Doctor of Law from the University of Coimbra (Faculty of Law and Economics)

2004 – Master’s degree in Law and Criminology from the University of Coimbra

1998 – Postgraduate studies in European and Economic Criminal Law from the University of Coimbra

1985 – Law degree from the University of Coimbra

III. Relevant professional activities

a. Judicial activities

Since 2012 – Judge at the Court of Audit of Portugal, Lisbon, Judicial Division

2011–2012 – Judge at the Porto Court of Appeal (Criminal Affairs Division)

2009–2011 – Judge at the Coimbra Court of Appeal (Criminal Affairs Division)

2004–2006 – Deputy National Director of the Criminal Investigations Police

2002–2004 – Lecturer at the Centre for Judicial Studies (Legal Service Training College) in criminal law and criminal procedure

1986–2010 – Judge at courts of first instance – Coimbra Enforcement of Sentences Court (criminal and prison-related cases), Figueira da Foz District Court, Anadia District Court, Santa Maria da Feira District Court (criminal and civil cases), Coimbra Criminal Court, Aveiro Criminal Court (criminal cases), Aveiro Court, Santa Maria da Feira Court, Oliveira do Bairro Court, Vouzela Court, Montijo Court (cases on criminal, civil, minors and family matters) and Viseu Criminal Investigations Court (criminal cases)

b. Non-judicial legal activities

Since 2017 – Visiting Professor at Portucalense University, Porto (Master’s degree in criminal procedure law)

Since 2016 – Visiting Professor at Lusófona University, Lisbon (Postgraduate studies in criminology and criminal investigations)

2016–2018 – Visiting Professor, Law Faculty of the University of Lisbon (Postgraduate studies in law enforcement, compliance and criminal law relating to banking, financial and economic cases)

2008–2019 – Co-ordinator and lecturer for training courses for judges, public prosecutors and lawyers on “Corruption”, “Judicial Decisions” and “International Co-operation in Criminal Matters”, Centre for Social Studies at the University of Coimbra

2003, 2008, 2012, 2016 – Visiting lecturer and co-ordinator of the course on “Judicial Management and Organisation”, “Centro de Formação Jurídica e Judiciária” (Legal Service Training College), Macao, China

2009–2010 – Professor for the Online Course on International Judicial Co-operation in Europe, General Council of the Judiciary, Barcelona, Spain

2008 – Professor for the course entitled “Justicia penal europea: una utopia?”, Legal Training College of the General Council of the Judiciary, Barcelona, Spain

2004 – Co-ordinator for judges’ training courses in Cape Verde and Russia

1996–1997 – Council of Europe expert – Project on judicial co-operation with East European countries – the rule of law (Ukraine and Lithuania)

Since 1992 – Visiting lecturer in several European, African and Latin American countries on the following topics: fundamental rights (Brazil, Mozambique and Portugal), criminal and criminal procedure law (Angola, Argentina, Brazil, Cape Verde, Spain, Macao, Portugal and Panama), prison law (Portugal and Brazil), corruption and criminal policy (Angola, Argentina, Brazil, Cape Verde, Mozambique, Peru, Portugal, São Tomé and Principe and Timor Leste), the law of judicial process (Angola, Bulgaria, Brazil, Italy, Lithuania, Macao, Mozambique, Portugal, Serbia, Switzerland and Ukraine)

c. Description of non-legal professional activities

Since 2015 – Consultant with the PACED project – Project for consolidating the rule of law (Portuguese-speaking African countries and Timor Leste) – EU/Camões Instituto da Cooperação e da Língua, IP (Angola, Cape Vere, São Tomé and Principe, Mozambique, Guinea-Bissau and East Timor)

2012–2015 – Chair of the Association of Portuguese Judges

2011 – Expert and consultant with the project for assessing Portuguese co-operation in the field of justice with Portuguese-speaking African countries – Centre for Social Studies at the University of Coimbra

2007–2015 – Consultant with several university research projects at the Centre for Social Studies of the University of Coimbra: “Projecto de Estudo sobre a Reforma do mapa Judiciário” (2006); “Projecto de avaliação da reforma da Acção Executiva” (2006); “Projecto de Investigação sobre Tráfico de Mulheres para Fins de Exploração Sexual” (2007); “Monitorização da reforma penal” (2007-2009); “The European arrest warrant in law and in practice: a comparative study for the consolidation of the European law enforcement area” (2008-2010); “A Justiça em Recurso em Angola” (2015)

IV. Activities and experience in the field of human rights

Judge sitting in several courts of first instance (especially as an examining judge and a judge responsible for the execution of sentences) and in the Coimbra and Porto Courts of Appeal, in the Criminal Affairs Division

Lecturer at the Portucalense University (constitutional law, fundamental rights, human rights and criminal procedure law)

Lecturer at the Centre for Judicial Studies (teaching future judges and public prosecutors constitutional law, fundamental rights, criminal law, criminal proceedings and human rights)

Council of Europe expert – Project on judicial co-operation with East European countries – the rule of law (1996 and 1997) (Ukraine and Lithuania) – presentation on fundamental safeguards in a state governed by the rule law

Lecturer on many courses in Brazil, Spain, Cape Verde and Portugal on the material and procedural dimension of human rights safeguards, in particular:

2019 – “La jurisdición voluntaria y el Convenio Europeo de Derechos Humanos”, Joint seminar, International Association of Judges and International Union of Notaries, Valencia, Spain,

2018 – “A efetividade do direito penitenciário», Congresso “Estado de Direito, Sistema de Justiça e Processo penal”, Ordem dos Advogados (Portuguese Bar), Porto, Portugal

2017 – “A garantia judiciária no âmbito da criminalidade organizada”, Conferência “Criminalidade Organizada e Estado de Direito”, Ministry of Justice and Labour, Praia, Cape Verde

2015 – “Combate à corrupção e efetivação dos direitos fundamentais”, III Congresso Internacional de Direitos Humanos, Federal University of Tocantins, Palmas, Brazil

2013 – “A dignidade da pessoa humana como princípio na execução da pena de prisão”, I Congresso Ibérico da Pastoral Penitenciária, Fátima, Portugal

V. Public activities

a. Public office

Judge since 1986

Deputy National Director of the Criminal Investigations Police between 2004 and 2006

b. Elected posts

Chair of the Association of Portuguese Judges (2012-2015)

c. Posts held in a political party or movement

VI. Other activities

2002–2010 – Expert for GRECO (Group of States against Corruption) – monitoring Belgium and Switzerland (2nd monitoring cycle)

2006–2015 – Representative of the Association of Portuguese Judges at the Association of European Judges for Democracy and Liberties (MEDEL)

2016 – Member of the Working Group on the Revision of the status of Judges

2009–2010 – Member of the Committee on the Reform of the Code of Criminal Procedure

2005 – Member of the task force on Criminal Reform

2008–2009 – Member of the National Committee on the Assessment of the Portuguese Bar

Director of the following law journals:

1999-2005 Sub Judice

2006-2012 JULGAR

VII. Publications and other works

Author or co-author of 17 books and more than 62 articles in legal publications, including

Monographs

Gama, A. Latas, A. Correia, J. Mouraz lopes, J. Triunfante, l. Dias, M. Mesquita, P. Albergaria, P. Milheiro, t. (2018): Comentário Judiciário do Código de Processo Penal, Tomo II, Almedina, Coimbra

Mouraz Lopes, J. Milheiro, t. (2015): Crimes Sexuais. Uma análise substantiva e processual, Coimbra Editora, Coimbra

Mouraz Lopes, J. (2011): O Espectro da Corrupção, Almedina, Coimbra

Mouraz Lopes, J. (2011): A Fundamentação da Sentença no Sistema Penal Português. Legitimar, Diferenciar, Simplificar, Almedina, Coimbra

Mouraz Lopes, J. (2005): A Tutela da Imparcialidade endoprocessual no Processo Penal Português, Coimbra Editora, Coimbra

Articles in legal publications

Mouraz Lopes, J. (2018). “A contaminação do sistema penal português pelo populismo penal” in J. Faria Costa et al, (org), Estudos em Homenagem ao Prof. Doutor Manuel da Costa Andrade, University of Coimbra, Coimbra, p. 797-812

Mouraz Lopes, J. (2017): “Pensar, hoje, a execução da pena de prisão”, Revista ESMAT, 9, 12

Mouraz Lopes, J. (2017): “A Jurisprudência do TJUE no âmbito da justiça penal na construção de um espaço judiciário europeu”, Revista Portuguesa de Ciências Criminais, Ano 27, 1, p. 39-71

Mouraz Lopes, J. (2013): “Para uma Estratégia de Investigação Criminal na Criminalidade Económica e Financeira”, Revista Portuguesa de Ciência Criminal, 22, 3, p. 399-410

Mouraz Lopes, J. (2001): “A responsabilidade civil do Estado pela privação da liberdade decorrente da prisão preventiva”, Revista do Ministério Público, 88, p. 71-100

VIII. Languages

Language	Reading			Writing			Speaking
Language	very good	good	fair	very good	good	fair	very good	good	fair
a. First language:
– Portuguese	X			X			X
b. Official languages:
– English		X				X		X
– French	X			X			X
c. Other languages:
– Spanish	X					X		X
– Italian		X							X

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

I confirm.

X. Other relevant information

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I confirm that I will take up permanent residence in Strasbourg if I am elected judge to the Court.