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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 II
Curriculum vitae
Page
France 2
Germany 13
Greece 30
Hungary 46
Iceland 58
Ireland 65
Italy 78
Latvia 89
Lithuania 98
Luxembourg 108
FRANCE
Permanent Representation of France
to the Council of Europe
Strasbourg 30 October 1997
The Ambassador
Mr Secretary General,
In response to your letter of 23 September 1997, I have the honour to transmit to you hereafter the list of the French candidates for the election of judges to the European Court of Human Rights, by order of priority:
—Mr Jean-Paul Costa, legal adviser—
—Mr Yves Gaudemet, university professor—
—Mr Regis de Gouttes, general advocate to the Court of CassationTh
The curriculum vitae of the candidates are appended for examination within the framework of the informal proceeding as required by decision of the Committee of Ministers dated 28 May 1997.
Yours sincerely,
Jacques Warin
Jean-Paul Costa
I. Personal details
Male
Date and place of birth: 3 November 1941, Tunis (Tunisia)
Nationality: French
Counsellor of State; Member of the French Council of State (since 1966)
II. Education, academic and other qualifications
1959: Secondary education at lycée Carnot of Tunis and lycée Henri IV in Paris; certificate of general classical literary studies
1961: Diploma of the Institute of Political Studies of Paris
1962: Master in Law, Faculty of Paris
1964: Diploma of Superior Studies (post-graduate), Public Law
1964-66: Student at the National School of Administration (Montesquieu Promotion)
1 June 1966: Appointed as Auditeur at the Conseil d'Etat
III. Professional activities
a. Details of judicial activities
1966-71, 1977-80, 1987-89: Rapporteur at the judicial section of the Council of State
1979-80: Chairman of the Complaints Committee of the Cultural and Technical Co-operation Agency
1989-93: Assessor of sub-section (chamber), judicial section of the Council of State
1990: Chairman of an arbitration tribunal for a dispute regarding computer law
Since May 1993: Chairman of the tenth sub-section (chamber), judicial section of the Council of State
b. Details of non-judicial legal activities
1979-80: Legal adviser of the Research Institute for computing and automation
1980-81: "Commissaire de Gouvernement" (advocate general) at the judicial assembly of the Council of State
1988-90: Chairman of the Legal Observatory of information technologies
Since 1995: Chairman of the commission for access to administrative documentation (CADA)
Since 1996: Chairman of the advisory committee for amiable settlement of disputes concerning public contracts
c. Details of non-legal professional activities
1971-73: Junior official at the office of the interministerial delegate for informatics
1973-77: Deputy Director General of the Intergovernmental Bureau for informatics, in Rome
1985-86: President of the French delegation during the negotiations of the Treaty between France and the United Kingdom for the Channel Fixed Link (Canterbury Treaty)
1986-89: Member of the Intergovernmental Commission of the Channel Tunnel
Teaching:
1968-73: Lecturer at the Institute of Political Studies of Paris
1978-79: Lecturer at the National School of Administration of Paris
1985-89: Professor at the International Institute of Public Administration
1989-92: Associate Professor at the Universities of Orleans and Paris I (Panthéon-Sorbonne) (since 1992)
Since 1970: Lectures and conferences at Tunis (National School of Administration), Rome (University "La Sapienza", Oxford (Nuffield College), Washington, Beijing, Athens, Barcelona, Spetses
IV. Activities and experiences in the field of human rights
1971-73: French expert for the Council of Europe working group on computing and protection of privacy
1989-90: Member of the Commission "Criminal law and human rights", set up by the Minister of Justice
1990-91: General rapporteur of the "High committee for integration (of immigrants)"
1993-96: Chairman of the group "Human rights and the role of public agencies" of the International Institute of Administrative Sciences in Brussels
1990: Mission to Romania (1990) and Albania (1991) on behalf of the United Nations Centre for Human Rights
1995: Mission to Albania on behalf of the Council of Europe
1996: Chairmanship of the seminar on human rights in the countries of central, eastern and Baltic Europe (Budapest)
Since 1988: Graduate and post-graduate teaching of civil liberties and human rights
V. Public activities
From 1981-84: "Directeur de Cabinet" (political secretary) of the French Minister of Education, Alain Savary
VI. Other activities
1974-78: Consultant with Unesco
1980-81: Consultant with the United Nations Environment Programme
1993: Mission to Beijing on behalf of UNDP
1985-93: Secretary General of the French Institute of Administrative Sciences
1986-95: Member, then Vice-President of the International Institute of Administrative Sciences
Since 1991: Member of the European Group of Public Law ("Spetses groups")
VII. Publications and other works
Books:
"Les libertés publiques en France et dans le monde" (1986)
"La déclaration des droits de l'homme et du citoyen" (collective work, 1992)
"Le Conseil d'Etat dans la société contemporaine" (1993)
"Les droits de l'homme et le rôle des administrations publiques" (Editor, Bruxelles, 1997)
"Les laïcités à la française" (to be published at the beginning of 1998)
"Le préambule de la Constitution de 1946" (collective work, to be published in 1998)
Articles:
Many articles since 1970 in legal reviews, in particular on civil liberties and human rights
Recently:
"Science administrative et Etat de droit", in "Mélanges en l'honneur de Guy Braibant" (1996)
"Sectes et religions: où sont les différences?" in "Etudes en l'honneur de Georges Dupuis" (1977)
"Le Conseil d'Etat et la Convention européenne des droits de l'homme" (Revue trimestrielle des droits de l'homme, 1997)
"Le juge et les libertés" (to be published in "Pouvoirs" at the beginning of 1998)
VIII. Languages
Mother tongue: French
Official languages:
English: spoken, read, written
Other languages:
Italian: spoken, read, written
Spanish: read, written
IX. Other relevant information
Distinctions:
Officier de la Légion d'Honneur
Officier dans l'Ordre National de Mérite
Chevalier des arts et des lettres
Chevalier des palmes académiques
Yves Gaudemet
I. Personal details
Male
Date and place of birth: 2 April 1946, Paris, France
Nationality: French
Marital status: married, 3 children
II. Education, diplomas and other qualifications
Secondary studies at Lycées Buffon and Louis-le Grand (Paris).
1963: Baccalauréat: mathématiques elémentaires
1967: Licence en droit: Faculté de droit de Paris (mention Bien)
1969: D.E.S. Droit public: Faculté de droit de Paris (mention Bien)
1970: D.E.S. Science politique: Faculté de droit de Paris (mention Très Bien)
1965 and 1967: Lauréat du concours général des facultés de droit
1964, 1965, 1966 and 1967: Lauréat des concours de la Faculté de droit de Paris
1968: Diplômé de l'Institut d'Etudes politiques de Paris (section service public)
1971: Docteur en droit
1972: Agrégé des Facultés de droit
III. Professional activities
a. Judicial activities
Arbitration, especially at the International Chamber of Commerce (I.C.C.) in Paris
Member of the "Juridiction nationale disciplinaire des personnels hospitalo-universitaires"
1986-90: Member of the "Conseil supérieur de l'Education nationale"
and Member of the "Section disciplinaire du conseil de l'Université de Paris"
b. Non-judicial legal activities
Professeur à l'Université de droit de Paris (Paris II — Panthéon-Assas) since 1978
Beforehand: Professeur à la Faculté de droit de Rabat (1971-74), then Professeur à l'Université de Paris X (1974-76) and Paris V (1976-78)
Teachings of "droit administratif général", "contentieux administratif", "droit constitutionnel" and "libertés publiques"
Member of the "Conseil général des mines" (section juridique) (since 1982)
Member of the "Comité du contentieux de la Ville de Paris" (since 1988)
Member of the "Comité juridique de la Fédération nationale des travaux publics"
Elected member of the "Conseil supérieur des Universités"(1982-1986), then since 1995
Expert for the "Conseil du patrimoine privé de la Ville de Paris" (1997)
Activities of legal advice in France and abroad (Morocco, Switzerland, Italy, Lebanon, Mali, Greece, Spain) to States, public organisations or firms
c. Non-legal professional activities
To the French Government:
Chargé de mission auprès du Délégué aux relations universitaires internationales (1975/1977)
Conseiller technique au Cabinet du Secrétaire d'Etat aux Universités (1976/1977)
Conseiller juridique au Cabinet du Ministre de l'Enseignement supérieur (1986-87)
Chargé de mission auprès du Comité d'enquête sur le coût et le rendement des services publics (1983/1984 and 1985/1986)
To international organisations:
Member of the "Commission française pour l'UNESCO"
France's representative in the "Comité des recteurs européens" (1975-78)
Member of the French delegation at the "conférences générales de l'UNESCO" in Nairobi (1976), Paris (1978) and Belgrade (1980), and France's representative at various international conferences organized by UNESCO
Delegate at the IXth "Conférence des cours constitutionnelles européennes" (1993) : "Protection constitutionnelle et protection internationale des droits de l'homme : concurrence ou complémentarité?"
National competitions:
Member of the jury: concours d'Agrégation de droit public (1981)
Member of the jury: entrance examination at the "Ecole nationale d'administration" (E.N.A.) (1976, 1977 and 1978)
Member of the jury: final examination at the E.N.A. (1983)
Member of the jury: concours des administrateurs de la Ville de Paris (1983/1984)
Member of the jury: concours des conseillers de tribunaux administratifs (1984)
Chairman of the jury of the "concours général des Facultés de droit" (droit public) (1997)
IV. Activities and experience in the field of human rights
Teachings, publications, articles and books, participation in seminars
Activities in connection with the UNESCO, the "Conférence des cours constitutionnelles européennes" and the French research centres (v. supra III-c)
V. Publications and other works
a. General presentation
About a dozen published books (v. infra)
More than 200 chronicles, articles or judicial notes published in various political or legal reviews in France and abroad
About 50 prefaces to thesis and various books
Reports and communications in seminars or international conferences
b. Main books
Les juristes et la vie politique de la IIIème République (P.U.F. 1970)
Les méthodes du juge administratif (L.G.D.J. 1972)
Traité de droit administratif. Volume I (en collaboration) (since 1982, most recent edition: 1996)
Traité de droit administratif. Volume II (since 1982, most recent: 1995)
Exercices pratiques de droit administratif (1988 — 4th edition edition 1997)
Traité de droit administratif. Volume IV — (to be published)
Manuel de droit administratif (en collaboration) (since 1982, most recent edition 1995)
Le droit des élections locales (Dalloz, 1991)
Les grands avis du Conseil d'Etat (en collaboration) (1997)
VI. Languages
Mother tongue: French
Official languages:
French: mother tongue
English: reading
Other languages:
General knowledge of German
Régis de Gouttes
I. Personal details
Male
Date and place of birth: 26 October 1940, Paleville, 81 France
Nationality: French
Marital status: married, 4 children
II. Education, diplomas and other qualifications
Law Graduate, Graduate in Higher Studies on Private Law, Comparative Law and Criminal Science. Graduate, Institute for Political Science, Toulouse. National Judicial Training School (top of class 1968). Graduate, International Faculty for Teaching Comparative Law. Diploma of Spanish, Chamber of Commerce, Toulouse.
III. Professional activities
a. Judicial activities
Present functions:
Advocate-General, Court of Cassation (commercial chamber and, since 1996, criminal chamber)
Previous functions:
1969-72: Magistrate, Central Administration, Ministry of Justice
1972-73: Deputy Attorney-General in Nouméa, then in Versailles
1974-78: Magistrate, Ministry of Justice
1978-81: Official representative, Ministry of Foreign Affairs, Legal Adviser to the Legal Affairs Department
1981-83: Chief of international and European criminal law bureau, Criminal Legislation Section, Criminal Affairs and Pardons Department, Ministry of Justice
1983: Assistant Director, Office of the Minister of Justice (Mr Robert Badinter)
1984-85: Deputy Director of Criminal Justice, Criminal Affairs and Pardons Department, Ministry of Justice
1985-89: Deputy Director of Legal Affairs, Ministry of Foreign Affairs
1990-92: Advocate-General, Paris Court of Appeal (appointed to establish the European and International Affairs Service, Ministry of Justice in 1991)
Since 1993: Advocate-General, Court of Cassation (Commerce Chamber and since 1996, Criminal Chamber)
b. Non-judicial legal activities
Elected member (1990-93); Vice-Chairman (1994) and Chairman (1995-96) of the Steering Committee for Human Rights, Council of Europe
Former elected member, European Committee on Crime Problems, Council of Europe (1985-89)
Elected member, United Nations Committee on the Elimination of Racial Discrimination (since 1990)
Former elected member, Board of Trustees, United Nations Interregional Crime and Justice Research Institute, UNICRI, Rome (1990-94)
Member, National Advisory Commission on Human Rights (since 1990)
Member, French International Law Society (Vice-Chairman of the Human Rights section 1997)
Member, International French — Language Legal Institute (IDEF)
Member, European Penal Research Association
IV. Activities and experience in the field of human rights
1975-83: At the Ministry of Justice (Bureau for International and European Criminal Law) and the Ministry of Foreign Affairs (legal adviser), participated in the plenary sessions of the United Nations Commission on Human Rights, the Diplomatic Conference on Humanitarian Law in Armed Conflict (Geneva), various sessions of the United Nations Conference on the Law of the Sea, the consultative group of the United Nations Research Institute for Social Development and Criminological Research (UNRISD), the European Committee on Crime Problems, the Conferences of Ministers of Justice of the Member States of the Council of Europe and the European Communities, and in various committees of experts of the Council of Europe (decriminalisation, criminal law and environment, transfer of sentenced persons, new forms of concerted acts of violence, prevention of torture) and several working parties on legal co-operation between the member states of the European Communities.
1983: As Assistant Director of the Private Office of the French Minister of Justice (Mr Robert Badinter) was in charge of criminal and international affairs, and more particularly of European legal co-operation.
1985-89: As Deputy Director of Legal Affairs at the Ministry of Foreign Affairs, assisted the Directors of Legal Affairs in managing the general activities of the Directorate, particularly with regard to human rights cases (individual applications to the European Commission and Court of Human Rights, proceedings before the United Nations Human Rights Committee and other committees created under United Nations Conventions).
Also elected member of the European Committee on Crime Problems of the Council of Europe from 1985 to 1989.
National level:
In charge of creation of International and European Affairs Department, Ministry of Justice (1991)
Head of the Human Rights and Prevention Division, Public Prosecutor's Office in Court of Appeal, Paris (1991-92)
Member, National Advisory Commission on Human Rights (since 1990) and Vice-Chairman of Sub-Commission of International Affairs of the previous body (since 1996)
Vice-Chairman of the Human Rights Section, French International Law Society (1997)
International level:
Elected member (1990-93), Vice-Chairman (1994) and Chairman (1995-96) of the Steering Committee for Human Rights, Council of Europe — CDDH
Elected member, United Nations Committee on the Elimination of Racial Discrimination — CERD — (since 1990)
Elected member, Board of Trustees, United Nations Interregional Crime and Justice Research Institute — UNICRI, Rome (1990-94)
Former elected member, European Committee on Crime Problems, Council of Europe (1985-89)
Previous activities (1975-89):
V. Public activities
VI. Other activities
See the French version of curriculum vitae for academic teaching in French National Judicial Training School, in several universities and courts, in United Nations Centre for Human Rights, and so on
VII. Publications
Several articles and participation (about 20) in legal reviews and books, in particular in the matter of human rights and European or international judicial co-operation
Examples:
1. "La Convention européenne des Droits de l'Homme et la justice française en 1992" 1992 (Gazette du Palais des 6-7 mars 1992 — No. 66 et 67).
2. "La Convention européenne des Droits de l'Homme et le juge national: vers une consolidation de la mission et du statut du juge?" (Gazette du Palais — 15 janvier 1993 — No. 1-5).
3. "Le juge français et la Convention européenne des Droits de l'Homme: avancées et résistances" (Revue trimestrielle des Droits de l'Homme, 1995, No. 24).
4. "La préparation des rapports français devant les organes mondiaux de protection des Droits de l'Homme" (Cahiers du CEDIN de Nanterre — 1990 — Actes du colloque des 12-13 octobre 1989).
5. "Vers un droit pénal européen?" (Revue de Science criminelle et de Droit Pénal Comparé — 1993, No. 4).
6. "A propos du Tribunal international pour les crimes de guerre commis depuis 1991 dans l'ex-Yougoslavie" (Archives de politique criminelle — Pedone — 1994).
7. Ouvrage collectif sur la Convention européenne des Droits de l'Homme, publié en 1995 (ECONOMICA) sous la présidence de MM. Louis Edmond Pettiti, Emmanuel Decaux et Pierre-Henri Imbert (commentaire de l'Article 5, paragraphe 2 de la Convention européenne de sauvegarde des Droits de l'Homme, p. 203 et suivantes).
8. Ouvrage sur "Le droit français et la Convention européenne des Droits de l'Homme de 1974 à 1992", publié en 1994 (ENGEL) sous la présidence du professeur Frédéric Sudre (p. 49 et suivantes).
9. "Liber amicorum pour M. Marc André Eissen", (Ed. BRUYLANT, Brussels, 1995, p. 187 et suivantes).
10. "Quelle Europe pour les droits de l'homme? La Cour de Strasbourg et la réalisation d'une union plus étroite" (Actes du CREDHO des 11-12 mai 1995, sous la présidence du professeur Paul Tavernier, publié chez BRUYLANT en 1996, p. 217 et suivantes).
11. "Les nouveaux développements du procès équitable européen" (Actes du colloque de la cour de cassation du 22 mars 1996, publiés avec l'université de Strasbourg chez BRUYLANT en 1996).
12. Contribution aux "Mélanges offerts au professeur Georges Levasseur sur le droit pénal et le droit européen: de l'espace judiciaire pénal européen à l'espace judiciaire pénal pan-européen" (LITEC, 1992).
VIII. Linguistic knowledge
Mother tongue: French
Official languages:
French (mother tongue)
English (suitable level for reading, speaking and writing)
Other languages:
Spanish (good level for reading, speaking and writing)
IX. Other pertinent information
Decorations:
Officier d'Ordre national du Mérite
Chevalier d'Ordre national de la Légion d'Honneur
Médaille de l'Administration pénitentiaire
GERMANY
Permanent Representation of Germany
to the Council of Europe
Mr Daniel Tarschys
Secretary General
Council of Europe
Strasbourg
Strasbourg, 25 November 1997
Sir,
With reference to your letters of 23 September 1997 and 6 October 1997 I would like to inform you that the German Federal Government proposes the following candidates for the election of judges to the new European Court of Human Rights.
1. Mr Georg Ress,
Professor of Law at the University of Saarbrücken and Member of the European Commission of Human Rights
2. Mrs Karin Grasshof,
Judge at the Federal Constitutional Court (Bundesverfassungsgericht)
3. Mr Hans Ulrich Widmaier,
Judge at the Federal Administrative Court (Bundesverwaltungsgericht).
The curricula vitae are attached to this letter.
Please accept, Sir, the assurance of my highest consideration.
Johannes Dohmes
Ambassador
Georg Ress
I. Personal details
Sex: male
Date of birth: 21 January 1935
Nationality: German
Marital status: married to Franziska Hammerstein-Equord with three children
II. Education and academic qualifications
1955-59: Studies of law and economics at the Free University of Berlin
1956: Studies at the University of Grenoble (summer programme)
1959: First Juridical State Examination in Berlin
1959-62: Studies of economics and political science at the University of Vienna
1963: Dr.rer.pol., University of Vienna, with a thesis on comparative law (The Jurisdiction of Administrative Courts)
1964: Assessor (Second Juridical State Examination in Berlin)
1966: Studies in American law at the University of Leiden at a summer programme in conjunction with the University of Amsterdam and Columbia University
1972: Dr.iur., University of Heidelberg, with a thesis on constitutional law (Parliamentary Approval of International Treaties)
1976: Habilitation at the Faculty of Law, University of Heidelberg with a (post-doctorate) thesis on international public law (The International Status of Germany); Venia Legendi for German and foreign public law and international law
III. Professional activities
a. Judicial activities
1976-77: Service with the Vice-President W. Zeidler at the Federal Constitutional Court in Karlsruhe (as delegate of the Ministry of Justice of Rhineland-Palatinate)
1980-83: Judge in Arbitration Procedures on Domestic Matters
1980-87: Deputy member of the Constitutional Court of the Saarland
Since 1994: German Member of the European Commission on Human Rights
1995-96: Judge in Arbitration Procedures on International Matters at the Chamber of Commerce in Paris
b. Non-judicial legal activities
1964-66: Research fellow at the Institute for Advanced Studies (Ford Foundation Institute, Vienna)
1965-67: Lecturer at the Academy of Diplomacy in Vienna
1966-76: Research fellow at the Max-Planck-Institute for Foreign Public Law and International Law, Heidelberg
1970-77: Lecturer at the Academy of Public Administration, Karlsruhe
Since 1976: Member of the Executive Council of the International Law Association and Secretary/Vice-President of the German Branch of the ILA; Rapporteur (1988-94) of the Committee on State Immunity and Co-Rapporteur of the Committee on Recognition and Enforcement of Public Foreign Law, Member of the Committee on International Criminal Law and of the Committee on the Application of International Law in Domestic Courts
Since 1976: Lecturer and Guest Professor at numerous universities, inter alia: Edinburgh, Cambridge, Exeter, Oxford, Aix en Provence, Paris, Nancy, Strasbourg, St Denis (Réunion), Geneva, Vienna, Tokyo, Kyoto, Athens, Warsaw, Rome, Helsinki, Cape Town, Johannesburg and in the USA — comprising lectures in the fields of international law, in particular human rights law, law of the European Communities and comparative constitutional law
Since 1977: Full Professor for International and Constitutional Law and the Law of the European Communities at the University of Saarland, Saarbrücken (Germany)
Since 1979: Director of the Institute of European Studies (Europa-Institut) at the University of Saarland
Since 1980: Member of the Law Association "Rechtsforum" in Saarbrücken and its President from 1984-91
Since 1981: Member of the International Law Council of the Foreign Office of the Federal Republic of Germany, Bonn
1991: Elected Associate and since 1997 Member of the Institute of International Law (Geneva)
Since 1995: Director of the Institute of Human Rights at the University of Saarland
Member of numerous associations of the legal profession such as the Vereinigung der Deutschen Staatsrechtslehrer, Deutsche Gesellschaft für Völkerrecht, Société Française pour le Droit International, Deutsche Gesellschaft für Rechtsvergleichung, Arbeitsgemeinschaft für Europarecht, Deutsche Sektion der Internationalen Juristen-kommission, Deutsch-Argentinische Juristenvereinigung
c. Non-legal professional activities
1979-80: Dean of the Department of Law of the University of the Saarland
1979-83: Member of the Senate and of the Research Council at the University of the Saarland
1980-81: President of the General Assembly of the University of the Saarland
1986-88: Vice-President of the University of the Saarland
IV. Activities and experience in the field of human rights
Since 1976: Numerous lectures on the subject of human rights at different universities and numerous publications
1980: Appointment by the Federal Ministry of Justice as Rapporteur at the 5th International Colloquium for the European Convention on Human Rights (in Frankfurt); report on the effects of judgments of the European Court of Human Rights in the member states
Since 1994: German member of the European Commission on Human Rights
Since 1995: Director of the Institute of Human rights at the University of the Saarland, Saarbrücken
1995: First Colloquium of the Institute of Human Rights on the European Convention of Human Rights and the German Legal Order (see Europäische Grundrechte Zeitschrift, September 1996)
1996: Second Colloquium of the Institute of Human Rights on the Freedom of the Press and the Situation of Press Law in Europe (in publication)
V. Public activities
1982-87: Member of the German Commission of Unesco
1989-90: Counsel in the process of the elaboration of the new Constitution of Namibia (January 1990 in Windhoek in relation with the United Nations)
VI. Other activities
Since 1982: Member of the Supervisory Board of the Saarbrücker Zeitung Verlag und Druckerei GmbH
Since 1996: Member of the Committee of Reuters for the Nomination of Trustees, London (on proposal by the Council of Europe)
VII. Publications and other works
Number of books published: 30 (as author, co-author or editor)
Number of articles published: 140 (approx.)
Some of the publications:
Demonstration und Freiheit (Demonstration and Freedom), in: Demonstration und Straßenverkehr (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht Bd. 54), Carl Heymanns Verlag, Köln/Berlin 1970, S. IX-XXXI; Demonstrationsfreiheit und Straßenverkehr in den Vereinigten Staaten von Amerika (Freedom of demonstration and traffic in the United States of America), in: ibidem, S. 171-202 (zusammen mit J. Gorby).
Die Rechtslage Deutschlands nach dem Grundlagenvertrag vom 21 dezember 1972 (The legal status of Germany after the Basic Treaty of 21 December 1972), Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Vol. 71, Springer-Verlag, Berlin/Heidelberg/New York, 1978.
Wechselwirkungen zwischen Völkerrecht und Verfassung bei der Auslegung völkerrechtlicher Verträge (Relationship between international public law and constitutional law in the interpretation of international treaties), Berichte der Deutschen Gesellschaft für Völkerrect, Heft 23, C.F. Müller Verlag, Heidelberg, 1982, S. 7-59 (mit englischer Zusammenfassung). In japanischer Sprache in: Hogaku Kenkyu, Journal of Law, Politics and Sociology, Tokyo, Bd. 56, No. 4/1983, S. 72-94 und No. 5/1983, S. 71-91 (zusammen mit C. Schreuer).
Der diplomatische Schutz im Völker — und Europarecht (Diplomatic Protection in Public International and European Law) (Hrsg. G. Ress/T. Stein), Schriftendes Europa-Instituts der Universität des Saarlandes — Rechtswissenschaft; Bd. 11, Nomos Verlagsgesellschaft, Baden-Baden 1996, ISBN 3-7890-4246-3.
The European Convention of Human Rights and States Parties: The Legal Effect of the Judgments of the European Court of Human Rights on the International Law and before Domestic Courts of the Contracting States, Proceedings of the Fifth International Colloquy about the European Convention on Human Rights, (ed.: Irene Maier), C.F. Müller Juristischer Verlag, Heidelberg, 1982, S. 209-269.
Die "Einzelfallbezogenheit" in der Rechtsprechung des Europäischen Gerichshofs für Menschenrechte (The "case-by-case" decisions in the judicature of the European Court of Human Rights), in: "Völkerrecht als Rechtsordnung, Internationale Gerichtsbarkeit, Menschenrechte", Festschrift für Hermann Mosler, hrsg. v. R. Bernhardt, W.K. Geck, G. Jaenicke, H. Steinberger (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Bd. 81), Springer-Verlag, Berlin/Heidelberg/New York, 1983, S. 719-744.
Die zeitliche Wirkung der Anerkennung der Individualbeschwerde (The temporal effects of the recognition of the individual complaint), Neue Juristiche Wochen-schrift (NJW), 37. Jg., 1984, S. 523-527.
Guarantee, Encyclopedia of Public International Law (Hrsg.: R. Bernhardt), Bd. 7, North-Holland, Amsterdam/New York/Oxford 1984, S. 109-117; Guarantee Treaties, Encyclopedia of Public International Law (Hrsg.: R. Bernhardt), Bd. 7, North-Holland, Amsterdam/New York/Oxford 1984, S. 117-120.
Die Bedeutung der nachfolgenden Praxis für die Vertragsinterpretation nach der Wiener Vertragsrechtskonvention (WVRK) (The relevance of subsequent practice for the interpretation of international treaties), in: R. Bieber/G. Ress (Hrsg.): Die Dynamkik der Europäischen Gemeinschaften/The dynamics of EC-law, Nomos-Verlag, Baden-Baden 1987, S. 49-79.
Germany, legal status after World War II, Encyclopedia of Public International Law (Hrsg.: R. Bernhardt), Bd. 10, North-Holland, Amsterdam/New York/Oxford 1984, S. 191-206.
The Hong Kong Agreement and its impact on international law, in: Domes/Shaw (Hrsg.), Hong Kong — A Chinese and International Concern, Westview Press, Boulder & London 1988, S. 129-166.
First report on developments in the field of STATE IMMUNITY since 1982, 64th ILA-Conference Queensland/Australia, 1990; Second report on developments in the field of STATE IMMUNITY since 1982, 65th ILA-Conference Cairo/Egypt 1992, Cairo/London 1993, S. 290-330.
Ex Ante Safeguards against Ex Post Opportunism in International Treaties: Theory and Practice of International Public Law, in: Journal of Institutional and Theoretical Economics (JITE)/Zeitschrift für die gesamte Staatswissenschaft, (Hrsg.: Rudolf Richter), Bd. 150/1, Verlag J.C.B. Mohr, Tübingen 1994, S. 279-303.
The interpretation of the UN-Charter, S. 25-44; Article 53, S. 722-752; Article 107, S. 1152-1162; in: The Charter of the United Nations, A Commentary, Hrsg. Bruno Simma, Oxford University Press, 1994/95, ISBN 0-19-825703-1.
Les incidences du droit constitutionnel de la Communauté européene sur les droits constitutionnels nationaux, en particulier sur la Loi fondamentale allemande, in Revue Universelle des droits de l'homme/Kolloquium vom 18/19.6.1993, Universität Robert Schuman, Strasbourg, N.P. Engel Verlag, Kehl/Strasbourg, Bd. 7, Heft Nr. 11-12, 1995, S. 434-443, ISSN 0937-714X.
Das Souveränitätsverständnis in den Europäischen Gemeinschaften (The idea of sovereignty in the European Communities) (Hrsg.: G. Ress), Nomos-Verlag, Baden-Baden, 1980.
Über die Notwendigkeit der parlamentarischen Legitimierung der Rechtsetzung der Europäischen Gemeinschaften (Concerning the necessity of a legitimised parliament in the legislative of the European Communities), in: Verfassungsrecht und Völkerrecht, Gedächtnisschrift für Willhelm Karl Geck (Hrsg.: W. Fiedler/G. Ress), Carl Heymanns Verlag, Köln/Berlin/Bonn/München 1989, S. 625-684.
Fact-finding at the European Court of Justice, in: Fact-finding before international tribunals (Hrsg.: Richard B. Lillich), Transnational Publishers Inc., Ardsley-on-Hudson, New York 1992, S. 177-203.
Democratic decision-making in the European Union and the role of the European Parliament, in: Institutional Dynamics of European Integration, Festschrift für Henry G. Schermers, Martinus Nijhoff Publ., Dordrecht/Boston/London 1994, Bd. 11, S. 153-176.
Der Grundsatz der Verhältnishmäßigkeit im deutschen Recht (The Principle of Proportionality in German Law), Rechstaat in der Bewährung, Schriftenreihe der Deutschen Sektion der Internationalen Juristen-Kommission, Vol. 15, 1984.
Staatszwecke im Verfassungsstaat — nach 40 Jahren Grundgesetz (Purposes of the Constitutional State — after 40 years basic law), Veröffentlichung der Vereignigung der Deutschen Staatsrechtslehrer, Band 48 (1990).
Menschenrechte, europäisches Gemeinschaftsrecht und nationales Verfassungsrecht (Human Rights, Law of the European Communities and National Constitutional Law), in: Staat und Recht, Festschrift für Günther Winkler, Springer Verlag Wien-New York 1997, S. 897-932.
Die Pressefreiheit als Schutzobjekt internationaler Menschenrechtsverträge und ihre Auswirkung auf das nationale Recht der Mitgliedstaaten (Freedom of press as object of protection in international treaties on human rights and its consequences for the national law of member states), in: Pressefreiheit und Presserecht in Europa, Hrsg.: Georg Ress (in publication, planned for 1998).
VIII. Languages
Mother tongue: German
Official languages:
English: speaking, reading, writing fluent
French: speaking, reading, writing fluent
Other languages:
Italian: reading ability
Spanish: reading ability
IX. Other relevant information
Offers for other Chairs at the universities of Regensburg (1977), Speyer (1980) and Bonn (1981), all declined
1985: Appointment as Honorary Fellow of the Faculty of Law, Edinburgh
1987: Appointment as foreign member of the Finnish Society of Sciences, Helsinki/Helsingfors
1992: Doctor iuiris honoris causa of the Faculty of Law, Keio University, Tokyo
1992: Doctor honoris causa of the Faculty of Law, University of Paris V
1993: Distinction, großes Goldenes Ehrenkreuz der Bundesrepublik Österreich
Karin Graßof
I. Personal details
Sex: female
Date and place of birth: 25 June 1937 in Kiel
Nationality: German
Marital status: married since 1967 to Ministerialrat (retired) Bernhard Graßhof, two grown up sons (Eike, born 1968, intern at the Medizinische Hochschule in Hanover; Malte, born 1970, lawyer undergoing practical training at a court in Heidelberg)
II. Education and academic and other qualifications
1956: Abitur in Kiel
1956-57: Law studies at the University of Kiel
1957-58: Law studies continued at the University of Lausanne, contemporaneously with studies of the French language at the Ecole française attached to the university
1959-May 1960: Completion of law studies in Kiel by taking the First State Examination in Law (Grade: good)
1960-65: Practical legal training in Schleswig-Holstein and Baden-Württemberg, interrupted by assistant lectureship at Kiel University (under Professor Dr Hermann Lange, Chair in Civil and Roman Law)
1964: Award of doctorate in law by Kiel University and of the faculty prize for my dissertation
June 1965: Second State Examination in Law taken in Hamburg (Grade: good)
III. Professional activities
a. Details of judicial activities
July 1965-July 1966: Judge at the Regional Court (Landgericht) in Kiel
July 1967-75: Judge at the Regional Court in Bonn
April 1977-March 1984: Judge at the Higher Regional Court (Oberlandesgericht) in Cologne
April 1984-October 1986: Judge at the Federal Court of Justice (Bundesgerichtshof) in Karlsruhe
Since October 1986: Judge at the Federal Constitutional Court (Bundesverfassimgsgericht) in Karlsruhe; member of the Second Panel
b. Details of non-judicial legal activities
August 1966-July 1967: Assistant to the Head of Section for the Law of Obligations at the Federal Ministry of Justice in Bonn, involving in particular work on conventions of the Council of Europe
1975-April 1977: Full-time member of the Regional Law Examinations Office at the Ministry of Justice of Land North Rhine/Westphalia in Düsseldorf
1967-84: (Subsidiary to my main professional activities) Chairing of study groups for lawyers preparing for the Second State Examination in Law
1977-84: Examiner for the First and Second State Examinations in Law at the examinations offices at Cologne Higher Regional Court and the Ministry of Justice in Düsseldorf
Since the summer semester 1996: Part-time lecturer at the University of Bonn giving a weekly two-hour class on constitutional law, in particular basic and human rights
IV. Activities and experience in the field of human rights
As a judge at the Federal Constitutional Court, I have been directly concerned with the application of basic and human rights since 1986.
Since 1987, I have been a regular participant in international conferences organised by supreme constitutional courts and courts of special jurisdiction. The topic of human rights has received intensive treatment at these conferences.
V. Public activities
In view of my having held virtually unbroken office as a judge since 1965, I have not engaged in any political activity. I am not a member of a political party.
VI. Other activities
For other activities outside of my work as a judge I have not had much time since assuming my very heavy workload at the Federal Court of Justice and the Federal Constitutional Court. Previously, I served as a church warden at our local Protestant (evangelisch) church.
Since 1990, I have been active on the organising committee of the Law Studies Society in Karlsruhe and since 1995 I have been chair of the Association of Judges of the Federal Constitutional Court.
VII. Publications and other works
Der Ausbildungsanspruch der Stiefabkömmlinge nach § 1371 Abs. 4 BGB (Stepchildren and their right to education and training under Section 1371 sub-section 4 of the German Civil Code), 1966.
Ein Hoher Kommissar für Menschenrechte bleibt das Ziel (A High Commissioner for Human Rights remains the aim), United Nations 1974, pp. 13 ff.
Zur Rechtsmittelzuständigkeit in Familiensachen (Competence to grant leave to appeal in family matters), in the journal FamRZ, 1978, pp. 323 ff.
Commentary on the substantive divorce law contained in sections 1564 to 1568 of the German Civil Code, in: Das Bürgerliche Gesetzbuch mit besonderer Berücksichtigung der Rechtsprechung des Reichsgerichts und des Bundesgerichtschofs (The Civil Code with special reference to the case law of the Reich Court of Justice and the Federal Court of Justice), 12th edition, 1983 and 1987.
Die Härtelkausel im Ehescheidungsrecht (The hardship clause in divorce law) in Festschrift für Wolfgang Zeidler, Vol. 1, 1987, pp. 837 ff.
Zur Ausländerwahlrechtsentscheidung des Bundesverfassungsgerichts (The Federal Constitutional Court decision on the enfranchisement of aliens), in the local government journal Die Gemeinde, 1991, pp. 107 ff.
Zur Beweiskraft der Zustellungsurkunde hinsichtlich der Wohnung des Zustellungsadressaten (The evidentiary force of the certificate of service in respect of the addressee's dwelling), Festschrift für Franz Merz, 1992, pp. 133 ff.
Jenseits von Applaus und Schelte, Anmerkungen zum Urteil des Bundesverfassungsgerichts zu § 218 StGB (Beyond applause and criticism, observations on the Federal Constitutional Court judgment on section 218 of the German Criminal Code) in: Das zumutbare Kind, 1993.
Verfassungsrechtliche Gewährleistungen im Auslieferungsverfahren (Constitutional guarantees in extradition proceedings), in the journal EuGRZ, pp. 445 ff.
Wertewandel und Verfassungsgerichtsbarkeit im Spiegel der verfassungsrechtlichen Rechtsprechung zum Strafrecht (Changing values and constitutional jurisdiction as reflected in the constitutional case law on the criminal law) in: Werteordnung im Wandel, Stuttgart: Baden-Württemberg Ministry of Justice, 1996, pp. 40 ff.
Gewaltenteilung aus der Sicht der Verfassungsgerichte, Landesbericht Bundesrepublik Deutschland (National report — Germany, Constitutional Court, in: Separation of powers in the jurisprudence of constitutional courts. National reports of the 10th conference of the European Constitutional Courts, 1997, pp. 221 ff.
VIII. Languages
Mother tongue: German
Official languages:
My very good knowledge of French, acquired during my time as a student and made use of on my secondment to the Federal Ministry of Justice, can be refreshed quickly
When participating in international conferences, I have generally used English. In this language I also read professional publications. Here too, I would work hard at refreshing my knowledge of the language.
The very heavy workload as a judge has made regular language training impossible.
Ulrich Widmaier
I. Personal details
Sex: male
Date and place of birth: 8 May 1943, Stuttgart
Nationality: German
II. Education and academic and other qualifications
4.3.63: Final school-leaving examination ("Abitur") at Karl Grammar School in Stuttgart
1.4.63-31.3.65: Military service, discharged with the rank of lieutenant
19.3.70: First State Examination in Law
1972: Judicial service trainee at Regio Basiliensis in Basle (international cross-border co-operation between Germany, France and Switzerland). Developed a model which was realised in the context of the Euregio concept and in preparation for the establishment of the German-French-Swiss Government Commission
28.9.73: Second State Examination in Law
13.2.75: Awarded the Degree of Dr.jur
Since 1992: Teaching appointment in Public Law, Military Law and International Law at the University of the German Armed Forces in Munich; interchange of experience with officers from various European countries
Honorary professorship in prospect for the near future
III. Professional activities
a. Judicial activities
Since April 1990: Federal Judge at the Supreme Federal Administrative Court (Bundesverwaltungsgericht), a Supreme Court in the Federal Republic of Germany: personnel law, complaints and disciplinary matters of members of the armed forces, including constitutional rights and human rights
b. Non-judicial activities
1975-78: Legal adviser to the Metal Industry Association of Baden-Württemberg
1978-90: Legal officer of the city of Stuttgart, the state capital of Baden-Württemberg; also head of the Public Order Department (Amt für öffentliche Ordnung); as Chief City Legal Director under the direct supervision of Lord Mayor Rommel, with responsibility among other things for the Public Order Department, the Personnel Department and the Legal Department; dealt with all civil law, criminal law and public law matters of the state capital, including also issues of EC law; prepared submissions for the city to legislative bodies, eg Baden-Württemberg State Parliament
IV. Activities and experience in the field of human rights
1978-90: As deputy head of the Legal Department, as head of the Public Order Department and Chief City Legal Director responsible among other things for matters relating to aliens and asylum, residence permits, temporary residence permits, etc, with the corresponding practical experience; involved in the establishment of the Foreigner's Advisory Council of the State Capital Stuttgart
Since 1990: Federal Judge at the Supreme Federal Administrative Court (Bundesverwaltungsgericht), dealing with the protection of human rights in the armed forces( eg complaints and disciplinary matters of soldiers)
Since 1992: Teaching at the University of the German Armed Forces in Munich in the fields of public law, disciplinary law of the soldiers and international law
In addition, academic experience with the European Convention on Human Rights in the form of publications (see Publications)
V. Public activities
Member of working parties on legal policy matters at national and regional level
Associate editor of the specialist journal, "Die Personalvertretung" (a publication devoted to all areas of personnel matters)
VI. Other activities
As a former close aide to Lord Mayor Rommel — the co-ordinator of German-French co-operation, together with the French Minister André Bord, the co-ordinator of French-German relations — promoted the town twinning arrangements between Stuttgart and Strasbourg, and also those between Stuttgart and Cardiff
VII. Publications and other works
Appendix 1
VIII. Languages
Mother tongue: German
Official languages:
English: fluent in speaking, reading and writing
French: fluent in speaking, reading and writing
IX. Other relevant information
Member of the German-English Society for approx. 30 years
Meetings and exchange of views with members of the Congress of Municipalities and Regions of Europe
Meetings and exchange of views with the President of the European Court of Auditors and the German Solicitor General at the European Court of Justice in Luxembourg, Mr Siegbert Alber
APPENDIX 1
Publications
Mitautor des Standardkommentars der Bundesrepublik Deutschland zum Bundespersonalvertretungsgesetz von Grabendorff-Windscheid-Ilbertz-Widmaier (derzeit 8. Aufl. 1995, Kohlhammer Verlag) mit Darstellung der verfassungsrechtlichen Grundlagen und der Individualrechte des Einzelnen.
Vorschläge zur künftigen Verbesserung der grenzüberschreitended Zusammenarbeit zwischen Deutschland, Frankreich under der Schweiz, hrsg. von der Regio Basiliensis in Basel, 1972.
Die Spannungen zwischen den Gruppeninteressen und dem Interesse des Staats in der Mitbestimmung der Organe der Personalvertretung; juristische Dissertation 1975.
Die nach dem Personalvertretungsrecht bindende Entscheidung der Einigungsstellen in der Staatsverwaltung aus verfassungsrechtlicher Sicht. In: Die Personalvertretung, 1975, S. 412.
Überlegungen zum personalvertretungsrechtlichen Letztentscheidungsrecht der Gesamtregierung in personnellen Angelegenheiten der Beamten. In: Die Personalvertretung, 1976, S. 447.
Zur Abgrenzung des Arbeitsrechts vom öffentlichen Diesntrecht. Dargestellt am Personalvertretungsrecht (§ 1 BpersVG und § BetrVG). In: DIe Personalvertretung, 1978, S. 229.
Die Rechtsprechung zur Gewerkschaftlichen Betätigung von Personalratsmitgliedern. In: Die Personalvertretung, 1980, S. 323.
Zur Zustimmungsverweigerung des Personalrats — eine Anmerkung zu Bundesverwaltungsgericht, Beschluß vom 20.6.1986 — 6 p 4.83. In: Recht im Amt. 1987, S. 10.
Mitbestimmung in oprganistorischen Angelegenheiten (Vortrag vor der Hans-Böckler-Stiftung). In: Die Personvertretung, 1988, S. 289
Aktuelles zum Personalvertretungsrecht unter besonderer Berückschtigung aus den Bereichen der §§ 69, 75, 76 BPersVG (Vortrag, gehalten auf der Fortbildungsveranstaltung der Hochschulkanzler an den Wissenschaftlichen Hochschulen vom 6. bis 8. June 1989 in der Universität-Gersamthochschule Essen). In: Die Personalvertretung, 1989. S. 421.
Der Gleichbehandlungsgrundsatz in der jüngeren Rechtsprechung des Bundesarbeitsgerichts. In: Zeitschrift für Tarifrecht, 1990. S. 359.
Die Rechtsprechung des Bundesverwaltungsgerichts zum Wehrdisziplinarrecht. In: Die Personalvertretung, 1992. Heft 12.
Gedanken zum Grundrechtsschutz im Verhältnis der Europischen Union/Europäischen Gemeinschaft zur Europäischen Mensenchrechtskonvention und zur Schließung einer Rechtsschutzlücke
Beitrag in der Festschrift für den früheren Kanzler der Parlamentarischen Versammlung des Europarats, Dr. Heinrich Klebes
Zur Wahrung der Menschenwürde in den Streitkräften: Bedeutung der Grundrechte mit Ausblick auf die Europäische Menschenrechtskonvention. In: Die Personalvertretung, Festschrift zum 40-jährigen Bestehen der Zeitschrift.
GREECE
The Minister of Foreign Affairs
Ref. No. 1912
Athens, 23 October 1997
Dear Secretary General,
With reference to your letter dated 6 October 1997, concerning the election of judges for the new permanent Court of Human Rights of the Council of Europe, I would like to reiterate Greece's determination as to the importance of safeguarding an effective mechanism for the Protection of Human Rights within the framework of the Council of Europe.
In this respect, and after thorough examination of the qualifications of those who expressed interest to contribute to this effort by putting forward their candidatures to become judges to the new permanent Court, I have instructed our Permanent Representative to the Council of Europe to submit the curricula vitae of Professor (a) Christos Rozakis — actually a member of the European Commission of Human Rights, (b) Georgios Papadimitriou and (c) Linos-Alexander Sicilianos.
I seize this opportunity, Mr Secretary General, to reiterate my personal attachment and respect to the principles of the Council of Europe.
Theodoros Pangalos
Mr Daniel TARSCHYS
The Secretary General of
the Council of Europe
Strasbourg, France
Permanent Representation of Greece
to the Council of Europe
Strasbourg, 7 November 1997
Ref.: 6703/25/AS 1468
Dear Mr Secretary General,
Further to my letter addressed to you on 29 October, I would like to clarify that the list of the candidates for the election of the Judges according to the stipulations of Protocol 11, has been set up in the order of preference by the Greek Government.
In that context, I would be grateful if you would communicate the above-mentioned element to the Parliamentary Assembly when you submit the curricula vitae of the three Greek candidates.
Please accept, Mr Secretary General, the assurances of my highest consideration.
Dimitri Constas
Ambassador
Permanent Representation of Greece
to the Council of Europe
Strasbourg, 29 October 1997
Ref.: 6703/25/AS 1388
Dear Mr Secretary General,
Further to your letter dated 6 October 1997, addressed to the Minister of Foreign Affairs of Greece, Mr Theodoros Pangalos, concerning the election of judges to the new Court of Human Rights, I have the honour to transmit the requested curricula vitae regarding the following three candidates proposed by the Greek Government:
1. Mr Christos L. Rozakis
2. Prof. Dr. Georgios Papadimitriou
3. Mr Linos-Alexander Sicilianos
Yours sincerely,
Dimitri Constas
Ambassador
Christos L. Rozakis
I. Personal details:
Sex: Male
Date and place of birth: 17 May 1941, Athens
Nationality: Greek
II. Education, academic and other qualifications
1965: Graduate in Law, University of Athens, School of Law
1970: Master of Laws (LL.M), University of London, UCL, Faculty of Laws
1971: Master of Laws (LL.M), University of Illinois, College of Law
1973: Doctor of the Science Law (J.S.D), University of Illinois, College of Law
1971-72: also attended courses at the Graduate Institute of International Studies of the University of Geneva
III. Professional activities
a. Details of judicial activities
1987: Member of the European Commission of Human Rights (Council of Europe)
1993-95: Vice-President, First Chamber, the European Commission of Human Rights
1995-96: President, First Chamber and Executive Vice-President of the European Commission of Human Rights
b. Details of non-judicial legal activities
1975-77: Lecturer, Pantion University of Social and Political Sciences, Athens
1977-80: Assistant Professor, Pantion University of Social and Political Sciences, Athens
1980-86: Professor, First Chair of Public International Law, Pantion University of Social and Political Sciences, Athens
1991-94: Professor of Public International Law, School of Law, Economics and Political Sciences
c. Details of all non-legal professional activities
1991-94: Dean of the School of Law, Economics and Political Sciences
September 1996-February 1997: Undersecretary of State
IV. Activities and experience in the field of human rights
1987: Member, the European Commission of Human Rights
1993-95: Vice-President, First Chamber, the European Commission of Human Rights
1995-96: President, First Chamber and Executive Vice President of the European Commission of Human Rights
1983: President of the Ad hoc Group of the European Commission (European Union) for the accession of the European Communities to the European Convention of Human Rights
Member of the Greek delegation to the UN Commission of Human Rights
Member of the Hellenic Society of Human Rights
V. Public activities
Preparation and organisation of numerous conference, seminars and workshops in the field of International Law, Human Rights, etc.
Teaching at various schools of continuous education (Academy of Diplomatic Studies, Ministry of Foreign Affairs, School of National Defence, Ministry of Defence, etc.)
VI. Other activities
1977: Visiting Scholar (invited), Law of the Sea Institute, Rhode Island
1977: UNITAR Fellow
1977: Certificate, Centre for Studies and Research, The Hague Academy of International Law
1985: Walter Levi Fellow, Council on Foreign Relations, New York
1980-82: Vice-President, Hellenic Society of Political Science
1983-85: President, Hellenic Society of International Law and International Relations. Member of the Board, 1985
1985-86: Visiting Scholar, Graduate Institute of International Studies
1993-96: Secretary General, Hellenic Foundation for European and Foreign Policy (ELIAMEP), Member of the Board, 1988-96
Visiting Fellow, Brasenose College, Oxford University (for the second semester of academic year 1997-98)
Also, member of the Scientific Board of various journals and periodicals
Participant, panellist or lecturer to a number of international scientific conferences, academic lectures, round tables, etc. mainly in the fields of international law of the sea, Greek foreign policy, human rights, etc.
VII. Publications and other works
Books
The concept of Jus Cogens in the Law of Treaties (Amsterdam, North Holland, 1976)
The Law of the Sea as developed through the claims of the coastal states (in Greek, Athens, Papazisi, 1976)
The Demilitarisation of the Greek-Turkish Borders (in Greek, Athens, Pantios, 1977)
The Aegean and the Greek-Turkish Crisis (in Greek, Athens, Metopi, 1979)
The International Legal Regime of the Greek Rivers and Lakes (in Greek, Athens, Sakkoulas, 1980)
Public International Law: The Sources of International Law (with Professors A. Fatouros, K. Ioannou and C. Economides, in Greek, Athens, Sakkoulas, First volume: 1983, Second volume: 1990)
The New Law of the Sea (edited together with C. Stefanou, Amsterdam, North Holland, 1983)
An Introduction to International Politics (in Greek, Athens, Sakkoulas, 1985)
Greek Foreign Policy, 1974-81 (in Greek, Athens, Malliaris-Paidia, 1986)
The Turkish Straits (with Petros Stagos, Dordrecht, New York, Marinus Nijhoff, 1987)
Greek Foreign Policy and the European Community (Athens, Foundation of Mediterranean Studies, 1987)
An Analysis of the Judgment of the ICJ in the Libya-Malta case (in Greek, Foundation of Mediterranean Studies, 1989)
The Protection of Human Rights in a Changing Europe: Self-Determination and Minorities in the European Community Policy (in Greek, Athens, Sakkoulas, 1994)
Political and Legal Aspects of the Interim Accord of New York between Greece and FYROM (in Greek, Athens, Sideris, 1996)
Articles
"The Law on Invability of Treaties" 16 Archiv des Volkerrechts 150 (1974)
"Terrorism and the International Protected Persons", 23 International and Comparative Law Quarterly 32 (1974).
"The Conventional Arrangements on Hydro-economy between Greece and Bulgaria, Turkey, Yugoslavia", in Zacklin, R. Caflish, L., (eds). The Legal Regime of International Rivers and Lakes (The Hague, Martinus Nijhoff (1981)
"La politique étrangère grècque, 1974-85: Modernisation et role international d'un petit état, 41 Les Temps modernes 861 (1985, n. 473)
"La position des organes de la convention européenes des Droits de l'Homme a l'égard des actes de l'ordre juridique communautaire", LA protection des droits de l'homme dans le cadre européen, Lliopoulos-Stragas, 1., (ed), Baden-Baden, Nomos Verlag, 1993.
"The European Community Policy in Eastern Europe: An effort to balance continuity and change in the continent", in questions in Europe, Grigoriou P., (ed) Brussels: PUE, 1984.
"The international protection of minorities in Greece" in Greece in a changing Europe (Featherston, K. Ifantis, K. (eds), Manchester: University Press, 1996)
"The Greek Continental Shelf", in Greece and the Law of the Sea
(Kariotis), Th., (ed), The Hague: Kluwer Law International, (1997).
Et al.
VIII. Languages
Mother tongue: Greek
Official languages:
English: Excellent (speaking, reading and writing)
French: Excellent (speaking, reading and writing)
Other languages:
Italian (working knowledge)
Georgios Papadimitriou
I. Personal details:
Sex: Male
Date of birth: 1944
Nationality: Greek
II. Education, academic and other qualifications
1962-68: Studies at Thessaloniki University
1968-72: Heidelberg University
1977-78: Paris-I University
1972: Doctor at Law
1971-72: Fellow-Research at the "Institut fuer Internationales Recht" of Kiel and at the Max-Plank Institut of Foreign Public and International Law of Heidelberg (1972-74)
1975-79: Tutor at the Law School of Thessaloniki University
1979-84: Professor of Constitutional Law at Thrace University and Athens University (1993-95)
1984-86, 1988-90, 1990-92: Director of the Section of Public Administration
Since 1987 he is holding a postgraduate seminar on contemporary constitutional problems and on the protection of human rights
III. Professional activities
a. Details of judicial activities
Lawyer, member of the Athens Bar since 1976, appointed at the Supreme Court since 1979. He deals especially with cases concerning constitutional, administrative and environmental as well as European law, focusing on issues related to the protection of human rights. In his capacity he has drawn up many legal advisory notes
b. Details of non-judicial legal activities
...
c. Details of all non-legal professional activities
Since February 1996 he has been legal adviser of the Prime Minister Mr C. Simitis. In his capacity he has dealt with many important issues especially in the filed of public law and international law. Since March 1996 he has been appointed as a member of the Scientific Board of the Ministry of Foreign Affairs
IV. Activities and experience in the field of human rights
He is a member of many Greek and international associations and scientific organisations associated with issues of human rights' protection and problems of the modern democracy
V. Public activities
He participated in many preparatory committees by drafting important laws as the Law of the Equality of Women (1982-83), the Law of the Protection of Individuals from Data (1983-86)
VI. Other activities
VII. Publications and other works
He is member of the editorial board of the following law reviews: "The Constitution", "Defense", "Law and Nature" and he also participates as a director in the following scientific publications: "Studies of Constitutional Law" and "Documents of Constitutional Law" (since 1981), "Administration and State" (since 1991) and "Law and Nature" (since 1996)
VIII. Languages
Mother tongue: Greek
Official languages:
English: Excellent (speaking, reading, writing)
French: (speaking, reading, writing)
Other languages:
German (speaking, reading, writing)
Linos-Alexandre Sicilianos
I. Personal details
Sex: male
Date and place of birth: 9 May 1960, Athens
Nationality: Greek
II. Education, academic and other qualifications
Member of the Athens Bar, currently lawyer at the court of appeal; specialist in human rights and community law. Filing of applications to the Strasbourg bodies. Pleading before the Court of Justice of the European Communities
Researcher, then principal researcher and, since May 1996, director of the Marangopoulos Foundation for Human Rights. In these capacities: publication of eight studies; management, co-management and supervision of the production of four anthologies (cf. list of publications below); organisation of several international conferences, colloquies and seminars on human rights (cf. V below); representation of the Foundation at various expert meetings, intergovernmental conferences, etc.; planning and supervision of all activities of the Foundation and its documentation centre in accordance with the instructions of the board of directors
1983: Master of Law, University of Athens, first class honours (9/10)
1984: DEA in International Law, Robert Schuman University, Strasbourg; first place in class.
1985: Certificate of competence for the profession of lawyer
1986: Doctorate in law, Robert Schuman University, Strasbourg, with distinction and special commendation by the panel
1990: Authorisation to supervise research, Robert Schuman University, Strasbourg.
III. Scholarships and distinctions
1985: Scholarship from the Hague Academy of International Law (international public law session)
1986: Scholarship from the Council of Europe (Directorate of Legal Affairs)
1986: Accepted to give a seminar with the Secretariat of the European Commission of Human Rights
1990: Prizewinner, Robert Schuman University, Strasbourg
1990: Grant from the French Ministry of National Education for publication of thesis
1992: Paul Guggenheim international prize
1992: Georges Tenekidis Hellenic prize
1996: 1st prize of the Bodossakis Foundation in the field of legal science
IV. Professional activities
a. Details of judicial activities
1985: Member of the Athens Bar, currently lawyer at the court of appeal; specialist in human rights and community law. Filing of applications to the Strasbourg bodies. Pleading before the Court of Justice of the European Communities
b. Details of non-judicial legal activities
1991: Researcher, then principal researcher and, since May 1996, director of the Marangopoulos Foundation for Human Rights. In these capacities: publication of eight studies; management, co-management and supervision of the production of four anthologies (cf. list of publications below); organisation of several international conferences, colloquies and seminars on human rights (cf. IV below); representation of the Foundation in various expert meetings, intergovernmental conferences, etc.; planning and supervision of all activities of the Foundation and its documentation centre in accordance with the instructions of the board of directors
1992: Unanimously elected senior lecturer at the University of Athens (4 candidates); (December) (cf. IV below for teaching activities)
1996: Scientific collaborator with the Greek Ministry of Foreign Affairs
c. Details of all non-legal professional activities
Faculty of Law, University of Athens
International public law (general course, 2nd semester)
International and European protection of human rights — humanitarian law ("Political science" section, 5th and 7th semester)
International and European protection of human rights — humanitarian law ("Law" section, 4th semester)
Introduction to public international law (semestrial course for Erasmus students in English, winter semester)
Sanctions in international law, DEA international law course (1st semester)
Relations between internal and international law. DEA international law course (2nd semester)
International Institute of Human Rights:
25th study session, Strasbourg, July 1994, course entitled: Scientific and technical progress and human rights, see publication No. 19
The Hague Academy of International Law:
Study director of Francophone section for the 1996 public international law session (22 July-9 August 1996)
Council of Europe seminars on the European Convention on Human Rights:
Invited to lecture in a series of seminars organised by the Directorate of Human Rights of the Council of Europe for judges and lawyers as part of the "Demosthene" programme
Ljubljana and Maribor (Slovenia), 1-2 June 1995: Articles 5 and 6 of the ECHR.
Sofia (Bulgaria), 30-31 May 1996: Articles 5 and 8 of the ECHR: Application of the ECHR in Greece
Prague (Czech Republic), 21-22 October 1996: Article 8 of the ECHR
Invited to organise a seminar in Athens for Greek judges and lawyers on Recent developments in the application of the ECHR (4 October 1996); emphasis placed on The protection of private and family life
University institute of higher international studies, Geneva:
Guest lecturer (summer semester of academic year 1996-97)
V. Activities and experience in the field of human rights
Organisation of an international colloquy on International covenants on human rights 25 years after their adoption; Marangopoulos Foundation for Human Rights (MFHR) in collaboration with the United Nations Information Centre in Athens, 18-19 December 1991. Report on The activities of the Committee on Economic, Social and Cultural Rights
Co-organisation of an international conference on The Protection of Human Rights in Periods of Democratic Transition: Europe and Latin America; MFHR-Washington College of Law of the American University, Washington, 6-7 April 1992
Co-organisation of an international colloquy on the CSCE: the human dimension and the settling of disputes, MFHR-CEDIN, Athens, 29-30 January 1993. Report on The mechanism of the human dimension (cf. publication No. 16)
Organisation of an international expert meeting on New forms of discrimination: immigrants, refugees, minorities; Unesco-MFHR, Olympia, 13-14 May 1994. Report on The expulsion of immigrants: seeking an international prescriptive framework (cf. publication No. 21)
Co-organisation of a round table on The protection and promotion of children's rights, MFHR-Pedagogical Department of the University of Thrace (on the occasion of the 50th anniversary of the UN), Alexandroupolis (Greece), 25 May 1995
Co-organisation of a colloquy on Racism and xenophobia: national and international challenges; MFHR-Greek Centre of European Studies, Heraklion (Greece), 12 October 1995. Report entitled: Freedom of expression and racial discrimination: the Jersild judgment
Organisation of an international conference on The UN and human rights; MFHR-University of Athens (on the occasion of the 50th anniversary of the UN), Aula Magna of the University of Athens, 11-12 December 1995
Organisation of an international colloquy on The protection of minorities in Europe: the Framework Convention of the Council of Europe for the protection of national minorities; Directorate of Human Rights of the Council of Europe-MFHR, Athens, 9-10 May 1996. Report on The collective aspects of individual rights (cf. publication No. 26)
Organisation of a meeting of experts on The emergence of an international electoral law: MFHR-AUPELF-UREF, Olympia, 24-25 May 1996
Organisation of a seminar on Recent developments in the application of the ECHR: Directorate of Human Rights of the Council of Europe-MFHR, Athens, 4 October 1996. Report on The protection of private and family life
VI. Public activities
Helsinki, July 1992, CSCE Summit
2nd and 4th preparatory committees, World Conference on Human Rights, Vienna, 14-25 June 1993
27th Unesco general conference, October-November 1993, member of the Greek delegation
United Nations Summit on Social Development, Copenhagen, 6-12 March 1995
Greek representative at the seminar of the UN Centre for Human Rights on Evaluating the application of the International Convention on the elimination of all forms of racial discrimination, Geneva, 9-13 September 1996
Member of the Greek delegation to the 3rd Committee (social, humanitarian and cultural affairs) of the United Nations General Assembly, 51st session, New York, 5-20 November 1996
Greek representative at the 41st and 42nd meeting of the DH-PR, Strasbourg, 10-13 March 1997, 15-18 September respectively
VII. Other activities
...
Participation in colloquies, seminars and missions
Since 1987, participation as rapporteur or speaker at colloquies, seminars and international expert meetings held in Belgium, Ivory Coast, United States, Finland (expert, Council of Europe guest), France (SDFI guest; expert, Council of Europe guest, etc.), Greece, Hungary, Italy, Netherlands, Portugal, Russia (Unesco guest), Switzerland, Tunisia, Ukraine (expert, Council of Europe guest) and Moldova (expert, Council of Europe guest)
Participation in international competitions
1986: Member of the team of Robert Schuman University, Strasbourg, semi-finals, "Jessup Moot Court Competition", Washington DC
1989, 1990: Member of the semi-finals jury, international René Cassin human rights competition, Strasbourg
1994: Co-director of the University of Athens team, semi-finals, "Telders Moot Court Competition", The Hague
Membership of scientific societies
French International Law Society (FILS)
Greek society of international law and international relations
Association of auditors and former auditors of the Hague Academy of International Law
VIII. Selected publications
L.-A. Sicilianos, Les mesures conservatoires indiquées par la Cour internationale de justice, Mémoire de DEA, Strasbourg, 1984 (88 p.).
L.-A. Sicilianos, Les réactions décentralisées à l'illicite: des contre-mesures à la légitime défense, Thèse, Paris, LGDJ, 1990 (532 p.), avant-propos du juge Nicolas Valticos, préface du professeur Denys Simon1.
La privation de liberté dans le système pénal et les droits de l'homme (ouvrage collectif, L.-A. Sicilianos, secrétaire de rédaction), publication de la Fondation Marangopoulos pour les droits de l'homme, Athènes, bibliothèque juridique, 1991 (451 p. en grec et en français).
Droit international et politique internationale, vol. 21-22 (ouvrage collectif, L.-A. Sicilianos, secrétaire de rédaction), Thessalonique, Paratiritis, 1992 (375 p. en grec).
E. Decaux, L.-A. Sicilianos (sous la direction de), CSCE: Dimension humaine et règlement des différends, publication du Cedin et de la Fondation Marangopoulos pour les droits de l'homme, Paris, Montchrestien, 1993 (284 p. en français et en anglais).
E. Divani, L.-A. Sicilianos, A. Skordas (sous la direction de), Crises internationales et interventions de l'organisation internationale: Golfe persique et ex-Yougoslavie, Athènes, Sakkoulas, 1994 (465 p. en grec).
L.-A. Sicilianos (sous la direction de), Nouvelles formes de discrimination/New Forms of Discrimination. Actes du séminaire international d'experts sur la prévention des discriminations à l'égard des immigrés, des réfugiés et des personnes appartenant à des minorités, organisé par l'Unesco et la FMDH à Olympie (Grèce) les 13 et 14 mai 1994. Message de S.E. Federico Mayor (directeur général de l'Unesco), Paris, Pedone, 1995.
A. Bredimas et L.-A Sicilianos (sous la direction de), La protection des minorités en Europe: la Convention-cadre du Conseil de l'Europe sur la protection des minorités nationales. Actes du colloque organisé par le Conseil de l'Europe et la Fondation Marangopoulos pour les droits de l'homme à Athènes les 9 et 10 mai 1996. Avant-propos de M. Daniel Tarschys (Secrétaire Général du Conseil de l'Europe), Athènes, Sakkoulas (environ 250 p. à paraître).
"Les mesures conservatoires dans l'affaire des activités militaires et paramilitaires au Nicaragua et contre celui-ci", Revue hellénique de droit international, 1984, p. 209-240.
"La 'contre-violence' unilatérale. Pratiques étatiques et droit international", coauteur avec le professeur D. Simon, AFDI 1986, p. 53-78.
"L'expérimentation biomédicale ─ Textes internationaux et pratiques étatiques", dans Expérimentation biomédicale et droits de l'homme, Paris, PUF, 1988, p. 217-300.
"L'invocation de la légitime défense face aux activités d'entités non étatiques", Annuaire de La Haye de droit international, 1989, p. 147-168.
IX. Languages
Mother tongue: Greek
Official languages:
English, French (excellent)
Other languages:
Italian, German (notions of Spanish)
HUNGARY
Minister for Foreign Affairs
Republic of Hungary
Mr Daniel Tarschys
Secretary General
Council of Europe
Strasbourg
Budapest, 4 November 1997
Dear Mr Secretary General,
I have the honour to submit hereby the names of the candidates — in order of preference — on behalf of the Republic of Hungary to the new European Court of Human Rights, along with their respective curricula vitae.
The list of candidates is as follows:
Dr Tamás Bán
Dr András B. Baka
Dr Lipót Höltzl
Please accept, Mr Secretary General, the assurances of my highest consideration.
László Kovács
Tamás Bán
I. Personal details
He was born on 1 March 1932 in Budapest
Nationality: Hungarian
Married since 1956, his wife is a Supreme Court judge. His son is a journalist
II. Education and other qualifications
He graduated from the Law Faculty, University Eötvös Lóránd Budapest, in 1955, then Doctor of Law.
Gets scholarship from the French Government in 1960; postgraduate studies in comparative law with Professor René David, at the Law Faculty of the Sorbonne University, Paris, 1960-61.
From 1963, he attends the summer courses of the International Comparative Law Faculty in Strasbourg, gets comparative law degree in 1966.
III. Professional activity
Member of the Szaékesfehérvár Prosecution Office, 1956-59. He joins the Ministry of Justice in 1962. Until his retirement in 1997 he has served in this ministry between 1962 and 1972, as member of the legislative section, dealing with the drafting of laws, mostly in the field of civil law. In 1972 he was appointed to lead as Director General of the International Law Division. Responsible, among other things, for the preparation of laws in the field of private international law, international trade law, and international criminal law. As head of many Hungarian delegations he has negotiated more than 30 treaties covering legal assistance in both: civil and criminal matters, extradition, transfer of sentenced persons, recognition and enforcement of foreign judgments in civil and commercial matters.
He took the initiative of, and played a key role in Hungary's re-entry to the Hague Conference on Private International Law in 1984.
IV. Activities and experience in the field of human rights
Since Hungary joined the Council of Europe and signed the Convention for the Protection of Human Rights and Fundamental Freedoms in 1990 he dedicated his activities completely to human rights matters, inter alia:
He led the team appointed by government to analyse the whole legal system in the light of the provisions of the Convention and the case-law of the Strasbourg organs and to make suggestions to enact new laws or amend existing ones in order to ensure compliance with the Convention's requirements. Following this two year long analysis, many new laws have been adopted, others have been modified.
After the ratification of the Convention he was appointed to represent the government in proceedings before the Strasbourg organs. Before his retirement he was the Agent of the government in proceedings before the Commission, (so far no Hungarian case has been brought before the Court).
As an expert of the Council of Europe he assisted many central and eastern European countries to prepare the ratification of the Convention; he was consulted by experts of the following countries, either in Budapest or in their respective capital cities: Slovenia, Croatia, Moldova, "the former Yugoslav Republic of Macedonia", Ukraine, Russia, Estonia, Lithuania, Azerbaijan, Armenia and Georgia. Recently he was invited by the Council of Europe to give an expert opinion on the compatibility of the Croatian legislation with the European Human Rights Convention.
Regularly read lectures at various faculties and the central European University and holds seminars for judges to get them familiar with the Convention and the case-law of the European Commission and Court of Human Rights
In 1993 he was elected member of the UN Human Rights Committee, the supervisory organ of the International Covenant of Civil and Political Rights, of which he was one of the vice-chairmen. His term in the committee expired at the end of 1996.
V. Public and other activities
Since his appointment as judge in 1980 of the Standing Arbitration Tribunal of the Hungarian Chamber of Commerce he regularly sits on the Court as presiding judge in international litigations.
He was the Hungarian member of the European Committee on Legal Co-operation (CDCJ) of the Council of Europe between 1990 and 1997. For two years he was the committee's vice-chairman.
He was the Hungarian member of the working group which elaborated Protocol No. 11 to the Convention.
VI. Publications
His most important publications on human rights are listed in the appendix.
VII. Languages
He is fluent in both official languages of the Council of Europe. In addition he reads in German and Russian.
APPENDIX
Main publications on human rights
Hungary and the European Human Rights Convention (Hungarian Law Review 1990/6)
Preparatory steps for the ratification of the European Human Rights Convention (Acta Humana 1991/2)
Prohibition of discrimination under the European Human Rights Convention (Acta Humana 1991/5)
Impact of the European Human Rights Convention on the Hungarian legislation (Hungarian Law Review 1992/3)
Prognostic on the impact of the European Human Rights Convention on the Jurisprudence of the Hungarian courts (Gazette of the Supreme Court 1992/3)
Effects of the membership of Hungary in the Council of Europe on the evolution of the legal system (Review of Legal Sciences 1992/10)
(With co-author Károly Bárd) The European Human Rights Convention and the Hungarian Legal System. (Acta Humana 1992/6-7, published with the financial support of the Council of Europe). This study summarised the research conducted on the compatibility of the Hungarian legal system with the Convention, and put forward proposals for legislative amendments. The study was distributed among all members of the parliament before the Bill of Ratification was discussed in parliament.
Membership of Hungary in the Council of Europe and prospectives of its future legislation (Review of Legal Sciences, February 1993)
Freedom of expression in the European Human Rights Convention (Hungarian Law Review, 1994/7)
Effective remedies in criminal, civil and administrative proceedings (Acta Humana 1995/15-16)
Rights to a fair trial (Acta Humana 1995/18-19)
Co-operation of the UN Human Rights Committee with the ILO to protect human rights (Acta Humana 1996/22-23)
International conventions to protect minorities (Hungarian Minority, Roman, II, volume, 1996-4(6)
Will appear in the near future
What is the UN International Covenant on Civil and Political Rights about?
Civil law aspect of human rights
Koulomin v. Hungary: an interesting case against Hungary before the UN Human Rights Committee
Jurisprudence of the UN Human Rights Committee in complaints pertaining to alleged discrimination in compensation of past human rights violations in central and eastern European countriesAndrás B. Baka
I. Personal details
Born in Budapest, ll December 1952. Hungarian citizen by birth. Married and father of two children (1979 and 1984)
II. Education, academic and other qualifications
Secondary education
St Steven High School, Budapest, 1971
University education
Faculty of Law of Eötvös Loránd University, Budapest 1978. Doctor of Law (Summa cum laude) Thesis: "Legal regulation and practice of civil law liability in Hungarian law".
Academic titles and awards
Habilitation from the Hungarian Academy of Sciences. PhD; Budapest, 1988 (highest grade). Thesis on human rights — minority rights.
Scientist Award of the Hungarian Academy of Sciences, 1988. Thesis: "The theoreticians of the Hungarian national state".
III. Professional activities:
a. Details of judicial activities
Judge of the European Court of Human Rights: April 1991-present. (Has been involved as full member or substitute judge in — approximately — one fourth of the total number of cases of the Court since its establishment.)
Member of the Budapest Bar. Of counsel and advocate to the Nagy & Trócsányi Law Firm, Budapest (1994-). Providing expert opinion for the firm, representing parties mainly in civil law cases.
b. Details of non-judicial legal activity
Academic career in Hungary
1978-82: Research fellow. Comparative Law Department. Institute for Legal and Administrative Sciences of the Hungarian Academy of Sciences. Research field: Comparative human rights, minority rights
1982-90: Senior research fellow. Constitutional and Administrative Law Department of the above Institute. Director of Minority Rights Studies from 1985
1989-present: Professor of constitutional law at the National School of Public Administration
1990-95: Rector and president of the Board of the National School of Public Administration
Since 1995: Re-elected Rector of the National School of Public Administration
Teaching constitutional law at the National School of Public Administration, (since 1989), running courses on history of minority rights (1983-85) and lecturing on European human rights protection at the School of Law of the Eötvös Lorand University (since 1991).
Involved in organising and teaching specialised training courses on the human rights mechanism of the Council of Europe organised by the Human Rights Directorate of the Council of Europe and the National School of Public Administration for judges and practising lawyers between 1992-96
Legal expert to the Hungarian Parliament and to the Ministry of Justice drafting various legal documents, including a draft legislation on the rights of ethnic and national minorities (1989) and the human rights chapter of the Hungarian Constitution (1996)
Academic honours and fellowships abroad
Fellowship of the International Academy of Comparative Law, Amsterdam, June 1981
United Nations Fellowship (International Standards of Human Rights), Strasbourg-Geneva, July-August 1985
Visiting professor. IREX Fellowship Programme, USA (Human Rights and Fundamental Freedoms), 1986-87:
Brown University, Providence (Rhode Island), 1986
University of Virginia, School of Law, Charlottesville (Virginia) January-February 1987
University of California Berkeley, School of Law Spring semester 1987
Columbia University, School of Law, New York, 1987
Invited lecturer of the international human rights programmes of the International Institute of Human Rights (René Cassin Foundation) in Strasbourg, 1986, 1988, 1989, 1990
Appointed professor of the Santa Clara University, School of Law. Institute of International and Comparative Law. Santa Clara, California, spring semester, 1991. (Teaching international human rights.)
c. Details of non-legal professional activity
1990: Member of the Public Administration Committee of the Hungarian Academy of Sciences, Budapest
1992: Member of the United Nations Association of Hungary, Budapest
1993-94: President of the Budapest University Association
IV. Activities and experience in the field of human rights
Judge of the European Court of Human Rights since April 1991. Considerable theoretical and practical experience of the procedure and the case-law of both the European Commission and the Court of Human Rights. Practical involvement in every aspect of the work of the Court during this almost seven year's period of being its member. Active participation in the reform of the human rights system.
Detailed knowledge of the sophisticated work of the judicial mechanism of the Council of Europe and full awareness of other important legal documents of the organisation. Representation of the Court at several international conferences as part of the Court's delegation, and giving expert opinions on draft legislation of certain member states of the Council of Europe in personal capacity.
Twenty years of university teaching and specialised research in different fields of human rights. Extensive lecturing both in Hungary and abroad. Playing role in the preparation of the Hungarian legal profession to familiarise itself with human rights and to be aware of and to be able to apply the required international standards in this field. (See also professional career and list of publications.)
1992-present: adviser to the Marangopoulos Foundation for Human Rights, Athens. Assisting in planning human rights programmes and publishing relevant books and documents in this field.
V. Public activities
May 1990-April 1991: Member (without party membership) of the first democratically elected Hungarian Parliament. Secretary of the Commission of Human Rights, Minorities and Religious Affairs of the Hungarian Parliament.
May 1990-November 1990: Member of the Hungarian delegation to the Parliamentary Assembly of the Council of Europe. Member of the Committee of Legal Affairs and Human Rights of the Assembly.
VI. Other activities
1990-95: Member of the Steering Committee of the East-West Parliamentary Practice Project. Taking part in planning and organising specialised workshops for the parliaments of central and eastern Europe (47 workshops), helping to overcome their difficulties during the transitional period.
1995: Chairman of the Steering Committee of the East-West Parliamentary Practice, Stichtung, Amsterdam.
VII. Selected publications:
Books and articles
(Total number of different scientific publications is 56, reviews and annotations are not included)
The theoreticians of the Hungarian national state. Állam-és Jogtudomány, 1985. Vol. 28, No. 2
Comparative minority rights. Vols. I-II. I. Minority rights in national laws. Collected legal rules of Czechoslovakia, Hungary, Romania, the Soviet Union and Yugoslavia. 1945-87. II. Minority rights in international law. Collected legal rules of international organisations. 1919-1987. Ed. by András B. Baka. National Széchényi Library, Budapest, 1987
Constitutional position and the future of the unions in Hungary, Jelzö, 1989, No. 4
J. Eötvö-O. Jászi. A history of minority rights. 1850-1918. Közgazdasági és Jogi Publisher, Budapest 1990
The European Convention on Human Rights and the Protection of Minorities under
The Convention and the Protection of Minorities under International Law. In: The European system for the protection of human rights. Ed. by R.St.J MacDonald, F. Matcher and H. Petzold. Martinus Nijhof Publishers, 1993
Economic and social rights in Hungary. In: Aspects of the protection of individual and social rights. "Hestia" Publishers & Booksellers, Athens 1995
Minority rights in east and central Europe. In Nouvelles formes de discrimination. Editions A. Pedone, Paris 1995
Constitution-making and minority protection in central Europe. Ethnic conflict, ethnic conflict management & resolution: International experience and lessons for central Europe, Colombo, 1995
The structure and organisation of the European Court of Human Rights. Its case-law concerning civil service and other areas of public administration. In: A közigazgatas személyi állománya. Magyar Közigazgatási Kamara, Bp. 1996
Three studies on the Hungarian and French public management reforms, written by Andrá B. Baka. In: Public management reform. Comparative experiences from East and West. Ed. by: David Coombes and Tony Verheyen. European Commission, 1997
Protecting human rights within the framework of the Council of Europe. A detailed overview of the procedure and work of the Commission and the Court for practising lawyers. Supreme Court of Hungary, 1997
VIII. Languages
Mother tongue: Hungarian
Official languages:
English: fluency (spoken and written), working language. (Highest level state exam No. 019338/88)
French: basic reading skill
Other languages:
Russian: good knowledge (state exam No. 019338/82)
Latin: basic
IX. Other relevant information
Considerable experience in using personal computer and different softwares, including Microsoft Word 7.0, WordPerfect, MS Access, MS Excel and Internet programmes
Lipót Höltzl
I. Personal details
Sex: male
Date and place of birth: 23 June 1960, Budapest (Hungary)
Nationality: Hungarian
II. Education and other qualifications
Graduation from the Law Faculty of the Eötvös Loránd University, Budapest in 1984
Postgraduate studies:
Canada/eastern Europe Internship Program organised by the Canadian Bar Association and the Canadian Department of Justice, Ottawa, in 1990
General and specialised courses in European Community Law, the Law of Human Rights in Europe and Law and Society organised by the European University Institute, Academy of European Law, Florence, in 1991
Human Rights Law and Practice Programme of the Institute of European Law of the University of Birmingham, in 1991
Human rights training course for legal practitioners from central and eastern Europe, organised by the Hague Academy of International Law, the Hague, in 1992
III. Professional activities
1984-88: Counsel — IBUSZ Lt. Travel Agency: representation of the company in court proceedings; negotiation in drawing up contracts with the international partners of the company
1989-91: Senior Officer — Ministry of Justice, International Law Division
1991-94: Deputy Director Ministry of Justice, International Law Division: preparation of laws in the field of private international law and international criminal law; participation in negotiations with other countries on treaties concerning legal assistance in criminal matters and extradition; preparation of the ratification of several Council of Europe and other multilateral convention
From 1994: Deputy Director, Ministry of Justice, Human Rights Department: preparation of the ratification of international human rights instruments; scrutiny of the Bills of the government in regard to the country's international human rights obligations
Co-agent of the government — representation of the government in proceedings of the European Commission and Court of Human Rights
IV. Activities and experiences in the field of human rights
Participation in the team set up for scrutinising the compatibility of the Hungarian law with the provisions and case-law of the ECHR
Representation of the government before the Strasbourg organs
Participation as an expert in meetings organised for several central and eastern European countries to prepare the ratification of the ECHR
Representative of Hungary in the Steering Committee for Human Rights (CDDH) and its DH-PR sub-committee since 1991 (Member of the Bureau of the CDDH 1993-95)
Lecturer at the Eötvös Loránd University
Member of the Editorial Board of the European Human Rights Case-Law Bulletin
Expert of the Hungarian Centre for Human Rights Public Foundation
V. Other activities
Foundation member of the Canadian Hungarian Law Association
Member of the Hungarian-German Lawyers' Society
VI. Languages
Mother tongue: Hungarian
Official languages:
English (fluent)
Other languages:
German (fluent)
Russian (reading)
ICELAND
Delegation of Iceland
Council of Europe
Bureau 2019
67000 Strasbourg
Tel. 03.88.41.20.45
Fax 03.88.41.37.68
Strasbourg, 22 October 1997
Mr Daniel Tarschys
Secretary General
of the Council of Europe
Dear Mr Secretary General,
With reference to your letter dated 23 September 1997 regarding election of judges to the new Court and the election procedures in this context, I have the honour to transmit the requested information (CV) regarding the following three prospective candidates to be submitted by the Government of Iceland next month:
Dr Gaukur Jörundsson, Parliamentary Ombudsman for Iceland, member of the European Commission on Human Rights since 1974
Mr Arnljótur Björnsson, Justice of the Supreme Court
Mr Markús Sigurbjörnsson, Justice of the Supreme Court
Yours sincerely,
Sveinn Björnsson
Ambassador
Permanent Representative of Iceland
to the Council of Europe
Gaukur Jörundsson
I. Personal details
Born: Reykjavík on 24 September 1934
Nationality: Icelandic
II. Education, academic and other qualifications
22 May 1959: Law degree from University of Iceland, Reykjavík
1959-62: Postgraduate studies at the Universities of Oslo, Copenhagen and West Berlin
23 May 1970: Dr. juris. University of Iceland
Member of the Society of Icelandic Scientists and Scholars
III. Professional activities
Deputy judge at the Civil Court in Reykjavík 1 May 1962 to 1 February 1967. Clerk of the Supreme Court from 1 February to 31 December 1967. Lecturer at Faculty of Law, University of Iceland, between 1 February 1967 and 31 August 1969. Appointed professor of law at same Faculty on 1 September 1969. Supreme Court of Justice from 10 January to 30 June 1983 and again from 18 May to 31 December 1987. Elected Parliamentary Ombudsman for Iceland as of 1 January 1988 and re-elected as of 1 January 1992 and of 1 January 1996
President of the Commission of Appeal for matters relating to registration and appraisal of real-estate from 16 June 1972 to 31 December 1987. President of the Court of Arbitration of the Association of Engineers from 2 April 1974 to 31 December 1987. President of the Copyright Committee 1974-87. Has prepared a number of bills of parliament by himself, and in co-operation with others
IV. Activities and experience in the field of human rights
Member of the European Commission for Human Rights since March 1974. Parliamentary Ombudsman for Iceland as of 1 January 1988
Various publications dealing with human rights issues
V. Public activities
VI. Other activities
Mr Gaukur Jörundsson runs his family country estate. He has in that capacity, inter alia, been the Chairman of the Association of River Fishing Rights' Owners in the district of Árnessýsla and a board member of the Federation of Fresh Water Fishing Rights Owners in Iceland
VII. Publications and other works
18 books and articles
Books
On expropriation (doctoral dissertation 1970)
Property rights. 1979-80
Articles
On the protection of human rights and natural law. 1966
On the constitutional protection of earning power, professional rights and the freedom of profession. 1968
Human rights in the Icelandic Constitution. 1969
Historical survey of the constitutional protection of private property. 1970
The procedure in cases of expropriation. 1973
The protection of property in the European Convention on Human Rights. 1983
The right to bring a case before an independent and impartial tribunal according to Article 6 of the European Convention on Human Rights. 1981
The principle of proportionality in constitutional and administrative law. 1992
The ombudsman and the European human rights institutions. 1995
VIII. Languages
Mother tongue: Icelandic
Official languages:
Speaks and writes English
Reads French and understands spoken French
Other languages:
Speaks and writes Danish
Speaks Norwegian
Reads Swedish and understands spoken Swedish
Speaks German
Arnljotur Björnsson
I. Personal details
Born in Reykjavík, Iceland on 31 July 1934
Sex: Male
Nationality: Icelandic
II. Education, academic and other qualifications
May 1959: Graduated from the University of Iceland, School of Law (candidatus juris).
1967-68: Postgraduate studies and research at the Nordic Institute of Maritime Law, Oslo, Norway
1974: Legal research at the Faculty of Law, Oxford University
1978: Visiting Scholar at the University of California, Berkeley, USA
1984: Visiting Scholar at the University of Arizona, Tucson, USA
1993: Visiting Scholar at Victoria University of Wellington, New Zealand
III. Professional activities
a. Details of judicial activities
1995: Supreme Court Justice, Reykjavik, Iceland
b. Details of non-judicial legal activity
1959-71: Legal adviser and head of division with the Iceland Marine Insurance Co.
1971-95: Professor of Law at University of Iceland
c. Details of non-legal professional activity
1976-78 and 1988-90: Dean of Law School and member of the Academical Council, University of Iceland
1979-80: State Employee's Pension Fund, Chairman of the Board
1969-86: School of Insurance, Chairman of the Board
1986-93: Icelandic Banks' Guarantee Fund, Chairman of the Board
1991-: Iceland Defence Force Claims Committee, Member
IV. Activities and experience in the field of human rights
Judge in several Supreme Court cases on various questions of human rights
V. Public activities
VI. Other activities
1964-69: Association of Icelandic Lawyers, Board member
1982-86: Association of Icelandic Lawyers, Chairman
1974-78:Icelandic Science Foundation, Board member
From 1991: Scandinavian Institute of Maritime Law, Oslo, Norway, Board member
From 1988: Nordic Maritime Law Reports, Member of Editorial Committee
From 1993: Scandinavian Journal of Law, Member of Editorial Committee
VII. Publications and other works
Eleven books published, for example Skaōabótaréttur — Kennslubók fyrir byrjendur (Tort Law — a short textbook), Reykjavik 1986.
Bætur fyrir umferōarslys (Compensation for traffic accidents), Reykjavik 1988
Kaflar ú skaōabótarétti (Chapters on the Law of Torts), Reykjavik 1990
Fifty articles in legal periodicals, mainly on Torts, Contracts, Transportation Law, Insurance Law and Social Security Law
VIII. Languages
Mother tongue: Icelandic
Official languages:
English (fluency in speaking, reading and writing)
French (poor)
Other languages:
Danish (good)
Norwegian (good)
German (fair)
Markús Sigurbjörnsson
I. Personal details
Sex: Male
Date and place of birth: 25 September 1954 in Reykjavík, Iceland
Nationality: Icelandic
II. Education, academic and other qualifications
June 1979: Graduate from the Faculty of Law of the University of Iceland with the degree of candidatus juris
From 1979-81: Postgraduate studies and research in the field of Judicial Procedure at the Faculty of Law of the University of Copenhagen, Denmark
III. Professional activities
a. Judicial activities
1979: Deputy Judge of the District Court of Keflavík, Iceland
From 1981-85: Deputy Judge of the City Court of Reykjavík, Iceland
From 1985-88: Judge of the City Court of Reykjavík
Since 1994: Justice of the Supreme Court of Iceland
b. Non-judicial legal activities
1984-88: Part-time lecturer at the Faculty of Law of the University of Iceland
1988-94: Professor of Law at the University of Iceland in the fields of Judicial Procedure and Practical Application of Law
Since 1986: Member of the Permanent Governmental Commission on Judicial Procedure; Chairman since 1994
1987-88: Member of a Governmental Commission to make recommendations regarding the structure of the Icelandic judicial system
1987-94: Member of the Committee of Legal Affairs of the University of Iceland; Chairman from 1990-94
1988: Appointed by the Minister of Justice to write Bills on new legislation regarding procedure of civil cases, enforcement of judgments, arrest and injunction, forced sale of property, bankruptcy and division of estate
Since 1992: Editor of the State Edition of Collected Statute Law
1994: Assigned by the Minister of Justice to write a bill on new legislation regarding the Icelandic judicial system
c. Non-legal professional activities
IV. Activities in the field of human rights
1989-93: Adviser to the Government of Iceland in cases before the European Commission and European Court of Human Rights
1992-93: Member of a governmental commission to prepare a bill on legislation to incorporate the European Convention on Human Rights into Icelandic law
1994: Assigned by the Icelandic Parliament, the Alping, to write a bill amending the human rights provisions of the Icelandic Constitution
V. Public activities
VI. Other activities
1985-88: Member of the Board of the Association of Judges
1992-94: Member of the Board of the Association of Icelandic Lawyers
VII. Publications and other works
Author of 7 books published from 1988 to 1995, for example:
Dómar um almennt einkamálaréttarfar (Case Law on Civil Procedure) 1988
Einkamálaréttarfar (Civil Procedure) 1993
Fullnustugerōir (Enforcement of Judgments) 1995
Author of 7 articles published from 1986 to 1995 in legal periodicals and international collaborative works, mainly on matters in the field of Judicial Procedure
VIII. Languages
Mother tongue: Icelandic
Official languages:
English: Speak, read and write fluently
French: Poor
Other languages:
Danish: Read fluently, speak and write poorly
Swedish: Read fluently, speak and write poorly
German: Read fairly, speak and write poorly
IRELAND
Office of the Minister for Foreign Affairs
Dublin 2
24 October 1997
Mr Daniel Tarschys
Secretary General
Council of Europe
F67075 Strasbourg Cedex
France
Election of judges for the new permanent Court of Human Rights
Dear Secretary General,
I wish to refer to your letter of 6 October 1997, regarding the entry into force of Protocol No. 11 to the European Convention on Human Rights.
I have the honour to transmit to you the following names of the persons who have been selected as candidates by the Government of Ireland:
1. Mr John Hedigan, Senior Counsel
2. Mr Gerard Hogan, Senior Counsel
3. Mr Denis Vaughan Buckley, Senior Counsel
As is practice, the list is in order of preference. Copies of the curricula vitae of the candidates are enclosed. In the circumstances of the very early deadlines set out in your letter of 6 October 1997, you will appreciate that the candidates may wish to offer further details in regard to their qualifications for the position.
Yours sincerely,
David Andrews T.D.
Minister for Foreign Affairs
Permanent Representation of Ireland
to the Council of Europe
1 December 1997
Mr Allard Plate
Secretary to the Sub-Committee
of the Parliamentary Assembly
Council of Europe
F67075 Strasbourg Cedex
France
Election of Judges
to the new permanent Europe Court of Human Rights
Dear Mr Plate,
I have the honour to refer to the letter of 24 October 1997 from Mr David Andrews TD, Minister for Foreign Affairs of Ireland, to Mr Daniel Tarschys, Secretary General of the Council of Europe, transmitting the names of the persons who have been selected as candidates by the Government of Ireland for election as judge to the new European Court of Human Rights.
Further to Minister Andrew's remarks in his letter that the candidates may wish to offer further information as to their qualifications for the position, and also further to the informal examination of candidates by the special ad hoc Committee of the Ministers' Deputies, I have been instructed to forward to you revised CVs in respect of the three Irish candidates.
The revised CVs follow the standard CV model proposed by the Parliamentary Assembly. However, one of the candidates has made the point, I think validly, that the model CV format would appear to be tailored to the judicial and quasi-judicial systems in operation in Continental Europe. The legal system in Ireland is somewhat different. This fact might by conveyed to the members of the sub-committee when forwarding the revised CVs.
Yours sincerely,
Philip Grant
Deputy Permanent Representative
John Hedigan
Personal details:
Sex: Male
Born 14 October 1948 in Dublin, Ireland. Son of John Hedigan and Alice Fanning (farmers and licensed vintners)
Nationality: Irish
Married Emer Kilcullen on 3 April 1981
Education and academic and other qualifications:
Educated at Belvedere College, Trinity College, Dublin and The Honourable Society of Kings Inns, Dublin
Following the end of secondary education, I worked for one year from 1967 to 1968 in the family businesses of farming and the licensed vintner trade
Between 1968 and 1971, I worked my way around the world returning in October 1971 to commence study in university
From 1971 until 1976 I studied for the Bar at Trinity College, Dublin and The Honourable Society of Kings Inns. I was conferred with the Degree of Barrister at Law and called to the Irish Bar in 1976
I am a member of the English Bar (Middle Temple). I am also a member of the Bar of New South Wales, Australia
Professional activities:
It is a rule of practice at the Bar in Ireland that every barrister is available to act for plaintiffs or defendants and both for and against the State. The Bar is entirely independent of the state and regards itself as one of the main protectors of the human rights of the individual.
Since 1976 I have practised as a Barrister before the Courts in Ireland and also before the European Court of Justice in Luxembourg. I became a Senior Counsel in October 1990. I am now one of the most experienced and senior members of the Irish Bar.
As is the case with any successful Barrister in Ireland, my experience has been almost entirely that of a courtroom advocate. For the first few years of practice, I appeared mainly in the District Court and Circuit Court. Following that I progressed in the normal way to appearance in the High and Supreme Courts where I now appear on a regular basis. I also appeared before the Employment Appeals Tribunal which is a statutory body set up to deal with labour law cases.
I was a law lecturer in the College of Commerce, Dublin, from 1977 to 1979.
I have practised in every one of the Courts of Ireland, and over my twenty-one years' practice, have acquired a thorough knowledge of the laws of, and legal structure in, Ireland. I consider this a very important qualification for a judge of the new European Court of Human Rights, bearing in mind the requirement of Protocol No. 11 for the presence ex officio, in a Chamber or the Grand Chamber of the new Court, of the judge elected in respect of the state concerned. The Court should benefit from the expertise of the judge from the country concerned in the laws and legal structure of that country.
In the course of my twenty-one years experience at the Irish Bar, I have practised in the following areas:
Human Rights law
Constitutional law
Administrative law
Judicial Review
Commercial law
Extradition and deportation law
Criminal law
Family law
Labour law
Personal injury law
Activities and experience in the field of human rights:
My activities and experience in the field of human rights have included, inter alia, the following:
I have been involved over my years of practice in many cases pertaining to the protection of human rights guaranteed by the Constitution of Ireland. These rights are virtually identical to the rights guaranteed by the European Convention on Human Rights. The following is a representative selection of the more important/recent of such cases in which I appeared as Senior Counsel:
R T v. The Director of the Central Mental Hospital
The High Court 16.2.1995 The Supreme Court 7.11.1995
The case involved an enquiry into the legality of the detention of a person of unsound mind, including whether the applicant's detention without access to an independent appeals tribunal breached his rights, inter alia, under Article 5.4 of the European Convention on Human Rights.
S C v. Eastern Health Board & Ors.
The High Court 31.7.1995 The Supreme court 10.3.1997
This case also involved an investigation into the legality of the detention of a person of unsound mind, including whether his detention without access to an independent appeals tribunal breached his rights, inter alia, under Article 5.4 of the European Convention on Human Rights.
Rock v. Ireland and the Attorney General
The Supreme Court 21.7.1997
This case involved the right of an accused person to silence and whether his rights, inter alia, under Article 6.1 of the European Convention on Human Rights were breached by legislation limiting his right to silence.
Iosca v. Governor of Cork Prison
The High Court 3.7.1997
This case involved consideration of the rights of refugees under the UN Convention on the Status of Refugees, 1951 and under procedures agreed between the Irish Government and the UNHCR of 13 December 1985.
Between 1987 and 1991, I appeared for Ireland in the High Court and the Supreme Court in many extradition cases, each of which involved consideration of the rights of persons subject to extradition proceedings to, inter alia, a fair trial, security of person and other rights as provided by the Constitution of Ireland and also by the European Convention on Human Rights.
Since 1989, I have attended hearings of the European Court of Human Rights in Strasbourg. I have done so each year during my vacation time in the interest of familiarising myself with the workings of the Court and its interpretation of the European Convention on Human Rights. During these nine years, I have had the opportunity to observe a great many of the cases heard by the Court of Human Rights.
I was invited to and attended in September 1995, the Eighth International Colloquy on the European Convention on Human Rights held in Budapest and organised by the Council of Europe. This conference concentrated on the new structure planned for Strasbourg and, in particular, the new Court.
In September 1997, I was invited to and attended the Conference on Human Rights in Potsdam, organised by the Human Rights Centre of the University of Potsdam in conjunction with the Council of Europe. This conference also dealt with the new Court.
In the January 1997 edition of the Irish Law Times, I published an article on the new Strasbourg structure. The Irish Law Times is the pre-eminent publication for the Irish legal profession. This article is a guide to the new Court for Irish legal practitioners.
At Trinity College, Dublin, I was a member of a number of organisations supporting the protection of human rights. Throughout my years in university I worked for the Free Legal Advice Centres (FLAC), a group which provided legal aid to persons unable to afford legal fees when Ireland had no legal aid system in civil cases.
From 1972 to 1977 I represented the Trinity College branch on the National Executive Committee of Amnesty International (Irish Branch).
From 1976 to 1980 I was national co-ordinator of the Irish Campaign against Torture.
Other related activities:
I was independent chairperson of the Civil Service Disciplinary Appeals Tribunal from 1992 to 1994. The purpose of this tribunal was to hear appeals by members of the Civil Service in relation to disciplinary matters. As the independent chairperson I sat with representatives of management and of unions representing civil servants.
I was appointed by successive governments as chairperson of advisory committees whose function was to provide independent advice as to whether persons found guilty but insane and detained as long as the government thought fit, ought to be released. These committees held hearings which took evidence from psychiatrists and general medical practitioners called on behalf of such persons and on occasions, on behalf of the victims. Lawyers for both parties were also heard by the Advisory Committee. These were quasi judicial hearings in which I filled the role of judge. The committees consisted of myself as chairperson, together with a consultant psychiatrist and a general medical practitioner.
I was chairperson of one such Independent Advisory Committee which reported on 30.10.1991. This committee was set up to provide an independent body to advise on the continued detention of J.G., a person found guilty but insane, and detained in the Central Mental Hospital until the government ordered his release.
I was chairperson of an Independent Advisory Committee which reported on 13.11.1991 on the continued detention of P.E.
I was chairperson of an Independent Advisory Committee which reported on 16.10.1995 on the continued detention of one T.K.
I was chairperson of a further Independent Advisory Committee which reported on 21.11.1996 in regard to the continued detention of one G.O'H.
I am a member of the Barristers' Professional Conduct Tribunal which hears complaints by the general public against members of the Bar and which imposes sanctions on such members where appropriate. Two members of the general public also sit on this Tribunal.
I am a member of a number of legal societies, of which the following are relevant:
The Irish Centre for European Law, Trinity College, Dublin.
The Irish Branch of the International Law Association.
The Irish Society for European Law.
Languages:
My mother tongue is Irish. I have complete fluency in English which is my working language. I have studied French to school standard. I consider it very important that judges of the new Court of Human Rights should have a thorough command of both official languages of the Council of Europe. Consequently, if elected, I intend to achieve such command of French at the earliest possible time. I studied Russian to elementary standard at university.
Conclusion:
The new Court's jurisdiction will extend to over eight hundred million people. I consider that its work will be of immense historic significance in that it will further strengthen the protection of human rights in an area stretching from Ireland to the Pacific coast of the Russian Federation. I would like the opportunity to participate in that work in the capacity of judge of the new European Court of Human Rights. I believe that my long and varied experience at the Irish Bar would enable me to make a significant contribution to the Court. If elected, I will retire from my legal practice in Ireland, will move to and reside in Strasbourg and will concentrate my full attention on the heavy workload that awaits the new Court of Human Rights.
Dr. Gerard Hogan SC, FTCD
I. Personal details:
Sex: Male
Date and place of birth: 13 August 1958. Clonmel, Co. Tipperary, Ireland
Nationality: Irish
II. Education and academic and other qualifications:
BCL, University College, Dublin, 1979
LLM, University College, Dublin, 1981
LLM, University of Pennsylvania, 1982
Barrister-at-Law, Hon. Society of King's Inns, 1984
MA, Trinity College, Dublin, 1985
Fellow of Trinity College, Dublin, 1992
LLD, University College Dublin, 1997
Senior Counsel, 1997.
III. Professional activities:
a. Details of judicial activities: None.
b. Details of non-judicial legal activities.
Academic work
I have been a lecturer in law at Trinity College, Dublin since 1982 where my teaching has specialised in Irish constitutional and administrative law and aspects of European law (including competition law and conflicts of laws). I was elected to Fellowship of Trinity College, Dublin at the young age of 33 and was awarded the degree of Doctor of Laws (LL.D.) by University College, Dublin in January 1997. So far as I am aware, I believe that this higher doctorate has been awarded to less than ten other persons currently resident in the island of Ireland.
Professional work
I was called to the Irish Bar in 1984, but did not commence practice until October 1987. I was appointed a Senior Counsel in October 1997 after ten years' practice. Under new guidelines introduced in 1995, the Irish Government will not entertain applications for appointment as Senior Counsel unless applicants have completed at least 10 years' practice at the Bar. The guidelines further stipulate that applicants should generally have at least 12 years' practice and that dispensations from this 12 years' requirement will only be granted in "exceptional cases". I believe that my standing at the Bar is reflected in the fact that I was the first person to be made Senior Counsel with less than 12 years' practice in the three years in which these new guidelines have been in operation.
In my practice I have specialised in the area of constitutional and administrative law. In this regard, I have appeared in — and argued — many significant such cases before the Irish High Court and Supreme Court. Many of these cases have dealt with human rights and civil liberties issues, such as police powers, automatic forfeiture of public employment following criminal conviction, refugee cases, freedom of speech, equality before the law and property rights. (Details available on request.)
c. Details of all non-legal professional activities
Not applicable
IV. Activities and experience in the field of human rights:
Apart from peripheral involvement in human rights groups during my student days, I claim no particular active involvement in the field of human rights, unless it be a personal commitment to the rule of law and the protection of human rights in Ireland through the mechanism of the Constitution of Ireland and the European Convention of Human Rights.
I was, however, a member of the committee of experts established by the Irish Government to review the Constitution in its entirety. The Report of the Constitution Review Group (Pn. 2632, 1996) comprehensively examined the protection of individual rights by the Constitution and its relationship with the European Convention of Human Rights and made recommendations for change.
V. Public activities:
I have been (or, as appropriate, still am) a member of the following government committees.
Court Practice and Procedure Committee
I have been a member of this body since 1987 which is chaired by a judge of the Supreme Court. This body produces reports on aspects of civil and criminal procedure on topics which are submitted to the Committee by the Minister for Justice.
Constitution Review Group
I was a member of the expert body which reviewed the Constitution of Ireland. The group produced its 700 page report within the one year allotted to it by the government. My role in writing a significant portion of this report was acknowledged by the Chairman in the preface when he said that he, along with the other members of the group, wished "to register special recognition" of my "exceptional contribution" to the preparation and writing of the report.
Competition and Mergers Review Group
This group was established by the Minister for Enterprise and Employment in 1996 to review all aspects of Competition Law. I am Chairman of the Enforcement Sub-Group of this group. The report of this group is expected in July 1998.
VI. Other activities:
Not applicable
VII. Publications and other works:
I have co-authored 5 books (some of which have gone to several editions) and published approximately 85 articles (not including book reviews or newspaper articles on legal topics) in a variety of national and international law journals. As requested, I set out a selection of twelve published works:
Political Violence and the Law in Ireland, Manchester University Press, 1989, x + 342 pp. [Gerard Hogan and Clive Walker]
Administrative Law in Ireland, London, 1991, lxi + 773 pp. [Gerard Hogan and David Gwynn Morgan]. (2nd edition) (publication of 3rd edition imminent)
Kelly's The Irish Constitution (Dublin 1994) [with G.F. Whyte] cxxii and 1222 pp. (3rd edition)
"Law and religion: Church and State in Ireland from independence to the present day", (1987) 35 American Journal of Comparative Law, 47-96
"Anglo-Irish extradition as viewed from an Irish perspective", (1993) Public Law, 93-120 [Hilary Delany and Gerard Hogan]
"Federal Republic of Germany, Ireland and the United Kingdom: Three European approaches to political campaign regulation", (1992) 21 Capital University Law Review, 501-543
"Irlanda" in di Suni Prat, Le Constituzioni dei Paesi della Comunita Europea (Gianni Iucalano Editore, 1994) pp. 271-292
"Unenumerated Personal Rights: Ryan's Case Re-evaluated" (1990-92) 25-27 Irish Jurist 95-116
"The Demise of the Irish Broadcasting Ban" (1995) European Public Law 69-78
"The Meagher Case and the Executive Implementation of European Directives in Ireland" (1995) 2 Maastricht Journal of European and Comparative Law 174-186
"The Brussels Convention, Forum Non Conveniens and the Connecting Factors Problem" (1995) 20 European Law Review 471-493
"Irland" in Schwardze ed., Das Verwaltungsrecht unter europaischem Einfluss: Zur Konvergenz der mitgliedstaatlichen Verwaltungsrechtsordnungen in der Europaischen Union (Baden Baden, 1996) at 437-486
VIII. Languages:
Mother tongue: English
Official languages:
English
Other languages:
German (speaking and reading: very good; writing: reasonable)
Irish (speaking, reading and writing: very good)
Swedish (speaking and reading: fair; writing: poor)
IX. Other relevant information:
I believe that my commitment to, and interest in, Irish constitutional law and the jurisprudence of both the European Court of Human Rights and (to a lesser extent) the Constitutional Courts in jurisdictions such as Germany and Italy entitles me to serious consideration for appointment to the Court. In this regard, I also point to the face that I have successfully combined legal practice with academic life.
I further draw attention to my published work as evidence of personal dedication and a capacity for legal scholarship and writing at the highest level. I have co-authored the two standard works on (respectively) Irish constitutional law and administrative law. Both books have been frequently cited with approval by the Irish courts in their published judgments.
Finally, in this regard, I cite two recent reviews of my joint work. The reviewer of the Constitution Review Group Report in the leading UK journal, Public Law, praised "the quality, refinement, liberalism and international character of the analysis and problem-solving" contained therein (see [1997] Public Law 55,65). The reviewer of the present edition of Kelly's, The Irish Constitution in 1997 European Public Law 441 said (at 442, 445, 450) that:
"... the new editors have written a detailed, analytical and fascinating work, almost twice as long as the first edition ... While the format ... is unchanged, the extra length results from much additional analysis and comment, as well as many more cases (some 1,350 Irish cases are cited, plus cases from the UK, the Court of Justice of the European Community, the European Court and Commission of Human Rights, US, Commonwealth, German and Italian courts) ... The third edition of Kelly does a masterly job of exploring and commenting on just about all of the implications of all of the important cases on the Irish Constitution. No identifiable stone has been left unturned. This is an immense improvement on the earlier editions. But the result is an immense book.... The current editors' discussions are so interesting that one is tempted, unreasonably, to ask them for even more than the splendid volume which they have already given us."
Denis Vaughan Buckley
Date of birth: 10 November 1942
Nationality: Irish
Family: Married — Wife of Danish nationality — two children
Educational qualifications:
Educated at Rockwell College, Cashel Co. Tipperary, Ireland
Bachelor of Civil Law, University College, Dublin 1964
Barrister at Law, King's Inns, Dublin 1965
Professional Activities:
Barrister in private practice in Dublin since October 1965
Called to Inner Bar of Ireland (Senior Counsel) October 1987
Member of Bar of Northern Ireland since 1977
Details of professional activities:
Civil courts — I have practised at all levels of the civil courts mainly in negligence (personal injuries) and defamation (slander and libel) actions;
Criminal courts — For the past twenty-six years I have specialised to a large extent in criminal law both as a public prosecutor for the State Director of Public Prosecutions and as a defence lawyer.
Over the past twenty years I have been briefed on behalf of either the State and the defence in a very high proportion of the most important criminal trials to come before the superior courts in Ireland covering such offences as capital murder, murder, kidnapping, manslaughter, terrorism, rape, firearms charges, arson, drugs charges and child sexual abuse offences. I appear as a criminal lawyer regularly in the superior courts — the Central Criminal Court (which deals with cases of murder and rape), the Court of Criminal Appeal and the Supreme Court. I also appear frequently in the Circuit Court and the Special Criminal Court (which deals with largely offences against the State).
I would consider myself a specialist in cases of offences against the State.
A practice of criminal law at my level would require a thorough knowledge of Irish criminal law which is largely based on the common law. It would also require a detailed knowledge of the Irish Constitution and of the European Convention for the Protection of Human Rights.
I have appeared in a large number of cases which are now leading decided cases on Irish criminal law, for example:
DPP v. Vincent Connell 1995 — Murder — (Court of Criminal Appeal)
(For the Prosecution)
DPP v. McGrail 1989 — Firearms Offences (Court of Criminal Appeal)
(For the Accused)
DPP v. Conroy 1986 — Murder — (Supreme Court)
(For the Prosecution)
DPP v. Pringle, McCann & O'Shea 1981 — Capital Murder (Court of Criminal Appeal)
(For the Accused)
DPP v. Raymond Walsh 1980 — Robbery — (Supreme Court)
(For the Prosecution)
DPP v. Tiernan — Rape — (Supreme Court)
(For the Prosecution)
Human rights activities:
My criminal law practice brings me into close contact with the principles of human rights including such matters as habeas corpus, the right to bodily integrity, the right to silence and others. I have appeared in all the Superior Courts in Ireland in criminal law cases in which each of these rights have been at issue.
Public activities:
Apart from public appearances in all the courts in Ireland I have no other public activities.
Other activities:
None.
Publications:
None.
Languages:
English (total fluency)
ITALY
The Ambassador
Permanent Representative of the Republic of Italy
to the Council of Europe
Strasbourg, 16 December 1997
Dear Secretary General,
In reply to your letter of 6 October 1997, addressed to the Minister of Foreign Affairs of Italy, I have the honour to transmit to you, as received from my authorities, the list of the Italian candidates for my country to the election of judges, to the new unique Court of Human Rights:
—Mr Benedetto Conforti, university professor, member on behalf of Italy of the European Commission of Human Rights;—
—Mr Carlo Casini, cassation adviser, member of the European Parliament;—
—Mr Maurizio Fiorilli, state lawyer.I
I transmit to you hereafter the curricula vitae of the candidates with a view to the further procedures including their informal interview by the Ministers' Deputies, conforming with their decision of 28 May last year.
I take this opportunity to renew the assurance of my highest consideration.
Paolo Pucci di Benisishi
Mr Daniel Tarschys
Secretary General of
the Council of Europe
F-67075 Strasbourg Cedex
Benedetto Conforti
I. Personal details
Sex: Male
Date and place of birth: Naples, 3 September 1930
II. Education and academic and other qualifications
Professor of public international law
Member of the Institut de droit international
Member of the Curatorium of the Hague Academy of International Law
Member of the Accademia Nazionale dei Lincei
Medaglia d'oro of the President of the Italian Republic for outstanding scholars in the field of art and culture
Member of the Societé française de droit international and of the American Society of International Law
Member of the Scientific Committee of the University Senghor (Université internationale de langue française au service du developpement africain) of Alexandria in Egypt
1951: Degree of Doctor in Law, University of Naples
1953-57: Assistant Professor at the Institute of International Law, University of Naples
1957: Libera docenza in international law
1963: First Prize in the national concour in international law of Sienna University
Full Professor of international law in the Law Faculties of the Universities of Siena (1963-69), Padua (1969-72), Naples (1972-87), Rome La Sapienza (1989-94), Naples (1994-)
Research fellow of the American Council of Learned Societies (Harvard Law School) (1967-68)
Permanent Visiting Professor of public international law at the Law Faculty of the University of Alexandria (1978-93) (Egypt)
III. Professional activities (b)
"Procuratore legale" and member of the Italian Bar
Consultant of the Italian Government on various legal affairs in the field of international law.
Member of the delegation of the Italian Government to the Conference on Mineral Resources of Antarctica (1958-88)
Member of the Committee of Legal and Political Science of the Italian National Council for Research (1981-88)
Member of the Board of Editors of "Commentaire CEE" (Giuffrè, 1965) and of "Rivista di diritto internazionale privato e processuale"
Co-director of "The Italian Yearbook of International Law" and the Rivista di diritto internazionale
Lecturer on public international law and European law at the Institut des hautes études internationales of Paris (1997), at the Arab University of Beirut (1981) at the University of Saõ Paulo (1983), at the Collège de France (1987), at the University Sun Yat Sen of Canton (1987) and at the Institute for candidates to the diplomatic career of the Argentine Ministry of Foreign Affairs (1990 and 1992)
Lecturer on "The Function of the Agreement in the UN System" (1974) and General Course on public international law (1988) at the Hague Academy of International Law
Between 1989 and 1993 Rapporteur on "Domestic Courts and International Relations of their State" at the Institut de droit international. His draft resolution has been approved, with modifications, by the Plenary Assembly of the Institut during the Milan session in 1993 (see Annuaire de l'Institute de droit international, vol. 65, I and II)
IV. Activities and experience in the field of human rights
Member of the European Commission of Human Rights (since 1994)
Member of the Scientific Committee of the Rivista internazionale dei diritti dell'uomo
Lecturer on international human rights law at the Law Faculty of the University of Naples
Rapporteur in various seminars and workshops on human rights
VII. Publications and other works
Author of 9 books and about 60 articles and notes. Among them:
Books
La funzione dell'accordo nel sistema delle Nazioni Unite, Padua, CEDAM, 1968
"International Law and the Role of Domestic Legal Systems", M. Nijhoff Publishers, Dordrecht, 1993
Le Nazioni Unite, CEDAM, Padua, 1994 (1st edition 1971); 5th edition, 1994. English version of the 5th edition: The Law and Practice of the United Nations, Kluwer Law International, The Hague, 1996
Diritto internazionale", Editoriale Scientifica, Naples (1st edition, 1969); 5th edition, 1997. Spanish version of the 4th edition: Derecho internacional (with notes by Professor Raúl E. Vinuesa), Buenos Aires, Zavalia, 1995
Articles
"The Legal Effect of Non-Compliance with Rules of Procedure in the UN General Assembly and Security Council", American Journal of International Law, 1969
"Il Parlamento europeo ed il processo di democratizzazione delle strutture communitarie, Città e Regione, 1979
Prolifération organique, prolifération normative et crise des Nations Unies: réflections d'un juriste, (Rapport), L'adaptation des structures et méthodes des Nations Unies (Workshop 1985 of the Hague Academy of International Law and the UN University), Dordrecht, Nijhoff, 1986
Raccomandazione internazionale, Enciclopedia del diritto, vol. XXX
"Invalidity and Termination of Treaties: the Role of National Courts", European Journal of International Law, 1990 (in co-operation with A. Labella)
"The Principle of Non-Intervention", International Law, Achievements and Prospects (ed. by M Bejaoui), Dordrecht, 1991
Les rapports entre la Convention européene et les autres conventions en matière de droit de l'homme, Melanges en l'honneur de C.A. Norgard
VIII. Languages
Mother tongue: Italian
Official languages:
English: speaking, reading, writing
French: speaking, reading, writing
Carlo Casini
I. Personal information
Sex: Male
Date and place of birth: 4 March 1935, Florence (Italy)
Nationality: Italian
II. Studies, diplomas and other qualifications
1958: University degree in Law at the University of Florence
Final mark: 110/110 cum laude
Title of thesis La crisi del diritto nel pensiero filosofico conteporaneo (The crisis of the concept of law in contemporary philosopy)
1960 Avvocato (Solicitor)
1961 Magistrato (Magistrate)
1989: Judge of Corte di Cassazione (Italian Supreme Court) Idoneo alle funzioni dirigenti superiori (Qualified for managing functions: to become Chairman of the Supreme Court)
Since 1994: Member of the "Academy of European Law" of Trier (Germany)
Since 1995: Member of the "Pontifical Academy for Life" (State of Vatican City)
Decorated of the silver medal for "The Social Redemption" conferred by the Ministry of Justice
III. Professional activities
a. Activities in the field of legal affairs, judicial activities
1963-66: Pretore (judge in Empoli (Florence, Italy)
1966-79: Sostituto Procuratore della Republica (General Advocate) in Florence, Italy
1975-79: Member of the Conseil Judiciaire of the Tuscany region
b. Activities in the field of legal affairs other than judicial
1979-94: Member of the Italian Parliament Committee on Justice (Chamber of Deputies)
Activities of particular interest:
Rapporteur for: the legislation on the new code of criminal procedure; the reform of the regime of adoptions; the law concerning the prevention and fight against drug addiction; the constitutional reform of the regime of parliamentary immunities; laws concerning the fight against terrorism
Proponent of the law proposals on the reform of the code of civil procedure and on the abolition of death penalty in the military code, both approved by the parliament
Vice-Chairman of the "Committee of inquiry on ministerial crimes"
Member of parliamentary committees of inquiry
Member of the committee on the immunities of deputies
1984-present: Member of the European Parliament
Since 1984: Member of the Committee on Legal Affairs and Citizens' Rights
Chairman from July 1994 to January 1997
Vice-Chairman until July 1994
Activities of particular interest:
Rapporteur on the ethical and legal aspects of assisted procreation; international adoption of minors; the protection of minors and the fight against sexual abuse of minors
Member of the Sub-Committee on Human Rights, of the Committee on the Rules of Procedure and of the Committee on Petitions
c. Description of professional activities outside the field of legal affairs
Member of the ACP-UE Joint Assembly (Vice-Chairman from July 1987 to January 1992)
Member of the delegations of the European Parliament for South America, Romania and Bulgaria
IV. Activities and experiences in the field of human rights
Speaker in university seminars and study congresses on human rights:
"The State of Law", University of Lublin (PL), 1992
World Conference of Cairo on Population and Development, CAIRO, 1994: Member of the delegation of the European Parliament
Third Symposium on Bioethics of the Council of Europe: "Assisted reproduction and human embryos protection". Speaker and co-ordinator of a session, Strasbourg, 1996
VIII Master in Person and People's, "The Human Rights in the European Union System", University of Padova (I), Study Centre on Human and Peoples Rights, February 1997
European Masters in Human Rights and Democratisation, Venice 1997-98 organised by ten European universities: Padova, Leuven, Abo-Turku, Maastricht, Strasbourg, Coimbra, Bochum, Deusto, Dublin and Essex
Promoter and Chairman of the "European Committee on Education on Human Rights"
From 1986 promotion of the Annual European Young People Competition (about 300 000 participants) on Human Rights and European Integration
V. Public activities
Since 1989: Representative of Italian Government to the "International Center for Development of the Child" of UNICEF in Florence
1966-79: Director of the Council of Social Help for released prisoners and for prisoners' families
1989-94: Member of the town council of Scandicci (I)
VI. Other activities
Since 1991: Board of directors of the Società Cattolica di Assicurazione, (Verona-I)
Since 1976: Chairman of the Conservatorio San Pier Martire (primary and secondary private school)
VII. Publications and works
Author of 967 articles on human rights, justice, terrorism and criminality issues published on legal revues, magazines and newspapers
Author of thirty-two essays and fifty-seven collective works as participant
Main books and publications:
La nuova disciplina dell'aborto volontario, Cedam, Padova, 1978
Pornografia e prostituzione, La Parola, Rome 1980
Diritto alla vita: la vicenda costituzionale, Dehoniane, Roma-Napoli 1982
Libertà sessuale e dignità della persona, in Studi Cattolici, n.265 March 1983
Comunità europea e diritto alla vita in Studi sociali, XXV, n.8, August 1985
Le Costituzioni degli Stati Membri della Comunità Europea, European Center of Kirkberg, Luxembourg, 1985
Il Parlamento Europeo per uno statuto giuridico dell-embrione umano, Cinque Lune, Rome, 1989
La dignitá umana: dalla banalizzazione al recupero dei suoi contenuti, in La Cultura della vita, a cura P P Donati, ed. Franco Angeli, Milan, 1989
Introduzione al codice della maternità. La legislazione in materia di matrimonio e maternità. Maggioli, Rimini, 1994
Biotecnologie: criteri eticdi e giuridici, Quaderni europei del PPE n.61, Brussels, October 1991
Identitá e stato di diritto in Studi Sociali, ed. Dehoniane, Roma-Napoli, July-August, 1993
Il principio di non discriminazione in Cultura libri X, n.90 January-February, 1994
Las politicas familares en Europa y en el mundo in Familia en un mundo cambiante, a cura di D Borobio, Pontificia Universitá di Salamanca, 1994
Verso il riconoscimento della soggettività giuridica del concepito, in Giurisprudenza Costituzionale n.42, Giuffrè, Milano 1997
L'Union européene e la protection de l'enfance, Communications, Paris, 1997
VIII. Languages
Mother tongue: Italian
Official languages
French: speaking and reading very good, writing good
Other languages:
Spanish: reading good
IX. Other relevant information
Married since 1964 with Maria Nitti, 4 sons
Hobbies: trekking, ski, opera and theatre
Maurizio Fiorilli
I. Personal details
Sex: Male
Date and place of birth: 12 April 1939 Mantova
Nationality: Italian
II. Education and academic and other qualifications
8.3.1963: Degree of law at the University of Padova with 110/110 cum laude with a thesis in Constitutional Law on the Commissions of the Parliamentary Enquiry
26.6.1965: Winner of the national competition for Procuratore Aggiunio dello Stato
19.9.1970: Winner of the national competition for Sostituto Avvocato dello Stato
2.12.1996: Appointed Avvocato Distrelluale dello Stato of Perugia (see judgment of evaluation here attached as Annex )
10.9.1970: Winner of the national competition for Assistant in Comparative and Constitutional Italian Law
Lecturer of the courses of the Community Law at the Faculty of Veterinary of the University of Milan
III. Professional activities
a. Descripton of judicial activities
In the 32 years of professional activity as a Avvocato dello Stato, he has done judiciary and advisory activity in the field of civil law, public law, criminal law, international law and community law. As a Sostituto Avvocato Generale dello Stato (19.9.1980) he has mainly worked in the field of administrative law, communitary and constitutional law at the Supreme Court, Constitutional Court, Consiglio di Stato, Court of Justice of the European Community and Tribunal of First Instance
He has an in depth knowledge of the international law (public and private) and the communitary law. He has treated the questions of the UN-UE embargo with the Yugoslav Republic, the illicit trade of drugs, weapons, money and works of art, war materials and triangulation
He was in a working group on international conventions of extradition for evaluating their compatibility with the Italian Constitution and the principles of human rights and the death penalty, equitable and timely proceedings, preventative detention
b. Details of non-judicial legal activities
1961-64: Assistant of General Public Law (University of Rome La Sapienza, Faculty of Law)
1965-73: Assistant of Comparative and Constitutional Italian Law (University of Padova, Faculty of Law)
1969-73: Lecturer of Comparative and Constitutional Italian Law at the courses of workers students (University of Padova, Faculty of Political Sciences)
1995-97: Lecturer of Community and Administrative Law at the courses of specialisation of veterinarian legislation at the University of Milan, Faculty of Veterinary
Legal Adviser at the Environmental Ministry
1987, 1988, 1990-95: Legal Adviser at the Ministry for Foreign Affairs
1988-90: Ispettore Centrale Tributario (SECIT)
1995-96: Capo dell'Ufficio Legislativo of the Ministry of Industry
1995: He was charged by the Foreign Affairs Ministry of a course of international organisation for officers of the Albanian Ministry for Foreign Affairs
1997: Legal Adviser at the Presidenza del Consiglio dei Ministri — Dipartimento delle Politiche dell'Unione Europea
Member of the Scientific Committee of the Human Rights Center at Libera Università degli Studi Sociali (LUISS)
c. Details of all non-legal professional activities
IV. Activities and experience in the field of human rights
He is a member of Amnesty International since 1975 and President of the Italian Section from 1988 to 1992. He participated as a speaker to national and international conferences, to television and radio programmes on different subjects: torture, death penalty, juridical issues related to the Human Rights Declaration. He also had relations with the Ministry for Foreign Affairs and with the Commissions of the Italian Parliament on the issues of refugees, torture, the trade of weapons, political trials and the issues of the UN Human Rights Commission
For the Italian Section and together with the University of Bologna, he has organised the conferences La pena di morte nel mondo (Bologna, 24-30 October 1982) and Intolleranza, uguali e divertsi nella storia (Bologna, 12-14 December 1985) and some stages on human rights from 1986 to 1990
He had confidential relations with the foreign heads of state and carried confidential enquiries on the violations of human rights
From 1974 to 1991, he supervised all the adoption cases of the Italian section
From 1992 to 1994, as Vice-President of the Consiglio Italiano dei Rifugiati (CIR) created by the High Commission or the UN and the non-governmental organisations for human rights, he has given legal advice on refugees and people asking for political asylum.
He was the Chairman of Commissions of Italian NGOs for drafting laws on the following issues: abolition of the death penalty from the war codes, abolition of the geographical reservation to the Geneva Covenant on Refugees, regulation of the asylum rights, preventative detention, drafting of a project of individual claim to the European Court of Human Rights
The role of President of the Italian Section of Amnesty International and that of Avvocato dello Stato has obstructed to him to publish works (articles, essays, books, etc.) on the subject of the Italian legislation on human rights
V. Public activities
He never participated to the political activity
VI. Other activities
VII. Publications and other works
Codice del territorio della regione veneta (1970-80)
L'Atto Unico a la fiscalità communitaria (study given by the Presidenza del Consiglio dei Ministri)
Report to the X Congress of the European Lawyers on "The evolution of the role of the Court of Justice in the EU legal system"
VIII. Languages
Mother tongue: Italian
Official languages:
English, French
LATVIA
Permanent Representation of Latvia
to the Council of Europe
Strasbourg, 21 October 1997
Your Excellency,
I have the honour to inform you that the prospective candidates for the election of judges for the new Human Rights Court from Latvia are Mr Egils Levits, Mr Uldis Kinis and Mrs Jautrīte Briede.
Please find enclosed the detailed biographic notes of all three candidates.
I take this opportunity to assure Your Excellency the assurance of my highest consideration.
Andris Teikmanis
Permanent Representative of Latvia
to the Council of Europe
H.E. Mr Daniel Tarschys
Secretary General
Council of Europe
Egils Levits
I. Personal details
Date and place of birth: 30 June 1955 in Riga, Latvia
Nationality: Latvian
II. Education and academic qualifications
1962-72: Primary and secondary education in Riga, Latvia
1975-82: Studies in law, Faculty of Law, University of Hamburg, Germany
1980-84: Studies in political sciences, Faculty of Philosophy and Social Sciences, University of Hamburg, Germany
Degrees: Assessor of Law, Diploma in Political Sciences
III. Professional activities
a. Judicial activities
Since 1995: Judge on the European Court of Human Rights
Chairman of the Judicial Council of the National Human Rights Office (Latvian ombudsman-institution)
Since 1997: Conciliator of the Organisation on Security and Co-operation in Europe (Convention on Conciliation and Arbitration within the CSCE, 15 December 1992)
1989-92: Lawyer, Göttingen
1986-89: Referenda on the Higher Court of Schleswig-Holstein, Kiel
b. Non-judicial legal activities
Since 1997: Representative of the government in the Academic Council (designed) of the Riga Graduate School of Law (joint project between Latvian and Swedish Governments)
Since 1996: Member of the working group, appointed by the Minister of Justice, for the drafting of the Law on Administrative Procedure in administrative institutions and courts
Since 1993: Author and co-author of various laws and regulations, particularly:
Law on the Structure of the Cabinet of Ministers (new version), adopted on 15 July 1993;
Law on the Referendum, adopted on 13 March 1994
Law on the Procedure of the Proclaiming, Publishing, Taking Effect and Validity of Laws and Other Documents Passed by the Parliament, the President of the state and the Cabinet of Ministers, adopted on 18 June 1994;
Law on the Civil Service, adopted on 12 April 1994
Law on the Elections of the Lay Judges on the Courts, adopted on 27 October 1994;
Law on the Constitutional Court, adopted on 5 June 1996;
Law on the National Human Rights Office (ombudsman-institution), adopted on 5 December 1996;
Regulations of the Cabinet of Ministers on the Structure of Ministries, adopted on 8 January 1994;
Regulations of the Cabinet of Ministers on the Procedure of Administrative Acts, adopted on 13 June 1995
Since 1990: Various legal expertise for the government and parliament, especially in the fields of international law, constitutional law and administrative law, including human rights issues
1994-95: Chairman of the government working group for the drafting of long-term concept of the reform of the state administration (Concept adopted by the Cabinet of Ministers on 28 March 1995)
1993-94: Member of the Judicial Commission of the parliament
1991-92: Legal Adviser of the parliament (in the fields of international law and law reform policy)
1989-92: Research Fellow of the Institute for German and East European Studies, Göttingen
1984-86: Research Fellow of the Faculty of Law, University of Kiel
1982-84: Research studies for the international project "Human Rights in Europe in the Light of the Documents of the Conference on Security and Co-operation in Europe (CSCE)"
c . Non-legal professional activities
1994-95: Ambassador of the Republic of Latvia to Austria, Switzerland and Hungary
1993-94: Deputy Prime Minister (responsible for Foreign, Internal and Law Policy) and Minister of Justice, Member of the parliament
1992-93: Ambassador of the Republic of Latvia to Germany and Switzerland
IV. Activities and experience in the field of human rights
Since 1995: Judge on the European Court of Human Rights
Chairman of the Judicial Council of the National Human Rights Office (Latvian ombudsman-institution)
Member of the Advisory Board of Latvian Human Rights Institute at the University of Latvia
Since 1996: Research Fellow and National Co-ordinator of the international project "Fundamental Rights in Europe", supported by the European Commission
Since 1992: Organisation and lectures in various programmes of human rights education (conferences, seminars, courses, lectures) especially for public servants and judges
Since 1991: Various legal expertise and opinions for the government and parliament on the issues of human rights, particularly:
1997: Comments to the draft of Part II of the Constitution: Fundamental Rights and Freedoms;
1997: Legal problems of the registration of the religious organisations
1996: Problems of the implementation of the European Convention on Human Rights
1995: National Report for the UN Committee on Human Rights (Article 40 of the International Covenant on Civil and Political Rights)
1994: European Convention on Human Rights and fundamental rights in the national legal system
1991: Comments to the Constitutional Law on the Rights and Obligations of a Citizen and a Person (adopted on 10 December 1991)
1994-95: Member of the governmental working group for the drafting of a long-term concept of the implementation of human rights — National Human Rights Program (Program adopted by the Cabinet of Ministers on 9 May 1995)
1989-92: Studies on the problems of the implementation of human rights in the constitutional law and administrative law in the East European Countries in the period of transition (as Research Fellow of the Institute of German and East European Studies, Göttingen)
1984-86: Studies on the role of human rights in different national law systems ( as Research Fellow of the Faculty of Law, University of Kiel)
1982-84: Research studies for the international project "Human Rights in Europe in the Light of the Documents of the Conference on Security and Co-operation in Europe (CSCE)"
Since 1984: Various studies, articles and lectures concerning human rights issues
V. Public activities
1993-94: Member of the government: Deputy Prime Minister and Minister of Justice
Member of the parliament: Member of the Judicial Committee
VI. Other activities
Member of the International Commission of Jurists — Latvian Section
Member of the Advisory Board of the Latvian Institute of Foreign Affairs
Member of the Advisory Board of the Latvian Institute of Human Rights
Member of the Latvian Council of Ethics
Member of the Jānis-Čakste-Foundation for Democracy
Member of the Latvian Lawyers Association
Member of the Latvian Association of Political and Social Sciences
Member of the Association for the Advancement of Baltic Studies (USA)
Member of the German Association for East European Studies (Germany)
Ordinary Member of the Baltic Historical Commission (Germany)
Member of the Association for Nationalities Studies (Canada)
VI. Publications
Co-editor of scientific magazines:
Latvijas Cilvēktiesību žurnāls/Latvian Human Rights Quarterly, Riga
Latvijas Vēsture/History of Latvia, Riga
Verfassungs- und Verwaltungsrecht der Staaten Osteuropas / Constitutional and Administrative Law of the Countries of Eastern Europe, Baden-Baden
Wirtschaftsrecht der osteuropäschen Staaten / Economic Law of East European Countries, Baden-Baden
Approximately 80 publications on the legal and political science issues, especially in the fields of constitutional law, administrative law, human rights, legal theory, problems of the transformation of post-socialist law systems and societies.
Some recent publications:
The Application of the European Convention on Human Rights in Latvian Courts, in: The Role of the Courts and the Administrative Procedure on the Implementation of Human Rights in Latvia, Riga 1997
The Public Law Treaty in Latvian Administrative Law, in: The Role of the Courts and the Administrative Procedure on the Implementation of Human Rights in Latvia, Riga 1997
The Constitutional Judiciary in Latvia, in: Osteuropa-Recht, 1997, No. 4, also in: Die baltischen Staaten im funften Jahr ihrer Unabhängigkeit, Münster 1997
The Treaty of Association between European Union and Latvia and the Transformation of Latvian Law System, in: Baltic States at the Crossroads, Riga 1997
The Approximation of Law Systems between Latvia and the European Union and the Realisation of the Principles of the State of Law ("Rechtsstaat"), in: Latvia and European Union, Vol. 5, 1997
Functions of Law in a Democratic State, in: Theory of Law, ed. by E. Melkisis and J. Jelagins, Riga 1997
Interpretation of Legal Norms and the Notion of Democracy in Article 1 of the Constitution, in Latvian Human Rights Quarterly, 1997, No. 1
The Development of Latvian Law System since 1990: Law Reforms and Problems of Transition, in: History of Latvian Law, ed. by V. Blūzma, Riga (will be published 1998)
Civic Nation and Cultural Nation: The French and German Models of Nation, in: Civic Consciousness, Riga 1997
Norms and Legal Rank of International Human Rights and National Fundamental Rights in the Present Latvian Legal System, Riga 1997
In Between the Legal Norm and the Legal Reality, in: General Findings of Legal Theory and State Law, Riga 1997
The Chances of the Evaluation of the Recent Past: Legal Possibilities and Limitations, in: The Evaluation of the Recent Past of Latvia, Riga 1997
VIII. Languages
Mother tongue: Latvian
Official languages:
English: fluently
French: limited communication
Other languages:
German: fluently
Russian: fluently
IX. Other relevant information
Numerous journal articles and essays, especially on legal and political problems of emerging democracies
Computer skills (Word for Windows, Excel, Internet)
Uldis Kinis
Personal details
Marital status: married
Nationality: Latvian
Age: 43
Date and place of birth: 11 June 1953, Latvia, district Saldus
Sex: male
Professional activities
May-June 1994: Study in Norway judiciary and human rights
November 1995: Participation in conference "Children who kill", London
18 August to 18 September 1996: Study in judges training course, organised by NCSC USA St Virginia
Judges qualification second class, what highest class for lowest and appeal courts judge is
September 1997: Participation in EC Conference "Environmental rights for judges"
I am appointed by Ministry of Justice as expert to EC Committee on Computer-Related Crimes PC-CY
I am a leader of providing ideas about court technology development in Latvia
I am teacher of business law and human rights at Kuldiga State Gymnasium
Education
1976-81: Degree Latvian University Lawyer Faculty
1995-97: Latvian University Lawyer faculty postgraduate course, Masters Degree
Theme of dissertation: "Forest protection against illegal actions"
Participation in different judges training courses in a national and international level
Professional experience
1981-97: Chief Judge of Kuldiga region court
Kuldiga region court appointed as experimental base court on court technology
Activities and experiences in the field of human rights
Teacher at Kuldiga State Gymnasium. Subject: Business law and human rights
I was indicator of making special booklets for society. Purpose introduce society what court is. What is duty for courts and parties and others, who would like to bring actions to the court. This project was established by co-operation CEELI (Central and East European Law Initiative, project of the American Bar Association) and Latvian Judges Association
Other activities
I am Vice-President of Latvian Judges Association. My duty is international relations
Charter President of Kuldiga Rotary Club
Patents and publications
I have some publications in National Lawyer Magazine
I am author of four international reports about Latvian Judiciary, about "Juvenile crimes situation in Latvia, and some others. Those documents were officially distributed by different international organisations like EC, CEELII, UNDP and others
I am author of the Project of National Court Technology Development Program
Professional memberships
Member of Latvian Judges Association
Languages
Mother tongue: Latvian
Official languages:
English
Other languages:
Russian
Some German
Jautrīte Briede
Personal details
Born: Latvia 1961, Latvian citizen
Education
Lawyer, University of Latvia, 1987
Human Rights Course in Birmingham (2½ months) and in Oxford (l month)
Doctorate of University of Latvia, speciality of public law in 1996
Work experience
Since 1995 University Lecturer (administrative rights and procedure)
1995-97: Legal Adviser and Head of Analysis
Department: Latvian Human Rights Office
1993-95: Legal Adviser: Ministry of State Reform
1988-93: Legal Adviser: Institute of Science of Veterinary
1987-88: Legal Adviser: wood-working enterprise "Agrokoks"
Languages
Latvian, Russian, English, some German
Other information
Computer skills (Word for Windows)
Author and co-author of the Regulations on Penalties for Civil Servants, Law on Conflicts of Interests, (Anticorruption Law), Administrative Procedure Law and Law on National Human Rights Office
Legal redactor of Latvian version of European Convention on Human Rights
Other activities
Latvian Lawyers Association
European Group of Public Law
Project Group on Administrative Law of the Council of Europe
LITHUANIA
Permanent Representation of Lithuania
to the Council of Europe
Strasbourg 10 November 1997
Dear Sir,
Referring to your letter of 6 October, 1997, regarding the election of judges for the new permanent Court of Human Rights, I have honour to inform you that Mr Algirdas Brazauskas, President of the Republic of Lithuania has issued the Decree, confirming the list of candidates to the Single European Court of Human Rights, to be launched on 1 November, 1998. This completes the formal procedure of the nomination, required under internal procedures of the Republic of Lithuania.
The candidates fulfil the requirements set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and are listed in the order of preference of the Government of the Republic of Lithuania. The text of the above-mentioned Decree and the curriculum vitae of all three candidates are appended.
Please accept the assurances of my highest consideration.
Yours sincerely,
Aurimas Taurantas
Ambassador
Mr Daniel Tarschys
Secretary General
Council of Europe
Strabourg
Official translation
DECREE
concerning the candidates of the Republic of
Lithuania for the European Court of Human Rights
16 October 1997, No. 1431
Vilnius
Article 1
Pursuant to Protocol No. 11 to the European Convention on Human Rights and Fundamental Freedoms and having regard to the recommendation by the Prime Minister, I hereby present the following candidates of the Republic of Lithuania for the European Court of Human Rights:
Pranas Kūris — Judge of the European Court of Human Rights, Chairman of the Supreme Court of Lithuania;
Egidijus Bieliūnas — Member of the European Commission of Human Rights;
Vytautas Milius — Chairman of the Court of Appeal of Lithuania.
Article 2
This Decree enters into force on the date of its signing.
President of the Republic Algirdas Brazauskas
Prime Minister Gediminas Vagnorius
Pranas Kūris
I. Personal details
Sex: male
Date and place of birth: 20 August 1938, Šeduva, Republic of Lithuania
Nationality: Lithuanian
II. Education and qualifications
1961: Lawyer Degree, Vilnius University
1965: Ph.D. (Law), Moscow State University
1973: Dr. Hab. (Law), Moscow State University
1996: Full Member (Law) of the Academy of Sciences of Lithuania
III. Professional activities
a. Details of judicial activities:
April 1994-present: Judge at the European Court of Human Rights
13 December 1994 (appointed)-present: Judge at the Supreme Court of Lithuania
20 December 1994 (appointed)-present: President of the Supreme Court of Lithuania
b. Details of non-judicial legal activities:
1961-63: Lecturer, Faculty of Law, Vilnius University
1963-65: Post-graduate, Faculty of Law, Moscow State University
1965-69: Assoc. Professor, Faculty of Law, Vilnius University
1969-71: Dean, Faculty of Law, Vilnius University
1971-73: Assoc. Professor, Faculty of Law, Vilnius University
1973-77: Dean, Faculty of Law, Vilnius University
1974-present: Full Professor in International Law, Vilnius University
1977-90: Minister of Justice, Lithuanian S.S.R.
March 1990-June 1991: Minister of Justice, Republic of Lithuania
March 1991-January 1992: State Counsellor of the Republic of Lithuania
c. Details of all non-legal professional activities:
February 1992-June 1994: Extraordinary and Plenipotentiary Ambassador of the Republic of Lithuania to Belgium, Luxembourg and the Netherlands
IV. Activities and experience in the field of human rights
April 1994-present: Judge at the European Court of Human Rights
V. Public activities
Member, Association of International Law
Member, Association of Judges of the Republic of Lithuania
VI. Other activities
Member of numerous dissertation committees (Law) at Vilnius University, St Petersbourg University, University of Latvia
VII. Publications and other works
Books:
"Problems of Responsibility in International Law", Vilnius, 1970 (in Lithuanian)
"Problems in the Theory of International Law", Vilnius, 1973 (in Lithuanian)
"Violations of International Law and Responsibility of States", Vilnius, 1973 (in Russian)
"Responsibility of States and its Foundations in Modern International Law", Moscow, 1973 (in Russian)
"Outlines of International Law", Vilnius, 1985 (in Lithuanian, with M. Pozarskas)
Translations:
Editor and supervising translator into Lithuanian of: Vincent Berger "Case Law of the European Court of Human Rights" (from French), Vilnius, 1997
VIII. Languages
Mother tongue: Lithuanian
Official languages:
English: understanding, reading;
French: speaking, reading, writing.
Other languages:
Russian: speaking, reading, writing;
Polish: speaking, reading;
Ukrainian: understanding, reading;
Byelorussian: understanding, reading.
IX. Other relevant information
Fellowships and scholarships:
October 1967-July 1968: Institute des Hautes Etudes Internationales, Université de Paris,
(director Prof. Ch. Rousseau)
1970: The Hague Academy of International Law, Research Center
International negotiations:
1990-92: Member, Delegation of the Republic of Lithuania for Negotiations with the USSR
International conferences:
Participation in numerous international conferences on international law, protection of human rights, international security and co-operation, etc.
Egidijus Bieliūnas
I. Personal details
Sex: male
Date and place of birth: 13 December 1950, Panėvėžys, Lithuania
Nationality: Lithuanian
Marital status: married, two children
II. Education and academic and other qualifications
1968: Secondary school, Kupiškis, Lithuania
1968-73: Faculty of Law, Vilnius University, student
1974-77: Faculty of Law, Moscow University, postgraduate student
1978: Candidate of juridical sciences, thesis presented and defended in Moscow University
1980-81: Institute of Comparative Law, Paris, Grant-aided student, Supervisor-Director of Institute Mr Marc Ancel
1994: Doctor of social sciences. Nostrificated by the Scientific Council of Lithuania
III. Professional activities in chronological order
1969-73: Technician, Laboratory of criminal research techniques, Faculty of Law, Vilnius University.
1977-83: Assistant, senior lecturer, Department of Criminal Law, Faculty of Law, Vilnius University
1984-89: Associated Professor, Department of Criminal Law, Faculty of law, Vilnius University
1990-92: Senior consultant, Juridical department of the Supreme Council of the Republic of Lithuania
1992-94: First secretary for consular affairs, Embassy of Lithuania for Benelux countries, Brussels
1994-96: Adviser, Embassy of Lithuania in France, Paris
From 1996: Member of the European Commission of Human Rights, Strasbourg
IV. Activities and experience in the field of human rights
Member of the European Commission of Human Rights.
Participation in the Conferences, for example:
"Nationality and state succession" organised by the European Commission for Democracy Through Law in co-operation with Division I of the Council of Europe, the University of Vilnius and Constitutional Court of Lithuania. Vilnius, 16-17 May 1997. Report: "Approach of New States concerning succession and accession to Universal Treaties and Human Rights obligations: issues of citizenship";
"Institutional mechanisms of the protection of Human Rights" organised by the Lithuanian centre of Human Rights, Vilnius, 13 May 1997. Report: "The first Lithuanian cases before the European Commission of Human Rights".
Scientific publications, including teaching material in the field of the protection of Human Rights especially in application of criminal law.
V. Public activities
Lecturer for public lectures in the field of law and especially human rights defence
Observer in the first independent parliamentary elections in Lithuania, 1990.
Secretary of Lithuanian parliamentary delegation to the Parliamentary Assembly of the Council of Europe, 1991-92.
VI. Other activities
Participation in the beginning of the development of Lithuanian Law Information System.
VII. Publications and other works
Approximately 40 publications in the field of criminology, criminal law, qualification of the criminal offences and Human Rights protection.
Books and brochures:
Kriminologija (Criminology), 1994 342p. (co-author).
Teisė ir persitvarkymas (The law and "perestrojka"), 1989, 283p. (co-author).
Lietuvos TSR baudžiamojo kodekso komentaras (Commentary of the penal code of the RSS of Lithuania), 1989, 466p. (co-author).
Teisė-visuomeninė vertybė (The law as social value), 1988, 257p. (co-author).
Ũkiniai nusikaltimai Lietuvos TSR baudžiamuosiuose įstatymuose (Economic offences in the criminal legislation of the RSS of Lithuania), 1986, 83p. (co-author).
Nusikaltimų kvalifikavimas esant jų daugetui ir baudžiamosios teisės normų konkurencijai (Qualification of offences: the cumulative cases and competition of criminal law norms), 1984, 77p. (co-author).
Articles:
Originali nusikaltėlio asmenybės koncepcija (Original conception of the criminal personality). Teisė apžvalga (Revue of law), 1991, Nr.1, pp. 12-15.
Kvalifikuota nusikaltimo sudėtis (Qualified corpus delicti). Teisė apžvalga (Revue of law), 1990, Nr.3, pp. 3-9.
Administracinė prejudicija baudžiamajame įstatyme (Administrative prejudgment in criminal law). Teisė apžvalga (Revue of law), 1990, Nr. 1, pp. 10-14
Nusikaltimų kvalifikavimo teorijos aktualũs klausimai (Actual topics of the theory of qualification of criminal offences). Teisė (The law), 1989, Nr. 22, pp. 33-38.
VIII. Languages
Mother tongue: Lithuania
Official languages:
French: speaking, reading, writing — fluent
English: reading (fluent), speaking, writing (modest level);
Other languages:
Russian: speaking, reading, writing (fluent)
IX. Other relevant information
1987-1992: Member co-ordinator of working groups for the preparation of the new Lithuanian penal code and criminal procedure code projects
Vytas Milius
I. Personal details
Sex: male
Date and place of birth: 21 February 1949 Varėna Lithuania
Nationality: Lithuanian
II. Educational and academic and other qualifications
1972-77: Vilnius State University, Law faculty, Degree of juridical studies
1984: Refresher course of Judges in Moscow
1995-96: Probation in France: Metz, Paris, Bordeaux
1997: Probation in USA
III. Professional activities
a. Details of judicial activities:
1990-92: Judge of the Local Court of Šilutė, Chairman of the Local Court of Šilutė
1990-92: Judge of the Supreme Court of Lithuania
1992-94: Chairman of the Local Court of Druskininkai
1995: Chairman of the Court of Appeal of Lithuania
b. Details of non-judicial legal activities:
1977-80: Lawyer of Šilutė District Municipality
c. Details of all non-legal professional
VI. Activities and experiences in the field of human rights
Participated in the seminars, conferences organised by the Lithuanian Human Rights Centre
V. Public activities
A member of the Judges Association of Lithuania, the Secretary of the Council of Judges, the Chairman of the Judges' Examination Committee
VI. Other activities
Field —
Duration —
Functions —
VII. Publications and other works
Differences between the appellate and cassational criminal process in Lithuania
VIII. Languages
Mother tongue: Lithuanian
Official languages:
French (can read, speak and write)
Other languages:
Russian (can read, speak and write fluently)
LUXEMBOURG
Permanent Representative of the Grand Duchy
of Luxembourg to the Council of Europe
Strasbourg, 14 November 1997
Dear Secretary General,
Election of the Judges to the new permanent Court of Human Rights
In reply to your letter of 6 October 1997 please find below the list of candidates put forward by the Luxembourg Government for the post of judge at the European Court of Human Rights.
These are, in order of preference:
Mr Marc Fischbach
Mr Mark Mathekowitsch
Mr Francis Delaporte
Their curricula vitae are attached.
...
(signed) Arlette Conzemius-Paccoud
Amabassador
Mr Daniel Tarschys
Secretary General
Council of Europe
Strasbourg
Marc Fischbach
I. Personal details
Sex: Male
Date and place of birth: 22 February 1946 in Luxembourg (Grand Duchy of Luxembourg)
Nationality: Luxembourger
II. Education and academic and other qualifications
1958-65: Secondary education at the Athénée, Luxembourg
1965-66: Higher education, Luxembourg
1966-69: Faculty of Law, University of Nancy: Doctor of Law
1972: Examinations for entry into the notarial profession
1974: Final examinations for entry to the Luxembourg Bar
III. Professional activities
a. Judicial activities
b. Non-judicial activities
1969-72: Trainee "avocat" in the chambers of Mr Tony Biever, "avocat-avoué"
1972-74: Trainee notary in the office of Mr Roger Wurth, notary
1972-79: Secretary to the Social-Christian Party Parliamentary Group; drafting of parliamentary bills, either alone or jointly
1979-84: Member of the Law Commission of the European Parliament Committee on Legal Affairs
Member of the Law Commission of the Chamber of Deputies
1982-84: Notary at Mersch
1989-97: Minister of Justice in two Luxembourg Governments and, in that capacity, responsible for human rights legislation
c. Professional activities outside the legal sphere
1972-79: Permanent Secretary to the Social-Christian Group
1984-89: Minister of Agriculture and Viticulture
Minister of the Interior
1989-94: Minister of Justice
Minister of Education and of Scientific Research
1984-97: Minister of Justice
Minister for Relations with Parliament
IV. Activities and experience in the field of human rights
All my political actions have been taken with due regard for human rights. I introduced a number of parliamentary bills when I was at the Ministry of Justice all of which were inspired by human rights considerations.
V. Public activities
1979-84: Member of the Chamber of Deputies
Member of the European Parliament
1982: Deputy Burgomaster of the City of Luxembourg
V. Other activities
VII. Publications
In my capacity as Minister of Justice I drafted a number of bills concerning civil law, criminal law, administrative law and private international law.
VIII. Languages
Mother tongue: Luxembourgish
Official languages:
English, good
French, better
Other languages:
German, good
Marc Mathekowitsch
1. Personal details
Male
Born 26 June 1954 in the City of Luxembourg
Nationality Luxembourger
Married, two children
II. Education, academic and other qualifications
1966-73: Secondary education at the Athénée Grand Ducal, City of Luxembourg;
(section Latin — languages)
1973-74: Higher Education (Law and Economic sections)
1974-77: Masters degree in Law (Commercial Law) at the University of Paris I Panthéon — Sorbonne
1977-78: Additional studies in Luxembourgish law
1980: Final entrance examinations for admission to senior administrative posts in the public service and public sector entities
1981: Final entrance examinations for admission to the Luxembourg Bar
The qualification also enables candidates to apply for posts in the Luxembourg judiciary
III. Professional activities
a. Judicial activities
From October 1995 onwards: Government Delegate at the Committee for Contentious Matters at the Conseil d'Etat
Following abolition of the Committee for Contentious Matters, Government Delegate at the Administrative Court and Administrative Court of Appeal (since 1 January 1997)
Member of the Committee to be formed for reviewing criminal cases
b. Non-judicial legal activities
1978-81: Trainee avocat
May 1978: Employee on secondment to the Ministry of Justice
June 1979: Administrative attaché at the Ministry of Justice
April 1980: Government attaché at the Ministry of Justice
April 1981: Principal Government attaché at the Ministry of Justice
May 1986: Deputy adviser to Head Office at the Ministry of Justice
May 1987: Deputy adviser, Ministry of Justice
June 1987: Government Adviser, Ministry of Justice
May 1990: Senior Government Adviser, Ministry of Justice
April 1995: Principal Government Adviser at the Ministry of Justice
Since May 1978: On the Legislative Studies Committee at the Ministry of Justice
Since 1978: Member of the Luxembourg Delegation on a number of committees and commissions at the European Union, the Council of Europe, the Hague Conference on Private International Law, the International Commission on Civil Status and International Commission on the Benelux countries
Since 1980: Member of the Luxembourg Delegation on the Committee for Legal Co-operation (CDJC) at the Council of Europe and, since 1985, Head of the Delegation
Since 1990: Member of the Luxembourg Delegation on the Steering Committee for Human Rights (CDDH) at the Council of Europe, and, since 1990, Head of the Delegation
From 1993 to 1996: Member of the Executive Body of the Committee on Legal Co-operation (ECLC) of the Council of Europe
Since 1994: Member of the Luxembourg Delegation on the European Committee on Crime Problems (CDPC) of the Council of Europe and, since 1994, Head of the Delegation
Since March 1994: Secretary to the Luxembourg Section of the International Committee on Civil Status and, since March 1987, Chairman of the Luxembourg Section
Current Chairman of Steering Group III "Judicial Cooperation" operating at the European Union, as part of the 3rd pillar
c. Non-legal professional activities
Public servant since 1978-79 at the Ministry of Justice and, since 1987, in highest office in the Luxembourg public service; the undersigned has real experience in the administration and management of public services
IV. Activities and experience in the field of human rights
Since 1990, member of the Luxembourg Delegation on the Steering Committee for Human Rights (CDDH) at the Council of Europe, and, since 1990, Head of the Delegation (see above)
Assisted the Luxembourg Government in several cases before the Strasbourg institutions
Since 1993, on the board of directors of the Luxembourg Human Rights Institute
Drafted a number of parliamentary bills when at the Ministry of Justice incorporating various protocols to the European Convention on Human Rights
V. Public activities
Since 1987: member of the Kehlen (4,700 inhabitants) Town Council (Grand Duchy of Luxembourg)
1987-93: Chairman of the Cultural Affairs Committee, Kehlen Town Council
Since 1996: Chairman of the Schools' Committee of the Kehlen Town Council
VI. Other activities
I have always performed voluntary work on behalf of cultural and sporting organisations in Kehlen, both as an ordinary member and as a member of the committee
Since 1985, on the board of directors of the Family and Sex Education Foundation of the Grand Duchy of Luxembourg
VII. Publications
As a senior public servant at the Ministry of Justice, responsible for drafting (alone or with others) various parliamentary bills concerning civil law, criminal law, administrative law and private international law
Responsible for the compilation and editing of Luxembourg statutes in civil law, commercial law and criminal law (seven volumes)
Responsible for updating the Civil Code, Code of Civil Procedure, Commercial Code, Criminal Code and Code of Criminal Investigation Code in Luxembourg
VIII. Languages
Mother tongue: Luxembourgish
Official languages:
English: reasonable
French: good
Other languages:
German: good
I studied Latin for seven years at secondary school
Francis Delaporte
I. Personal details
Sex: Male
Date and place of birth: 8 February 1959 at Luxembourg
II. Education, academic and other qualifications
June 1978: Diploma on completion of secondary education, section B (latin-mathematics)
1978-79: Course at the Faculty of Law, Luxembourg (First Class)
1979-82: Studied law at the Robert Schumann University in Strasbourg, Masters Degree in Private Law (Upper Second Class)
1982-83: Additional course: certificate of additional training in Luxembourg law (finished first)
1985: Final entrance exams to the notarial profession in Luxembourg (finished first), and subsequently, applicant for notarial office
1986: Final bar entrance exams in Luxembourg (entrance examinations for the profession of "avoué")
III. Professional activities
a. Judicial activities
Avocat at the Luxembourg Bar from 9.2.1983 to 12.6.1986
Avocat avoué at the Luxembourg Bar from 13.6.1986 to 30.9.1993
First Vice-President of the Administrative Court since 1.1.1997
b. Non-judicial legal activities
1985-86: on the Young Lawyers Group Committee at the Luxembourg Bar, speaker at the young lawyers' ceremony marking the beginning of the judicial year
1987-95: Chairman of the Saint-Yves — Association of Catholic lawyers from the Grand Duchy of Luxembourg
1989 to date: teaching civil law to third year trainee "avocats"
1990 to date: teaching civil law at the legal training department at the University of Luxembourg
1991 (inception) to date: on drafting and technical committees of the Luxembourg Law Annals (Annales du droit luxembourgeois)
1995 to date: lecturer at the Administrative Training Institute (Luxembourg Political and Administrative System; Administrative Law)
May 1997: Joint Rapporteur at the Luxembourg Session of the Association Henri Capitant des Amis de la Culture Juridique Française (aliens in the city)
2 December 1997: Chairman on the debate on the free circulation of workers at the Belgian/Luxembourg seminary on "30 Years of Free Circulation of Workers in Europe" organised by the Université catholique de Louvain
c. Non legal professional activities
1989-93: member of the Committee on Family Matters (Conseil Supérior de la Famille)
1.1.1991-30.9.1993: correspondent for the Grand Duchy of Luxembourg at the United Nations High Commission for Refugees (UNHCR)
1992 (inception)-31.12.1996: Member of the (Luxembourg) Consultative Body on Refugees
1.10.1993-31.12.1996: Government Commissioner on Aliens
1.10.1993-1995: Chairman of the National Immigration Board
1995 (inception)-31.12.1996: Chairman of the National Immigration Board; between 1995 and 1996 three permanent special bodies were set up; (1) to combat racism in all its forms; (2) concerning cross-border workers; (3) concerning local consultative boards for aliens. Two special departments were also formed; (1) educational and (2) for aliens from outside the European Union
1993-96: Luxembourg representative on the European Committee on Migration (CDMG) at the Council of Europe
1993-96: Luxembourg correspondent in the continuous reporting system on migration (SOPEMI) of the OCDE
1993-96: Chairman of the National Conferences on Aliens
1.10.1993-31.12.1996: Chairman of the Interministerial Committee coordinating policy in favour of aliens
1996: Member of the Steering Committee of the National Solidarity Fund
16.9.1996-31.12 1996: Founder Member and Deputy Chairman of the charitable body. "1997 International Year against Racism"; since 1.1.1997, Member of the Committee
IV. Activities and experience in the field of human rights
CF: mainly IIc
Also II, III a and b and V
V. Public activities
1984: Speaker at the Saint-Yves Conference "restructuring the system of summary applications" ("le référé en chantier")
1984-92: talks on the rights and obligations of spouses (instruction to couples intending to marry)
1986: speaker at the young lawyers' ceremony marking the beginning of the judicial year
1988: Chairman at the debate on the Constitution (Saint-Yves Conference)
1991-93: public lectures on the status of refugees and the role of the HCR
1993-96: public lectures on the status of aliens, on the right of non-Luxembourg nationals to vote and on the local consultative boards for aliens
14.4.1994: appeared in the RTL/Télé Letzebuerg programme entitled "face to face with the press") ("Teschent den Zeilen")
1995: Chairman on a debate on the reform of the procedure for preparation of cases for trial (Saint-Yves Conference)
1996: Lecturer on the history of administrative litigation in the Grand Duchy of Luxembourg (to be published) at a debate on the new administrative courts
19.3.1996: Luxembourg Schmelztiegel Europas? Conférance davant le Deutscher Verein in Luxembourg
26.5.1996: special guest on the (1 to 7) programme on Sundays on RTL/Télé Letzebuerg
VI. Other activities
Active committee member and, in some cases secretary, of several organisations engaged in social, educational, linguistic and medical spheres
1987-94: member of the Pastoral Committee to the Bishopric and subsequently to the Archbishopric of Luxembourg
1988-96: Secretary to the Church Workshop Committee at Luxembourg station
1992-94: member of the lay persons committee at the Luxembourg Archbishopric
VII. Publications
Les fleurs du droit luxembourgeois in Bulletin de liaison de la Conférence Saint-Yves No. 66 (1986)
Rapports annuels du correspondant pour le Grand-Duché de Luxembourg au système d'observation permanente des migrations 1993, 1994 et 1995
L'étranger dans la cité ─ Journées luxembourgeoises-Association Henri Capitant (en cours d'édition) (co-auteur: Mr Jean-Mathias Goerens, 1er conseiller de la Cour administrative)
Histoire du contentieux administratif au Grand-Duché de Luxembourg (en cours d'édition)
VIII. Languages
Mother tongue: Luxembourgish
Official languages:
English: spoken, read and written
French: spoken, read and written
Other languages:
German: spoken, read and written
Italian: some knowledge
Dutch: some knowledge
1 1La thèse contient plusieurs développements concernant directement les droits de l'homme, voir notamment p. 351-360, 429-494.