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Doc. 7985
15 January 1998
Election of members of the new European Court of Human Rights
Communication
Committee of Ministers
APPENDIX
Part I
Curriculum vitae
Page
Albania 2
Andorra 10
Austria 15
Belgium 29
Bulgaria 43
Croatia 50
Cyprus 65
Czech Republic 74
Denmark 84
Estonia 94
Finland 101
ALBANIA
Permanent Representative of the
Republic of Albania to the Council of Europe
Strasbourg, 27 October 1997
Dear Sir,
Further to the Secretary General's letter of 6 October 1997 and the informal examination procedure established by the Committee of Ministers, I enclose the list of candidates (together with their curriculum vitae) proposed by the Albanian Government with a view to the election of judges to the new European Court of Human Rights:
—Mr Kristaq Traja—
—Ms Tefta Zaka—
—Ms Mariana Semini (Tutulani).Yo
Yours sincerely,
Viktor Hebibasi
Chargé d'affaires a.i.
Mr Leonard G. Davies
Committee of Ministers
Council of Europe
Strasbourg
Kristaq Traja
Sex: male
Birthday: 17 August 1955
Birthplace: Diber, Albania
Nationality: Albanian
Family status: married, 3 children (males), respectively: 8, 11 and 16 years old
Education
1970-74: general secondary school
1974-77: Law Faculty of Tirana University (graduated)
Official stations
1977-78: training course at prosecutor's office of Durres
1978-92: assistant prosecutor at prosecutor's office of Kruja
1982-85: deputy prosecutor in Kruja (Albanian district)
1986-90: General Prosecutor's Office (Department of Studies), Tirana
1991-(June)92: Legal Drafting Department at the Ministry of Justice (specialist)
1992 (July)-1993 (November): Deputy Minister of Justice
1993 (February-November): Head of Social Security Institute Board
1993 (November)-1997 (July): private lawyer, practising mainly in constitutional and commercial issues
Since January 1994: state lawyer representing the Albanian State interests abroad; participating in actions in international courts (international arbitrage court at the Bulgarian Chamber of Commerce — 1994)
1993 (October)-1995: Chairman of the Court of Arbitrage at the Albanian Chamber of Commerce
Since 1994: member of the Legal Board of SOROS Foundation in Albania
Since July 1997: Chief of Cabinet of the Minister of Legislative Reform and relations with the parliament as well as head of the Technical Staff of Parliamentary Commission for drafting the new Albanian constitution.
Work experience
Member of all Constitutional Commissions since 1991 until 1997
Head of the Constitutional Commission in 1993
Professor of Constitutional Law at Law Faculty of Tirana University: September 1993-June 1997
Professor of the Constitutional Law at the Superior School of Magistrature, Tirana, Albania
Translations, published in Albania
"Federalist Papers" — translated and distributed all over the country in 1993 — serving the process of drafting the new Constitution
B. Cardozo's "The nature of the judicial process"
A. de Tocqueville's "Democracy in America"
Currently in process of translation — "Institutions Judiciaires" of Roger Perrot (fourth edition), professeur emerite de l'université Pantheon-Assas (Paris II) — serving the recent needs of the new School of Magistrature
Author of the Statute and other founding papers of Albanian Judges Association, founded in 1993
Vice-Chairman of the National Association of Albanian Jurists, founded in 1993
Foreign languages
Fluently reading, speaking and writing: English, French, Italian, Spanish and Russian
Political position
Never been in the past nor actually member of any political party
Tefta Zaka
Sex: female
Date of birth: 23 February 1961
Place of birth: Albania
Nationality: Albanian
Qualifications: Secondary school (Tirana, Albania)
1980: School-leaving diploma
1981-85: University of Tirana, Faculty of Law. Graduated in 1985.
9-22 February 1992: International Development Law Institute, participant in the seminar on Legal Aspects of Management of the Environment and Natural Resources, Rome
1-6 June 1992: International Development Law Institute, participant in the seminar on Principles and Practice of Civil Law
1994-95: Scholarship from the Federal Scholarship Commission of the Swiss Government to the University of Geneva, academic year 1994-95
Subjects: Family law (marriage and succession law, sociology of family law, law on individuals within the family), labour law. Study director: Professor Gabriel Aubert, vice-dean of the law faculty
July 1995: Attestation by the National Association of Judges on participation in the 3rd National Conference of Judges
22 January-23 February 1996: International Development Law Institute, participant in the seminar on Companies and Investment Legal Practice Course, Rome
Professional experience
1985-87: Librarian and professor of civil law at the Faculty of Economic Sciences of the University of Tirana
1987-90: Legal adviser to the Minister of Public Education, Tirana
From 1989: Within the Ministry, appointment as Arbitration Chair for all companies connected with the Ministry
1990-94: Family law specialist at the Codification Directorate of the Ministry of Justice, Tirana.
Temporary professor of civil and family law at the University of Economic Sciences and Law, Tirana
1992: Hosting and organisation of a mission by an international group of experts: The Hague Conference of Private International Law, International Social Service, Defence for Children International, UNICEF. As a Ministry of Justice expert, participation in the group's work of drafting the law on the adoption of the Republic of Albania. Responsible for the defence of this law before the People's Assembly, which adopted it on 17 December 1992 (Act No. 7650)
1992: Participation in a World Bank study on environmental legislation.
In the context of the Ministry of Justice Codification Directorate, within various working groups set up by the Council of Ministers: participation in the drafting of legislation on the return of property to former owners and the improvement of legislation on oil and mineral resources. Speaker at conferences, meetings on problems of civil law, family law and international adoption.
October 1992: Speaker (in French) on the theme "International adoption in Albania" at a regional seminar held in Sofia, Bulgaria, for 17 countries of central and eastern Europe by UNICEF, ISS, DCI and the International Catholic Child's Bureau
1994-present: Judge at the Court of Cassation, Tirana
October 1994: as an expert in labour law, appointed by the International Labour Office (ILO) to help organise a tripartite seminar in Albania on work contracts and salaries as part of the "ADMITRA" training programme in Albania
Activities and experience in the field of human rights
1-7 November 1996: International Institute on the Rights of the Child, participant in the seminar on children's rights, Sion, Switzerland
22 July-2 August 1996: participant in the round table on the preparation of the manual of human rights in Albania, organised by the Danish Centre of Human Rights, Copenhagen
November 1996: speaker on human rights in the seminar held by the Council of Europe in Tirana
January 1997: speaker on the procedure of the European Court of Human Rights in the seminar held by the Albanian Centre for Human Rights with students of the law faculty of Tirana
October 1997: speaker on the theme "The judiciary and human rights" in a seminar with students of the law faculty of Tirana
Public activities
Member of the National Bar Association, head of the department of external relations
Board member of the Association of Women Lawyers
September 1997: participant in the seminar organised by the Council of Europe and the International Association of Judges on Judges' Associations, Neuchâtel, Switzerland
Publications
Février 1996: chargé par le Service Social International d'analyser la législation albanaise relative à l'adoption interne et internationale, publié en français chez Martinus Nijhoff Publishers en septembre 1997
Mars 1996: La législation albanaise de l'adoption et la nécessité de son amélioration, Revue "Le droit de l'homme"
Octobre 1997: Les éléments de la procédure de l'adoption selon la législation albanaise et des pays europeéns. Revue "Le droit de l'homme"
1997: L'auteur d'un chapitre d'un manuel sur les droits de l'homme financé par le Centre Danois de Droit de l'Homme. En cours
Languages:
Mother tongue: Albanian
Official languages:
French: fluent
English: good
Italian: very good
Mariana Semini
I was born on 13 April 1966 in Berat, Albania. I have Albanian nationality.
I graduated for jurisprudence at the Faculty of Law in Tirana University in 1988. In the same year, I started working at the Faculty of Law as a pedagogue at the Department of the Civil Law for the "Contracts and Obligations".
In 1993 I received the scientific title of "Candidate of Law Sciences" transformed later in 1994 into the title of "Doctor of Law Sciences".
In 1993 I was specialised at the Fullbright Programme scholarship in the United States, Virginia School of Law for trade sales.
I have also participated in three short-term post-university programmes for the sphere of contracts in the University of Trento, Italy (1993-94) and Cosenza, Italy (1991-92), benefiting from the TEMPUS Programme, Venice Committee and a bilateral agreement.
I have also participated in some international courses and seminars, like a course on Copyright Law, a course on Human Rights in Lodz (Poland) in 1992, organised by the American Bar Association, a course on international sales in 1994 in Florence (Italy), the
seminar on "Democracy after communism" in Budapest, Hungary, etc.
In September 1997, I was selected as a professor of the Tirana High School of Magistrates. I will have to give courses on Civil and Private Law to future judges and prosecutors in Albania.
I am also a lawyer and legal consultant especially in contract and trade relations matters.
I am a member of the International Bar Association (IBM).
During more than nine years I have published different works:
The monograph "Sales contract in the market economy";
"The legislation and law", volume II;
The lectures course "Civil and contracts law";
The translation of the book "Comparative law — general principles" of the German authors Kotz and Zweigert;
Co-author of the middle school text "Sociology 2";
Co-author of the text "Trade law", and
Many scientific articles in the magazine "Justice", "Albanian Observer", speeches in national and international seminars, etc.
I have also participated for eight weeks as a lecturer in the summer school organised by CEELI and GTZ in June-August 1995 on the "News of the Civil Code".
I have prepared for publication my general work in two volumes: "The law of obligations and contracts" (some 500 pages) which will be published by the end of 1997, and a text for the middle school "The law and agriculture legislation".
I speak and use English and Italian as foreign languages.
I am married.
ANDORRA
Permanent Delegation
of the Principality of Andorra
to the Council of Europe
The Ambassador
Strasbourg, 5 November 1997
...
In reply to your letters of 23 September and 6 October 1997, I have the honour to send you herewith the list of the candidates nominated by the Andorran authorities for the election of judges to the new European Court of Human Rights. The candidates are, in order of preference:
Mr Josep Casadevall Medrano
Mr Josep Sansa Torres
Mr Antoni Lopez Montanya
I should be grateful if you would kindly circulate this list and the candidates' curricula vitae (attached) for examination as part of the informal procedure decided on by the Committee of Ministers on 28 May 1997.
...
(signed) Joan Tomàs Roca
Mr Daniel Tarschys
Secretary General
Council of Europe
F-67075 Strasbourg Cedex
Andorra, Head of Government
Andorra la Vella, 30 October 1997
...
Further to your letter of 6 October concerning the election of judges to the new full-time Court of Human Rights, following the depositing of the last instrument of ratification of Protocol No. 11 to the European Convention on Human Rights, which will come into force on 1 November 1988, I am sending you the list of candidates for the position of judge of the Court in respect of Andorra.
Mr Josep Casadevall Medrano
Mr Josep Sansa Torres
Mr Antoni Lopez Montanya
Please find enclosed the curriculum vitae of each of them.
...
(signed) Marc Forné Molné
Mr Daniel Tarschys
Secretary General
Council of Europe
F-67075 Strasbourg Cedex
Josep Casadevall Medrano
Personal details
Born 10 September 1946 at Gerona (Spain)
Nationality : Andorran (passport No. 5116)
Married, two children (lawyers)
Office in Andorra la Vella (32, rue Prat de la Creu)
Education and academic and other qualifications
Bachelor of Law (Madrid, UNED - 1978)
Professional activities
Chief Executive, City Council of Andorra la Vella (November 1970-July 1980)
Practising member of the Andorra Bar since July 1980
Secretary-General of the Andorra Bar (February 1984-January 1992)
Chairman of the Bar (1993-95)
Judge of the European Court of Human Rights (1996)
Other activities
Lecturer in Roman Law and Criminal Law in the Faculty of Law of the Spanish National Open University
Draftsman of the Motor Vehicle Guarantee Fund Bill
Member of the Bar Committee to draft the report on the chapters of the preliminary draft Constitution concerning Rights, Freedoms and the Administration of Justice (1992)
Draftsman for the Banking Secrecy and Money Laundering Bill (1995)
Draftsman for the State Counsel's Office Bill (1995)
Co-draftsman of the profession of notary Bill (1996)
Languages
Catalan (the official language of the Principality of Andorra): read, written and fluently spoken
Spanish: read, written and fluently spoken
French: read, written and fluently spoken
English: spoken
Working language: French
Josep Sansa Torres
Born in Barcelona (Spain) on 7 June 1954
Nationality: Andorran (passport No. 12.949)
Personal detail: unmarried
Professional address:
C/Dr Nequi, N°8, 3er 4rt
Andorra La Vella
Tel : 00 379/827 464
Fax : 00 376/863 611
Education and academic and other qualifications:
Master of Law, University of Navarre (Pamplona, Spain) - 1976
Professional activities:
Practising member of the Andorra Bar since 1986
Languages:
Spanish mother tongue
French: reading and speaking good, writing fairly
Antoni Lopez Montanya
Personal details
Born 9 January 1955 in Andorra la Vella (Andorra)
Nationality: Andorran - passport No. 6246
Separated, one child
Office in Andorra la Vella (62, Av. Meritxell)
Education, academic and other qualifications
Bachelor of Law, Autonomous University of Barcelona (1978).
Special Leaving Prize.
Professional activities
Technical collaborator at the Department of Economy and Finance of the Generalitat of Catalonia (1978-80)
Collaborator at the Office of Mr Marc Vila, Notary (1980-82)
Secretary-General of the General Council of the Valleys of Andorra (1982-87)
Practising member of the Andorra Bar (since 1988)
Other activities
Part-time lecturer in Andorran Law and Political Institutions at the University of Perpignan (1984-88)
Founder member and Secretary of the Board of Directors of the "Diari d'Andorra" (1991-92).
Tutor in Administrative Law (since 1990) and Constitutional Law (since 1992) at the Seu d'Urgell Centre of the Spanish Open University
Languages
Catalan
Spanish
French
English
Working language: French
AUSTRIA
Permanent Representation of Austria
to the Council of Europe
No. 1.4.10/51-97
Strasbourg, 13 November 1997
Mr Leonard G. Davies
Committee of Ministers
Council of Europe
Strasbourg
Dear Mr Davies
Following the nomination by letter dated 22 October 1997 of
Dr Will Fuhrmann, self-employed lawyer, Member of Austrian Parliament (National Council) and Member of Parliamentary Assembly,
Dr Franz Cede, Legal Adviser in the Austrian Ministry for Foreign Affairs, Head of the Directorate of International Law, and
Dr Manfred Nowak, Professor at Vienna University, Judge at Human Rights Chamber for Bosnia and Herzegovina
as the Austrian candidates for election to the European Court of Human Rights, please find enclosed the curricula vitae of Dr Fuhrmann and Dr Nowak, the CV of Dr Cede having been attached already to the above-mentioned communication.
Yours sincerely,
Ulrich Hack
(Ambassador)
Willi Fuhrmann
Born 4 July 1944 in Neumühl
Austrian nationality
Married
Two daughters, one son
Studies
1954-62: "Bundesgymnasium" Baden (secondary school); "Matura" exam (university entrance level)
1962-70: University of Vienna (Faculty of Law and Faculty of Philosophy)
1970: Doctor of Law
Professional activities
1971-72: Traineeship at different law courts
1972-75: Traineeship at lawyer's office
1974: Lawyer examination
Since 1976: Self-employed lawyer in Baden/Vienna
Since 1981: Member of the Board of Examiners for lawyer examinations at Vienna High Court
Experience in the field of human rights
Since 1989: Member of the Austrian delegation to the Parliamentary Assembly of the Council of Europe
Committee on Legal Affairs and Human Rights
Committee on Migration, Refugees and Demography
Standing Committee
Sub-Committee on Refugees
Sub-Committee on Demography
Sub-Committee on Human Rights
Substantive motions relating to human rights, submitted to the Austrian Parliament:
Notice of motion 139/A, XVII.GP, aiming at more efficient combating of renewed National Socialist (Nazi) activism and malicious racist agitation, which led to the 1992 amendment to the Act on the statutory prohibitions of Nazi activism
Notice of motion to delete discriminatory punishment or imprisonment of homosexuals (261/A, XIX.GP)
Notice of motion to delete discriminatory punishment or imprisonment of homosexuals (1/A, XX.GP)
Act on changing the right to bear a name, 4/A, XIX.GP (notice of motion against the discrimination of women in the law on family names)
Notice of motion to amend the Penal Code 153/A, XX.GP (motion to fight sex tourism involving children)
As Head of the Austrian delegation at the Interparliamentary Conference in Beijing, responsible for the presentation and the adoption of the memorandum "Promoting greater respect and protection of human rights in general and in particular for women and children".
As Head of the Austrian delegation at the Interparliamentary Conference in Istanbul, responsible for the presentation and the adoption of the memorandum "The protection of minorities as a global issue and a prerequisite for stability, security and peace".
Head of the delegation of the Parliamentary Assembly of the OSCE to monitor the parliamentary elections in Belarus.
Member of the delegation of the Parliamentary Assembly of the OSCE to monitor the Russian Presidential elections.
In 20 years working as a lawyer legal representative especially for asylum-seekers in many lawsuits at the Highest Court or Constitutional Court respectively (to tell details is not allowed by the Austrian Lawyers Disciplinary Law).
Political activities
1987 to present: Member of the Austrian Parliament (National Council)
Committee on Legal Affairs (Vice-Chairperson)
Committee on Constitutional Affairs (1990-94 Vice-Chairperson)
Committee on Foreign Affairs
1990-94: Chairperson of Social Democratic Parliamentary Group
Languages
Mother tongue: German
Official languages:
English (fluent), French (not absolutely fluent yet, I prefer English)
Others:
Latin and Ancient Greek
Franz Cede
I. Personal details
Sex: male
Date and place of birth: 24 February 1945, Feldkirch, Austria
Nationality: Austrian
II. Education and academic and other qualifications
1951-63: elementary (Volksschule) and secondary education (Realgymnasium) in Innsbruck
1963: Baccalaureate
1963-68: law studies at the University of Innsbruck
24 February 1968: graduation as Doctor of Law
1971-72: post-graduate studies at the School of Advanced International Studies (SAIS) of the Johns Hopkins University (first academic year at the European Centre in Bologna, Italy, second academic year at SAIS in Washington DC), graduation as Master of Arts in International Relations
III. Professional activities
a. Details of judicial activities
Member of the Appeals Commission established under the Austrian Civil Servant Act (Disziplinaroberkommission)
b. Details of non-judicial legal activities
1. Formal career description
1968-70: lecturer on Constitutional Law at the Institute of Political Science and Public Law, University of Innsbruck
1972: admission to the Austrian Foreign Service
1972-75: legal practice in the Office of the Legal Adviser in the Austrian Foreign Ministry
1975-78: first diplomatic assignment: Austrian Embassy in Paris with duties in the legal and economic fields
1978-81: Counsellor and Deputy Chief of Mission at the Austrian Embassy in Rabat, Morocco
1981-85: after return to Vienna from term of duty abroad, reassignment to the Office of the Legal Adviser in the Austrian Foreign Ministry; since 1983 Deputy Director.
1985-88: Austrian Ambassador to Zaire
1988-91: Austrian Consul General in Los Angeles
1991: return to Vienna, reassignment to Office of the Legal Adviser in the Austrian Foreign Ministry
1 February 1993: appointed Legal Adviser in the Austrian Foreign Ministry. Functions comprise direction of three departments and six sub-units covering all issues of public international law, human rights law, legal matters of the European Union
2. Noticeable non-judicial legal activities
Participation in numerous international conferences and bilateral negotiations as a member or as the Head of the Austrian delegation.
Regular member of the Austrian delegation to the UN General Assembly (1973, 1974 — 3rd Committee, 1982-84, 1992-97 — 6th Committee).
In the framework of the Legal Sub-Committee of the UN Committee on the Peaceful Uses of Outer Space (COPUOS). Dr Cede chaired two working groups which elaborated UN guidelines on remote sensing by satellites and on nuclear power sources in outer space.
In 1991, Dr Cede was elected Vice-President of the Diplomatic Conference, that finalised, under the aegis of ICAO, an international Convention on the Marking of Plastic Explosives.
In September 1997, Ambassador Cede was chosen by the Legal Adviser's Committee of the Council of Europe (CADHI) to chair an expert group of legal specialists on issues pertaining to reservations to treaties.
Dr Cede is a frequent lecturer on legal topics at Austrian and foreign academic institutions. He has a long-standing affiliation with the Vienna-based Diplomatic Academy where he regularly lectures on specific issues of international law in the framework of the academic course programme.
He is a member of the Scientific Advisory Board of the Salzburg-based Austrian Institute for Human Rights (Director: Prof. Dr. F Matscher, currently the Austrian judge of the European Court of Human Rights), of the German Society of International Law, the Austrian branch of the International Law Association (ILA) and a member of the Board of Editors of the Austrian Review of International and European Law (ARIEL).
(Appendix A lists noteworthy recent activities)
c. Details of non-legal professional activities:
At present no other than legal professional activities. During his formative years as a student, however, Dr Cede worked, i.a., as a language teacher, travel guide and as a workman in the Austrian Forestry Administration.
IV. Activities and experience in the field of human rights
Since human rights matters fall within the competence of the Legal Office in the Austrian Foreign Ministry, Ambassador Cede has been intimately linked to the formulation and presentation of Austria's international position in the field of human rights. During his repeated assignments to the Legal Office, Dr Cede has developed over 13 years a comprehensive experience concerning human rights matters, both at the national and international levels.
At present in a position of responsibility he has to oversee all human rights related activities of the Austrian Foreign Ministry.
This relates both to the Austrian positions in international organisations (UN, OSCE, EU, etc.) and to the human rights aspects of bilateral relations. In recent times, a particular emphasis was laid on the rights of national minorities and their protection.
At the World Conference on Human Rights (Vienna, 1993) Dr Cede was chosen as the Chairman of the Senior Officials Meeting prior to the Conference. He then headed the Austrian delegation to the World Conference.
Appendix A also lists a number of human rights events in which Dr Cede was directly involved.
Special focus on the European Convention on Human Rights
In 1993, simultaneously with his taking office as Legal Adviser, Ambassador Cede was appointed agent of the Austrian Federal Government before the European Commission and the European Court of Human Rights for all cases involving the Republic of Austria.
Over the years, the role of the agent has led Ambassador Cede to acquire a thorough knowledge of the procedures of the Strasbourg organs and of their case law. At the same time the position of agent allowed Dr Cede to develop, at a senior level, a close working relationship with all Austrian governmental departments concerned with the jurisprudence of the European Court on Human Rights.
Dr Cede followed closely the EU intergovernmental conference to revise the Maastricht Treaty. As the Legal Adviser, he was well placed to contribute to the Austrian positions on the human rights related provisions of the Amsterdam Treaty.
Dr Cede increasingly devotes his interests to human rights affairs in the European context with a particular focus on minority rights.
(See Appendix A and B)
V. Public activities
Dr Cede is not a member of any political party. He has no record of political activities. His career developed entirely within the framework of the public service.
VI. Other activities
At present Dr Cede is Co-Chairman of a workshop of interested citizens to consider the prospects of those European countries which have not yet joined the EU.
Dr Cede has for some time contributed to newspapers and magazines on public affairs mostly in the field of international law and foreign policy.
While posted in Los Angeles Dr Cede became interested in the Christian-Jewish dialogue to which he is still actively committed.
VII. Publications and other works
Some 30 publications in newspapers, magazines and scientific periodicals. Some of them, in particular those dealing with human rights matters, are listed in Appendix B.
VIII. Languages
Mother tongue: German
Official languages:
English: excellent command in speaking, reading and writing
French: excellent command in speaking, reading and writing
Italian: very good understanding in reading, speaking and writing — would require some refreshing
IX. Other relevant information
Franz Cede is married to Dr Anna-Marie Cede. They have two children. He likes history, the fine arts and classical music.
APPENDIX A
Recent participation in scientific seminars either as lecturer, organiser or moderator:
October 1992: German Studies Association, Symposium on the Austrian State Treaty, Minneapolis, USA
October 1992: Symposium on "Between Russia and Germany: East Central Europe after the Collapse of the Soviet Union", Columbia University, New York, NY
3 February 1994: "Islam — Future Dimensions", Harvard Club of Austria, Vienna.
1 July 1994: Lecture on "Waht concept does European unification within the European Union correspond to?", Post-graduate Europastudium, EURAS, Krems.
19-20 May 1995: Austrian Society of International Law annual meeting, organised by the Legal Office under the leadership of Dr Cede.
28-29 August 1995: Moderator of the panel on "Protection of minorities", European Forum Alpbach, Austria.
15-17 September 1995: Vienna International Encounter on current issues of national minorities, organised by the Legal Office under the leadership of Dr Cede.
4-5 March 1996: International Round Table on Human Rights in Bosnia and Herzegovina, Vienna.
6 March 1996: "The end of neutrality — Europe's security after the cold war", lecture at the Hanns-Seidel-Stiftung eV, Kloster Banz, Germany.
22 March 1996: "European peace and security — Austria's position", panellist at the symposium organised by the Austrian Commission Justitia et Pax, Vienna.
6-8 June 1996: Lecture on fundamental rights in the European Union (to be published), Annual Meeting of the Austrian Commission of Jurists, Weissenbach, Austria.
18-20 July 1996: Published contribution on "Strengthening the Common Foreign and Security Policy of the European Union: an Austrian Perspective", Vienna Forum on US-EU Legal and Economic Affairs, organised with "The Mentor Group", Vienna.
29 October 1996: "Austria in the New European Security Architecture", special guest lecture on the occasion of the Austrian Millennium at the Austrian Embassy in Washington, Washington DC.
10 December 1996: Panel discussion with a contribution on "Austria's neutrality in the new international environment", Austrian League of the United Nations, Vienna.
28 February 1997: "The legal aspects of the US weapon deposits in Austria", lecture at the Historic Symposium at the Vienna Museum of Military History, Vienna.
12 March 1997: "International treaties in the light of changed political circumstances", lecture and panel discussion at the Austrian Ostund Südosteuropa-Institut, Maribor, Slovenia.
21 May 1997: "Fundamental Rights and Freedoms in Europe", lecture at the Wiener Juristische Gesellschaft, Vienna.
26-28 May 1997: "Role of the agent in the proceedings before the European Commission and the European Court for Human Rights", lecture at the UNTAES Seminar (United Nations Transitional Administration for Eastern Slovenia), Graz.
6 June 1997: "Current issues of codification in the UN system", lecture at the Austrian Society of International Law annual meeting, Vienna.
18-21 June 1997: Austrian-Polish Symposium on the harmonisation of national legislation with the European Community Law, Warsaw.
9 October 1997: Lecture to magistrates on "The protection of citizen's rights under the European Convention on Human Rights".
20 October 1997: "Austria's role in the European security architecture", lecture at the Academic Forum for Foreign Policy, Graz, Austria.
APPENDIX B
Monograph
"Europarecht" — Das Recht der Europäischen Union — uniter besonderer Berücksichtigung des EU-Beitritts Österreichs, Manz-Verlag Wien, 2. Auflage 1996 together with Dr Christoph Thun-Hohenstein.
Essays and lectures published
Weltkonferenz über Menschenrechte Wien (14-25 June 1993); "Konferenzbericht", Österreichisches Jahrbuch für internationale Politik 1993.
"Die Bestrafung von Kriegsverbrechern als Aufgabe des Systems der kollektiven Sichereit", Vorarbeiten zur Errichtung eines UN-Kriegsverbrechertribunals für das Gebeir des ehemaligen Jugoslawien — together with Dr Helmut Tichy; Reihe Focus (Hrsg. Dr H Neiser), Special issue, Menschenrechte als politischer Auftrag, Wien 1993, S. 37-59.
"Das künftige Arbeitsprogramm der ILC", "Völkerrecht zwischen normativem Anspruch und politischer Realität"l Festschrift für Karl Zemanek zum 65. Geburtstag, Duncker & Humblot/Berlin 1994.
"Islam and Human Rights: An Austrian Perspective", published lecture before the Harvard Club of Austria, am 3.2.1994.
"Grundrechte und Europa", Österreichische Juristenkommission Kritik und Fortschritt im Rechtsstaat, Österreichische Staatdruckerei Wien, 1995, S. 153-166.
"The State Treaty and International Law" (The Kreisky Era in Austria, edited by G Bischof, A Pelinka, Volume 2, 1994 Transaction Publishers, New Brunswick, New Jersey 08903).
"Österreichs Neutralität und Sicherheitspolitik nach dem Beitritt zur EU", Zietschrift für Rechtsvergleichung, 36. J.H. 4, 1995.
"New Approaches to Law-making in the UN System", Austrian Review of International and European Law, Nr. 1, S. 51-66, 1996.
"Dying states leaves no wills, after the dissolution of the Soviet Union", Austria Today, Nr. 1/92.
"Impulse, die von Wien ausgehen", zur UN-Menschenrechtskonferenz, Die Furche, 17.6.1993.
Menschenrechte: "Keep the flame alive!", Standard 4.10.1993
Manfred Nowak
I. Personal details
Sex: male
Date and place of birth: 26 June 1950, Bad Aussee, Austria
Nationality: Austrian
II. Education and academic and other qualifications
Dr. iuris University of Vienna, 1973
Diploma on Sales Promotion Economic University Vienna, 1973
LLM Columbia University, New York, 1975
Dr. habil of constitutional law University of Vienna, 1986
a.o. Univ. Professor Vienna, 1995
III. Professional activities
a. Judicial activities
Since February 1996 judge at the Human Rights Chamber for Bosnia and Herzegovina established under the Dayton Peace Agreement; appointment by the Committee of Ministers of the Council of Europe; main function: application of the European Convention on Human Rights to the situation in Bosnia and Herzegovina by deciding on individual complaints.
b. Non-judicial legal activities
1973-87: Assistant (later Associate) Professor at the Institute of Constitutional and Administrative Law of Vienna University; academic teacher: Felix Ermacora, former member of the European Commission of Human Rights; during this time six sabbatical years for research and field studies in the US, Latin America, UK, the Netherlands, Africa and at the UN in Geneva.
1987-89: Director of the Netherlands Institute of Human Rights (SIM) at the University of Utrecht.
Since 1989: Professor of Law and Head of the Legal Department at the Austrian Federal Academy of Public Administration in Vienna.
Since 1992: Director of the Ludwig Boltzmann Institute of Human Rights (BIM) at the University of Vienna.
c. Non-legal professional activities
Research work in the field of political science, in particular development co-operation, and membership in the board of various organisations active in this field.
IV. Activities and experience in the field of human rights
For more than 20 years specialised in the field of human rights as researcher, academic teacher, human rights expert for the Austrian Government, the UN, OSCE and Council of Europe, director of two well-known interdisciplinary human rights institutes and documentation centres, member of the board of various Austrian and international human rights NGOs, editor of human rights journals, member of human rights field missions, etc. For my teaching experience at more than 30 universities and other academic institutions I was awarded the 1994 Unesco Prize for the Teaching of Human Rights.
For the co-ordination of NGO parallel events during the 1993 UN World Conference on Human Rights in Vienna, and for various research projects, above all on ethnic cleansing in Bosnia and Herzegovina, the Boltzmann Institute of Human Rights received the 1995 Bruno Kreisky Human Rights Prize.
For more detailed information on my human rights activities, see under III, V, VI and VII.
V. Public activities
1986-93: Member of the Austrian Government delegation to the UN Commission on Human Rights
Since 1993: Expert member of the UN Working Group on Involuntary and Enforced Disappearances
1994-97: UN expert in charge of the Special Process on Missing Persons in the former Yugoslavia
Since 1996: Judge at the Human Rights Chamber for Bosnia and Herzegovina
Since 1995: Member of the International Commission of Jurists
Since 1991: Member of the Austrian Commission of Jurists
Since 1995: Member of the Austrian Commission Iustitia et Pax
VI. Other activities
Member of the Executive or Advisory Committee of Austrian and International NGOs in the field of human rights and development co-operation, eg Association pour la prevention de la torture, Service international pour les droits de l'homme, World University Service, HURIDOCS, Austrian League for Human Rights, Austrian Society for the Prevention of Torture, Austrian Helsinki Committee, Austrian North-South Institute, Austrian Information Service for Development Co-operation.
Member of the Editorial Board of Human Rights journals, eg Netherlands Quarterly of Human Rights, All-European Human Rights Yearbook, Austrian Review of International and European Law, International Journal on Group Rights.
Member of human rights fact-finding and needs assessment missions, eg Brazil, Suriname, Tibet, ex-Yugoslavia, Albania, Uganda and Bhutan.
VII. Publications and other works
Author of more than 250 publications in the fields of constitutional, administrative and international law, human rights and development studies including the following books in the field of human rights:
Die Europäische Menschenrechts onvention in der Rechtsprechung der österreichischen Höchstgerichte (edited together with Felix Ermacora and Hannes Tretter), Vienna 1983, 732 pages.
Politische Grundrechte, Vienna 1988, 585 pages.
Progress in the Spirit of Human Rights — Festschrift für Felix Ermacora (edited together with Dorothea Steurer and Hannes Tretter), Kehl am Rhein/Strasbourg/Arlington 1988, 699 pages.
Die Schweiz und die UNO-Menschenrechtspa te — La Suisse et les Pactes des Nations Unies relatif aux Droits de l'Homme (together with Walter kälin und Giorgio Malinverni), Basel/Frankfurt 1991, 253 pages, 2nd edition 1997.
Perspectives of an All European System of Human Rights Protection (edited together with Zdzislaw Kedzia and Anna Korula), Kehl/Strasbourg/Arlington 1991, 353 pages.
Menschenrechte — Grundrechte, Ihre Bedeutung für die Politische Bildung (together with Raoul Kneucker and Hannes Tretter), Vienna 1993, 343 pages.
Monitoring Human Rights in Europe (edited together with Arie Bloed, Liselotte Leicht and Allan Rosas), Dordrecht 1993, 338 pages.
UN Covenant on Civil and Political Rights, CCPR Commentary, Kehl/Strasbourg/Arlington 1993, 947 pages.
International Human Rights, Documents and Introductory Notes (together with Felix Ermacora and Hannes Tretter), Vienna 1993, 343 pages.
Europrat und Menschenrechte (ed), Vienna 1994, 204 pages.
World Conference on Human Rights — The Contribution of NGOs, Reports and Documents (ed), Vienna 1994, 298 pages.
VIII. Languages
Mother tongue: German
Official languages:
English: fluent in speaking, reading and writing
French: good passive and satisfactory active knowledge
Other languages:
Dutch: fluent in speaking and reading, good in writing
Spanish: satisfactory passive knowledge, while active knowledge needs to be refreshed
IX. Other relevant information
I have been specialising for more than 20 years in the European Convention on Human Rights as an academic teacher and researcher; as legal adviser to numerous individual applicants involving the European Convention in proceedings before the Strasbourg organs, Austrian and Dutch courts; and more recently as a judge at the Human Rights Chamber for Bosnia and Herzegovina. I would feel deeply honoured if elected and, thereby, permitted to use this rich theoretical and practical experience as a member of the Single European Court of Human Rights.
BELGIUM
Permanent Representation of Belgium Mr Leonard G. Davies
to the Council of Europe Secretary of the Committee
of Ministers
The Ambassador Council of Europe
Strasbourg, 14 November 1997
Dear Mr Davies,
Election of the judges of the new permanent Court of Human Rights
With reference to the letter of the Secretary General of 6 October 1997 and the informal procedure decided upon by the Committee of Ministers, I have pleasure in sending you the following list in alphabetical order of the candidates nominated by the Belgian Government for the election of judges to the new European Court of Human Rights:
Mr Jean-Claude Geus, judge of the Supreme Administrative Court (Conseil d'Etat)
Mrs Françoise Tulkens, professor at the Université Catholique de Louvain
Mr Walter Van Gerven, professor at the Katholieke Universiteit Leuven
The CVs will be sent to you as soon as I will get them.
Yours sincerely,
(signed) Fernand Van Brusselen
Jean-Claude Geus
I. Personal details
Sex: Male
Born on 7 February 1946 in Uccle (Belgium)
Belgian nationality
II. Education and academic and other qualifications
Primary education at Ecole communale Eugène Flagey, Ixelles
Secondary education at Athénée royal, Ixelles
Doctor of law degree, Université Libre de Bruxelles
First year of the special diploma in economic law, Université Libre de Bruxelles
III. Professional activities
a. Judicial activities
Divisional President, Conseil d'Etat (judge of Conseil d'Etat since 1976)
b. Non-judicial legal activities
Pupil advocate (1971)
Civil servant at Ministry of Finance (1972 to 1976)
Lecturer, Law Faculty of the Université Libre de Bruxelles (1978 to 1990): administrative law, advanced administrative law, economic administrative law, advanced case studies in contentious administrative proceedings
Senior lecturer, Institut supérieur Lucien Cooremans (1985 to 1990): contentious administrative proceedings and law of the Communities and Regions
c. Professional activities related to judicial activities
President of the Report Committee of the Conseil d'Etat
Member of the Personnel Committee of the Conseil d'Etat
IV. Activities and experience in the field of human rights
Member of the European Commission of Human Rights, elected in 1990, re-elected in 1996
Vice-president of the Second Chamber of the European Commission of Human Rights, elected in 1996
From 1 January 1998: President of the Second Chamber of the European Commission of Human Rights and First Vice-President of the Commission
Delegate of the Commission in connection with consideration of the accession of Andorra to the Council of Europe
Delegate of the Commission at the colloquy organised by the Council of Europe and the United Nations High Commissioner for Refugees in Strasbourg in 1995 on the protection of refugees under the Geneva Convention and the Convention for the Protection of Human Rights
V. Public activities
Seconded to private office of Minister for Institutional Reforms (1980), then deputy head of private office of same Minister (1981)
Legal adviser to the President of the French-speaking Community (1982-84)
VI. Other activities
President of the Appeals Board of the Francophone Volleyball Association
Member of the Appeals Board of the Belgian Volleyball Federation
Member of the Arbitration Board of the Belgian Olympic and Interfederal Committee
VII. Publications
(For obvious deontological reasons, it is extremely difficult for the President of a Division of the Conseil d'Etat and a member of the European Commission of Human Rights to publish critical commentaries on the subjects he is most interested in, namely human rights and contentious administrative proceedings)
Les aspects juridiques de l'implantation du chauffage urbain en Wallonie (publication de la Société de développement régional de Wallonie)
Le Conseil d'Etat (avec C. Lambotte), in Répertoire notarial.
Le respect des droits de la défense en matière disciplinaire: évolutions récentes du contrôle exercé par le Conseil d'Etat (Administration publique, trimestriel, 2/1989)
La suspension préventive avec privation de traitement est-elle contraire à la Convention européenne des droits de l'homme? (Revue trimestrielle des droits de l'homme, 1991/224).
La protection du droit au respect de la vie privée, de la vie familiale, du domicile et de la correspondance (Jurisprudencia del Tribunal europeo de derechos humanos, Departamento de Justicia, Gobierno Vasco, 1992)
La liberté d'expression, pilier d'une société démocratique: droits et devoirs (Jurisprudencia del Tribunal europeo de derechos humanos, Departamento de Justicia, Gobierno Vasco, 1994)
Le protocole 11 à la Convention européenne des droits de l’Homme: la grande illusion? (Bulletin des droits de l'Homme, December 1994)
L'administration et le respect des droits de l'Homme in L'administration en sept questions, Bruylant, 1996
VIII. Languages
Mother tongue: French
Official languages:
English: excellent passive knowledge
French: mother tongue
Other languages:
Dutch (language used frequently for studying files submitted to the Commission)
IX. Other relevant information
Member of the Scientific Committee of the Journal des Tribunaux-Droit européen
Françoise Tulkens
I. Personal details
Born in Brussels (Belgium) on 12 September 1942
Belgian nationality
II. Education and academic and other qualifications
Academic qualifications
1965: Doctor of law degree
1965: Special diploma in criminology
1976: Declaration of fitness (agrégation) to teach in higher education
Research
1968-69: researcher at Institute for Advanced Legal Studies (University of London)
1969-70: Visiting Scholar at Columbia University Law School and Criminal Law Education and Research Center, New York University Law School
III. Professional activities
a. Judicial activities
1965-71: Advocate, Brussels Bar
b. Non-judicial legal activities
My activities have been in the field of education and research in criminal law
Previous activities
1966-68: Lecturer, Law Faculty, Université catholique de Louvain (UCL)
1967-68: Lecturer, Facultés universitaires Saint-Louis, Brussels (Foundations of law)
1968-72: Junior researcher, Fonds national de la recherche scientifique (FNRS — the National Institute for Scientific Research)
1972-76: Researcher, FNRS
1976-85: Senior lecturer, Université Catholique de Louvain (UCL)
1985-91: Professor, UCL
Current activities
Senior professor, Law Faculty, UCL
Courses taught: General Criminal Law, Special Criminal Law, Comparative Criminal Law and Criminal Procedure, Introduction to Criminal Law and Criminology, Protection of Juveniles
Visiting professor at the school of criminology of the Universities of Montreal and Ottawa (1990), Paul Hebett Law School, Louisiana State University (Baton Rouge, USA) (1992 and 1996), Law Faculty of the University of Geneva (1994 and 1995), Law Faculty of the University of Ottawa (1996), Law Faculty of the University of Rennes (1997), Law Faculty of the University of Paris (Panthéon-Sorbonne) (1997)
Jean Monet lectures (1997)
Member of the examination boards for the degree of doctor of law at the Katholieke Universiteit Leuven, the University of Paris I, the University of Montpellier, the University of Poitiers and the University of Paris VIII
Researcher at the Max-Planck-Institut für ausländisches und internationales Strafrecht (Freiburg-im-Breisgau, Germany) (1991-92)
Leader of the following research projects: history of criminal and penal theories and institutions in Belgium in the 19th and 20th centuries (1982-84), historical and comparative study of legislative policies for the protection of juveniles in Quebec and Belgium (1982-83), the judicial duties of municipal police forces (1988-90), reform of the Criminal Code in Belgian law and comparative law, international police co-operation (1991-93), police co-operation between the Netherlands and Belgium (1993), immigration and the criminal justice system (1991-94), identity checks, searches and administrative arrests (1993-94), the State prosecution service (aspects of general legal theory and comparative criminal law) (1995-99), the rights of minors (1996-2001)
IV. Activities and experience in the field of human rights
In addition to the substantial proportion of my teaching work on criminal law which is devoted to human rights, the subject of human rights (from an interdisciplinary perspective) was chosen as the theme of an Erasmus seminar (1994-95) and I gave a course on this question at the University of Ottawa. I am at present a member of a working group preparing the introduction of a postgraduate course on human rights at the UCL.
Research in the human rights field, particularly in connection with the seminars of the criminal science section of the Institut du droit comparé, Paris (see under Publications)
Editor of the human rights news section of the Revue international de droit pénal
Expert on the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (periodic visits: France, 5-18 October 1996; Netherlands 16-28 November 1997)
Administrator (1994) and President (1996) of the Ligue des droits de l'homme (French-speaking Community of Belgium)
V. Public activities
None
VI. Other activities
Study centres and working parties
President of the Legal Committee of the Federation of Foster-home Placement Services (1985-89)
Associate researcher at the Interdisciplinary Seminar on Legal Studies (Facultés Universitaires Saint-Louis, Brussels) (1987)
Vice-President of the Centre for Study of the application of Community law in criminal and financial matters (1990-95)
Chairwoman of the scientific committee of the think tank on "Crime, administrative police and the administration of criminal justice" (Prime Minister's Office ─ Scientific Policy Programming) (1990-94)
Member of the Community Youth Welfare Policy Council (1992-95, 1995-98)
Chairwoman of the scientific committee of the European Normativity Research Group (1993, CNRS, Paris)
Deputy Secretary General of the International Association of Penal Law (1994)
Scientific periodicals and collections
Member of the editorial board of Revue de droit pénal et de criminologie (Brussels) (1975)
Member of the scientific council of Annales de Droit (Louvain-la-Neuve) (1986)
Scientific co-director of Déviance et Société (Geneva) (1987-91)
Member of the editorial board of Archives de politique criminelle (Paris) (1988)
Member of the international committee of Criminologie (Université de Montréal) (1991)
Member of the editorial board of the International Review of Penal Law (1991)
Co-chair (with M. van de Kerchove) of the editorial board of Déviance et Société (1993)
Corresponding member of the Revue de science criminelle et de droit pénal comparé (Paris) (1993)
Member of the editorial board of the collection Déviance et contrôle social (Paris) (1994)
Editor of the International Review of Penal Law (1994)
Consultancies and work as an expert
Member of the working party set up by the President of the French-speaking Community to draw up the decree on youth welfare policy (1988-90)
Expert invited to the Council of Europe's Xth Criminological Colloquium on "Young adult offenders" (1991)
Co-opted member of the National Committee for the reform of legislation on the protection of juveniles (Ministry of Justice) (1991, 1993)
Member of the scientific council of the Public Institutions for the Protection of Juveniles, French-speaking Community, Protection of Juveniles Service (1991-92)
Expert invited to the Council of Europe's Twentieth Criminological Research Conference on "Psychosocial interventions in the criminal justice system" (1993)
Expert to the Parliamentary Commission of Inquiry on trafficking in human beings (1993-94)
Consultancy for the EEC's inspectorate (General Secretariat): La corruption en droit belge ("Corruption in Belgian law") (research report, March-April 1994)
Report for the Parliamentary Assembly of the Council of Europe (Social, Health and Family Affairs Committee) on "The social and family effects of detention" (December 1995)
Member of the National Committee for the Prevention of the Sexual Exploitation of Children (Ministry of Justice, October 1996-October 1997)
Expert to the Parliamentary Commission of Inquiry into the way the police and judicial investigations in the Dutroux, Nihoul and Others case were conducted (October 1996-May 1997)
Member of the Committee on the professional ethics of youth welfare work (Ministry of Social Affairs of the French-speaking Community) (1997)
VII. Publications (twelve most important mentioned)
Books written
Author and co-author of 5 books
Fr. TULKENS and M. van de KERCHOVE, Introduction au droit pénal. Aspects juridiques et criminologiques, Brussels, E. Story-Scientia, 3e édition revue et mise à jour, 1997 (552 pages)
Books edited
Editor and co-editor of 7 books
La justice pénale et l'Europe sous la direction de Fr. Tulkens et H. Bosly, Bruxelles, Bruylant, 1966
Joint publications
Author of 46 contributions to joint publications
Fr. TULKENS, L'envers des droits de l'homme : les restrictions nécessaires dans une société démocratique. Le cas de la Belgique, in Raisonner la raison d'Etat. Vers une Europe des Droits de l'Homme, sous la direction de M. Delmas-Marty, Paris, PUF, 1989, pp. 151-172; trad. angl.: International protection versus National restrictions. Belgium in M. Delmas-Marty (ed.), The European Convention for the protection of Human Rights, Deventer, Martinus Nijhoff, 1992, pp. 105-120
Fr. TULKENS, Les coups et blessures volontaires : approche historique et critique, in Acteur social et délinquance. Une grille de lecture du système de justice pénale, Brussels, P. Mardaga, 1990, pp. 165-191
Fr. TULKENS, Le temps des réformes en Europe : les grandes lignes de comparaison entre les systèmes nationaux, in Procès pénal et droits de l'homme. Vers une conscience européenne, sous la direction de M. Delmas-Marty, Paris, P.U.F., 1992, pp. 33-46; trad. angl.: Criminal Procedure: Main comparable Features of the National Systems, in The Criminal Process and Human Rights. Towards an European Consciousmess, edited by M. Delmas-Marty, Dordrecht-Boston-London, Martinus Nijhoff Publishers, 1995, pp. 5-15
Fr. TULKENS, Les transformations du droit pénal aux Etats-Unis. Pour un autre modèle de justice, in Nouveaux itinéraires en droit. En hommage à François Rigaux, Brussels, Bruylant, 1993, pp. 461-493
Fr. TULKENS, Vers une justice pénale européenne? in Justice et affaires intérieures. L'Union européenne et la Suisse, sous la direction de R. Bieber, A.C. Lyon et J. Mölnar, Bern, Staempfli éditions, 1997, pp. 65-15
Articles
Author of 58 articles
Fr. TULKENS, Egalité et discrimination en droit pénal belge, Revue internationale de droit pénal, (Paris), 1986, pp. 63-88
Fr. TULKENS, La tragédie du Heysel : les responsabilités. Le débat sur le plan juridique, Revue interdisciplinaire d'études juridiques (numéro spécial), 1988, pp. 71-141
Fr. TULKENS, Des peines sans droit, Journal des tribunaux, 1988, pp. 577-583
Fr. TULKENS (en coll. avec J. Trépanier), Juvenile justice in Belgium and Canada at the beginning of the century. Two models or one?, International Journal of Children's Rights, 1993, 1, pp. 189-211
Fr. TULKENS (en coll. avec M. Van de Kerchove), La justice pénale : justice imposée, justice participative, justice consensuelle ou justice négociée ?, Revue de droit pénal et de criminologie, 1996, pp. 445-494
Working papers (3) and observations (4)
Chronicles of criminal legislation (8) and case-law (12)
Collection of statutes (1)
VIII. Languages
Mother tongue: French
Official languages:
English: good reading knowledge; average for speaking and writing
Other languages:
Dutch: good reading knowledge; average for speaking and writing
IX. Other relevant information
A concern for women and their cause requires the presence of more women in the places where the conditions for free and responsible citizenship are conceived and created
Walter Van Gerven
I. Personal details
Sex: Male
Born at Sint-Niklaas on 11 May 1935
Belgian nationality
II. Education and academic and other qualifications
Special diploma in Thomist philosophy (K.U.Leuven, with distinction, 1955)
Bachelor's degree in applied economics
First examination (K.U.Leuven, with great distinction, 1956)
Doctor of law degree and bachelor's degree in notarial practice (K.U.Leuven, both with the highest distinction, 1957)
Declaration of fitness (agrégation) to teach law in higher education (K.U.Leuven, 1962, thesis subject: "Bewindsbevoegdheid" (administrative jurisdiction)
III. Professional activities
a. Judicial activities
Advocate General at the Court of Justice of the European Communities, 1988-94
Senior Advocate General, 1989-90
b. Other legal activities
Senior Lecturer (1962-67), Senior Professor (1967-82), Visiting Professor (1982 to present), Law Faculty, K.U.Leuven
Teaching Fellow (1959-60) and Visiting Professor of Law (1967-68), University of Chicago
Visiting Professor at G.U. Amsterdam (1981-86)
Professor Ius Commune, R.U. Maastricht (1984 to present)
Advocate practising in Brussels (founder member of the partnership of De Bandt and Van Gerven, now De Bandt, van Hecke, Lagae) (1970-80) and Louvain (1980-82)
c. Other professional activities
Vice-Rector, Human Sciences, K.U.Leuven (1970-76), Chairman of the Human Sciences Group (1981-82) and in that capacity member of the Governing Body, the Academic Council and the Bureau of K.U.Leuven
Chairman of the Banking Committee (1982-88) and in that capacity member of the Belgium and Luxembourg Foreign Exchange Institute, the Financial High Council and the EEC's Banking Advisory Committee
Member of the board of directors of Janssen Pharmaceutica (1975-82) and the Banque Bruxelles Lambert (1975-82)
IV. Activities and experience in the field of human rights
I have submitted opinions as Advocate General at the Court of Justice on equality of treatment between men and women (among others, in the Barber and ten Oever cases) and on fundamental rights and freedoms (among others, in the Hansen case, concerning the principle "nulla poena sine lege", the Grogan case, concerning the right to life, the Marshall case, concerning access to justice, and the Gourmetterie case, concerning the principle of proportionality).
I have written about ten articles about the principle of equal treatment, the principle of proportionality in the case-law of the two European Courts and the direct effect of fundamental rights in public and private law.
General Editor of "Casebooks for a Common law of Europe" and author of the book "Scope of Protection of Tort law at the national, supranational (EU and ECHR) and international level", to be published shortly by Hart Publishing, Oxford.
V. Public activities
See above, III c.
VI. Other activities
Member of the Belgian Royal Academy of Science, Literature and Fine Art (since 1977), Director of the Literature Class and President of the Academy (1991). Since 1985 foreign member of the Koninklijke Nederlandse Academie voor Wetenschappen (Royal Dutch Academy of Sciences). Since 1988 Member of the European Academy of Sciences.
Lectured as visiting professor (during the last three years) in Belgium (UCL, ULB, KUB), the Federal Republic of Germany, (Bremen, Bonn, Berlin, Rostock), France (Paris II), the United Kingdom (Birmingham, Cambridge, Durham, King's College, Nottingham, Oxford, University College London), Hungary (Budapest), Italy (Florence), the Netherlands (Utrecht, Nijmegen, Maastricht), Austria (Vienna), the United States (Harvard, Fordham) and Sweden (Lund, Stockholm).
Delivered Franqui lectures at ULB (1990-91). Selected to deliver the Rector Dhanis lectures at UIA (1991). Chairman of the board for the assessment of scientific work in all fields of law undertaken at Dutch universities (1996).
VII. Publications
217 publications between 1957 and the present, with six in press, including about thirty in French and another thirty in English, concerning questions of private, public, Belgian and European law. These include about ten books.
Most important publications
Beginselen van Belgisch Privaatrecht, Algemeen Deel 1968, 519 p
Het beleid van de rechter, 1973, 16 p., traduit en français sous le titre La politique du Juge
De taak van de rechter in een West-Europese democratie, rede voor de Nederlandse magistratenschool, 1977, 26 p
Contribution de l'arrêt Defrenne au développement du droit communautaire, Cah. dr. eur. 1977, p. 131-143
Het rechterlijk besluitvormingsproces en de eenmaking van Europa, Mededeling Koninklijke Academie Wetenschappen, 1979, 22 p
Hoe blauw is het bloed van de prins? De overheid in het verbintenissenrecht, 1984, 89 p
Algemene Beginselen van behoorlijk bestuur in de administratieve praktijk van de Bakcommissie, T.B.P.R., 1980, p. 323-344
Met recht en rede, 1987, 240 p., Standaard "Book of the Year", 1988
Ontluikend leven, groeiend recht. Recht en Medisch begeleide bevruchting. Rector Dhanis lectures 1991, p. 161-199
Principe de proportionnalité, abus de droits et droits fondamentaux, J.T. 1992, p. 309-314
Bridging the unbridgeable. Community and national tort laws after Francovich and Brasserie, International and Comparative Law Quarterly 1996, p. 307-544
Creatieve rechtspraak, R.W. 1997-98, p. 209-223
VIII. Languages
Mother tongue: Dutch (speaking, reading and writing)
Official languages:
English: very good knowledge (speaking, reading and writing)
French: very good knowledge (speaking, reading and writing)
Other languages:
German: good reading knowledge; fairly good for speaking and writing
IX. Other relevant information
Granted hereditary baronetcy by royal decree of 18 July 1991
Commander of the Order of Leopold
BULGARIA
Permanent Representation of
Bulgaria to the Council of Europe
Strasbourg 14 November 1997
Dear Mr Secretary General,
In reply to your letters of 23 September and 6 October 1997, I have the honour to send you the list of the candidates nominated by the Bulgarian authorities for the election of judges to the new European Court of Human Rights. They are, in order of priority:
Mrs Snezhana Damyanova Botusharova-Doicheva,
Mr Sylvi Vassilev Tchernev,
Mrs Jasmine Nikolova Popova.
I would be grateful if you would distribute this list and the candidates' attached curricula vitae for consideration during the informal procedure decided upon by the Committee of Ministers on 28 May 1997.
...
(signed) Svetlozar Raev
Ambassador
Mr Daniel Tarschys
Secretary General
Council of Europe
F 67075 Strasbourg Cedex
Snezhana Damyanova Botusharova-Doicheva
Born on 20 September 1955 in Sofia, Bulgaria
Education:
1974: Graduated from the English Language School in Sofia.
1978: MA (Law), graduated from the Faculty of Law of the Kliment Ohridski University in Sofia.
1978: MA in International Relations from the Kliment Ohridski University in Sofia.
1984: Doctor of Law, Lomonosov University, Moscow, Thesis: "Information Support of the Legislative Activity".
1989: Earned a competitive eight-month fellowship at the Universidad Autonoma de Mexico, Mexico City, research topic local self-government.
1990-91: Nato Research Fellow. Research paper "Study on the Law-Making Policy and the Legislative Activities of Parliament".
Professional career:
1979-80: Junior Judge, Sofia City Court.
1980-84: Attorney at Law in Sofia.
1984: Senior Assistant Professor of Constitutional Law at the Faculty of Law of Kliment Ohridski University in Sofia.
1987: Chief Assistant Professor.
1990: Legal expert of the Union of Democratic Forces (UDF).
1990-91: MP (UDF), Seventh Grand National Assembly. Deputy Chairwoman of the Procedures Committee of the Grand National Assembly, member of the Constitutional and Legislative Committees.
1991-94: MP (UDF), 36th National Assembly. Deputy Chairwoman of the National Assembly.
1991-94: Member of the European Commission for Democracy through Law of the Council of Europe (the Venice Commission).
1992-94: Visiting professor in Constitutional Law and Municipal Law at Neofit Rilski University in Blagoevgrad and the New Bulgarian University in Sofia.
1992: Member of the Advisory Board of the Foundation for a Civil Society (the former Charter 77).
1994: Associate Professor of Constitutional Law of the Republic of Bulgaria, Neofit Rilski University in Blagoevgrad.
1994: Ambassador Extraordinary and Plenipotentiary of the Republic of Bulgaria in the United States.
Foreign languages:
English, Spanish, French and Russian.
Legislative activity:
Participation in the drafting of the new Constitution as well as of the legal basis for Bulgaria's transition to democracy and market economy.
Major publications and papers:
Constitutional Law, Volume I, 1994, Monograph.
The System of Public Institutions in the Republic of Bulgaria, 1994, Monograph.
Constitutional Foundations of the Economic System during the Post-totalitarian period in the Republic of Bulgaria, Report, Workshop of the European Commission for Democracy through Law, October 1993, Sofia.
Constitutional and Legal Foundations of the post-communist period in the Republic of Bulgaria, Quaderni Constituzionali a. XII, n. 3, December 1992, Italy.
Ethnic, Religious and Linguistic Minorities and Groups in the Republic of Bulgaria, University of Oviedo, Spain, 1992.
Comments on the draft constitution of Ukraine, 1993, the Russian Federation, 1993, and Moldova, 1993, for the European Commission for Democracy through Law, Council of Europe.
Married to Mr Arso Doichev, Dipl. Eng.; one son.
Silvy Vassilev Chernev
Personal details:
Date of birth: 8 June 1952
Nationality: Bulgarian
Education:
1966-71: English Language High School in Sofia, Bulgaria: Diploma of secondary education: excellent; Certificate of professional qualification; English language correspondence, typing and shorthand.
1973-77: Sofia University, Faculty of Law: Qualification: Lawyer, corresponding to ML (Master of Law) of British Universities and JD (juridical doctor) of American universities.
February 1978-February 1979: Apprentic Judge at Sofia City Court: theoretical and practical examination: admitted to practice of the legal profession in Bulgaria.
March 1982-March 1985: Post-graduate work in court law and civil procedure at the Bulgarian Academy of Sciences: degree obtained equivalent to Ph.D.
Experience:
July 1979-January 1982: Legal adviser to the Minister of Chemical Industry and Arbitrator at the State Court of Arbitration at the Ministry of Chemical Industry (work in drafting administrative regulation included).
1983-91: Assistant professor in court law and civil procedure in Sofia University, Faculty of Law.
1988-92: Research fellow in court law and civil procedure at the State and Law Institute at the Bulgarian Academy of Sciences.
1990-91: Senior legal advisor to the Legislation Committee of the Grand National Assembly of Bulgaria.
Since 1992:
Private attorney, Sofia Bar, partner in Chernev, Komitova & Partners — law firm based in Sofia, Bulgaria.
Professor in civil procedure in Bourgas Free University and Varna Free University.
Arbitrator at the International Court of Arbitration at the Bulgarian Chamber of Commerce and Industry.
Participation in law drafting groups — on law on commerce, pledge registry law, law on NGO, consumer protection law and others.
Other facts of importance:
1989: Visit on an exchange programme to Souther Illinois University (SIUC) at Carbondale, Illinois, USA.
1991-92: Visiting research professor at SIUC.
1989, 1991, 1992, 1993: Guest professor — lectures and participation in panels at SIUC, Carbondale, Illinois, USA. NYCO (New York city University, College of Staten Island), N.Y. USA, Hampshire College, Amherst, Massachusetts, USA
Publications in Bulgarian, Russian and English language in court law and civil procedure and theory of legal reform.
Other skills:
Driving: clean car licence.
Languages:
Bulgarian (native).
English (fluent oral and written),
note: Translator from English into Bulgarian of "The Legal System and American
Democracy", 172 p., 1993.
Russian (fluent oral and written).
French (free use).
Italian (free use).
German (use).
Jasmine Nicolova Popova
Born: 8 November 1948 in Sofia, Bulgaria
Citizenship: Bulgarian
Marital Status: married, 1 son
Education:
1966-71: Bachelor of Law — University of Sofia, Bulgaria.
1972-73: Diplome d'etudes Europeennes (3eme cycle) — Centre Européen Universitaire de Nancy, Legal Department, Nancy, France.
1974-77: Master of International Economic Law, University of Sofia.
1976: Institut des droits de l'homme, Strasbourg, France.
1978: Ph.D. of Law, University of Sofia.
1980-81: Post-Doctorate studies: CREDIMI — Institut de relations internationales, Université de Dijon, France.
Professional experience:
1980-87: Research Fellow, Institute of Law Sciences, Bulgarian Academy of Sciences, Sofia.
1987-89: Senior Research Fellow, Institute of State and Law, Bulgarian Academy of Sciences, Assoc. Professor in Law on Contracts and Transportation Law, University of Sofia.
1990-91: Legal Adviser to the President of the Republic of Bulgaria, Presidency of the Republic of Bulgaria.
1991-95: Ministry of Foreign Affairs — Minister Counsellor, Deputy Head of the Mission of Bulgaria to the European Union, Brussels.
1996-97: Senior Research Fellow, Institute of Law Sciences, Bulgarian Academy of Sciences, Sofia. Professor in European Law, University of Plovdiv.
From February to March 1997: Secretary on European Integration to the Council of Ministers.
Since 1 June 1997: Head of European Integration Department, MFA.
Other activities:
Since 1990: Arbiter, Court of Arbitration, Bulgarian Chamber of Trade and Industry.
Since 1991: Member of Board of Trustees, Open Society Foundation, Sofia.
Since 1995: Member of Board of Trustees, Bulgarian Institute for International Relations.
Since 1996: Member of Board of Trustees, European Movement, Bulgaria. Member of Board of Trustees, Bulgarian European Community Studies Association.
1997: Member of Board of Trustees, Centre for European Studies.
Languages:
Fluent in French, English and Russian.
Publications:
Many publications, including 4 monographs in the field of contract law, transportation law, international trade law and European law in Bulgarian and foreign reviews.
CROATIA
Permanent Representation of the Republic of Croatia to the Council of Europe
The Ambassador
Strasbourg, 12 November 1997
...
All the necessary ratifications having now been made, I have the honour to send you herewith the list of the Croatian candidates for the election of judges to the European Court of Human Rights. In order of priority, they are:
Mr Željko Horvatić, university professor,
Mrs Dubravka Šimonović, Deputy Croatian Consul General, New York,
Mrs Ivana Goranić, Deputy Head, Human Rights Department,
Ministry of Foreign Affairs
The candidates' curricula vitae are enclosed for consideration during the informal procedure established by decision of the Committee of Ministers.
...
(signed) Vladimir Matek
Željko Horvatić
I. Personal details
Sex: male
Date and place of birth: 6 August 1934, Sisak, Croatia
Nationality: Croatian
II. Education and academic and other qualifications
1955: Academy for International Law, The Hague
1956: LLB, Faculty of Law, University of Zagreb
1958: State Judge Exam, Ministry of Justice of Croatia
1963: MA in Criminal Law Science, Faculty of Law, University of Zagreb
1977: Ph.D. in Criminal Law Science, Faculty of Law, University of Zagreb
III. Professional activities:
a. Details of judicial activities
1956-57: Judge Assistant, District Court, Zagreb
1957-59: Judge, District Court, Delnice
1959-63: President of District, Delnice
b. Details of non-judicial legal activities
1963-67: Head of Legal Affairs Department, "Hidrotehna" company for desert melioration in Egypt
1967-77: Counsellor and Inspector, Ministry of Justice of Croatia
1977-87: Professor of Criminal Law and Criminology, Faculty of Law, University of Rijeka
1980-82: Vice-Dean of Faculty of Law, University of Rijeka
1984-86: Dean of Faculty of Law, University of Rijeka
1987-: Professor of Criminal Law and Criminology, Faculty of Law, University of Zagreb
1988-: Head of Department for Criminal Law, Faculty of Law, University of Zagreb
1990-: President of the State Commission for Drafting New Penal Code
1991-93: Dean of Faculty of Law, University of Zagreb
1993-: Representative of Croatia in the Council of Europe (expert in CD-PC, PC-OC, GMC, GMCP et al.)
1993-: Head (1993) and member of the Croatian delegation at annual sessions of Commission for Crime Prevention and Criminal Justice, UN, Vienna
1995-: State Counsellor, Ministry of Justice of Croatia
1996-: President of the Croatian Government Commission for War Crimes
1996-: Head of Croatian delegation at CD-PC, Council of Europe
1996-: Member of the Bureau of GMC, Council of Europe
Guest professor at universities Duke and Yale (USA), Catania and Trieste (Italy), Graz (Austria), Amsterdam and The Hague (Netherlands), Warsaw and Torun (Poland), Freiburg (Germany), Ljubljana (Slovenia), et al.
Participated in over 50 domestic and international conferences as rapporteur, key-note speaker or chairman, among the congresses of the International Association for Penal Law (AIDP) in Hamburg (1978), Cairo (1983) and Vienna (1988). Representative of the National Association for Penal Law in the directory of AIDP.
From 1978 onwards, associate and teacher at the Institute for Higher Studies in Criminal Law, Siracusa, Italy; co-director of international post-graduate courses at Inter-University Centre, Dubrovnik, Croatia; President of the Teachers' Board of Post-graduate Studies in Criminal Law, University of Zagreb.
Teaches also at the Police Academy, Zagreb, Faculty of Medicine, University of Zagreb and Faculty of Law, University of Rijeka.
c. Details of all non-legal professional activities
1986-87: Vice-Rector of University of Rijeka
1993-: President of the Society of Zagreb University Teachers, Scientists and Scholars
1994-: Member and Vice-President of the Steering Board, University of Zagreb
IV. Activities and experience in the field of human rights
1992-: Member of the Council for Peace and Human Rights, Croatian Academy of Science and Art
1993: Head of delegation at the CSCE Human Dimension Implementation Meeting in Warsaw
1993: Rapporteur of NGO Round Table, World Conference on Human Rights, Vienna
1997: Member of the Croatian Government Commission for Adaptation of National Legislation with the European Convention for the Protection of Human Rights and Fundamental Freedoms, co-author of the report attached to the Croatian document of ratification of the Convention
VII. Publications and other works
Author of three books and over 60 scientific articles, published in Croatia and abroad.
Some articles:
"Certain problems in the work of judicial bodies and the ways to their solution, Naša zakonitost (Our legality), No. 3, Zagreb, 1971.
"Organisation and work modalities of courts — one of basic factors for efficient functioning", Naša zakonitost (Our legality), No. 4, Zagreb, 1972.
"Is punishment necessary for crimes of negligence?", Actes du XII Congress de droit penal, Hamburg, 1979.
"Punishment against violence", Quaderni, Instituto superiore internazionale di scienze criminali, Anno II, Vol. II, Siracusa, 1979.
"Diversion and Mediation", Revue International de Droit Penal, No. 2-4, 1982.
"The influence of the political interest on interpretation of political offence exception", Collected papers of International Seminar on Extradition, ISISC, Siracusa, 1993.
"Extraterritorial criminal jurisdiction as an instrument of international co-operation in a struggle against crime", Collected papers of International Conference: New Horizons in International Criminal Law, ISISC, Siracusa, 1984.
"Criminal responsibility of mentally ill delinquents in Anglo-Saxon law", Collected papers of the Faculty of Law No. 6, University of Rijeka, 1985.
"The trial phase and the sentencing", Collected papers of International Seminar: Comparative Criminal Procedure, ISISC, Siracusa, 1985.
"A comparative survey of criminal justice and human rights education in selected legal systems: the Eastern European model", Collected papers of Criminal Justice Education, Reform and Human Rights Protection in the Arab World, ISISC, Siracusa, 1985.
"Quelques reflexion sur la phase decisioire du process et le 'sentencing'", Revue International de droit Penal, No. 3-4, 1986.
"Public information on criminal procedure", Odvjetnik, No. 3-4, Zagreb. 1986.
"Legal prevention of suicide", Collected papers of the Faculty of Law, No. 1, University of Zagreb, 1987.
"Court practice of sentencing for crimes of family violence", Naša zakonitost (Our legality), No. 5, Zagreb, 1988.
"Some remarks on potential human rights violations against hospitalised mentally ill persons", Collected papers of the Faculty of Law, No. 5-6, University of Zagreb, 1989.
VIII. Languages
Mother tongue: Croatian
Official languages:
English — speaking, reading, writing
French — reading
Other languages:
German, Italian, Russian, Slovenian, Macedonian (speaking, reading, writing)
Czech, Slovak, Polish (speaking, reading)
Spanish (reading)
Dubravka Šimonović
I. Personal details
Sex: female
Date and place of birth: 11 August 1959, Zagreb
Nationality: Croatian
II. Education and academic and other qualifications
Elementary and Grammar School in Zagreb
1977-78 enrolled in the Zagreb Faculty of Law; awarded for the best student research paper in the "May Reward" by the University of Zagreb
On 3 March 1982 graduated from the Zagreb Faculty of Law
On 23 December 1984 — bar exam in Zagreb
On 3 May 1991 Master's Degree with the thesis "Legal problems concerning artificial insemination in human procreation", at the Zagreb Faculty of Law
26-30 October 1992, Athens — Social Security Training Course, organised by the Council of Europe
26 November 1991-26 February 1992: Course for Diplomatic and Consular Affairs of the Republic of Croatia
22 March-2 April 1993: Modern Labour Administration Development for Central and Eastern Europe, Cyprus, organised by the International Labour Organisation
1 May-1 June 1993: scholarship by the Austrian Government for the research project "Legislation on Artificial Insemination in the Republic of Austria" at the Institute for Civil Law at Graz
30 September 1993-1 May 1994: stay in USA in New Haven, attended the seminar "Family law and procreation", by Professor J. Katz
9 June-21 July 1995: Course for Diplomatic and Consular Affairs of the Republic of Croatia
Since 23 September 1996: Minister plenipotentiary
On 14 March 1997: Doctorate "Legal regulation of medically assisted procreation" at the Zagreb Faculty of Law
III. Professional activities
a. Judicial activities
From 1982 to 1984: volunteered as law clerk at the Zagreb Municipal Court and the Zagreb District Court
b. Non-judicial activities
From 1982 to 1986: Legal Representative of the "Tempo" Enterprise before courts — from law clerk to main legal representative
June 1986-October 1987: Co-ordinator for Legal Affairs (contracts) at the "Univerzijada 87"
July 1988-September 1992: Head of General Administrative Services of the "Vuk Vrhovec" Institute
16 September 1992-30 September 1993 and 1 May 1994-June 1994: Adviser to the Deputy Prime Minister in the Government of the Republic of Croatia
1 June 1994-31 December 1996: Head of Department for Human Rights, Ministry of Foreign Affairs, Zagreb
Since 27 January 1995 to date: Adviser to the Minister of Foreign Affairs on Human Rights
Since 1 January 1997 to date: Deputy Consul General in the Consulate General of the Republic of Croatia, New York
c. Non-legal professional activities
1991-96: member of the Ethics Committee of the Faculty of Medicine, University of Zagreb
IV. Activities and experience in the field of human rights
June 1993: delegate to the 80th Conference of the International Labour Organisation in Geneva
During 1992-93: Legal Adviser for the "Programme of protection and help to victims of violence" of the Government of the Republic of Croatia
1 June 1994-31 December 1996: Head of Department for Human Rights, Ministry of Foreign Affairs, Zagreb
5-13 September 1994: delegate to the International Conference on Population and Development, Cairo
2-3 December 1994: participation on the round table of "Evictions in the Republic of Croatia" organised by Croatian Helsinki Committee for Human Rights
Since 27 January 1995: Adviser to the Minister of Foreign Affairs on Human Rights
17-21 October 1994: delegate to the Regional UN/ECE Conference "Women in a changing world — call for action from an ECE perspective", Vienna
9-11 February 1995: delegate to the Conference "Equality and Democracy: Utopia or Challenge?", organised by the Council of Europe, Strasbourg
4-19 March 1995: delegate to 51st Commission on Human Rights, UN, Geneva
7-9 March 1995: delegate of the Republic of Croatia to the UN Committee on Elimination of Racial Discrimination (CERD), Geneva
8-19 April 1995: delegate to 39th Commission on the Status of Women as preparatory committee for the United Nations Fourth World Conference on Women, New York
23-26 May 1995: International Seminar on Tolerance, organised by OSCE/ODHIR and the Council of Europe and Government of Romania, Bucharest
12-13 June 1995: delegate on the Ad Hoc Committee of Experts to exchange views on the United Nations Fourth World Conference on Women, Strasbourg
4-15 September 1995: delegate on the Fourth United Nations World Conference on Women, Beijing
15 December 1995: participation on the round table "Legality of the orders that abolish fundamental human rights", organised by the Croatian Legal Centre
14-15 February 1996: delegate to OSCE meeting "Minimal humanitarian standards", Vienna
22-23 January 1996: delegate at the presentation of the Croatian initial report to UN Committee on the Rights of the Child (CRC), Geneva
18 March-19 April 1996: delegate to the 52nd Commission on Human Rights UN, Geneva
17-18 May 1996: delegate to the European Commission for Democracy through Law (Venice Commission), Venice
10-12 June 1996: participation on UNICEF-ICDC Seminar "Consultation on Europe's contribution to safeguarding children's rights in situation of armed conflict", Florence.
3-10 August 1996: Salzburg Seminar — Session 339, Human Rights: An International Legal Perspective, Salzburg
27-31 August 1996: delegate to the World Congress against Commercial Sexual Exploitation of Children, Stockholm
23-27 September 1996: study visit to the Netherlands to study the equal opportunities policy, organised by the Council of Europe
18-20 October 1997: participation on the round table "Serbs in the Republic of Croatia — yesterday, today and tomorrow", organised by Croatian Helsinki Committee for Human Rights
15-18 December 1996: delegate to the Third Symposium on Bioethics: Medically-assisted Procreation and the Protection of Human Embryos, Strasbourg
17-21 March 1997: delegate to the 53rd Commission on Human Rights UN, Geneva
1995-96: national expert to the Steering Committee on Human Rights (CDDH), Council of Europe, Strasbourg
Since 1996: national expert to the Steering Committee on Bioethics (CDBI), Council of Europe, Strasbourg
From 12 September 1996: co-ordinator of the Working Group on the Examination of Compatibility of the Legislation of the Republic of Croatia with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocols
Delegate on the current 52nd Session of the United Nations General Assembly, statement on 3rd Committee on Agenda Items 105 and 106: Advancement of Woman and Implementation of the outcome of the Fourth World Conference on Women
V. Public activities
1995: member of committee for the preparation of new legislation on medically assisted procreation established in 1995 by the Minister of Health of Croatia
From 9 May 1996: member of Government Committee for Equality
From 6 June 1996: member of National Committee for Human Rights Education
From 6 June 1996: member of Committee on the Rights of the Child
From 1996: member of Board of the Association of Mothers for Tracing Missing Persons
VII. Other activities
From 1 March 1996 to 31 August 1996: Special Service Agreement with the United Nations, work on UNDP Project "Women in Development in CEE and CIS countries"
VII. Publications and other works
Books
Social and Legal Problems of Artificial Insemination, Medicinska naklada, Zagreb 1993, 123 pp.
Medically Assisted Fertilisation: Law and Ethics, Organisator, Zagreb, 1997, 399 pp.
Articles
"Moral and Legal Dilemmas of a Possible Case", Pravnik, Zagreb, 1979, 14/15, Zagreb, pp. 30-41 (co-author I. Šimonović).
"Legal Problems of Artificial Insemination in Human Procreation", Master's Thesis, Faculty of Law, University of Zagreb, 1991.
"Legislation on Artificial Insemination — Basic Considerations", Zakonitost, Zagreb, 1992, 463, pp. 462-474.
"Medical and Legal Regulation of Assisted Procreation in the Republic of Croatia (de lege lata and de lege ferenda)", Zakonitost, Zagreb, 1993, 2/3, pp. 255-266.
"Legal and Ethical Problems of New Technologies used for Medically Assisted Procreation" in the book Gynaecology and Perinatology, 1995, edited by Prof. A. Kurjak.
"United Nations and Human Rights", Croatia and the United Nations, Organisator, Zagreb, 1996, 143-149.
"United Nations and the Status of Women", Croatia and the United Nations, Organisator, Zagreb, 1996, 251-265.
"Rechtstaatlichkeit in Kroatien", in Hoffmann et al. (ed.) Rechtstaatlichkeit in Europa, F C Mueller, Wien, 1996, 281-294 (co-author I Šimonović).
Translations into Croatian
"European Convention for the Protection of Human Rights and Fundamental Freedoms" (with Dr J. Kregar).
"Short Guide to the European Convention on Human Rights" (with Dr J. Kregar).
VIII. Languages
Mother tongue: Croatian
Official languages:
English: fluently speaking, reading and writing
Other languages:
German: reading
IX. Other information
Married; two children: daughter Tena (16); son Ivan (13)
Ivana Goranić
I. Personal details
Sex: female
Date and place of birth: 25 February 1959, Zagreb
Nationality: Croatian
II. Education and academic and other qualifications
School:
1973-77: Zagreb Grammar School
University:
1977-83: Faculty of Law, University of Zagreb
Post-university:
1990-91: Professional examination for Judges, Sarajevo (Bosnia and Herzegovina)
1996-97: Diplomatic Academy, Ministry of Foreign Affairs, Zagreb, Croatia
III. Professional activities
a. Judicial activities
September 1988 to December 1992: Municipal Court, Sarajevo, Bosnia and Herzegovina Adviser (1988 to 1991): Criminal Law and Juvenile Delinquency (during the war dealing with heritage cases)
b. Non-judicial legal activities
October 1996 to present: Ministry of Foreign Affairs, Republic of Croatia, Deputy Head of Human Rights Department
September 1995 to October 1996: Ministry of Justice, Republic of Croatia, Head of Department for International Co-operation
March 1994 to September 1995: Ministry of Justice, Republic of Croatia, Legal Adviser — International Law Department
February 1993 to March 1994: "Jordanovac" Clinical Hospital, Zagreb, Head of Legal and Personnel Department
June 1987 to June 1988: Sarajevo Airport, Bosnia and Herzegovina, Legal Adviser — Commercial and Legal Department
IV. Activities and experience in the field of human rights
Participation in Council of Europe programmes
Strasbourg, France, September 1997: DH-DEV session
Strasbourg, France, June 1997: Promoting Equality Seminar
Strasbourg, France, June 1997: Steering Committee for Human Rights (CDDH) session
Strasbourg, France, April 1997: DH-DEV session
Strasbourg, France, January 1997: Committee of Experts for the Development of Human Rights (DH-DEV)
Strasbourg, France, December 1996: Training seminar for lawyers on Article 10 of the European Convention on Human Rights
Taormina, Sicily, November 1996: Seminar — "Serious crime and the requirement of respect for human rights in European democracies"
Zagreb, Croatia, June 1996: Seminar — "European law"
Zagreb, Croatia, May 1996: Seminar — "European Convention on Human Rights"
Strasbourg, France, May 1996: Seminar — "Parties in trial proceedings"
Strasbourg, France, May 1996: Multilateral meeting — "Ethic and professional obligations of judges and prosecutors"
Strasbourg, France, April 1996: Conference — "Corruption"
Strasbourg, France, February 1996: Conference — "Facilitating international co-operation in combating crime"
Strasbourg, France, November 1995: Conference — "Combating crime"
Prague, Czech Republic, November 1995: Convention — "The role of government agents"
Strasbourg, France, October 1995: Study Visit — The European Court of Human Rights (7 days)
Strasbourg, France, July 1995: 26th Session — International Institute for Human Rights (1 month)
Strasbourg, France, June 1995: UNI-DEM Seminar — "Referendum"
Istria, Croatia, June 1995: Seminar — Council of Europe's "Transfrontier co-operation"
Strasbourg, France, November 1994: Study visit — The Council of Europe (7 days)
Organisation of Council of Europe programmes
Personally organised:
Dubrovnik, Croatia, September 1997: Meeting on compatibility of Croatia legislation with European Convention on Human Rights (Council of Europe and Croatian experts)
Zagreb, Croatia, April 1997: Seminar — "The role of governmental agent"
Zagreb, Croatia, 1996: Seminar — "Organisation of the court system"
Zagreb, Croatia, 1995: Seminar — "Reform of criminal law"
Membership of national working groups/commissions
National Working Group for establishing a provisional court for human rights in Croatia
Working Group for the drafting of the law on co-operation of the Republic of Croatia with the International Tribunal for War Crimes in The Hague
National Working Group for the compatibility of Croatian legislation with the European Convention on Human Rights (ECHR) and additional protocols, and member of the group finalising the report
Governmental Commission for Equality
Governmental Commission for the Rights of the Child (from January 1997)
Governmental Commission for Human Rights (during 1996)
V. Public activities
No public activities
VI. Other activities
No other activities
VII. Published articles
"European Convention on Exercising the Rights of the Child" (Law Association Bulletin).
"The independence, efficiency and role of judge according to Recommendation No. R (94)", Council of Europe (Law Association Bulletin).
"Freedom of expression — Art. 10 ECHR" (accepted and envisaged to be published in February 1998).
"Council of Europe" (Economy and Law Bulletin).
"Changing role of the European borders and the importance of transfrontier co-operation" (Croatian International Review, July-December 1997).
"Ratification of European Convention — what does it mean for Croatia?" (Informator, Lawyers Bulletin, November 1997).
VIII. Languages
Mother tongue: Croatian
Official languages:
English (fluent), French (reading)
Other languages:
German
IX. Other information
Divorced, two children
CYPRUS
Permanent Representation of the Republic of Cyprus
to the Council of Europe
The Ambassador
Strasbourg, 19 November 1997
Dear Secretary General,
Re: Election of judges for the new European Court of Human Rights
With reference to your letter of 23 September 1997 and 6 October 1997 I would like to inform you that the Government of Cyprus has selected the following candidates for the election of judges to the new European Court of Human Rights. The names of the candidates appear in order of preference.
1. Mr Loukis Loukaides
Deputy Attorney General of the Republic of Cyprus and Member of the European Commission of Human Rights
2. Mr Christos Clerides
Lawyer
3. Mr Costas Indianos
Lawyer
Standardised curricula vitae of the above candidates are attached to this letter.
Please accept, dear Sir, the assurance of my highest consideration.
Thalia Fr. Petrides
Ambassador/Permanent Representative
Loukis Loucaides
I. Personal details
Sex: male
Date and place of birth: 3 October 1937, Cyprus
Nationality: Cypriot
II. Education and academic and other qualifications
Six years secondary education at Gymnasium in Cyprus (Graduation, 1955)
Barrister-at-law (Gray's Inn, London, 1958)
Post-graduate studies in administrative law in Paris (Conseil d'Etat, Paris; Institut International d'Administration Publique, 1969)
III. Professional activities
1958-64: Advocate in Nicosia
1964-69: Counsel of the Republic
1969-75: Senior Counsel of the Republic
As from 1975: Deputy Attorney-General of the Republic
IV. Activities and experience in the field of human rights
Agent of the Cyprus Government in respect of proceedings before the European Commission and Court of Human Rights (1974-89)
Represented Cyprus before the UN Committee for Human Rights and various human rights conferences
Member of the European Commission of Human Rights since May 1989 (renewal of term of office in May 1996 up to 2002)
In his capacity as a Member of the European Commission of Human Rights he was asked by the Parliamentary Assembly of the Council of Europe to study, together with Judge J Makarczyk, the legal system of Albania, in so far as it relates to human rights and prepare a relevant report. The report was submitted to the Assembly on 1 October 1993 (Ref. AS-Bur/Albania (44) 1)
President of the International Association on Human Rights in Cyprus (NGO) since 1988
Various articles on human rights in legal publications and in the press in Cyprus and many lectures on such topics in Cyprus and abroad
V. Public activities
President of the Executive Committee of the Cyprus Scouts Association (1981-87)
VI. Other activities /
VII. Publications and other works
Over thirty books and articles.
Selection of books:
"The functions of the office of the Attorney-General in Cyprus" (1974)
"The legal consequences of the coup of 15 July 1974 (1974)
"The central government in federal states" (1976)
"Topics of Cyprus law" (Volume I (1982) and Volume II (1988))
"Essays on the developing law of human rights" (1995) (Martinus Nijhoff Publishers)
Selection of articles:
"The protection of human rights pending the settlement of related political issues" (published in the British Yearbook of International Law 1987)
"Personality and privacy under the European Convention on Human Rights" (published in the British Yearbook of International Law 1990)
"Standards of proof in proceedings under the European Convention of Human Rights" (published in "Presence du Droit Public et des Droits de l'Homme", Melanges offerts à Jacques Velu, 1992)
"Restrictions or limitations on the rights guaranteed by the European Convention on Human Rights" (published in the Finnish Yearbook of International Law, Vol. IV, 1993)
VIII. Languages
Mother tongue: Greek
Official languages: speaking reading writing
English excellent excellent excellent
French good very good good
IX. Other relevant information
Member of the European Committee on Legal Co-operation of the Council of Europe (CDCJ) (1985-89)
Christos Clerides
I. Personal details
Sex: male
Date and place of birth: 25 December 1954 in Nicosia, Cyprus
Nationality: Cypriot
II. Education and academic and other qualifications
Attended Pancyprian Gymnasium, Nicosia and later Sussex Tutors, Brighton, England
Graduated from Brunel University, The University of West London with an LL.B (Hons) in 1976. Awarded the best examination performance price in 1976 by the Senate. Obtained the LL.M at University College, University of London in 1977, his performance having been described outstanding making him eligible for a scholarship.
Awarded a Ph.D., having specialised in aspects of European Community Law in 1981, at King's College University of London under the supervision of Professor A. Chioros, then Judge of the European Court, and Professor F. Jacobs, now Advocate-General, European Court of Justice in Luxembourg. He completed his military service in Cyprus in 1982.
III. Professional activities
a. Details of judicial activities: N/A
b. Details of non-judicial activities
He conducted major trials involving administrative and constitutional matters, commercial and other litigation and he is a Court Lawyer in active practice. He has practised law since 1981 and specialises in commercial law, human rights and European Union law. He has been acting for major clients in Cyprus and abroad and has presented cases before the European Commission for the Protection of Human Rights of the Council of Europe. Numerous pupil advocates have practised under his guidance in his Law Chambers, Phoebus, Christos Clerides, Pirilides and Associates with law offices in Nicosia-Limassol. He is the head of the Chambers.
c. Details of all non-legal professional activities
He was appointed a member of the Family Law Reform Committee and played an important role in the drafting of the new family laws in Cyprus. He was a member of the Committee for Europe advocating the entry of Cyprus to the European Community. He is the Vice-President of the International Association for the Protection of Human Rights in Cyprus and Director of the Institute of International and European Law. He shows a keen interest in human rights issues and European Union matters. He participated in the organisation of major international law conferences in Cyprus, has given numerous lectures and published numerous articles. He is a member of the Hadjioannou Scholarships Board selecting candidates for scholarship for university courses in Cyprus and abroad.
IV. Activities and experience in the field of human rights
As Vice-President of the International Association to the Protection of Human Rights in Cyprus, he has assisted organs of the Council of Europe investigating human rights in Cyprus, and appeared before various committees of the House of Representatives in connection with human rights issues, helping with drafting legislation. He participated in international conferences and meetings concerned with human rights issues in Copenhagen, Vienna, Greece and Cyprus. He has pursued cases involving human rights issues before the Supreme Court, District Courts and the Parliamentary Commissioner for Administration. He has advised and helped victims of human rights violations. He appears frequently on the TV and radio in connection with human rights issues and regularly contributes articles and comments.
V. Public activities
He is Vice-President of the New Horizons Political Party, formed in 1996, advocating a unitary state and full protection of human rights. He participated in his capacity as Acting President in meetings of the National Council with other party leaders and representatives.
VI. Other activities: N/A
VII. Publications and other works
"Some unresolved problems in attempts to commit a crime. A study of comparative law." Foreword by Professor G W Keeton: Brunel University, 1976.
"Conflicts of social security laws in the European Communities", University of London, IALS, 1981 (Thesis).
"Adoption law in Cyprus: time for changes!, 1984 Cyprus Law Review, page 1211.
Uberrima Fides in the arrest of ships: the case of the ship "Akak Progress", 1986, Cyprus Law Review, page 2225.
The possibility of amending the Constitution of the Republic of Cyprus, 1989, Cyprus Law Review, page 4052.
Judicial reform gives birth to legislative changes, Journal: Insurance Institute of Cyprus, 1983, page 4.
Cyprus law and the Community legal order, 1993, Cyprus Law Tribune, page 160.
Cyprus legal order and the Community legal order (1993), Greek Centre of European Studies.
The Community legal order and Cyprus law: "Focus on Cyprus", Proceedings of the Symposia "Cyprus on the threshold of the European Community", University of North London Press, 1993.
The possibility of amending the budget under the Cyprus Constitution, 1985, Cyprus Law Review, page 1942.
Substantial irregularity in interlocutory applications: LYSIAS, Nicosia Bar Council, May 1994, page 27.
The application of the European Convention for the Protection of Human Rights in Cyprus in the civil courts of Cyprus, 1992 (4), Cyprus Law Review.
The use of force against the citizen: the legal aspect, published in "Phileleptheros", 1994.
The report of the Committee against Torture and the decision for public inquiry. "Phileleptheros", 1994.
The law of defamation in Cyprus: in Carter — Ruck on Libel and Slander. Fifth ed. Buttenworth, 1997.
Interpreting a company's memorandum and A of A, Cyprus Mail, 26.5.94.
Company director's duties under the law redefined, Cyprus Mail, 25.3.94.
Stop-trading petitions by minority shareholders, Cyprus Mail, 27.1.94.
VII. Languages
Mother tongue: Greek
Official languages: English speaking, reading and writing excellent
IX. Other relevant information
He can use the computer, Word Perfect 5.1, Word for Windows and Zygos Software for law offices. Interested in reading on the Cyprus problem, international affairs and Greco-Turkish relations. He is keen on classical music and photography. Married to Helen Clerides in 1982 and has 3 children, Phoebe, Alexander and Constantine.
Costas Indianos
I. Personal details
Sex: male
Date and place of birth: 2 January 1942, Cyprus
Nationality: Cypriot
II. Education and academic and other qualifications
Graduate of the University of Oxford with a Bachelor of Arts Degree in Law (1965)
Admitted to the Degree of Master of Arts at Oxford University in 1968
III. Professional activities
Lawyer since 1967 — with an interval of six years (vide post) — until the present day in the family firm, first founded by A C Indianos in 1924. His practice as a lawyer includes civil litigation, commercial and corporate law (including offshore), international arbitrations (presently sitting as Sole Arbitrator appointed by the International Court of Arbitration in a dispute which is being tried in Paris), Court and/or consultancy work including many cases/instances having a variety of elements of private and public international law (eg Admiralty Jurisdiction of the Supreme Court of Cyprus) and criminal law (involved in a large number of serious cases, ie murder, manslaughter, bank robberies, fraudulent transactions, etc as a defence lawyer with a very successful rate of acquittals).
From 1977-83: Member of the International Secretariat of the Council of Europe (Economic and Social Affairs: European Social Charter).
IV. Activities and experience in the field of human rights
Part of his practice as a lawyer was in the field of human rights mostly in connection with the implementation of the provisions of the European Convention on Human Rights in Cyprus.
During the six years of service as a member of the Secretariat of the Committee of Independent has acquired wide and sound knowledge of human rights issues and/or matters (both under the Convention on Human Rights as well as the Social Charter) through the monitoring of the application of the latter and participation in many meetings concerned with the widening of the ambit of the Convention in relation to certain rights set out in the Social Charter.
Has actively participated in the drawing up of the Conclusions and/or the case-law of the Committee of Independent Experts.
Head of International Relations of the International Association for the Protection of Human Rights in Cyprus. (In that capacity he participated in a number of conferences organised in Cyprus and also represented the association as a Speaker on human rights in conferences/seminars held abroad.)
Follows all the press releases issued by the Registrar of the European court of Human Rights relating to the judgments of the Court or the reports of the Commission. Has participated in many conferences abroad on a host of legal, economic and human rights issues and/or topics in many countries and/or places in the world, namely, England, France, USA, Hong Kong, Italy, Germany, Austria, Greece, the Czech Republic, Slovakia, Russia, Ukraine and Bulgaria.
V. Public activities
General Secretary of the Cyprus Bar Association
Vice-President of the Cyprus Football Association
Member of the Cyprus Chamber of Commerce and Industry
Member of the Oxford Society of Cyprus
Member of the Legal Committee of the Cyprus Bar Association and the Committee for the Taxation of Shipping and Off-Shore Companies
Member of the International Bar Association
Recently he was a key Speaker at a conference organised by the Cyprus Chamber of Commerce and Industry in Prague and Bratislava on the subject of "Setting-up international trusts in Cyprus"
Presently sitting as Sole Arbitrator appointed by the International Court of Arbitration in a dispute which is being tried in Paris
Has been appointed by the Government of Cyprus, through the Ministry of Education as an Adviser to prepare the organisation and all the scientific work (discussion paper and other related documents) in co-operation with the CDDS of the Council of Europe for the forthcoming informal meeting of Ministers for Sport of the member states of the Council of Europe in Cyprus early next year
VI. Other activities: N/A
VII. Publications and other works
Press publication (1994) on Opinions and Judgments of the European Judicial organs compared to decisions of the Supreme Court of Cyprus.
A study in the French language published in the Cahiers Juridiques et Fiscaux de l'Exportation in 1991 on the "Constitution et Fontionnement des Sociétés Offshare à Chypre".
Study in English on International Trusts, published in 1995.
Report in English on Cyprus Double Tax Treaties, published in 1990, updated in 1995.
Report on offshore companies of limited liability, branches, captive insurance companies, collective funds and banking units and their operation in Cyprus, published in 1989, second publication 1991, third publication 1993 and fourth publication 1995.
An article published in the Offshore Finance Yearbook 1997-98 on "Cyprus International Trusts, Collective Investment Schemes and Direct Foreign Investment in Cyprus".
VIII. Languages
Mother tongue: Greek
Official languages: speaking reading writing
English very good very good very good
French very good very good very good
IX. Other relevant information
He was one of the three candidates recommended previously for appointment as a Member of the European Commission of Human Rights by the House of Representatives of Cyprus
CZECH REPUBLIC
Permanent Representation of the Czech Republic
to the Council of Europe
Mr Daniel Tarschys
Secretary General
Council of Europe
Strasbourg, 14 November 1997
Dear Mr Secretary General,
I have the honour to attach herewith the letter of the Minister of Foreign Affairs of the Czech Republic concerning the list of candidates, in the order of preference, of the Czech Republic for election to the European Court of Human Rights.
Please accept, Mr Secretary General, the assurance of my highest consideration.
Yours sincerely,
Jiří Pavlíček
Deputy Permanent Representative
Minister of Foreign Affairs
The Czech Republic
Prague, 14 November 1997
No. 110911/97-MPO
Dear Sir,
With reference to the new Article 22 of the European Convention on Human Rights, as to be amended by Protocol No. 11 to the Convention, I have the honour to nominate three candidates of the Czech Republic for the function of member of the European Court of Human Rights to be set up under Protocol No. 11;
1. Mr Karel Jungwiert
2. Mr Jiří Mucha
3. Mr Pavel Šturma
Please find enclosed the curricula vitae of the above-mentioned candidates.
I am convinced that the candidates are of a high moral character and possess the qualifications required for the exercise of this important function.
Please accept, Sir, the assurance of my highest consideration.
Yours sincerely,
Mr Daniel Tarschys
Secretary General
of the Council of Europe
Strasbourg
Karel Jungwiert
I. Civil status
Sex: Male
Date and Place of birth: 1 November 1944 Vlkovec (Czech Republic)
Nationality: Czech
II. Education
1964-69: Faculty of Law, Charles University, Prague (Master's Degree in Law 1969)
1970: Doctorate in Law (ibid)
III. Professional activities
a. Judicial activities
1992: Judge at the Supreme Court of the Czech and Slovak Federative Republic
1993-94: Section President, Supreme court of the Czech Republic (Criminal Section), resignation upon election to the Strasbourg Court
1993 to date: Judge at the European Court of Human Rights
1994 to date: Judge at the Supreme Court of the Czech Republic
b. Non-judicial legal activities
1969-70: Trainee at the Prague Bar
1974-89: Lawyer at the Prague Bar
1990-92: Head of the Secretariat at the Czechoslovak Federal Assembly (People's Chamber)
1992: Member of the Federal Government Working party to draft legislation on the distribution of powers between the Federation and the Czech and Slovak Republics
1992-93: Member of the Committee of Experts on Protection of the Environment through Criminal Law, Council of Europe, Strasbourg
1993: Czech republic delegate to the IXth Conference of European Constitutional Courts, Paris
c. Non-legal professional activities
1971-73: Workman (see IV.)
IV. Activities and experience in the human rights field
1969-89: Defence counsel in numerous trials of opponents of the communist regime
1970-73: Obliged to leave the Bar after protesting publicly against the occupation of Czechoslovakia by Warsaw Pact troops
Lectures on Human Rights, judicial organisation and criminal law, including:
1994: Court of Cassation, Paris ("Judicial organisation in the Czech Republic")
1995: CREDHO Colloquy, University of Rouen ("Transformation of the legal system in the Czech Republic after 1989 and its compliance with the case-law of the Strasbourg Court")
1996-97: Prague Bar ("Case-law of the European Court of Human Rights")
V. Public activities
No position held in any political party; no other specific public office.
VI. Other activities
No important other activities
VII. Publications
Since 1995: More than sixty "Reports on judgments of the European Court of Human Rights" (summaries of judgments in Czech, between three and five pages long) — Publications of the Supreme Court of the Czech Republic (circulated monthly to all courts, universities and other institutions in the Czech Republic)
1994: Report on the legislation of the Republic of Moldova (doc. AS/Bur/Moldova (1994) 2 of 29 September 1994 (co-author with Marek A. Nowicki), Revue universelle des droits de l'homme, Vol. 6/94
1996-97: Articles in the journal, Trestní právo (Criminal Law), on the organisation and activities of the European Court of Human Rights
VIII. Knowledge of languages
Czech: Mother tongue
Official languages:
French: very good (speaking, reading and writing)
English: good (speaking, reading and writing)
Other languages:
Slovak: very good (speaking, reading and writing)
Russian: very good (reading), good (speaking and writing)
Spanish: good (reading)
IX. Other relevant information
Married; father of three children (son aged 27, twin daughters aged 20)
Judr. Jiří Mucha
I. Personal details
Sex: male
Date and place of birth: 11 May 1946, Hradec Králové, Czech Republic
Nationality: Czech
II. Education and qualifications
1964-69: Faculty of Law, Charles University, Prague (graduated in 1969)
Specialisation: International Law, Conflict of Laws, Comparative Law
Thesis: Torts in private International Law
1968-69: International Faculty of Comparative Law (Montreal, Strasbourg)
1972: Leyden-Amsterdam-Columbia Summer Program in American Law (Amsterdam)
1988: Salzburg Seminar (Salzburg) — American and International Law
III. Professional activities
1970: Junior Lawyer, Law Offices No. 1, Prague
1972: Bar Examination, Prague
1973-90: Attorney at Law specialised in International Law, Member of Law Offices No. 1 in Prague
Currently: Member of Law Offices Turek, Mucha and Kostohryz, Prague Adviser to the Czech Bar Association
Since October 1993: Member of the European Commission of Human Rights, Council of Europe, Strasbourg
Participation in international conferences on human rights (Cyprus 1995, Budapest 1995, Krakow 1996)
Lectures on the European Convention on Human Rights to Czech lawyers and judges (Prague 1994-97)
Member of the Czech Association for International Law
V. Publications
Foreign Element in the Civil Procedure (Prague 1985)
The Case-Law of the Commission as regards the Administration of Civil Justice (Strasbourg 1997, to be published)
Rights to respect for private and family life and discrimination under the European Convention on Human Rights (Prague 1997, to be published)
A number of articles on the European Convention on Human Rights and the case-law of Convention organs published in the following Czech legal periodicals and newspapers: Právní rozhledy, Právní praxe, Bulletin advokacie, Lidové noviny
VI. Languages
Mother tongue: Czech
Official languages:
English: speaking, reading and writing knowledge
French: speaking, reading and writing knowledge
Other languages:
German: speaking, reading and writing knowledge
Russian: working knowledge
Slovak: working knowledge
Pavel Šturma
I. Personal details
Sex: male
Titles: Doc. JUDr., Mgr., CSc.
Born: 21 July 1963 in Prague
Nationality: Czech
II. Education and academic and other qualifications
1981-85: Faculty of Law, Charles University (Prague)
1983, 1984, 1985: first awards in student works completion in international law
1985: graduated with honours
1986-92: Faculty of Philosophy, Charles University (Prague)
Subjects: philosophy, economics
1986-89: Postgraduate (research) studies: Institute of Law, Czechoslovak Academy of Sciences (Prague)
Title of CSc. (PhD) thesis: International liability for injurious consequences of activities not prohibited by international law
1990: Award of the degree
1990-91: Institut des Hautes Etudes Internationales, Université de Paris 2 (Panthéon - Assas)
1991: Certificat de Recherches Approfondies
Course Fellowships
1989: International Law Seminar, UN Office in Geneva
Session of the Institute of International Public Law and International Relations, Thessaloniki, on Responsibility of States
1990: Faculté Internationale de Droit Comparé, Strasbourg
Summer Session of The Hague Academy on Public International Law
1991: Academy of European Law, Florence
22nd Study Session of the International Institute of Human Rights, Strasbourg
19th Session of the International Centre for University Human Rights Teaching, Strasbourg
The Hague Academy Centre for Studies and Research in International Law and International Relations
1992: JEP Tempus 1992: Intensive Training Programme, L'Europe dans les Relations Internationales, Université Libre de Bruxelles
Session d'été de l'Institut Universitaire International de Luxembourg: Les Accords de Schengen: quelle politique migratoire pour la Communauté?
1995: United Nations Congress on Public International Law: International Law as a Language for International Relations, New York
1990-91: Bourse du Gouvernement français (IHEI, Paris)
III. Professional activities
1990-92: research fellow at the Institute of Law, Prague (Department of International Law)
1992 (X-XII): visiting ass. professor at the Law Faculty, Masaryk University, Brno
1992 (XII)-1995 (I): associate officer, United Nations International Drug Control Programme (UNDCP), UNOV, Vienna
Since 1995: senior research fellow, Institute of Law, Czech Academy of Sciences, Prague
Senior lecturer in Public International Law, Law Faculty, Charles University, Prague
1996: Associate professor
Since 1997 (IX): Head, Department of International Law, Law Faculty, Charles University
IV. Activities and experience in the field of human rights
1991-92: Fellowship of the Council of Europe for the research project: Effect erga omnes of the European Convention on Human Rights
1992: training period in the Council of Europe (Secretariat (VIII-IX) of the European Commission of Human Rights)
1995-97: external co-operation, Czech Helsinki Committee, Legal Section
Since 1997: member of the Czech Helsinki Committee
V. Other activities and membership
Czech Society for International Law, member of the committee
American Society of International Law
Société Française pour le Droit International
Czech Association for European Studies
VI. Publications and other works
Author of five books and more than forty articles and studies on international and European law, published mainly in Czech, but also in English and French, both in the Czech Republic and abroad. Regular contributions to the rubric on case-law of the European Court of Human Rights in the legal review Právní rozhledy (in Czech).
a. Books (in Czech)
Introduction to the European Law of the Protection of Human Rights, Carolinum (Charles University Press), Praha, 1994
Drug Control and Suppression of Illicit Traffic in International Law, Acta Universitatis Carolinae Iuridica, Praha, 1996
Asylum and Refugees in International Law, Acta Universitatis Brunensis Iuridica, Brno, 1997 (with Č. Čepelka and D. Jilek)
Course on International Economic Law, C.H. Beck, Praha, 1997 (with V. Balaš)
b. Selected articles
Le droit international humanitaire fait-il partie du jus cogens? in: Report of the Course on International Humanitarian Law (Warsaw, 1987), ICRC, Geneva, 1988
A propos des problèmes théoriques de la responsabilité internationale pour les dommages a l'environnement: Studie z mezinárodniho práva (Etudes de Droit International), Vol. 23, Prague, 1990
The Law of Treaties. Reflected in State Responsibility Rules, Thesaurus Acroasium of the 1988 Session: Sources of International Law (Vol. XIXI), Thessaloniki, 1992
Active Legitimation and Procedural Competence for Proceedings before the European Commission and the European Convention on Human Rights: Právník No. 6, 1996 (in Czech)
Responsibility of the State under the European Convention on Human Rights: Právník No. 10-11, 1993 (in Czech)
La participation de la Communauté européenne à des "sanctions" internationales: Revue du Marché Commun et de l'Union Européenne, Paris, No. 366, March 1993
Some problems of Strict Liability in International Law, Thesaurus Acroasium of the 1989 Session: Responsibility of States (Vol. XX), Thessaloniki, 1993
La responsabilité en dehors de l'illicite en droit international économique: Polish Yearbook of International Law, Vol. 20 (199), Warsaw, 1994
La responsabilité des Etats pour les flux de réfugiés provoqués par eux. Annuaire Français de Droit International, Vol. XL (1994), Paris, 1995 (with W. Czaplinski)
Aspects récents du contrôle international des drogues et de la lutte contre leur trafic illicite, Annuaire Français de Droit International, Vol. XLI (1995), Paris, 1996
An improved Mechanism for Protecting Social Rights: Collective Complaints under Additional Protocol to the European Social Charter: Právník No. 10-11, 1996 (in Czech)
VII. Languages
Mother tongue: Czech
Official languages:
English: (actively) speaking, reading, writing
French: (actively) speaking, reading, writing
Other languages:
Russian: speaking, reading
German: speaking (partly)
Spanish: reading
DENMARK
Ministry of Foreign Affairs
List of candidates for election to the European Court
of Human Rights
1. Mr Peer Lorenzen, Justice of the Supreme Court, member of the European Commission of Human Rights.
2. Ms Eva Smith, professor, dr. jur.
3. Mr Claus Haagen Jensen, profesor.
Permanent Representation of Denmark
to the Council of Europe
Mr Daniel Tarschys
Secretary General
Council of Europe
13 November 1997
Nomination of judges for the new Court of Human Rights
Mr Secretary General,
Referring to your letter of 23 September 1997, please find enclosed the list of Danish candidates for the election of judges for the new Single Court of Human Rights.
In order of priority, the candidates are:
—Mr Peer Lorenzen, Justice of the Supreme Court, member of the European Commission of Human Rights—
—Ms Eva Smith, Professor, Dr. Jur., member of ECRI—
—Mr Claus Haagen Jensen, ProfessorCu
Curricula vitae for the three candidates are enclosed for examination under the informal procedure instituted by the decision of the Committee of Deputies on 28 May 1997.
Yours sincerely
Arne Belling
Peer Lorenzen
I. Personal details
Sex: male
Date and place of birth: born on 20 May 1944 in Copenhagen, Denmark
Nationality: Danish
II. Education and academic and other qualifications
Master of law (juridisk embedseksamen) University of Aarhus, 1969
III. Professional activities
Judicial activities
1982-92: Judge of the Court of Appeal of Western Denmark
1989-90: Investigating Judge concerning a case of alleged maladministration in the Ministry of Housing and related institutions
1992-94: President of the Court of Appeal of Western Denmark
Since 1994: Justice of the Supreme Court of Denmark
Non-judicial activities
1969-70: Assistant Professor of public law at the University of Aarhus, and of constitutional law at the University of Copenhagen, 1970-74
1970-78, 1973-78: Legal Adviser, Ministry of Justice, in the Law Department with subjects relating to administrative, constitutional law and human rights. In the same period secretary to the Government Committee on revision of the Act on access to the files of administrative authorities.
1978-82: Head of Department at the Parliamentary Ombudsman's Office
1985-86: Chairman of the Aliens Appeals Board
1992-96: Chairman of the National Council for Prevention of Crime
1992-96: Chairman of the Permanent Law Reform Commission on Administration of Justice
1994-95: Chairman of the Working Environment Council
1997: Chairman of the Government Committee on access to files concerning civil servants
IV. Activities and experience in the field of human rights
Representative of Denmark in the Council of Europe Committee of Experts on Development of Human Rights, 1983-92, and Chairman of that committee, 1991-92
Member of the Government Committee on Incorporation of the European Convention on Human Rights in Danish Law, 1989-91
Member of the European Commission of Human Rights since 1995
(V. Public activities)
VI. Other activities
Member of the Executive Committee of the Danish Association of Judges, 1987-91
External examiner at the University of Aarhus since 1988
Member of the Editorial Committee of the law journal Juristen since 1992
Member of the Editorial Committee of the Danish human rights journal EU & Menneskeret since 1994
VII. Publications and other works
(Jointly with two other authors) EMRK-Kommentar (Commentary on the European Convention on Human Rights) Copenhagen, 1994 (544 pages)
Eva Smith
I. Personal details
Sex: female
Date of birth: 31 August 1942, Copenhagen
Nationality: Danish
II. Education and academic and other qualifications
University education:
Sociology: 2 years
Psychology: 1 year
Master of Law: 1974
Doctoral thesis: 1986
III. Professional activities
a. Judicial activity:
1992-93: A high court judge for 9 months
b. Non-judicial legal activities:
1993-96: Member of the Committee on the Judiciary
1994-96: Member of the Committee on Tribunals of Inquiry
1993-94: Member of the Committee on Police Complaints
Current activities
1987-: Professor of Law at the University of Copenhagen
1995-: Chairman of the Crime Prevention Council
1994-: Chairman of the Board for a Legal Aid Institution (Københavns Retshjælp)
1994-: Chairman of a board (Patientklagenævnet) to determine complaints from patients concerning the treatment of health personnel (doctors, nurses, etc.)
Chairman of a committee on professional economic counselling
Member of a permanent committee on criminal procedure
1997-: Member of a committee to modernise the Civil Procedure Code
c. Member of the board of TV2 (the biggest television station in Denmark
IV. Activities and experience in the field of human rights
Member of ECRI, Council of Europe Commission against Racism, Xenophobia, Anti-Semitism and Intolerance
Author of several articles
Lectures for judges, advocates and other professionals both in Denmark and Norway
Lectures in seminars at the Human Rights Institute in Copenhagen. Member of ARAR Lectures at seminars. (Academics against Racism)
Ten-day visit to Mozambique. Report to Danida about Legal Aid in Mozambique, 1993
Member of a group of European professors lecturing about human rights in China, 1989
Member of a group of experts sent by the Council of Europe to Czechoslovakia, 1991
V. Public activities
I very often give interviews on television, radio and the newspapers. I have written about fifty articles for the newspapers.
I am a columnist on one of the biggest Danish newspapers Berlingske Tidende.
VI. Other activities
I was Chairman of the Parents' Board of my children's school for ten years. For a four-year period I was also elected a member of the Municipal School Board.
The author of three children's books. One of them was nominated for a prize in Poland for tolerance and understanding.
VII. Publications and other works
About a hundred books and articles
Vidnebeviset (Testimonial Evidence). Doctor's dissertation, Copenhagen, 1986
Civil Procedure, Copenhagen, 1996
Criminal Procedure, Copenhagen, 1994
Execution, Copenhagen, 1991
Bevisoptagelse og bevisvurdering (Taking Evidence and Evaluating Evidence) in Asyl i Norden, Dansk Flygtningehjælp, 1990
How to deal with Children's Evidence? in Children's Evidence in Legal Proceedings, edited by J.R. Spencer, Cambridge, 1989
Development within Criminal Procedure in Denmark. Suum Quique, Copenhagen, 1993, edited by Peter Blume
Danish member of the Storme Commission. The Commission submitted a report for the European Commission in 1993 called Draft Directive Approximation Judiciary Law
The application of the European Convention on Human Rights in Danish Courts, UfR, 1994, p. 99
The Significance of the Jersild Case for Judicial Practice in Denmark, UfR, 1995, p. 145
VIII. Languages
Danish
English (speaking, reading, writing)
French (reading: simple texts; speaking; writing: poorly)
Claus Peter Haagen Jensen
I. Personal details
Sex: male
Date and place of birth: 27 December 1937 at Odense, Denmark
Nationality: Danish
II. Education and academic and other qualifications
Master of Law, Copenhagen University, 1963
III. Professional activities
a. Details of juridical activities
Member of courts of arbitration in a number of cases, mostly in the field of labour law
b. Details of non-juridical legal activities
1963-66: Principal at the Ministry of the Interior
1964-66: Part-time employment at an attorney's office
1966-68: Assistant professor at the Institute of Public Law, Aarhus University
1968-78: Lecturer at the Institute of Public Law, Aarhus University
1970: Professeur stagiaire at the Council of Europe, Directorate of Legal Affairs (5 months)
1978-: Professor of Public Law, Aalborg University
1987-: Member of the Board of the Danish Centre for Human Rights; Chairman since 1989
Member of a number of committees considering new legislation, as an example the parliament committee on revising the Ombudsman Act
Elaborated a large number of legal opinions, in particular in the field of public law
Member of the Investigation Commission assessing the police activities during the violent demonstrations in Copenhagen (18 and 19 May 1996)
c. Details of all non-legal professional activities
Dean, head of department and chairman of study board for several periods
IV. Activities and experience in the field of human rights
1987-: Membership of the Board of the Danish Centre for Human Rights, Chairman since 1989
Teaching human rights at the Aarhus University and Aalborg University
1996: Member of the Danish delegation at the meeting of the UN Commission of Human Rights
V. Public activities
No important public activity that is not covered by the information above under III
VI. Other activities
1974-82: Member of a primary school board; chairman from 1974-80
1990-96: Shop steward for my colleagues
VII. Publications and other works
1967: Ombudsmandens bedommelsesgrundlag
1968: Forvaltningens organisation
1972: Kommunalret
1973, 1984, 1989: Administration og Borger, general administrative law, written together with Carl Aage Nørgaard
1975: Advance Opinions in Danish Administrative Law, written together with Orla Friis Jensen
1974, 1982: Pollution Control Legislation in Denmark
1977: Contribution on Miljøbeskyttelse to Dansk Miljøret
1977: Autorisation d'installations polluantes
1979, 1989: Chapters on Forvaltningens kilder and Tilbagekaldelse af forvaltningsakter, in the book Forvaltningsret Almindelige Emner
1977: Den enkelte og samfundet
1984: Ledighed og Rådighed
1993: Contribution to the book Fagligt Etiske Principper
Total of 27 publications
VIII. Languages
Mother tongue: Danish (speaking, reading, writing)
Official languages:
English (speaking reading, writing)
French (reading, limited speaking)
Other languages:
German (reading, limited speaking)
IX. Other relevant information
None
ESTONIA
Permanent Representation of Estonia
to the Council of Europe
Strasbourg, 14 November 1997
Dear Mr Secretary General,
Please find enclosed the list of Estonian candidates, with their respective curricula vitae, for the election of judges for the new Single Court of Human Rights.
Please, also, note that the Estonian Government has not expressed its preference as to the candidates and the candidates are presented in alphabetical order.
Mrs Mai Hion
Mr Uno Lõhmus
Mr Rait Maruste
Sincerely yours
Karin Jaani
Ambassador
Mr Daniel Tarschys
Secretary General
Council of Europe
Strasbourg
Hion Mai
I. Personal details
Sex: female
Date and place of birth: 30 November 1966, Tartu, Estonia
Nationality: Estonian
II. Education
Higher education:
1987-92: Tartu University, Faculty of Law
Additional education:
September-November 1992: Birmingham University, Course of Human Rights Law and Practice
July-August 1994: European University in Florence, Course on European Community Law and on Human Rights in Europe
III. Professional activities
1992-93: Ministry of Foreign Affairs of the Republic of Estonia, Legal Department, First Secretary of the Bureau of Human Rights, Acting Director of the Bureau of Human Rights
Since 1993: Advocate, Member of the Estonian Bar Association
Since 1996: Member of the European Commission of Human Rights
IV. Activities in the field of human rights
Member of the working group for the preparing of the ratification of the European Convention on Human Rights and Fundamental Freedoms and its Protocols
Member of the working group for preparing the Estonian translation of the European Convention on Human Rights and Fundamental Freedoms
Member of the Estonian delegation on the session of the Committee on Human Rights on representation of the report on the International Covenant on Civil and Political Rights
Since 1996: Member of the European Commission of Human Rights
V. Public activities
Since 1988: Estonian Academic Law Society, student member and member
Since 1996: International Law Association, founding member
VI. Languages
Mother tongue: Estonian
Other languages:
English (speaking, reading, writing)
French (reading)
Russian (speaking, reading, writing)
Uno Lõhmus
I. Personal details
Sex: male
Date and place of birth: 30 October 1952, Moisakula, Estonia
Nationality: Estonian
II. Education and academic qualification
Educated at Tartu University, Faculty of Law, 1971-76
Candidate of Law, Leningrad University, 1986
III. Professional activities
1976-77: Assistant to Advocate
Since 1977: Member of the Estonian Bar Association
1976-92: Advocate, Tartu Law Office
1985-86: Senior Lecturer, Faculty of Law, Tartu University
Since 1986: Docent, Faculty of Law, Tartu University
Since 1992: Partner, Law Office Lõhmus & Teeveer
Since 1994: Judge, European Court of Human Rights
IV. Activities and experience in the field of human rights
Judge of the European Court of Human Rights
Member of the working group for the preparing of the ratification of the European Convention on Human Rights and Fundamental Freedoms and its Protocols
V. Public activities
Member of Estonian Academic Law Society
Member of the International Law Association
Member of the working group of the preparing of the ratification of the European Convention on Human Rights and Fundamental Freedoms and its Protocols
Consultant of the working group elaborating the Criminal Code of Estonia
VI. Languages
Mother tongue: Estonian
Other languages:
English (speaking, reading, writing)
Russian (speaking, reading, writing)
VII. Publications
Dissertation: The qualification of participation in a crime, Leningrad, 1985
Has published 39 articles.
Rait Maruste
I. Personal details
Sex: male
Born: 27 September 1953 in Pärnu, Estonia
Nationality: Estonian
II. Education and academic and other qualifications
1972-77: Law degree from Tartu University Law School
1984: Ph. D. (cand. of legal sciences), Leningrad
1985: Assistant Professor, Head of Department, Tartu University Faculty of Law
1991-92: Doctoral research, Tartu University
Study visits:
1991: Abo Academy, Finland
1991: HEUNI, Finland
1991: Max-Planck-Institute, Freiburg, Germany
1992: Cambridge University, United Kingdom
1995: Max-Planck-Institute, Heidelberg, Germany
III. Professional activities
a. Judicial activities
Since 8 December 1992: President of the Supreme Court of the Republic of Estonia; Ex officio Chairman of the Constitutional Review Chamber of the Supreme Court
b. Non-judicial legal activities
Chairman of the Board of Estonian Law Centre Foundation; Member of the Board of Law Journal Juridica; Chairman of the Estonian Academic Law Society; Member of the International Society for the Reform of Criminal Law; Law Lecturer on temporary basis; Member of Commission of Europe drafting committee on Status of Judges in Europe
IV. Activities and experience in the field of human rights
Participation in different training courses and conferences (Abo Academy, Turku; Kings College, London; Oxford University; Paris). Scientific legal research and publications; translation of the European Convention on Human Rights into Estonian. Member of Estonian working commission for ECHR ratification; adjudication of cases at the Supreme Court of Estonia.
V. Public activities
All public activities are connected with my present professional status. Legal writing and reports.
VI. Other activities
See sub. V.
VII. Publications
1. Total number of different publications is over 100
2. Main publications:
Constitution and its review, 1997; 283 pages (Estonian)
Human rights and principles of fair trial, 1993, 168 pages (Estonian)
Status of ECHR in Estonian Law. Reports of seminar "Legal consequences of ECHR", Tallinn, 30-31 May 1996
Judicial review, public liability and compensation. Proceedings of 25th Colloquy on European Law, Oxford, 1995
VIII. Languages
Mother tongue: Estonian
Official languages:
English: speaking and reading good, writing satisfactory
French
Other languages:
Russian: good
IX. Other relevant information
Married. Wife — Mare Maruste — is an acting company lawyer
Children: daughter Madli Maruste, born 1980, senior; son Kristjan Maruste, born 1988, schoolboy
FINLAND
Permanent Representation of Finland
to the Council of Europe
Strasbourg, 27 October 1997
Re: Candidates to the Single European Court of Human Rights
Dear Mr Secretary General,
Referring to your letters of 23 September and 6 October, please find enclosed the Finnish Government's candidates for the post of judge at the Single European Court of Human Rights.
1. Mr Matti Pellonpää
2. Mrs Riitta-Leena Paunio
3. Mr Martin Scheinin
Yours faithfully,
Tom Grönberg
Ambassador
Mr Daniel Tarchys
Secretary General
of the Council of Europe
Matti Paavo Pellonpää
I. Personal details
Sex: male
Date and place of birth: 4 April 1950 in Kankaanpää, Finland
Nationality: Finnish
II. Education and academic and other qualifications
Candidate of Laws (LL. B.), University of Helsinki, 1974
Licentiate of Laws (LL. Lic.), University of Helsinki, 1976
Master of Laws (LL. M.), University of Toronto, 1979
Doctor of Laws (LL. D), University of Helsinki, 1984
III. Professional activities
a. Details of judicial activities
Full-time positions
May 1974-February 1975: Provincial Administrative, Court of Vaasa, Assistant Junior Secretary (referendary)
February 1976-November 1976: City Court of Loviisa, Acting City Court Judge
July-August 1978: City Court of Lahti, Acting City Court Judge
February 1984-February 1986: Iran-United States Claims Tribunal, The Hague, Legal Assistant
January-June 1997: Supreme Administrative Court of Finland, Extraordinary Justice
Part-time positions
June 1975-July 1976: Supreme Administrative Court, Assistant Junior Secretary
October 1990: European Commission of Human Rights, Strasbourg, Member
January 1998-: European Commission of Human Rights, Strasbourg, President of the First Chamber
b. Details of non-judicial legal activities
Full-time positions
June-July 1975: Execution Office of Pori, Acting City Bailiff
November 1976-June 1977: University of Helsinki, Assistant of International Law
January 1978-May 1978: Mid-Finland Military County, Military Lawyer (part of military service)
October 1979-January 1981: University of Helsinki, Assistant of Constitutional Law
February 1981-February 1984: University of Helsinki, Assistant of International Law
October 1981-December 1983: Academy of Finland, Research Assistant (leave of absence from the university)
March 1986-September 1987: Academy of Finland, Senior Research Fellow
October 1987-December 1988: Ministry of Justice of Finland, Legislative Counsellor
January 1989-: University of Helsinki, Associate Professor of International Law (1 January-31 December 1989 Acting Professor of International Law)
Part-time positions
August 1983-February 1984: University of Lapland, Acting Associate Professor of International Law
January 1987-June 1987: University of Helsinki, Acting Associate Professor of International Law
March 1993-October 1996: United Nations Compensation Commission, Geneva, Member of Panel
c. Details of all non-legal professional activities
In my adult life I have only worked in the field of law.
IV. Activities and experience in the field of human rights
Finnish Jurists for Human Rights (Finnish Section of the International Commission of Jurists), President 1992-93
XIIth Congress of the International Academy of Comparative Law, Australia 1986: General Reporter on Judicial Control of Administrative Discretion in the Expulsion and Extradition of Aliens
Member or expert of various law reform committees or working groups especially in the field of human rights
Expert heard by committees of parliament on numerous legislative bills concerning their compatibility with Finland's human rights obligations
Member of the Finnish delegation to the CSCE Conference on the Human Dimension, Paris 1989 (30 May-23 June) and Copenhagen 1990 (5-22 June)
Member of the list of persons nominated by Finland in accordance with Chapter I, para. 3 of the Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, 1992-
Appointed as expert by the Council of Europe for "compatibility exercises" with a view to ratification of the European Convention on Human Rights by Estonia, Hungary, Latvia, Lithuania and Russia (meetings in 1992-96 in Budapest, Helsinki, Riga, Tallinn and Vilnius)
Invited to participate and present a paper/hold a lecture at numerous conferences etc. on various subjects of law, the latest being the International Colloquy on "Individual Reparation Claims Entailed by Human Rights Violations — The Legal Position of the Individual under International Law", Berlin, 26 to 28 September 1997, where invited to present a paper on "Individual reparation claims under the European Convention on Human Rights" (also to be published).
V. Public activities
See IV and VI.
VI. Other activities
International Law Association, Finnish Branch: Honorary Secretary 1983-84, member of the Executive Board since 1986; Ius Gentium ry (an association of international law), President 1989-91
Kansainoikeus-Ius Gentium (a periodical on international law), Editor-in-Chief 1987-89
Finnish Yearbook of International Law (successor publication to Kansainoikeus-Ius gentium), Editor-in-Chief 1989-91
Consultant of the Ministry of Justice on matters relating to international law, 1989-90
Deputy member of the Åland delegation, 1993-
American Society of International Law, member of Panel of State Responsibility 1994
Member (arbitrator) of the Court of Conciliation and Arbitration of the Convention on Conciliation and Arbitration within the CSCE (now OSCE), 1995-
VII. Publications and other works
I have published five books and some forty articles, book reviews etc. on various questions of law, especially human rights,
Books:
Expulsion in International Law. A Study in International Aliens Law and Human Rights with Special Reference to Finland (Diss.), Helsinki, 1984 (XIII+508 pp.)
The UNCITRAL Arbitration Rules as Interpreted and Applied: Selected Problems in Light of the Practice of the Iran-United States Claims Tribunal (in co-operation with David D. Caron), Helsinki, 1994 (Finnish Lawyers' Publishing) (XXII+564 pp.)
Euroopan neuvoston ihmisoikeussopimus Suomen näkökulmasta ("The European Convention on Human Rights from the Finnish Perspective", in Finnish), Helsinki, 1989 (Publications of the Department of Legislation of the Ministry of Justice 21/1988, XVII+316 pp.)
Euroopan ihnisoikeussopimus ("The European Convention on Human Rights", in Finnish), first ed., Jyväskylä 1991 (XII+426 pp.), second revised ed., Jyväskylä 1996 (XIV+529 pp.)
Selected articles:
"The Implementation of the European Convention on Human Rights in Finland", International Human Rights Norms in Domestic Law — Finnish and Polish Perspectives (edited by Allan Rosas), Helsinki, 1990, pp. 44-67
"Article 10", The Universal Declaration of Human Rights: A Commentary (edited by A. Eide etc.), Drammen 1992 (Scandinavian University Press), pp. 159-174 (in co-operation with Lauri Lehtimaja)
"Economic, Social and Cultural Rights", The European System for the Protection of Human Rights (eds. R. Macdonald, P. Matscher and H Petzold), Dordrecht etc. 1993 (Martinus Nijhoff Publishers), pp. 855-874
"Compensable Claims Before the Tribunal: Expropriation Claims", The Iran-United States Claims Tribunal: Its Contribution to the Law of State Responsibility (edited by Richard B. Lillich and Daniel B. Magraw), New York 1997, pp. 185-266
Reflections on the notion of "deprivation of possessions" in Article 1 of the 1st Protocol to the European Convention on Human Rights, Essays in honour of Rolv Tysdal, 19 pp. (number of corrected proof pages) (to be published by Carl Heymanns Verlag KG in 1998)
Die Europäische Menschenrechtskonvention in der finnischen Rechtsordnung, Universität des Saarlandes: Vorträge, Reden und Berichte aus dem Europa-Institut No. 273, 1992 (15 pp.)
La Convention européenne des droits de l'homme: quelques réflections comparatives entre la Finlande et la France, Revue internationale de Droit comparé 1995, pp. 669-679
VIII. Languages
Mother tongue: Finnish
Official languages (English is stronger):
English: good working knowledge (speaking, reading, writing)
French: good working knowledge (speaking, reading, writing)
Other languages:
Swedish: good working knowledge (speaking, reading, writing)
German: good working knowledge (speaking, reading, writing)
Spanish: knowledge of the basics
Note: I have indicated my working knowledge in four languages as "good" (in so far as concerns speaking, reading and writing), although finer distinctions would also have been possible. For example, I have an official certificate testifying that my knowledge of German is "very good", whereas the corresponding characterisation in French is "good". My total score in TOEFL ("test of English as foreign language") taken in 1978 would be equal to "excellent".
Riitta-Leena Paunio Sisko
I. Personal details
Sex: female
Born: 10 June 1946, Riihimäki
Nationality: Finnish
Married, one child
II. Education and academic and other qualifications
1964: Matriculation examination, Nurmijärvi High School
1965: High School Diploma, Jackson High School, Michigan, USA
1968: Master of Law, University of Helsinki
1970: Licentiate of Law (postgraduate degree), University of Helsinki
1974: Optional studies in international law, University of Helsinki
1982: Certificat d'aptitudes linguistiques, UN, New York
1983: Certificat d'études pratiques de français, University of Geneva
III. Professional activities
b. At the Parliamentary Ombudsman's Office:
1972-74: Junior lawyer
1974-78: Senior lawyer
1978-92: Legal counsellor
1985-91: Acting chief of staff short spells of time
1992-95: Chief of staff
1992-95: Acting Deputy Parliamentary Ombudsman
1995-: Deputy Parliamentary Ombudsman elected by the parliament
c. 1970-72: Administrator in the Faculty of Social Sciences, University of Helsinki
IV. Activities and experience in the field of human rights
In my daily work I have dealt with human rights issues in the Ombudsman's Office since 1972
The recently revised Constitution (1995) defines in particular as the duty of the Ombudsman to oversee that public authorities respect the constitutional rights of the people as well as international human rights. As Deputy Parliamentary Ombudsman I have concentrated on basic and human rights in the field of social and health care, prisons and other closed institutions. I have carried out special studies on the basis of which I have proposed to the government improvements in the legislation and administrative procedures.
Some lecture activity on topics related to my work
Founding member in the Association for Legal and Ethical Issues in health care
V. Public activities
VI. Other activities
Member of the Finnish Lawyers' Association
Member of Paasikivi-seura
VII. Publications and other works
Some short professional articles, the most recent articles are:
"Understandable laws are a civil right", Annual Report of the Ombudsman, 1996
"The work of the Finnish Parliamentary Ombudsman in the prevention of torture and ill-treatment" to be published by the British Institute for Human Rights (BIHR) and the Association for the Prevention of Torture (APT)
VIII. Languages
Finnish
English: fluent in speaking, reading and writing
French: good reading capacity, less fluent in speaking and writing
Swedish: fluent in speaking, reading and writing
German: some knowledge
IX. Other relevant information
Officer in charge of international relations of the Ombudsman's Office 1972-95, regular participation in the international co-operation of the Ombudsmen
Lived with my family for four years in Geneva, Switzerland
Martin Sheinin
I. Personal details
Sex: male
Date and place of birth: 4 November 1954, Helsinki, Finland
Nationality: Finnish
II. Education and academic and other qualifications
1982: Graduate from the Law Faculty of the University of Turku
1984: Bachelor of Science (Biochemistry), University of Turku
1987: Licentiate in Laws, University of Turku
1991: Doctor iuris, University of Helsinki
1992: Docent of Constitutional Law, University of Helsinki
1993: Professor of Law (Associate Professor of Constitutional Law), University of Helsinki
1995: Docent of Constitutional and International Law, Ábo Akademi University
III. Professional activities
a. Judicial activities
1980: Lay Member of the Turku Housing and Tenancy Court
1997- Member of the (United Nations) Human Rights Committee
b. Non-judicial legal activities (full-time positions only)
1985-86: Assistant Secretary of Finnish Parliament
1986-92: Researcher, Academy of Finland/University of Helsinki
1992: Special Adviser to the Ministry of Justice (constitutional law drafting project of 3 months)
1993: Professor of Law (Associate Professor of Constitutional Law), University of Helsinki
1997: Visiting Scholar, Academy of Finland, University of Toronto
c. Non-legal professional activities
1975-85: during and immediately after university studies: various summer and other work, including Secretariat work of partly legal character
IV. Activities and experience in the field of human rights
Full-time involvement in human rights work since 1987 in various capacities
Academic work (see above and for publications, below)
Serving as counsel of applicant (in some 30 cases before Finnish courts, the UN Human Rights Committee or the European Commission and Court of Human Rights)
Positions in and assignments by non-governmental organisations (Finnish League for Human Rights, Amnesty International, Minority Rights Group, etc)
Assignments as independent expert (various committees of Finnish Parliament, Government Commissions, Finnish Advisory Board on International Human Rights Affairs, OSCE High Commissioner on National Minorities, etc.)
V. Public activities
Active participation in public discussion in Finland, in issues related to human rights or constitutional law; media interviews, opinions, etc.
VI. Other activities (part-time positions)
1982-83, 1989-92, 1992-93: Secretary to three Government Commissions for constitutional reform, including the Bill of Rights Commission
1993-94: Visiting Professor at the University of Tartu (Estonia), as part of the "Eurofaculty" co-operation
1988-97: Member of the Finnish Advisory Board on Human Rights Affairs, Vice-Chairman 1993-97
1991-94: Permanent External Expert of the Ministry of Justice in matters relating to constitutional and international law
1993-94: Member of a Government Working Group on Priorities in Health Care
1993: Member of a Government Expert Group on HIV issues
1994-96: Expert to the Finnish National Commission against Racism, Xenophobia, Anti-Semitism and Intolerance
1995: Regional co-ordinator (Nordic and Baltic countries) of Blaustein & Flanz, Constitutions of the Countries of the World
1996: Member of an External Evaluation Board for the Danish Centre for Human Rights
1996: Member of the Advisory Board of the Latvian Institute of Human Rights
1996: Member of the Academic Advisory Board of "Eurofaculty"
1997: Head of a Joint Nordic Research Project "The welfare state and constitutionalism in the Nordic countries"
1997: Chairperson of the Committee on Human Rights Law and Practice of the International Law Association
VII. Publications
Author of 5 books and more than 100 articles, including:
1990: "Legal protection of human rights and different conceptions of democracy", Archiv für Rechts-und Sozialphilosophie, Beiheft 4l pp. 63.
1991: Ihmisoikeudet Suomen oikeudessa, Human rights in Finnish law, doctoral thesis, with an English summary. Finnish Lawyers' Association.
1993: "A comparative study on the monitoring mechanisms and the important institutional frameworks for human rights protection within the Council of Europe, The CSCE and the European Community" (Together with Merja Pentikäinen). In Arie Bloed, Liselotte Leicht, Manfred Nowak & Allan Rosas (eds.), Monitoring human rights in Europe; comparing international procedures and mechanisms. Kluwer Academic Publishers.
1994: "Direct applicability of economic, social and cultural rights: a critique of the doctrine of self-executing treaties". In Krysztof Drzewicki, Catarina Krause and Allan Rosas (eds.), Social rights as human rights: a European challenge. Ábo Akademi Institute for Human Rights.
1994: Co-author in Asbjørn Eide, Catarina Krause and Allan Rosas (eds.), Economic, social and cultural rights: a textbook. Martinus Nojhoff Publishers.
1996: General editor and co-author in International human rights norms in the Nordic and Baltic countries. Kluwer Law International.
1997: EMU ju Suomen valtiosääntö (EMU and the Finnish Constitution) Finnish Lawyers' Publishing Company
VIII. Languages
Mother tongue: Finnish
Official languages:
English: fluent in speaking, reading and writing
French: reading skills
Other languages:
Swedish: fluent in speaking, reading and writing
Norwegian, Danish: reading skills
German: reading skills
IX. Other relevant information
Resides at present in Toronto, Canada (until July 1998)