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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 III
Curriculum vitae
Page
Malta 2
Moldova 17
Netherlands 26
Norway 41
Poland 60
Portugal 76Romania 95
MALTA
Permanent Representative of Malta
Our Ref: MFAE/565/97
Malta, 31 October 1997
Mr Daniel Tarschys
Secretary General of the
Council of Europe
Strasbourg
Your Excellency,
Election of Judges to the European Court of Human Rights
I have the honour to refer to your letter dated 6 October 1997 concerning the subject in caption and enclose the curricula vitae of the candidates being nominated by the Government of Malta for election of Judges to the European Court of Human Rights.
The candidates, in order of preference, are:
1. Dr Giovanni Bonello LL.D
2. Mr Justice Carmel A. Agius
3. Mr Justice Joseph Filletti
In accordance with the informal procedure for examination of candidatures for election to the European Court of Human Rights (cf. 593rd meeting, 27-28 May 1997), may I kindly request you to circulate to all delegations the above nominations.
Yours sincerely,
Victor Grech
Deputy Permanent Representative of Malta
to the Council of Europe
Giovanni Bonello
I. Personal details
Sex: male
Date and place of birth: 11 June 1936, Malta
Nationality: Maltese
II. Education and qualifications
1958: Educated at the Lyceum, Malta, and the University of Malta where he graduated Doctor of Laws
III. Professional activities
1990: Designated Chief Justice and President of the Constitutional Court, but declined the appointment
Advocate in private practice
Has defended over one hundred and fifty (150) human rights lawsuits in the Maltese courts, the European Commission of Human Rights and the European Court of Human Rights
IV. Activities and experience in the field of human rights
Lectured extensively on human rights law
Held courses in human rights law at the Malta Police Academy and at the Academy for the Development of a Democratic Environment
1987: First drafter of the European Convention Act, which made the European Convention on Human Rights part of the domestic law of Malta
Organised, and participated in, an international conference on Human Rights and Governmental Discretionary Powers
University examiner of theses on human rights law
V. Public activities
First Maltese delegate to the European Commission for Democracy through Law (The Venice Commission)
Former President of the Academy for the Development of a Democratic Environment
VI. Other activities
Director of Bank of Valletta Limited
Founder member and Vice-President of the heritage foundation Fondazzjoni Patrimonju Malti
VII. Publications and other works
Over 100 articles on human rights law in the periodical press
Has published two books on antiquarian/artistic topics
In preparation: one volume of research studies about historical event and one volume of research essays on history of art
Editor of Ospedalier, a magazine of the Maltese Association of the Sovereign Military Order of Malta
VIII. Languages
Mother tongue: Maltese (speaks, reads and writes)
Official languages:
English: speaks, reads and writes
French: reads
Other languages:
Italian: speaks, reads and writes
Latin: reads
IX. Other relevant information
Made Cavaliere della Repubblica by the President of the Italian Republic
Knight of Magistral Grace of the Sovereign Military Order of Malta
Lectures on history and history of art topics
Carmel A. Agius
I. Personal details:
Date and place of birth: 18 August 1945, Malta
Nationality: Maltese
Civil Status: Married with two daughters aged 24 and 21 respectively.
II. Education and academic and other qualifications
1969: Doctor of Law (LL.D), University of Malta
1968: Diploma, Notary Public, University of Malta
1964: Bachelor of Arts (B.A.) in English, Italian and Economics, University of Malta
III. Professional activities
a. Details of judicial activities:
Primary activities
1995<: Acting Chief Justice in the absence of the Chief Justice
1994<: Elected Representative of the Bench of Judges, Constitutional Commission for the Administration of Justice
1992<: Member, Rule Making Board of the Courts of Justice, drafting and updating of Rules of Court of the Constitutional Court for the hearing of human rights cases
1983<: Senior Judge of the Constitutional Court of Malta
1983<: Senior Judge of the Court of Appeal of Malta
1983<: Senior Judge of the Court of Criminal Appeals of Malta
1982-84: Presiding Judge of the Criminal Court of Malta
1982: Appointed Judge of the Superior Courts of Malta
1977-82: Presiding Magistrate, Courts of Magistrates, in both criminal and civil cases
1977: Appointed Magistrate of the Courts of Magistrates
Secondary activities
1996: Representative of the Maltese Judiciary, 10th Conference of European Constitutional Courts, Budapest, presenting two National Reports (vide section VII)
1995: Representative of the Chief Justice, Sixth Commonwealth Chief Justices Conference, Ottawa
1995: Representative of the Court of Appeal, Seventh International Appellate Judges Conference, Ottawa
1995: Representative of the Court of Appeal and the Constitutional Court, Fifth Congress of the International Association of Supreme Administrative Jurisdictions, Rome, presented a National Report
1992: Key-Note Speaker, Seminar on Sentencing Policy, Malta
1992: Representative of the Maltese Judiciary, Seminar on Organised Crime and Methods of Control — Judicial Experience, Centro Internazionale Magistrati Luigi Severini, Perugia, Italy
1990-97: Representative of the Maltese Judiciary, Meetings of the European Association of Judges, Milano (1997), Bratislava (1996), Vienna (1994), Sèville (1992), Crans-Montana (1991), Helsinki (1990)
1990<: Founder and Convenor of the Maltese Section of the European Association of Judges
1990<: Member, Board of Examiners of candidates applying for a warrant to practice as Advocate in Malta
1988<: Representative of the Maltese Judiciary, Central Council and First Study Commission of the International Association of Judges, Amsterdam (1996), Tunis (1995), Athens (1994), Seville (1992), Crans-Montana (1991), Helsinki (1990), Berlin (1988) — presented National Reports. At the Berlin meeting, I presented the case of the Maltese judiciary for membership into the International Association of Judges
1988<: Founder and Convenor of the Maltese Section of the International Asssociation of Judges
1980-82: Chairman, Board of Special Commissioners for Death and Donation Duty.
b. Details of non-judicial legal activities
1997: Representative of the European Association of Judges, XXVIIth Council of Europe Colloquy on European Law on Legal Problems Relating to parentage, Malta
1997: Paper Presenter, International Conference for the Establishment of a Permanent International Criminal Court sponsored by No Peace Without Justice International Campaign for the Establishment of an International Criminal Court by the year 1998 and the government of Malta, Malta.
1997: Co-ordinator and Key-Note Speaker, International Conference on Probation, United Nations Inter-regional Crime Research Institute (UNICRI), The Commonwealth Secretariat and the University of Malta, Malta.
1997: Elected Member, Board of Directors of the International Society for the Reform of Criminal Law.
1997: Session Chairman, 10th Anniversary Conference of the International Society for the Reform of Criminal Law, London.
1997: Head of Delegation, 21st Meeting of the Committee of Experts on Legal Data Processing, Council of Europe, Strasbourg.
1996: Representative of the Maltese Judiciary, Commonwealth Law Conference, Vancouver.
1996: Participant, XXVIth Colloquy on European Law, Council of Europe, Stockholm.
1996: Participant, 10th International Conference of the Society for the Reform of Criminal Law, Whistler, British Columbia, Canada.
1996: Participant, Seminar on Child Abuse, International Institute of Higher Studies in Criminal Sciences (ISISC). Noto, Sicily.
1996: Head of Delegation, 20th Meeting of the Committee of Experts on Legal Data Processing, Council of Europe, Strasbourg.
1995: Deputy Head of the Maltese Delegation, Ninth United Nations Congress on Crime Prevention and the Treatment of Offenders, Cairo.
1995: Participant, Seminar on Introduction to the Law of the European Community, European Institute of Public Administration, Luxembourg.
1995: Co-ordinator and Key-Note Speaker, Seminar on Crime and Criminal Justice in the Mediterranean Area: Promotion of Informed Decision-making and International Co-operation, United Nations Inter-regional Crime Research Institute (UNICRI) and the Centre for Criminology of the University of Malta, Malta.
1994: Head of Delegation, Second Meeting of the Mediterranean Group on Crime Prevention, Malta.
1994: Head of Delegation, 19th Meeting of the Committee of Experts on Legal Data Processing, Council of Europe, Strasbourg.
1993: Academic Co-ordinator, Key-Note Speaker and Session Chairman, International Conference on Cross-border Crime — International Co-operation in a Euro-Mediterranean Perspective, United Nations Inter-Regional Crime Research Institute (UNICRI), Malta.
1993: Participant, Seminar on Mass Media, Justice and Criminality, International Institute of Higher Studies in Criminal Sciences (ISISC), Noto, Sicily.
1993: Participant, Fifth International Congress on Legal Data Processing, italian Supreme Court, Rome.
1992-97: Head of maltese Delegation, all six Annual Meetings of the United Nations Commission on Crime Prevention and Criminal Justice, Vienna.
1992: Paper Presenter, Interim Roundtable Meeting of the Research Committee on Comparative Judicial Studies of the International Political Science Association, Forli', Italy.
1992: Chairman, Board of examiners of candidates applying for the warrant of Notary Public.
1991: Head of the Maltese Delegation, First Meeting of the United Nations Inter-Ministerial Working Group on Crime Prevention and Criminal Justice, Vienna.
1991: Session Chairman, Seminar on Metal Disorder and Crime, Institut Philippe Pinel of the University of Montreal, Castelvecchio Pascoli, Italy.
1990: Head of Maltese Delegation, Eighth United Nations Congress on Crime Prevention and the Treatment of Offenders, Havana.
1990: Key-Note Speaker, International Seminar on cross-Examination Techniques, Bar Associations of Bari and Brindisi, Selva di Fasano, Italy.
1988: Participant, Fourth International Congress on Legal Data Processing, Italian Supreme Court, Rome.
1987: Chairman, Committee on Legal Data Processing of the Maltese Law Courts.
1985: Head of Maltese Delegation, Seventh United Nations Congress on Crime Prevention and the Treatment of Offenders, Milano.
1985: Key-Note Speaker, Forum on the Confidentiality of Records, Extended Studies Board, University of Malta.
1984: Key-Note Speaker, Forum on Legal Aspects of Drug Addiction and Control, Extended Studies Board, University of Malta.
1979<: External Examiner in Constitutional Law, Criminal Law, Criminal Procedure and Forensic Medicine, University of Malta.
1970-77: Private practice as Advocate in Malta.
c. Details of all non-legal professional activities
1996<: Pro-Chancellor of the University of Malta and President of the University Council.
1996<: Member of the Board of Directors of the Foundation for International Studies, Malta.
1995: participant, Annual Meeting of the American Society of Criminologists (ASC), Boston.
1992<: Representative of the Minister of Justice, Board of Institute of Forensic Studies, University of Malta.
1992<: Consultant, University of Malta on matters relating to the teaching of Criminology.
1992<: Part-time Lecturer in Criminology, University of Malta.
1991: Key-Note Speaker, Seminar on The Participation of Women in Intellectual Activity, Centro Internazionale Magistrati Luigi Severini, Perugia.
IV. Activities and experience in the field of human rights
Main activity and experience
Since 1983, I have formed part of the Constitutional Court of Malta and as such, participated in 90% (about 250) of the judgments of this Court deciding appeals from judgments of Courts of First Instance on alleged infringements of human Rights. Since 1995, I also preside over the Constitutional Court whenever the Chief Justice is absent or unable to take cognisance of any case. In both capacities, I have prepared and delivered a considerable number of significant judgments based on local jurisprudence as well as that of the European Court of Human Rights.
Secondary activities and experience
1996<: Occasional Lecturer in Human Rights, Faculty of Law, University of Malta.
1996: Part-time lecturer, "Comparative Correctional Law", Diploma in Correctional Studies, Centre for Criminology, University of Malta.
1994: Guest lecturer, "The humanisation of Public International Law", Academy of Diplomatic Studies, University of Malta Paper Presenter, "Some Comments on the International Law Commission's 1991 Draft Code of Crimes Against the Peace and Security of Mankind", International Conference on Cross-Border Crime — International Co-operation, UNICRI, Malta in a Euro-Mediterranean Perspective
1992-93: Guest Lecturer, "The Status of the Individual under Public International Law, Academy of Diplomatic Studies, University of Malta.
1991: Lecturer, Training Course on Human Rights and Crime Predentin for Police and Army Officers, U.N. Centre for Human Rights, U.N. Crime Prevention and Criminal Justice Branch, U.N. Inter-Regional Crime Research Institute (UNICRI) and the Foundation for International Studies of the University of Malta.
1989: Participant, Meeting with the Plenum of the European Court of Human Rights as Member of the Constitutional Court of Malta.
V. Public activities
1977<: Chairman of several Public Boards of Inquiry set up by the various succeeding Governments under the Inquiries Act, 1977 to investigate alleged irregularities in the Public Service. At present, one major inquiry, involving alleged corruption in the issuing of a building permit of a luxury compound, is in hand.
1977-80: Chairman of the Public Transport Labour Board.
VI. Other activities
1968-69: President, Students Representative Council, University of Malta.
1964-68: Secretary General, Students Representative Council, University of Malta.
VII. Publications and other works
Published articles
1997: "Report of the Maltese Constitutional Court on Freedom of Expression with Special Regard to Mass Media Regulations in the Jurisprudence of the Constitutional Court", prepared for the 10th Conference of European Constitutional Courts, Budapest (1996). Printed in Freedom of Expression in the Jurisprudence of Constitutional Courts — National Reports. Volume II. Ed. Peter Paczolay and Botond Bitskey, Hungarian Constitutional Court, Budapest ISBN 963 04 7288 2 (Collection), ISBN 963 04 7290 2 (Second Volume)
1997: "Report of the Maltese Constitutional Court on the notion of Separation of Powers Regarding the Constitutional Court's Jurisdiction in Malta", prepared for the 10th Conference of European Constitutional Courts, Budapest (1996). Printed in Separation of Powers in the Jurisprudence of Constitutional Court — National Reports. Volume III. Ed. Peter Paczolay and Botond Bitskey, Hungarian Constitutional Court, Budapest — ISBN 963 04 7288 2 (Collection), ISBN 963 04 7291 0 (Third Volume)
1995: "The Judiciary and Politics in Malta" — with Professor Nancy Grosselfinger, presented at the Interim Roundtable Meeting of the Research Committee on Comparative Judicial Studies, International Political Science Association, Forli', Italy (1992), Printed in The Global Expansion of Judicial Power. Ed. C. Neal Tate and Torbjörn Vallinder, New York University Press — ISBN 0-9148-8209-4.
1995: Criminal Justice Policies in Malta — Malta's National Report for the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offender, Cairo (1995), Government Printing Press, Malta.
1993: "Significant Landmarks in the History of the Development of Human Rights and Fundamental Freedoms in Malta" — Printed in Human Rights and Crime Prevention. UNICRI, Rome — ISBN 99909-952-2-2.
1992: "The Protection of Judges from External Political, Economical and Social Influences and from Violence — The Malta Experience" — Meeting of the First Study Commission of t he International Association of Judges, Helsinki, (1990). Printed in The 33rd Meeting of the International Association of Judges — National Reports. Ed. Hannu Kiuru, Finnish Association of Judges, Helsinki.
1990: Criminal Justice in Malta — Malta's National Report from the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offender, Havana (1990) — Government Printing Press, Malta.
In press
1997: "Legal Problems Relating to the Creation of an International Criminal Court", with Professor David Attard, Pulitzer Prize Winner, International Conference for the Establishment of a Permanent International Criminal Court, Malta (June, 1997) as part of the No Peace Without Justice International Campaign for the Establishment of an International Criminal Court by the year 1998, Malta.
1995: "Limitations in the Protection of Human Rights in Malta", with Professor Nancy Grosselfinger, Interim Roundtable Meeting of the Research Committee on Comparative Judicial Studies of the International Political Science Association, Sherbrooke, Canada.
Other works
1994: "The Administration of the Judiciary in Malta", Meeting of the First Study Commission of the International Association of Judges, Athens.
1994: "The Judiciary and Political Corruption in Malta" — with Professor nancy Grosselfinger, Interim Roundtable Meeting of the Research Committee on Comparative Judicial Studies of the International Association of Judges, Crans-Montana.
VIII. Languages
Mother tongue: Maltese — Fluent in reading, writing and speaking;
Official languages:
English: fluent in reading, writing and speaking
French: Working knowledge in reading, beginner in speaking and writing but can generally follow a conversation.
Other languages:
Italian: Fluent in reading, writing and speaking;
Spanish: Working knowledge in reading and speaking, beginner in writing
IX. Other relevant information
Scholarships, honours and grants
1993: Invitee, Professor M. Cherif Bassiouni, De Paul University, Human Rights Law Institute, Chicago, to deliver a set of two lectures being a comparative review of the jurisprudence of the European Court of Human Rights with that of Constitutional Court of Malta and the Supreme Court of the United States on Freedom of Expression.
1992: Invitee, Professor Walter M. Murphy, McCormick professor of jurisprudence, Department of Politics, Princeton University, New Jersey, to give a talk on Judicial Review in Malta to the Colloquium on Constitutionalism.
1988: US Information Agency, Visitors' Program, to study the legal data processing system operative in several US courts and law offices and meet with members of the judiciary.
1988: Private meeting with Chief Justice Emeritus Warren Burger of the US Supreme Court.
1988: Grantee, British Government, Visitors' Programme, to study the legal data processing systems operative in courts in the London district.
1980: Scholarship, US Infirmation Agency, Salzburg Seminar, American Legal Studies — Constitutional Law — Salzburg
1969: Grantee, British Council, to carry out post-graduate research work on Constitutional and Administrative Law at the university of London.
1964: Bursary, Italian Government, to enhance knowledge of Italian at the Universita' del Sacro Cuore in Rome, Italy.
Joseph Alfred Filletti
I. Personal details
Sex: male
Place and date of birth: Malta, 6 March 1946
Nationality: Maltese
Marital status: Married, two children
II. Education
Tertiary education at the Royal University of Malta (1964-1971):
Bachelor-of-Arts Degree (B.A. Gen.) in English, Italian and Philosophy (1967)
Diploma of Notary Public (1970)
Doctor of Laws (LL.D) (1971)
III. Professional activities
a. Details of judicial activities
1979-84: Magistrate, Courts of Magistrates of Judicial Police, Malta
1984-: Judge, Court of Appeal and Superior courts, Malta.
b. Details of non-judicial activities
European Committee on Crime problems (CDPC), Strasbourg
1988-: Head of delegation, Malta
1993-97: Member of CDPC Bureau
1997-: National Director, Organisation for the Prohibition of Chemical Weapons (OPCW) The Hague
1987-: Director, Law Courts Library, Superior Courts, Malta
1996-: Vice-President, International Law Association (Malta Branch)
1996-: Council member, Executive Committee on Arms Control and Disarmament Law (ILA)
c. Details of other non-legal professional activities
Guest Lecturer and External Examiner, University of Malta:
Faculty of Laws, Department of International Law
Faculty of Arts, Department of International Relations.
International Maritime Law Institute (IMO); lecturer on International Organisations/Peaceful Settlement of Disputes (1980-).
IV. Activities and experience in the field of human rights
1990: Delegate, 7th International Colloquy on the European Convention on Human Rights on Equality and non-discrimination, Copenhagen, Oslo, Lund;
1995: Rapporteur, Council of Europe, Themis Plan, Multilateral Meeting n Judicial Systems in a period of transition, Budapest
1997: Article reviewer, Mediterranean Journal of human Rights, CDEAM, Malta
18 September-17 October 1983: Participant, Multi-Regional Project on The United States: A Pluralistic Society, US Visitors' Programme USA
V. Public activities
1983: Fellow of the Salzburg Seminar on American Law and Legal institutions
1989: Associate of the Royal Historical Society, University College London
1987-: Vie-President, Alliance Française de Malte
1986-: Elected member, Akkademja tal-Malti
1991-: Committee member, Friends of the Cathedral Museum
VI. Other activities
Participation in other activities the Council of Europe:
Delegate:
19th Conference of European Ministers of Justice, Valletta (1994) on Administrative, Civil and Penal Aspects, including the role of the Judiciary in the fight against Corruption;
20th Conference, Budapest (1996) on Efficiency and Fairness of Civil, Criminal and Administrative Justice;
Delegate:
11th Criminological Colloquium on Crime and Economy (1994);
Fifth Conference on Crime Policy, Strasbourg (1995);
19th Criminological Research Conference (1990) on New Social Strategies and the Criminal Justice System;
20th Criminological Research Conference (1993) on Psychosocial interventions in the criminal justice system;
21st Criminological Research Conference (1996) on Countries in transition: effects of political, social and economical change on crime and criminal justice;
Legal Expert, Committee of Experts on the Role of the Public Prosecutor, Council of Europe (1997).
CDPC Representative (designate) on the Multisectoral Group on Actin Against Trafficking in Human Beings for the purpose of Sexual Exploitation (EG-S-TS).
VII. Publications and other works
Publications in conjunction with Council of Europe:
"The Constitutional, Statutory and Institutional Safeguards of the Impartiality of Judges and of Judicial Independence" — Judicial Systems in a period of Transition, Themis No. 3, Council of Europe Publishing, 1997, pp. 79-91.
Other legal publications:
Gabra ta' Appelli Kriminali (Criminal Appeals Annotated), Malta, 1987
Other articles, contributions etc. in local journals:
Causes of Death Unknown, il-Pulizja, Malta, 1984, v. 5, no. 2;
The Plea of Fair Comment in Libel Proceedings, ibid. v.6, no. 10;
A Glance at the Law of the Sea, Weekend Chronicle, 10.3.87
The International Maritime Organisation and Collision Regulations; ibid. 2.5.87;
Noti fug il-Marixxalli, Purtiera u Ufficjali Ezekuturi ohra tal-Qorti, 1-Pulizija, v.7, no. 3, 1988;
La polemica nella stampa maltese per la visita di Giuseppe Garibaldi a Malta nel 1864, Papers in Mediterranean Social Studies, Malta, 1988;
The St. Francis Church Case (1923), The Protection of the National Heritage (in print)
Literary works:
Three Collections of Short Stories in Maltese:
Imhabba Qarrieqa (1982)
Roulette (1984)
Id-Dar tat-Torri (1986)
VIII. Languages
Fluent (speaking, reading, writing) in Maltese, English and Italian.
Fluent (speaking, reading) in French.
IX. Other relevant information
Previous appointments/posts held:
Cuator "ex officio" for Legal Aid (1972-79);
Member, Board of Directors, Central Bank of Malta, (1977-79)
Member, Bureau and National Executive, Malta Labour party (1976-78)
Chairman, Copyrights Board;
Chairman, Cargo Clearance and Forwarding Agents Wages Council;
Chairman, Succession Duty Appeals Board (1980-84)
Member: Public Libraries Advisory Board;
Member: Printed Matter Appeals Board (1975-79)
Parliamentary Correspondent, Radio Malta (1971);
Private Legal Practice, law Firm Brincat and Filletti, (1972-79).
Honorary titles/Decorations:
Chevalier de l'Ordre National du Merite (Republique Française) (1990).MOLDOVA
Ministry of Foreign Affairs
of the Republic of Moldova
Chişinău, 17 October 1997
Mr Secretary General,
With reference to your letter of 6 October 1997 concerning the elections of the judges for the new European Court of Human Rights, in which you are inviting the Government of the Republic of Moldova to submit the list of candidates with a detailed biographical note for each of them, I have the honour to inform you of the following.
The Government of the Republic of Moldova has decided to transmit the list of three candidates, by order of preference:
1. Tudor Panţiru
2. Ion Păduraru
3. Eugen Carpov.
The curriculum vitae of the candidates are appended to the present letter.
Yours sincerely,
Nicolae Tăbăcaru
Minister
Mr Daniel Tarschys
Secretary General of
the Council of Europe
Permanent Representation
of the Republic of Moldova
to the Council of Europe
No. 144/97
Strasbourg, 17 October 1997
Dear Sir,
I have the honour to send you herewith the letter of the Foreign Minister, Mr Nicolae Tabacaru, including the list of candidates for the new Court of Human Rights, as well as their curricula vitae.
Yours faithfully,
Alexandru Codreanu
Deputy Permanent Representative
Enc.
Mr Daniel Tarschys
Secretary General
of the Council of Europe
Strasbourg
Tudor Pantiru
I. Personal details:
Sex: male
Date and place of birth: 26 October 1951, Baraboi (Donduseni District) Republic of Moldova
Nationality: Republic of Moldova
Civil status: married with one son
II. Education and academic and other qualifications:
1977: Mater of Arts in Law, Faculty of Law, State University of Moldova, Chisinau, Republic of Moldova.
III. Professional activities:
a. Details of judicial activities:
1996-present: Judge at the European Court of Human Rights (Strasbourg, France);
1990-92: President of the Legal Committee of the Parliament of the Republic of Moldova;
1990-94: Member of the Parliament of the Republic of Moldova;
1988-90: President of the Commission for the Evaluation, Admission and Promotion of Judges of the Republic of Moldova;
The commission evaluated the professional qualifications and integrity of the applicants for positions with the Court and adopted decisions pertaining to the career promotion of the judges;
1987-90: President of the Frunze district court in Chisinau; organisation of the activities of the court.
1980-87: Judge at the Frunze district court in Chisinau (with the qualification: first class judge); examination of the civil, criminal and administrative cases;
1977-80: Attorney — member of the Bar Association of the Republic of Moldova
b. Details of non-judicial legal activities:
1996-present: Legal Adviser UNDP Moldova — Governance and Democracy Programme "Strengthening the Legislative and Judicial Systems in Moldova"
c. Details of all non-legal professional activities:
1997-present: Overall co-ordinator UNDP Moldova — Governance and Democracy Programme
"Strengthening the Local Governance in the Republic of Moldova";
"Strengthening the Legislative and Judicial Systems in Moldova";
"The Swedish Contribution";
1992-96: Ambassador — Permanent Representative of the Republic of Moldova to the United Nations (participated in the activities of the third and sixth committee of the General Assembly of the United Nations dealing respectively with Human Rights and Legal issues)
IV. Activities and experience in the field of human rights
1996-present: Judge at the European Court of Human Rights (Strasbourg, France);
1996-present: Expert in Courses for Judges Training (attended by judges, prosecutors, lawyers and lecturers of Law Faculties) on the European Convention on Human Rights organised within the UNDP project Strengthening the Legislative and Judicial Systems in Moldova. The courses focus on the implications of the European Convention on Human Rights for the Republic of Moldova and the studying of the case law of the European Court of Human Rights.
V. Public activities
1997-present: Deputy President of the Moldovan Association of Judges, responsible for international relations of the Association;
1997-present: Member of the editorial staff of the new legal magazine "Almanah Juridic" (Legal Almanac), responsible for the Human Rights items;
1996-present: Member of the Board of the Soros Foundation in Moldova, responsible for the strategy on strengthening the independence of the judiciary in the Republic of Moldova
VI. Publications and other works
"Reform of the Judicial System in the Republic of Moldova" — Legea si Viata (Law and Life) magazine, Chisinau 1992
VII. Languages
Mother tongue: Romanian
Official languages:
English: fluency in speaking, reading, writing
French: presently studying
Other languages:
Russian: fluency in speaking, reading writing
VIII. Other relevant information
Spouse: Eufrosinia Pantiru
Profession: Lawyer
Son: Radu Pantiru
Present education: LL.M. course at the George Washington University (Washington DC, USA)
Ion Paduraru
1. Personal details
Sex: male
Date and place of birth: 18.01.1961 in Tiplitesti, Singerei, Moldova
Nationality: Republic of Moldova
Civil status: married, 2 children
2. Qualifications
1980-85: Faculty of Law, State University of Chisinau, Moldova
3. Professional activities
Judicial activities:
11.1988-05.1990 Judge, FRUNZE sector, Chisinau
Non-judicial legal activities:
08.1985-11.1988: Prosecutor at the State Prosecutor's Office, CENTRE sector, Chisinau
05.1990-03.1991: Adviser to the First Deputy Prime Minister of the Parliament of the Republic of Moldova
03.1991-09.1991: Director of the Legal Department, State Chancellery of the Government of the Republic of Moldova
09.1991-08.1992: Deputy Minister of Justice of the Republic of Moldova
06.1996-present: Lawyer, Member of the Bar of Lawyers of the Republic of Moldova
Non-legal professional activities:
09.1992-05.1996: Manager of S.C. "BODRON", Lawyer
4. Activities and experience in the field of human rights
1991-92: President of the Governmental Commission for framing the draft constitution of the Republic of Moldova in collaboration with the Human Rights Institute, Paris
05.1992: Member of the governmental delegation to the Council of Europe on human rights issues
5. Public activities
1980-85: Vice-President of the Council of Trade Unions of Chisinau State University
6. Other activities
1995-97: Vice-President of the Classical Music Amateurs Club
7. Works and publications
...
8. Languages
Mother tongue: Romanian
Official languages:
French (spoken, read, written)
Russian (fluent)
Other languages:
Russian (spoken, read, written)
Italian (spoken, read)
9. Other relevant information
Classical music, literature, history, sports
Eugen Carpov
I. Personal details
Sex: male
Date of birth: 22 April 1966
Place of birth: Ungheni, Republic of Moldova
Nationality: Republic of Moldova
II. Education, academic qualifications, etc.
1973-83: Secondary school, Kichinev
1983-90: Faculty of Law, State University of the Republic of Moldova
1984-86: Military service
1990-92: Postgraduate studies at the National School of Higher Political and Administrative Studies, Bucharest, Romania
1993: Traineeship at the Academy of European Law, International Institute of Law, Florence, Italy
1994: Traineeship at the UN International Law Commission, Geneva, Switzerland
1994: Traineeship at the Council of Europe, Strasbourg, France
III. Professional activities
1990: Lawyer at the Bar of Lawyers, Kichinev
August 1992-January 1995: Secretary I, Section Head and Deputy Head of the General Directorate of International Law and Treaties, Ministry of Foreign Affairs, Republic of Moldova
Member of the Republic of Moldova's group of experts for the drafting of the special legal status of Transdniestra
Participant in the Republic of Moldova's process of accession to various international organisations, ratification of the main instruments on the protection of human rights
January 1995-March 1997: Adviser, Head of the Consular Section of the Embassy of the Republic of Moldova in Romania
March 1997-present: Head of the General Directorate of International Law and Treaties, Ministry of Foreign Affairs, Republic of Moldova
Responsible for drafting and strengthening the bilateral and multilateral legal framework of the Republic of Moldova's legal relations with other states and international organisations
IV. Languages
Mother tongue: Romanian
Official languages:
French: spoken, written, read
English: spoken, read
Other languages:
Russian: spoken, written, read
NETHERLANDS
Permanent Mission of the
Kingdom of the Netherlands
to the Council of Europe
6, rue Erckmann Chatrian
67000 Strasbourg
15 December 1997
Ambassador
Election of Judges for the new European Court of Human Rights
Dear Sir,
With reference to the Secretary General's letters of 23 September 1997 and 6 October 1997, I would like to inform you that the Government of the Kingdom of The Netherlands proposes the following candidates for the election of judges to the new European Court of Human Rights:
1. Mrs Wilhelmin Thomassen
Justice in the Court of Appeal of the Hague
2. Mr Evert Alkema
Member of the European Commission of Human Rights and Professor of constitutional and administrative law
3. Mr Cornelis Flinterman
Professor of constitutional and international law and co-director of the University of Limburg Research Centre for Human Rights
Standardised curricula vitae are attached to this letter.
Please accept, sir, the assurance of my highest consideration.
(signed) Johan S.L. Gualthérie van Weezel
Encls:
Mr Leonard G. Davies
Secretary to the Committee of Ministers
Council of Europe
Wilhelmina Maria Elisabeth Thomassen
I. Personal details
Sex: Female
Born: 8 September 1949, Rotterdam
Nationality: Dutch
II. Education and academic qualifications
1967: Gymnasium a, Rijswijk
1974: Graduated in Dutch Law, Rijksuniversiteit Leiden
III. Professional activities
a. Details of judicial activities
1985-92: Judge in the District Court of The Hague: criminal law, civil law (commercial law, family and juvenile law, law regarding the position of psychiatric patients), juvenile judge
1992-September 1997: Vice-President of the District Court of The Hague
1994-September 1997: Senior investigation judge in criminal cases, special responsibility: organised crime
1995-September 1997: Chair of the national assembly of investigation judges
1997: Chair of the advisory committee of the Nederlandse Vereniging voor Rechtspraak (NVVR) (Association for the Judiciary in the Netherlands) advising on the draft bill on special police methods in investigations on organised crime, (drafted after the parliamentary investigation of the Committee Van Traa)
September 1997: Justice in the Court of Appeal of The Hague
b. Details of non-judicial legal activities
1975-85: Lawyer
1991-94: Full-time in detachment to the Ministry of Justice as a Counsellor of Legislation, preparing legislation on privacy law and family and juvenile law
IV. Activities and experiences in the field of human rights
Applying the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in domestic judicial practice and in adapting legislation to the ECHR (see above III)
1989-90: Member of the Advisory Committee of the Nederlandse Vereniging voor Rechtspraak (NVVR) (Association for the Judiciary in the Netherlands), advising on the draft bill adapting the Dutch legislation on detention on suspicion, to the decision of the European Court of Human Rights in Brogan v. the United Kingdom, 29 November 1988, Series A vol. 145 B
1996: Member of the Steering Committee Moldova (United Nations Development Programme (UNDP), Strengthening Judicial and Legislative Systems)
1997: President of the working group "Bulgaria", founded to meet practical needs of the judiciary in Bulgaria
Courses, workshops and lectures on human rights given to judges, lawyers and prosecutors
1994: Trencianske Teplice, Slovak Republic, Seminar for Slovak Jurists. Organisation: Law Institute of the Ministry of Justice of the Slovak Republic, Netherlands. Helsinki Committee, Association for the Judiciary in the Netherlands, Association of Slovak Judges and the Slovak National Centre for Human Rights
Lecture and workshops: "The implementation of Article 8 of the European Convention on Human Rights in Domestic Legal Systems"
Language: English
1994: The Hague, The Netherlands
Lecture for the Dutch Association of International Law:
"Developments concerning adoption in legislation and jurisprudence in the Netherlands in the light of Article 8 of the European Convention of Human Rights, the United Nations Convention on the Rights of the Child and the Convention on Protection of Children and Co-operation in respect of inter-country adoption
Language: Dutch
1994: Amersfoort, the Netherlands. Seminar for Albanese Jurists. Organisation: Netherlands Helsinki Committee
Lecture: "International Human Rights Protection and Private and Family Life in Domestic Legal Systems" (point for attention: close relationships other than by marriage)
Language: English
1994: The Hague, the Netherlands. Seminar for Romanian Jurists. Organisation: Netherlands Helsinki Committee
Lecture: "International Human Rights Protection and Private Life (point for attention: homosexual relations)
Language: English
1995: The Hague, the Netherlands. Seminar for Slovakian jurists. Organisation: Netherlands Helsinki Committee
Workshop: "The Convention on Protection of Children and Co-operation in respect of intercountry adoption"
Language: English
1995: Prague, Czech Republic. Seminar for Czech Jurists. Organisation: The Institute for further training of Czech judges, Czech Helsinki Committee, Netherlands Helsinki Committee, Association for the Judiciary in the Netherlands and the Association of Czech Judges
Lecture: "Freedom of expression and Article 10 of the European Convention of Human Rights
Language: English
1996: Soesterberg, the Netherlands. Training-Internship Programme for Jurists of 18 eastern European countries on the Rule of Law, Democracy and Human Rights. Organisation: Netherlands Helsinki Committee, Association of the Judiciary in the Netherlands, Netherlands Bar Association and Netherlands Judicial Training and Study Centre
Lecture and workshops on the implementation of Article 8 of the European Convention in family law and criminal law in the Netherlands
Language: English
1996: Bratislava, Slovak Republic. Seminar for Slovak Jurists "European Convention on Human Rights and Freedoms. Organisation: UNHCR, Association of Slovak Judges, Council of Europe a.o.
Lecture: "Article 10 of the European Convention; Restrictions of Freedom of Expression in Democratic Society"
Language: English
1996: Scheveningen, the Netherlands. Seminar for Bulgarian Jurists: International Human Rights Protection and Domestic Legal Systems. Organisation: Netherlands Helsinki Committee and the Bulgarian Centre for Human Rights
Lecture and workshops on Article 8 of the European Convention in family law and criminal law
Language: English
1997: March and September, Zutphen, the Netherlands. Organisation: Netherlands Judicial Training and Study Centre
Courses for Dutch judges on Article 8 of the European Convention in family and alien law
Language: Dutch and English
1997: Chisinau, Moldova. Seminar on Human Rights: "Strengthening the Judicial and Legislative Systems". Organisation: United Nations Development Programme. Governancy and Democracy Programme and (Netherlands) Centre for International Legal Co-operation
Lectures and workshops on Articles 5, 6 and 8 of the European Convention
Language: English
1997: Tzigov Tchark, Bulgaria. Organisation: Netherlands Helsinki Committee and the Bulgarian Centre for Human Rights
Seminar on Article 10 of the European Convention on Human Rights
Lectures and workshops
Language: English
1997: Zutphen, the Netherlands. Seminar for French and Dutch judges to study the
differences in applying the European Convention on Human Rights in France and in the Netherlands. Organisation: Netherlands Judicial Training and Study Centre and l'Ecole Nationale de la Magistrature de France
Lecture: "L'influence de l'article 8 de la Convention européenne des Droits de l'Homme et des libertés fondamentales sur le droit de la famille néerlandais".
Language: French
1997: Strasbourg, France. Multilateral meeting. Organisation: Council of Europe.
Lecture and workshop: "How to organise training workshops on the European Convention on Human Rights"
Language: English
1997: Varna, Bulgaria. Seminar on Article 5 and Article 6 of the European Convention. Organisation: Netherlands Helsinki Committee and the Bulgarian Centre for Human Rights
Lecture and workshops on Article 5 of the European Convention of Human Rights
V. and VI. Other activities
1984: Member of the foundation-editorial staff of Nemesis, Tijdschrift voor vrouw en reccht, (Periodical for woman and law)
1990-94: Member of the board of the Stichting Social Fonds (Foundation Social Funds) of the Ministry of Justice
1993-94: Chair of a committee in charge of deciding on complaints of employees concerning the reorganisation of the Rutgerstichting
1994-96: Member of the Permanent Committee, advising the government on problems with regard to concerning registration of births, deaths and marriages and on problems with regard to nationality
1992: Deputy Chairman of the Disciplinary Court for Pilots
1994: Member of the editorial staff of the periodical "Tijdschrift voor Familie en Jeugdrecht" (family and juvenile law)
VII. Publications
Since 1993 fifteen publications, among which, in Dutch:
Nederlands Juristen Blad (NJB), 23.9.1993, pp. 1165 e.v.
Overheid en gezinsleven, de grenzen van interventie in familierelaties (on the limits of state intervention in family relations)
Nemesis, mei/juni 1994, nr.3
Een nieuwe definitie van moederschap (ondertitel: de juridische afstammings-relatie tussen moedr en kind), bespreking van de dissertatie van Nora Holtrust over afstammingsrecht Aan moeders knie (on the legal definition of motherhood)
Tijdschrift voor Familie en Jeugdrecht (FJR), 1994, nr.7
Adoptie in het licht van de mensenrechten (adoption and human rights)
Nederlands Juristen Blad (NJB), jaargang 69, 28 oktober 1994, No. 38 EVRM, minderjarigheid en ouderlijk gezag, bespreking van de dissertatie van Mirjam de Bruijn "A whole code of juvenile law"
Tijdschrift voor de rechterlijke macht (Trema), 1995, nr.2
Artikel 8 EVRM: Is de Nederlandse rechter niet flink genoeg? (Is the Dutch judge not courageous enough?)
Tijdschrift voor Familie en Jeugdrecht (FJR), 1996, nr.4, Adoptie en medegezag
Ars Aequi Libri, Recht en Liefde Nijmegen 1996, Liefde in Europeestrechte-lijk perspectief (Love and Human Rights)
In English, Slovakian and Bulgarian language: articles on the European Convention in juridical periodicals in the Slovak Republic and in Bulgaria
VIII. Languages
Mother tongue: Dutch
Speaks, reads and writes English and French fluently
Is experienced in writing, lecturing and discussing in English and French
See the above mentioned publications and courses (last lecture in French: La médiation familiale aux Pays Bas 3 October 1997, Paris. Colloque la justice de proximité en Europe (Union Européene — Programme Grotius)
Prof. Dr. Evert A. Alkema
I. Personal details
Born: 18 January 1939 at Eelde, the Netherlands
Nationality: Dutch
1967 married to Catharina Maria Hilbrands
II. Education — academic and other qualifications
Studies at the Faculties of Law and Economics, University of Groningen; BA (econ.) 1960; Llm 1962
1962-63: School for Advanced International Studies, Johns Hopkins Bologna Center
1963: Free doctorate Faculty of Law (major in economics and fiscal policy)
1978: Phd Faculty of Law Leiden University with honours (cum laude) entitled: Studies over Europese grondrechten (Studies on European fundamental rights). Deventer
III. Professional activities
a. Judicial activities
Since 1980: substitute judge in court of appeal (originally Leeuwarden, now Amsterdam) (temporarily off duty)
b. Non-judicial legal activities
1966-73: Staff member Europa Instituut, Faculty of Law, Leiden University
1973-81: Senior staff member Faculty of Law, Groningen University department of constitutional law
1980-96: Extraordinary Professor in human rights, Faculty of Law University of Amsterdam
1981-85: Full Professor in introduction of law, Faculty of Law, Groningen University
Since 1985: Full Professor of constitutional and administrative law, Faculty of Law Leiden University
1981-97: Co-ordinator and teacher of courses on human rights for the judiciary and bar (Studiecentrum rechtspleging)
1984 and 1994: Visiting professor constitutional law and human rights, University of the Netherlands Antilles
1986-90: Visiting professor for European human rights, College of Europe, Bruges, Belgium
Guest lectures at the Universities of Essex (UK), Helsinki (Finland), Ghent (Belgium), Warsaw and Poznan (Poland), and Columbia (New York, USA)
Since 1989: Chairman of the F.M. van Asbeck Center for Human Rights Studies, Faculty of Law Leiden
Other academic and related activities
Since 1979: member of the advisory board of the Nederlands Juristencomité voor de Mensenrechten and its periodical, NJCM-Bulletin
1982-88: Member of the Board of Studie en Informatiecentrum Mensen-rechten (SIM) Utrecht
1982-90: Member of the Board of Editors Netherlands Yearbook of International Law
1984-93: Chairman of the research project Grondrechten-evaluatieonderzoek, an evaluation of the materialisation of fundamental constitutional rights (introduced in the Constitution in 1983), commissioned by the Ministry of the Interior
1987-96: Member of the Dutch Helsinki Committee
1987-96: Member (later Chairman) of the Kirchheiner foundation for the promotion of the law of ombudsman and human rights
Since 1995: Correspondent for human rights of Nederlands Juristenblad
General rapporteur at the International Conference on "The Rule of Law" 23-24 June 1997 Noordwijk, the Netherlands (convened by the Netherlands Ministry of Justice, the European Union and the Council of Europe)
Member of the International Law Association; of the Fédération Internationale de Droit Européen and of the Netherlands Comparative Law Association (branch of the International Academy of Comparative Law)
IV. Activities and experience in the field of human rights
1979: Dutch delegate to the UN seminar on recourse procedures for victims of racial discrimination (Geneva)
1981-83: Netherlands expert in the Sub-Committee of the Council of Europe for the promotion of education and information in the field of human rights
Lecture in Moscow, Russia, on legal consequences of the ratification by the Russian Federation of the ECHR (including the 11th protocol) at the International Conference on "Application of International Law in the territory of the Russian Federation (22-24 November 1994)
Lecture in Sofia, Bulgaria on new religious movements and the ECHR at the seminar on "Freedom of religion, democracy and state policy in the light of the Council of europe's standards" (11 December 1995)
Lecture in Montreal (Quebec), Canada, on privacy under the ECHR, at the International Congress on Privacy: the New Frontier, 23-26 September 1997
Counsel in a dozen proceedings of individual applicants before the European Commission and European Court of Human Rights
Since 1996: Netherlands member of the European Commission of Human Rights (Strasbourg)
V. Public activities
1983-85: Member of the Commissie vereevoudigde afdoening lichte overtredingen van verkeersvoorschriften (advisory group for the Bill on the administrative enforcement of sanctions of small offences)
1993-96: Member of the Adviescommissie grondrechten en functieuitoefening ambtenaren (advisory board on fundamental rights and functioning of (national) civil servants)
VI. Other activities
1970-73: Member of the board of directors of Co-op Nederland and Co-op U.A. (two principal Netherlands consumer co-operatives)
VII. Publications
Published extensively on human rights, especially the European Convention on Human Rights, and the case-law of the European Court of Human Rights and related constitutional problems
Books
Studies over Europese grondrechten, Deventer 1978
Aanzetten voor een nieuwe Nederlandse constitutie na "Maastricht", Antwerpen 1996
(Five) Preliminary reports on human rights, particularly, the European Convention on Human Rights for: Netherlands International Law Association (1976); Netherlands Bar Association (1981); Vereniging voor de vergelijkende studie van het recht van Belgie en Nederland (1985); Staatsrechtconferentie (Leiden 1990); Nederlandse Juristenvereniging (1995)
(Approx. 200) Annotations on international and national (court) decisions on human rights, especially in Nederlandse Jurisprudentie since 1975 and in Common Market Law Review, Europäische Grundrechte Zeitschrift. Ars Aequi, Sociaal Maandblad Arbeid, Administratiefrechtelijke Beslissingen, Tijdschrift voor Arbitrage
Columns on the European Convention on Human Rights in Bestuurswetenschappen 1972-95
(Approx. 70) articles in legal periodicals; contributions to Festschrifte and book reviews
Co-editor of 2nd (1972), 3rd (1983) and 4th 1992 editions of Europees Verdrag voor de rechten van de mens en de fundamentele vrijheden etc (the European Convention on Human Rights and other international treaties on human rights (with excerpts from national and international case-law)
Some publications in English
The Application of Internationally Guaranteed Human Rights in the Municipal Order, in: Essays on the Development of the International Legal Order in memory of H.F van Panuys, Alphen a.d. Rijn 1980
Fundamental Human Rights in the Netherlands Legal Order in: HF Panhuys e.a. International Law in the Netherlands Vol. III Alphen a.d. Rijn 1980 pp. 109-146
Conscientious objections in the Netherlands, in: Netherlands Reports to the 11th International Congress of Comparative Law, Deventer 1982
Foreign Relations in the Netherlands Constitution, NILR 1984 pp. 307-331
Transnational protection of human rights in: Netherlands reports to the 12th Congress of the International Academy of Comparative Law, The Hague 1987
The third-party applicability or Drittwirkung of the European Convention on Human Rights, in: Protecting Human Rights: The European Dimension, Studies in honour of G. J. Wiarda, Köln 1988
The Protection of the Freedom of Expression in the Constitution and in Civil Law, in: Netherlands Reports to the 13th International Congress of Comparative Law, The Hague 1990
General Report, in E.A. Alkema e.a. eds., The Domestic Implementation of the European Convention on Human Rights in Eastern and Western Europe, Proceedings of the Seminar held in Leiden 24-26 October 1991, All-European Human Rights Yearbook, Vol. 2 (1992) Kehl 1992
Constitutional Law in: J.M.J. Chorus e.a., Introduction to Dutch Law for Foreign Lawyers, 2nd ed. Deventer 1993
Freedom of Association and civil society in: Council of Europe, Freedom of Association (Reykjavik 26-28 August 1993), Dordrecht, the Netherlands 1994
The Effects of the European Convention on Human Rights and other international human rights instruments on the Netherlands legal order, in: R. Lawson and M. de Blois eds., The Dynamics of the Protection of Human Rights in Europe (Essays in honour of H.G. Schermers), Dordrecht 1994
The Enigmatic No Pretext Clause: Article 60 ECHR, contribution to Festschrift E.W. Vierdag (forthcoming)
VIII. Languages
Mother tongue: Dutch
Official languages:
English: fluent (speaking, reading and writing)
French: speaking (working knowledge), reading and writing (adequate)
Other languages:
German: fluent (speaking, reading and writing)
Italian: limited knowledge (speaking and reading only)
Cornelis Flinterman
Born: 3 November 1994
Married, two children
I. Education
1969: LlM Degree, University of Leyden, the Netherlands
1971: LlM Degree, University of Virginia, USA
1973: Visiting Scholar, Yale Law School, USA
1981: Ph.D Degree, University of Leyden, The Netherlands (1981)
2. Professional activities
1969-70, 1971-74, 1976-78: (Senior) lecturer in law (comparative and constitutional law), Leyden University
1974-76: Visiting lecturer in law (comparative and constitutional law), University of Ghana
1974-76: Research associate of the Ghana Law Reform Commission
1979-81: Ministry for Foreign Affairs, Legal and Social Affairs Division, The Hague
1982-present: Professor of Law (constitutional and international law), University of Limburg, the Netherlands
1984-86: Dean of the Faculty of Law
1986-91, 1994-present: Chairman of the International Law Department
1991-93: Chairman of the Board of Directors, Research Institute, Faculty of Law
1992-present: Co-director of the University of Limburg Research Centre for Human Rights
III. Memberships
Present:
Chairman of the Advisory Committee on Human Rights and Foreign Affairs of the Netherlands, Ministry of Foreign Affairs
Member of the Advisory Council of the African Center for Democracy and Human Rights Studies, Banjul, The Gambia
Member of the Social Sciences Committee of the National Unesco Commission for the Netherlands
Member of the Editorial Board of the Netherlands International Law Review
Member of the Advisory Board of the Netherlands' Foundation for Health and Human Rights
Member of the Board of the Foundation Netherlands Institute for Human Rights (SIM, Utrecht)
Member of the Board of the Foundation Netherlands Helsinki Committee
Member of the Editorial Committee of the Nederlands Tijdschrift voor Gezondheidsrecht (Netherlands Review of Health Law)
Member of the Advisory Committee on Questions of Public International Law of the Ministry of Foreign Affairs
Chairman of the Board of the Netherlands Research School on Human Rights
Past (among others)
Alternate member of the UN Sub-Commission for the Prevention of Discrimination and the Protection of Minorities (1986-91)
Member of the Editorial Board of the Nederlands Tijdschrift voor de Rechten van de Mens (Netherlands Review of Human Rights (1982-90))
Vice-Chairman of the 49th session of the United Nations Commission on Human Rights (1993)
Head of the delegation of the Kingdom of the Netherlands to the 49th and 50th session of the United Nations Commission on Human Rights (1993 and 1994) and the World Conference on Human Rights (1993)
IV. Other past and present professional activities
Past (among others)
Guest-lectures at the Universities of Poznan (Poland), Warsaw (Poland), Den Pasar (Indonesia), Colombo (Sri Lanka), Accra (Ghana), Lancaster (United Kingdom), Willemstad (Netherlands Antilles), Oranjestad (Aruba), Cincinnati (United States of America) and at the René Cassin Institute (Strasbourg, France) and Asser College Europe (The Hague)
External examiner: University of Lancaster (United Kingdom) (1987-90), University of Ghana (Accra, Ghana) (1986-89)
Present (among others)
Member of the African Society of International and Comparative Law
Member of the American Society of International Law
Member of the International Law Association
Member of the Netherlands Association of International Law
Member of the Netherlands Lawyers Committee for Human Rights
Member of the Netherlands Lawyers Association
Member of the German Association for African Law
Member of the Association of Alumni of The Hague Academy of International Law
Substitute-judge at the District Court of Maastricht
V. Publications
Books/reports
De Act of State Doctrine (doctoral dissertation, 1981) Antwerpen, 1981
Human Rights in Ghana, Utrecht, 1985
China's Tibet, The World's Largest Remaining Colony, Den Haag, 1997
Co-editor of the following books
De Rechten van de Mens (Human Rights), Amsterdam 1983 (with M.B.W. Biesheuvel)
Transboundary Air Pollution, Dordrecht, 1986 (with B Kwiatkowska and J.G. Lammers)
The International Law of Human Rights in Africa, Dordrecht, 1988 (with E.V.O. Dankwa and M. Hamalengwa)
International Law and Human Rights (Compilation of documents), Lelystad, 1987, 2nd ed. 1993
Human Rights in a Pluralist World, Westport/London, 1990 (with J. Berting et al)
Free November of Persons in Europe, Dordrecht, 1993 (with H.G. Schermers et al)
Interactions between International and Municipal Law, The Hague, 1993 (with M. Fitzmaurice)
The Right to Restitution, Compensation and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms, Utrecht, 1993 (with The.C van Boven et al)
Sinakho "We can do it". The role of non-governmental organisations in the building of a just and democratic South Africa (with The. van Banning and J. van Soest), Den Haag, 1993
The Evolving Role of Parliaments, Antwerpen, 1993 (with A.W. Heringa and R.E. Bakker)
Universaliteit van Mensenrechten, Fundamenteel en Controversieel, Leiden, 1992 (met The.C van Boven)
The Legitimacy of the United Nations: Towards an Enhanced Legal Status of Non-State Actors, Utrecht, 1997 (with The.C van Boven et al)
In(ter)dependent, ICCO and its Counterparts in the Occupied Territories, Den Haag, 1996 (with Maha Shamas et al)
Articles
Articles, reports, etc. on issues of (comparative) constitutional law, international law, law of international organisations and international human rights law in various Dutch and non-Dutch journals and books
NORWAY
Norwegian Mission to the
Council of Europe
14 November 1997
Candidates to the single European Court of Human Rights
Dear Mr Secretary General,
I refer to your letters dated 23 September and 6 October and enclose a list of the Norwegian Government's candidates to the post of a judge at the single European Court of Human Rights, and their respective curriculum vitae.
The candidates, who are nominated in an alphabetical order, are:
— Mr Trond Dolva
— Ms Hanne Sophie Greve
— Mr Erik Møse.
Yours sincerely,
Sten Lundbo
Ambassador
Permanent Representative of Norway
Trond Dolva
I. Personal details
Sex: male
Date and place of birth: 13 July 1934, Kongsberg, Norway
Nationality: Norwegian
Family: Married. Three grown up children, 1 son, 2 daughters.
II. Education and academic and other qualifications
1950-53: French Baccalaureat, Rouen, France
1960: Law Degree, University of Oslo
III. Professional activities
a. Details of judicial activities:
1984: Justice, Supreme Court of Norway
The supreme Court is the last instance in civil, administrative and penal matters, including constitutional questions. It has developed an extensive jurisprudence regarding ECHR especially since 1980.
1980-84: Judge, The High Court (Eidsivating lagmannsrett)
1961-62: Deputy judge
b. Details of non-judicial legal activities:
1962-80: Ministry of Justice Law Department
1976-80: Deputy Director General
1970-76: Head of Division
The Law Department examines all Bills put forward by the Government as regards legal technique, constitutionality and compatibility with international standards such as ECHR.
During my time in the Ministry of Justice I participated in Norwegian ad hoc law commissions (procedural, social and religious law) and in Nordic legal co-operation
1971-77: Member of the Committee on Legal Co-operation (now CDCJ), Council of Europe, and in some of its expert committees.
Various ad hoc functions at the Faculty of Law, University of Oslo, as assistant lecturer, member of evaluation commissions for professors, and since 1990 examiner in International Human Rights.
IV. Activities and experience in the field of human rights
In the Ministry of Justice, Law Department I was responsible for human rights questions (including the drafting and presentation of Norway's first report on UN Covenant on Civil and Political Rights), international and constitutional law, social and religious legislation.
1978-84: member of the Steering Committee for Human Rights, CDDH, Council of Europe
1983-84: Chairman CDDH
1980-<: Chairman of the Human Rights Committee of the Norwegian Association of Judges
The HR Committee is affiliated with the Center for the Independence of Judges and Lawyers, CIJL, Geneva, and has close co-operation with other Norwegian Non-Governmental Organisations NGOs. Observer on political trial in Kenya 1995. Visit to Sarajevo 1997, planning projects with judges from Bosnia Herzegovina.
1987-<: Organiser of regular study visits to the European Court of Human Rights for groups of Norwegian Judges (by the Council for Continuous Training of Judges)
Numerous lectures on Human Rights for Norwegian judges and lawyers. Study visits and lectures in Estonia, Latvia, Lithuania, Poland and Russia.
Participation since 1985 as judge in the annual Moot Court competition on Human Rights for Nordic students. Co-organiser of the XIV Competition in Oslo 1998.
V. Public activities
1987-90: Chairman of investigation committee (Central Bank of Norway) appointed by the Ministry of Finance.
VI. Other activities
1963-80: Leading positions in local youth organisations (Scouts)
Member of Amnesty International and a number of non-governmental organisations.
1992-: Vice-President of the Norwegian Association of International Law
1995-98: Substitute member of the Board of the Norwegian Association of Judges
VII. Publications and other works
1987-: Chief Editor of the Collection of Nordic Jurisprudence (Nordisk Domssamling)
1990-: Member of the Board of the Nordic Law Revue (Tidsskrift for Rettsvitenskap)
Human Rights articles
1997: (English) Trial observation
Manual on Human Rights Monitoring (co-author)
Norwegian Institute of Human Rights, Oslo
1993: Den europeiske menneskerettighetskonvensjon og
Norges Høyesterett
(ECHR and the Supreme Court of Norway)
Festskrift til Jacob W F Sundberg, Juristforlaget Stockholm
1992: (English) Implementing International Standards of Human Rights in Domestic Law
Human Rights in National Legislation
latvian Academy of law, Riga
1990: (French) La portée des instruments internationaux de protection des droits de l'homme dans l'ordre juridique norvégien.
Les droits de l'homme dans le droit national en France et en Norvège.
Presses universitaires d'Aix — Marseille
1990: Internasjonale menneskerettigheter og intern norsk rett (same article)
Menneskrettighetene i den nasjonale rett i Frankrike og Norge (Eivind Smith, ed), Universitetsforlaget, Oslo
1986: Den europeiske menneskerettighetskonvensjon (EMK) —
Transformasjon til norsk rett
(On the incorporation of ECHR in the Norwegian legal order), Mennesker og rettigheter, oslo
1982: Europarådets menneskerettighetskonvensjon og Norge
(ECHR and Norway) (co-author)
with Torkel Opsahl, Den norske advokatforening, Oslo
Procedural law
(International recognition and execution of civil judgments)
1994: Anerkjennelse og fullbyrding v sivile dommer i nordisk og europeisk perspektiv
Liber Amicorum, Festskrift til Ole Due
Grads Forlag, København
1979: Nye regler om fullbyrding av sivile dommer
Tidsskrift for Rettsvitenskap, Oslo
1977: Anerkjennelse og fullbyrding av utenlandske dommer
Jussens venner, Oslo
+ articles in Norwegian on bankruptcy and forced execution legislation etc.
VIII. Languages
Mother tongue: Norwegian
Official languages:
English: fluent
French: fluent
Other languages:
German: good
Russian: working knowledge
Hanne Sophie Greve
I. Personal details
Sex: female
Date of birth: 14 April 1952
Place of birth: Tønsberg, Norway
Nationality: Norwegian
II. Education and academic and other qualifications
Schola Bergensis, Norway, Examen Artium, Senior high school, Main course: Latin
September-June 1971: Universitas Bergensis, Norway, Examen Philosophicum, Compulsory study (for university students) of philosophy, logic and psychology
September 1971-June 1972: Universitas Bergensis, Norway, Roman culture basic course, Latin, and Roman culture (inter alia: law, statesmanship, literature and philosophy)
September 1972-December 1976: Universitas Bergensis, Norway, Candidatus Juris, Complete law studies (private and public law, criminal and administrative law, national and international law)
Summer 1979: The Salzburg Seminar, Austria (under Harvard university), American law and legal institutions
February 1987: The Norwegian School of Civil Defence, Civil defence organisation and administration
5 March 1988: Universitas Bergensis Norway, Doctor Juris, Doctoral thesis: Kampuchean Refugees: "Between the Tiger and the Crocodile" — International Law and the Overall Scope of One Refugee Situation. 687 pages.
Juris doctorem honoris causa, universitas Bergensis, 20 August 1996
III. Professional activities
a. Details of judicial activities
1.1.78-15.8.79: Assistant judge, Sandnes County Court, Norway; civil, criminal and administrative cases, notarius publicus
1.9.82-31.12.84: Law Clerk, The Permanent Court of Arbitration for Western Norway (cases concerning engineering, building and construction)
1.4.88-12.5.96: Judge, The Court of Appeals for Western Norway; civil, criminal and administrative cases
13.5.96 to-date: President, The Court of Appeals for Western Norway; civil, criminal and administrative cases
In October 1997 acting Senior President
b. Details of non-judicial activities
1.1.-31.12.77: Assistant Professor, Universitas Bergensis, Faculty of Law; teaching graduate students private and administrative law, research work
16.8-16.11.79: Assistant Professor, Universitas Bergensis, Faculty of Law; teaching graduate students administrative and constitutional law
17.11.79-17.11.81: Assistant Protection Officer; The United Nations High Commissioner for Refugees (duty station Bangkok, Thailand), Regional Office for Western South Asia, protection work relating to refugees seeking/having temporary asylum in Thailand (main focus on Cambodian refugees) (see also IV infra)
18.11.81-31.8.82: Research grant from the Chr. Michelsen Institute, Norway; research into the situation of Cambodian refugees (see also IV infra)
1.9.82-31.12.84: Practising lawyer; associate, The Law Firm Wiig & Wiig, Norway, partner from mid-1984 (thence The Law Firm Wiig & Co.); Contract, business and oil law; civil court cases
1.1-31.12.85: Associate Professor, The Norwegian School of Economics and Business Administration; teaching graduate students general principles of law and international business law and international business law, research work
20.8-4.9.85: Fact finding mission to Ethiopia, Consultant to the Norwegian Save the Children, concerning unaccompanied minors in Ethiopia (see also IV infra)
1.1.86-31.3.88: Associate Professor, Universitas Bergensis, Faculty of Law; teaching graduate students the law of succession, research work
30.11-6.12.87: Fact finding mission to angola, Consultant to the Lutheran World Federation, concerning alleged human rights violations by the South West Africa People's Organisation against Namibian refugees (see also IV infra)
1.1.85-31.3.88: Research Fellow, The Scandinavian Institute of Maritime Law, Norway, research work related to oil and gas law
18.3-1.4.90: Fact finding mission to the State of Cambodia and Thailand, Consultant to the Norwegian Ministry of Foreign Affairs, concerning Norwegian humanitarian assistance to Cambodia (see also IV infra)
1.1.92 to-date: Conciliation Officer, The Office of the Norwegian Conciliation Officer
May 1990: Election observer in Lithuania (see also IV infra)
February 1991: Election observer in Lithuania (see also IV infra)
March 1991: Election observer in Latvia (see also IV infra)
4.8.92-3.2.93: Mediator, The United Nations Transitional Authority in Cambodia (duty station Phnom Pehn, Cambodia) (see also IV infra)
21.10.93-30.4.94: Commissioner, The United nations Commission of Experts Established Pursuant to Security Council Resolution 780 (1992) to examine and analyse information with a view to providing its conclusions on the evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law committed in the territory of the former Yugoslavia (see also IV infra)
1.1.95 to-date: Senior Research Fellow, Chr. Michelsen Institute, Development Studies and Human Rights, Bergen, Norway (see also IV infra)
25.2-12.3.95: Fact finding mission to Botswana, Consultant (under Chr. Michelsen Institute) to the Norwegian Ministry of Foreign Affairs, concerning evaluation of Norwegian assistance to The Remote Area Development Programme of Botswana (initially known as the Bushmen Development Programme)
24.2-17.3.96: Pro bono trainer, The Cambodian Court Training Project, a project organised by The International Human Rights Law Group (Washington, DC, USA) and funded by USAID (see also IV infra)
3-22.5.96: Expert Witness, in the Duško Tadić case, International Criminal Tribunal for the Former yugoslavia (see also IV infra)
In 1988 and 1989 associate editor, Journal of Refugee Studies published by Oxford university Press in association with the Refugee Studies Programme University of Oxford. (see also IV infra)
Previously, occasionally — since work in The United Nations Commission of Experts Established Pursuant to Security Council Resolution 780 (1992), frequently — lecturing on international law (especially refugee law, humanitarian law, protection of civilians in time of war and war crimes), mainly in Norway, but also inter alia at Oxford, in Dundee, Geneva, Landegg, Bangkok, Phnom Penh, and Los Angeles. (see also IV infra)
Prior to completed law studies, worked inter alia as a research assistant and student adviser.
c. Details of all non-legal professional activities
None.
IV. Activities and experience in the field of human rights
17.11.79-17.11.81: Assistant Protection Officer; The United Nations High Commissioner for Refugees (duty station Bangkok, Thailand), Regional Office for Western South Asia, protection work relating to refugees seeking/having temporary asylum in Thailand (main focus on Cambodian refugees) (see also IV supra)
18.11.81-31.8.82: Research grant from the Chr. Michelsen Institute, Norway; research into the situation of Cambodian refugees (see also III supra)
20.8-4.9.85: Fact finding mission to Ethiopia, Consultant to the Norwegian Save the Children, concerning unaccompanied minors in Ethiopia (see also III supra)
30.11-6.12.87: Fact finding mission to Angola, Consultant to the Lutheran World Federation, concerning alleged human rights violations by the South West Africa People's Organisation against Namibian refugees (see also III supra)
18.3-1.4.90: Fact finding mission to the State of Cambodia and Thailand, Consultant to the Norwegian Ministry of Foreign Affairs, concerning Norwegian humanitarian assistance to Cambodia (see also III supra)
May 1990: Election observer in Rumania (see also III supra)
February 1991: Election observer in Lithuania (see also III supra)
March 1991: Election observer in Latvia (see also III supra)
4.8.92-3.2.93: Mediator, The United Nations Transitional Authority in Cambodia (duty station Phnom Penh, Cambodia) (see also III supra)
21.10.93-30.4.94: Commissioner, The United Nations Commission of Experts Established Pursuant to Security Council Resolution 780 (1992) to examine and analyse information with a view to providing its conclusions on the evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law committed in the territory of the form Yugoslavia (see also III supra)
1.1.95 to-date: Senior Research Fellow, Chr. Michelsen Institute, Development Studies and Human Rights, Bergen, Norway (see also III supra)
25.2-12.3.95: Fact finding mission to Botswana, Consultant (under Chr. Michelsen Institute) to the Norwegian Ministry of Foreign Affairs, concerning evaluation of Norwegian assistance to The Remote Area Development Programme of Botswana (initially known as the Bushmen Development Programme) (see also III supra)
24.2-17.3.96: Pro bono trainer, The Cambodian Court Training Project, a project organised by The International Human Rights Law Group (Washington, DC, USA) and funded by USAID (see also III supra)
3-22.5.96: Expert Witness, in the Duško Tadić case, International Criminal Tribunal for the Former Yugoslavia (see also III supra)
In 1988 and 1989 associate editor, Journal of Refugee Studies published by Oxford University Press in association with the Refugee Studies Programme university of Oxford (see also III supra)
Previously, occasionally — since work in The United Nations Commission of Experts Established Pursuant to Security Council Resolution 780 (1992), frequently — lecturing on international law (especially refugee law, humanitarian law and protection of civilians in time of war), mainly in Norway, but also inter alia at Oxford, in Dundee, Geneva, Landegg, Bangkok, Phnom Penh, and Los Angeles (see also III supra)
Founder-member and member of the Board of the Thorolf Rafto Foundation for Human Rights, Bergen, Norway.
Group member Amnesty International since 1979 (when living in Norway), shorter engagements as group contact/co-ordinator and mandate committee member (both in Norway)
Member of the Commission of Justicia et Pax, The Oslo (Norway) Roman Catholic Diocese, since spring 1995
V. Public activities
Member of the Board of the National Theatre, Bergen, Norway
Some experience as a free lance journalist and with public relations work.
VI. Other activities
None of special interest in this context (student, sports, neighbourhood and parish activities — no political activities).
VII. Publications
Several publications relating to the law of building and construction work, sub-contracting in oil and gas law, and the law of succession.
Doctoral thesis: Kampuchean Refugees: "Between the Tiger and the Crocodile" — International Law and the Overall Scope of the One Refugee Situation, Bergen, Norway, 1987
Numerous private papers and articles on refugee law and the Cambodian refugee situation in particular.
More recent publications
A Returnees' Ombud in Cambodia — A suggestion, published inter alia in Refugee participation Network 12 March 1992, Oxford University
"Safe Haven": Lessons from the Cambodian model, essay in memory of Atle Grahl-Madsen, published in The Living Law of Nations, N.P. Engel Publisher, Kehl, 1996
Cambodia, chapter in the 1991 Yearbook on Human Rights in countries Receiving Aid from the Nordic Countries, the Netherlands and Canada, Scandinavian University Press, Oslo, June 1992.
Land Tenure and Property Rights in Cambodia, Phnom Penh, February 1993
An Alleged Genocide Including Allegations of Massive Violations of the Elementary Dictates of Humanity — Opština Prijedor, a District in Norther Western Bosnia, Annex V to the Final Report of the United Nations Commission of Experts Established Pursuant to Security Council Resolution 780 (1992), United Nations Document S/1994.674 (the annexes — which as a whole constitute an integra part of the Final Report — were published in 1995)
Published in NORAD's support of the Remote Area Development Programme (RADP) in Botswana, by the Chr. Michelsen Institute Development Studies and Human Rights, Evaluation Report 1.96, The Royal Norwegian Ministry of Foreign Affairs, Oslo, February 1996
Terri Operandi: Norge som virkeområde for internasjonal kriminalitet (The influence of international crime in Norway) chapter in Frihet fra lenker — arbeid for menneskets rettigheter, Fagbokforlaget, Bergen, 1996
Book in progress Beskyttelse — Om sammenhengen mellom rettssikkerhet og menneskerettigheter (Protection and the interrelation between justice and human rights), to be published in spring 1998 by Fagbokforlaget, Bergen
VIII. Languages
Mother tongue: fluency in speaking, reading and writing
Official languages:
English: fluency in speaking, reading and writing (legal texts included)
French: limited ability to speak and read (legal texts included) and understand the spoken language
Other languages:
Swedish: fluency in reading and understanding the spoken language
Danish: fluency in reading and understanding the spoken language
German: some ability in reading and understanding the spoken language, limited ability to speak and write
Thai: limited ability to speak and understand the spoken language
Khmer: limited ability to speak and understand the spoken language
IX. Other relevant information
Some awards and honours received
Erik Møse
I. Personal details
Date and place of birth: 9 October 1950, Oslo
Sex: male
Nationality: Norwegian
Civil status: Married, two children
II. Education and academic and other qualifications
1971-76: Legal studies at the University of Oslo
1974-76: Scientific assistant
1980: Studies at Institut de hautes études internationales, Geneva, Switzerland
Since 1981: Lecturer at the University of Oslo, particularly in human rights
Since 1994: Part-time professor ("førstelektor"), mainly in the European Convention on Human Rights (ECHR).
1995-96: Fellow at the Human Rights Centre, University of Essex, England.
III. Professional activities
a. Details of judicial activities
1985-86: Deputy judge at Eiker, Modum and Sigdal District Court
1993-: Judge at Borgarting Court of Appeals, Oslo. The Courts of Appeals have general competence in all matters, including the constitutional, civil, criminal and administrative fields.
b. Details of non-judicial legal activities
1977-81: Counsellor in the Ministry of Justice, Department of Legislation, which has a main responsibility for the preparation of draft legislation and gives advisory opinions. The department also scrutinises the compatibility of legislation with the human rights conventions.
1981-86: Head of Division in the Department of Legislation, Responsible inter alia for human rights issues
1986-93: Advocate at the Solicitor General's Office (Civil Affairs), which pleads civil cases for the Government in all Norwegian courts and gives advisory opinions. Supreme Court Barrister in 1989; several cases before the Supreme Court
1977-83: Secretary of the Committee which drafted a new Alien's Act (NOU 1983:47).
1991-94: Chairman of the Committee which drafted a new Passport Act (NOU 1994:13).
Non-legal professional activities
...
IV. Activities and experience in the field of human rights
National tasks
Norwegian representative in connection with examination of reports and individual complaints by various human rights bodies, eg the Human Rights Committee (CCPR) and the Racial Discrimination Committee (CERD).
Agent of the Norwegian Government before the European Commission of Human Rights and Court of Human Rights, see for example E v Norway (Series A 181, 1990).
Human rights expert for the Committee which drafted new legislation concerning the review of judgments in criminal cases (NOU 1992:28).
Chairman of the Committee submitting proposals for the incorporation into Norwegian law of human rights conventions (NOU 1993:18).
Since 1991: Member of the Editorial Committee for "Mennesker og Rettigheter", a Nordic Human Rights Journal published under the auspices of the Norwegian Institute of Human Rights.
Since 1995: Member of the Board of the Norwegian Institute of Human Rights.
1996: Human rights expert for the Parliament's commission which carried out an investigation of the secret services ("the Lund Commission").
1997: Human rights expert for the Government and Parliament concerning the right to be exempted from the subject "Christianity, Religion and Belief" in the primary school.
International tasks
1980: Expert for the Secretary General of the Council of Europe concerning the justiciability of social and economic rights in Norway.
1977-94: Member of several Committees within the Council of Europe. Participated in the drafting process of Protocols Nos. 6 to 11 of the ECHR. In particular:
1984-85: Chairman of the Committee of experts for the extension of the European Convention of Human Rights during the drafting of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
1992: Chairman of the Working Party on National Minorities
1993: member, subsequently Chairman of the Group of Legal Experts to consider the possibility of creating a judicial organ to monitor Human Rights in States which are not yet members of the Council of Europe, of CM Resolution 93 (6).
1993-94: Chairman of the Council of Europe's Steering Committee for Human Rights
Expert at NORDEM (Norwegian Resource Bank for Democracy and Human Rights). Several functions, for instance:
1993: Two missions to Addis Ababa, Ethiopia, in connection with the work of the Ethiopian Constitutional Commission.
1995: Mission to Rabat, Morocco, organised by the UNDP, in order to draw up a report on the promotion of human rights in Morocco.
1995-: National Correspondent of the Council of Europe (Norway).
1996-97: Human rights expert/lecturer for the Council of Europe and the OSCE in Latvia, Russia (Orel) and Sarajevo.
V. Public activities
1984-91: Secretary of the Committee exercising control with the Secret Services.
1992-95: Member of the Complaint Board established under the Statute on Equality between the Sexes, which reviews the decisions of the Equality Ombud.
1996-: Member of the Norwegian Association's of Judges' Committee for further education of judges.
VI. Other activities
Adviser to several non-governmental organisations.
VII. Publications and other works
One book and more than 30 articles, mainly in the field of human rights (cf enclosure), inter alia the following twelve publications:
Folkerettslige tekster (Treaty collection), 1976, revised in 1982, 1991 and 1995.
"The Optional Protocol to the International Covenant on Civil and Political Rights", in Santa Clara Law Review 1981 pp. 271-331 (with Torkel Opsahl). Also included in Opsahl: Law and Equality pp. 267-331.
"Lovadelingen og menneskerettighetene — overblikk og tilbakeblikk", Festskrift Lovavdelingen 100 år (1885-1985) pp. 148-159. (Article on the role of the Department of Legislation, Ministry of Justice, in the Mélanges published on the occasion of the centenary of that Department).
"Forholdet mellom visse sider ved rettsmiddelsystemet i straffesaker og menneskerettighets-konvensjonene", in NOU-1992:28 To-instansbehandling, anke og juryordning i straffesaker pp. 173-190. (Advisory opinion on the relationship between certain aspects of the system of review in criminal cases and the requirements of the human rights conventions).
NOU 1993:18 Lovgivning om menneskerettigheter (with Tor Bøhler, Karl Nandrup Dahl, Anne Cathrine Frøstrup, Hilde Indreberg, Torkel Opsahl, Carsten Smith, Trude Sæbo and Margit Tveiten). (Committee report on the incorporation into Norwegian law of human rights conventions).
"Den europeiske menneskerettighetskonvensjon", in Karnov Norsk kommentert Iovsamling (1994, up-dated in 1996). (Commentary on the substantive articles of the ECHR).
"The Guarantees of Human Rights in the Light of European Integration", in The National Constitutions and European Integration (1995) pp. 158-168. (Contribution to a seminar in Warsaw arranged in 1994 by the Polish Academy of Sciences).
"Mission d'évaluation en vue de l'élaboration d'un Programme National de Promotion des Droits de l'Homme au Maroc" (with Yvonne Diallo).
"Utredningen om inkorporering av menneskerettighetskonvensjoner", in Høstmælingen: Gjennomfering av internasjonale menneskerettigheter i norsk rett, (1996) pp. 15-27 (Article on the incorporation into Norwegian law of human rights conventions).
"Forholdet mellom visse sider ved de hemmelige tjenester og menneskerettighetskonvesjonene, in Stortingsdokument No. 15 (1995-96) pp. 595-609. (Advisory opinion on the requirements of the human rights conventions for the parliament's commission which investigated the secret services).
"The European Convention on Human Rights and the European Torture Convention". contribution to Conflict Dynamics and Human Rights: Problems, Human Rights Report No. 6 pp. 30-44, published by the Norwegian Institute of Human Rights (1996)
"Fritak for undervisning i faget kristendomskunnskap med religions- og livssynopplæring. Forholdet til Norges folkerettslige forpliktelser", in Ot prp nr 38 (1996-97) pp. 11-45. (Advisory opinion to the government and Parliament on the right to exemption from teaching in the subject of Christianity, Religion and Belief in the primary school).
VIII. Languages
Mother tongue: Norwegian
Official languages:
Fluent in English
French: Speaking and reading (fluent); writing (good working knowledge)
Other languages:
German: working knowledge (Full comprehension of the other Scandinavian languages)
IX. Other relevant information
List of publications
1976: Folkerettslige tekster, (Treaty collection, revised in 1982, 1991 and 1995).
1978: "Folkeretten, havretten og den økonomiske sone", Lov og Rett 1978 pp 431-432. (Review of book on international law, the law of the sea and the economic zone).
1980: "Extension of the European Convention on Human Rights." (Paper submitted at Institut de hautes études internationales, Geneva).
1980: "Justiciability of Social and Economic Rights in Norway." Report to the Secretary General of the Council of Europe.
1981: "The Optional Protocol to the International Covenant on Civil and Political Rights", in the Santa Clara Law Review 1981 pp. 271-331 (with Torkel Opsahl). Also included in Opsahl: Law and Equality pp. 267-321.
1982: Contribution to Asbjørn Eide (ed): Brudd på menneskerettighetene og internasjonal reaksjon pp. 77-85 og pp 198-204. (Book on violations of human rights and international responses).
1983: NOU 1983:47 Ny fremmedlov (with Torkel Opsahl, Jon Karlsrud, Berit Løfsnæs, Jonas W Myhre and Tertit Aasland. Committee report on a Draft Alien's Act — 476 pages).
1984: "Grunnloven og menneskerettighetene. "(Contribution concerning the Norwegian Constitution and human rights in a report from a seminar at the Nansen-school in 1984).
1984: "Utvideles av EMK", "Dødsstraffen oppheves: Ny tilleggsprotokoll", in Mennesker og Rettigheter 1984 pp. 56-62 and 89-92. (Two articles in the Nordic Human Rights Journal, concerning the extension of the rights included in the ECHR and the Sixth Protocol on the death penalty, respectively).
1986: "Lovavdelingen og menneskerettighetene — overblikk og tilbakeblikk", in Festskrift Lovavdelingen 100 år (1885-1985) pp. 148-159. (Article on the role of the Department of Legislation, Ministry of Justice, in the Mélange published on the occasion of the centenary of that Department).
1987: Contributions to Husadvakaten (revised in 1992 and 1997):
"Menneskerettighetene", volume 1 pp. 332-345
"Statsborgerskap", volume 2 pp. 10-19
"Utlendinger i Norge", volume 2 pp. 32-45
(Three articles on human rights, citizenship and aliens in Norway, respectively, in a three volume book of reference in the legal field).
1988: "Dødsstraff i folkeretten", in Når staten slår ihjel pp. 22-24. (Contribution on capital punishment in international law in a publication by the Norwegian Branch of Amnesty International).
1990: "Jury og menneskkerettigheter", in Lov og Rett 1990 pp. 176-177. (Certain human rights aspects of the jury in criminal cases).
1992: "Incorporation of Human Rights Conventions in Norwegian Law", in All-European Human Rights Yearbook: The Domestic Implementation of the European Convention on Human Rights in Eastern and Western Europe.
1992: "Forholdet mellon visse sider ved rettsmiddelsystemet i straffesaker og menneskerettighetskonvensjonene", in NOU 1992:28 To-instansbehandling, anke og juryordning pp. 173-190. (Advisory opinion on the relationship between certain aspects of the system of review in criminal cases and the requirements of the human rights conventions).
1993: NOU 1993:18 Lovgivning om menneskerettigheter (with Tor Bøhler, Karl Nandrup Dahl, Anne Cathrine Frøstrup, Hilde Indreberg, Torkel Opsahl, Carsten Smith, Trude Sæbø and Margit Tveiten). (Committee report on the incorporation into Norwegian law of human rights conventions — 309 pages.)
1993: "Situasjonen i Norge", in Rättsfondens skrifiserie nr 30: Europakonventionens införlivande med svensk rätt. (Contribution to Swedish publication on the status of the ECHR in domestic law).
1993: "Et velkjent tema i ny belysning" and "Den norske utredning im inkorporasjon av menneskerettighetene", in Mennesker og REttigheter p. 273 and pp. 292-295, respectively. (Two contributions on the incorporation of human rights conventions in Norwegian law in the Nordic Human Rights Journal).
1993: "Making International Human Rights Legislation Part of Domestic law." (Written contribution to Symposium in Addis Ababa on the new Ethiopian Constitution).
1994: NOU 1994:13 Passlov (with Peter A Blom, Eva Rygh, Tonja Korvann and Magne Svor). (Committee report on a draft Passport Act — 109 pages).
1994: "Den europeiske menneskerettighetskonvensjon" and "Utlendingsloven", in Karnov Norsk Kommentert lovsamling. (Commentary on the substantive articles of the ECHR and on the Alien's Act, up-dated in 1996).
1995: "Mission d'évalution en vue de l'élaboration d'un Programme National de Promotion des Droits de l'Homme au Maroc" (with Yvonne Diallo). (Report after mission organised by the United Nations Development Programme in Morocco).
1996: "Forholdet mellon visse sider ved de hemmelige tjenester og menneskerettighetskonvensjonene, in Dokument No. 15 (1995-96) Rapport til Stortinget fra kommisjonen som ble nedsatt av Stortinger for å granske påstander om ulovlig overvåking av norske borgere (Lund-rapporten). Vedlegg 2, pp. 595-609. (Advisory opinion on the requirements of the human rights conventions for the Parliament's Commission which carried out an investigation of the secret services).
1996: "Utredningen om inkorporering av menneskerettighetskonvensjoner", in Høstmælingen: Gjennomforing av internasjonale menneskerettigheter in norsk rett, pp. 15-27. (Article n the incorporation into Norwegian law of human rights conventions in connection with Torkel Opsahl's Memorial Seminar in 1995).
1996: "The European Convention on Human Rights and the European Torture Convention." Contribution to Conflict Dynamics and Human Rights Problems, Human Rights Report No. 6 pp. 30-44, published by the Norwegian Institute of Human Rights.
1997: "Fritak for undervisning i faget kristendomskunnskap med religions- of livssynopplæring. Forholdet til Norges folkerettslige forpliktelser", in Ot prop nr 38 (1996-97) pp. 11-45. (Advisory opinion to the Government and Parliament on the right to exemption from teaching in the subject of Christianity, Religion and Belief in the primary school).
1997: "Minoriteters rettigheter i internasjonale konvensjoner", in Minoritet/Majoritet pp. 27-32. (Article on the rights of minorities in the report of a seminar in November 1996, organised by the Contact Committee between immigrants and Norwegian authorities).
Under publication:
Several articles. A book on human rights will be published in 1998 when the Act on the incorporation of human rights conventions into Norwegian law has been adopted by Parliament.
POLAND
Permanent Representative
of the Republic of Poland
to the Council of Europe
Strasbourg 13 November 1997
Dear Mr Secretary General,
On behalf of the Minister for Foreign Affairs of the Republic of Poland I have the honour to notify the following persons as Polish Government's candidates for the post of a judge at the European Court of Human Rights.
1. Mr Jerzy Makarczyk (Judge at the European Court of Human Rights)
2. Mr Krzysztof Drzewicki (Agent of the Polish Government before the European Commission and Court of Human Rights)
3. Mr Marek Nowicki (Member of the European Commission of Human Rights)
Please find enclosed the curricula vitae of the candidates.
Yours sincerely,
Marcin Rybicki
Mr Daniel Tarschys
Secretary General
of the Council of Europe
Jerzy Makarczyk
I. Personal details
Sex: male
Date and place of birth: 24 July 1983, Warsaw, Poland
Nationality: Polish
Family:
II. Education and academic and other qualifications
1961: LLM, Law Faculty, University of Warsaw
1966: Institute of Legal Sciences, Polish Academy of Sciences thesis: "Structure and Competencies of the Parliamentary Assemblies of the West-European International Organizations"
1974: Associate Professor, Institute of Legal Sciences, thesis: "Financing of Economic Development in the United Nations System"
1988: Professor, institute of Legal Sciences, thesis: "Principles of a New International Economic Order".
III. Professional activities
Since May 1992: Judge of the European Court of Human Rights
Professor of Public International Law at the Institute of Legal Sciences of the Polish Academy of Sciences
December 1989-May 1992: Undersecretary and Secretary of State, Polish Ministry of Foreign Affairs
IV. Activities and experience in the field of human rights
Judge of the European Court of Human Rights, lectures and articles on human rights and the international judicial functions (see: Publications)
V. Public activities
President of the International Law Association, 1988-90
Vice President of the ILA, associate member, Institut de Droit international
Member, Mexican Academy of International Law
VI. Other activities
Chairman of the Polish Delegation to the UN General Assembly, 1991, observer at the session of the Parliamentary Assembly of the Council of Europe, Innsbruck 1991, participant of several meetings of the Committee of Ministers of the Council of Europe (Rome, Madrid), guest speaker, Circle europeen, Strasbourg, 1991 etc.
VII. Publications and other works
Four books, over thirty studies and articles in Polish, English, French and Japanese (see Publications)
VIII. Languages
Mother tongue: Polish (fluent speaking, reading, writing)
Official languages:
English: fluent speaking, reading, writing
French: fluent speaking, reading, writing
Other languages:
Russian: fluent speaking and reading
IX. Other relevant information
Negotiator, on behalf of the Polish Government, of the admission of Poland to the Council of Europe, negotiator with Russia on withdrawal of troops from Poland and Germany
List of publications
Books and studies
"Structure and Competencies of Parliamentary Assemblies in International Organizations of Western Europe" (doctor's thesis, manuscript), 1966
"Financing of Economic Development in the United nations System. A Study in International Law", Warsaw 1974
"Principles of a New International Economic Order" (in English), Martinus Nijhoff, 1988
"Essays in International Law in Honor of Judge Manfred Lachs" (editor, in English and French), Martinus Nijhoff, 1984
"Theory of International Law at the Threshold of the 21st Century", Essay in honour of Professor Krzysztof Skubiszewski (editor, in English and French), Kluwer, 1996
"Legal Problems of UNCTAD", Legal Studies, 1970
"Admission of New Members to the EEC", Legal Studies, 1972
"Legal Bases of Polish-French Economic Cooperation" (in French (materials, Polish-French Colloquium)), 1980
"Legal Aspects of Association Agreements of the EEC" Review of International Relations, No. 1, 1981.
Article:
"Creation of Subsidiary Organs end the Statues of International Organizations" (in French), Polish Yearbook of International Law, 1974
"The Role of International Law in the Creation of a New International Economic Order (in French), German Yearbook of International Law, 1977
"The New Economic Order and General Principles of International Law" (in Japanese), Tokyo Law Review, No. 2, 1981
"Legal Basis for Suspension and Expulsion of a State from an International Organization", (in English), German Yearbook of International Law, 1982
"Contribution to the Problem of the Settlement of Disputes Concerning the Exploitation of Seabed Resources" (in English), Hague Academy of International Law Colloquium, 1982
"The International Court of Justice on the Implied Powers of International Organizations" (in Japanese), International Christian University Law Review, No. 2, 1986
"Membership in International Organizations", (in English), Essays Lachs, 1984
"Membership in International Organizations" (in Japanese), Intranational Christian University Law Review, No. 2, 1986
"Functions and effectiveness of Supervision in an Economically Interdependent World", (in English), Utrecht 1987
"Maritime Scientific Research under the Law of the Sea Convention of 1982" (in English), Colombo, 1988.
"The International Court of Justice in the New Political Environment" (in English) in: Perspectives on International Law, Kluwer Law, 1995.
"The International Judicial Functions. Some reflections" (in English) in: Theory of International Law at the Threshold of the 21st Century, Kluwer 1996.
Krzysztof Drzewicki
I. Personal details
Sex: male
Date and place of birth: 10 July 1949, Katowice Poland
Nationality: Polish
Family:
II. Education and academic and other qualifications
1972: Graduated and received a Master of Law degree from the Faculty of Law and Administration, the Silesian University in Katowice, Poland.
Participated in sessions of the International Institute of Human Rights (Strasbourg, 1979 and 1980); and in the Hague Academy of International Law, Centre for Studies and Research in International Law and International Relations, 1986, received Diploma.
1978: Received his Doctorate in Law from the Faculty of law and Administration, the University of Gdańsk
1989: Received his Doctor Habilitus ("Habilitation") degree from the same University
1992: Appointed Professor of Law by the University of Gdańsk
III. Professional activities
a. Details of judicial activities:
Internship with the High Administrative Court (The Gdańsk branch, six months in 1989),
Since 1994 pleading before the European Commission and Court of Human Rights on behalf of the Government of Poland
b. Details of non-judicial legal activities:
1973-78: Assistant and then senior assistant, the Chair of Constitutional Law; 1978-89 lecturer and researcher, the Chair of International Public Law, Faculty of Law and Administration, the University of Gdańsk
1.7.1989-28.2.1991: Senior researcher at the Norwegian Institute of Human Rights, in Oslo, Norway.
Since 1992: Professor of Law at the Chair of International Public Law, University of Gdańsk; main areas of research and teaching: international human rights law, international humanitarian law and international organisations
1994: Appointed by the Minister of Foreign Affairs as the Agent of the Polish Government before the European Commission and Court of Human Rights
c. Details of all non-legal professional activities
1990-94: Member of the Polish ILO Tripartite Committee since its establishment (1990)
IV. Activities and experience in the field of human rights
Internships with the International Committee of the Red Cross, Legal Division (Geneva, 1980 and 1985), council of Europe, Directorate of Human Rights (Strasbourg, 1984), and in its Social Charter Section (1991), and in the International Labour Office, International Labour Standards Department (Geneva, 1991).
Delivered guest lectures at the Universities of Oslo, Lund, Sheffield, Nottingham, Aberdeen, Barcelona (Universidad Autonoma), Syracuse (Maxwell School of Citizenship and Public Affairs), Buffalo (State University) and Frankfurt n. Oder (Viadrina University); and taught at the international courses on human rights (Strasbourg, Poznań, Turku/Abo, Lund, Belgrade, barcelona and Luxembourg) and on humanitarian law (Warsaw Summer School).
Attended the 76th through 81st sessions of the International Labour Organisation in Geneva (Committee on the Application of Standards) in 1989-94 respectively, as ann adviser for the National Commission of the NSZZ "Solidarność" trade union;
1993-94: Nominated as an expert for the Constitutional Commission of the National Assembly for the needs of drafting a new Polish Constitution;
Nominated by the Polish government as a national independent expert for the needs of the mechanisms of "human dimension" of the CSCE, and in such a capacity he accompanied the CSCE High Commissioner on National Minorities in his mission to Albania (August 1993);
V. Public activities
1994: Appointed by the Minister of Foreign Affairs as the Agent of the Polish Government before the European Commission and Court of Human Rights;
Attended, as an expert for the Government of Poland, the 49th 51st-53rd sessions of the United Nations Commission on Human Rights in 1993 and 1995-97 respectively;
Head of the Polish Governmental Delegation to the first and second Implementation Meetings on Human Dimension Issues of the CSCE/OSCE (Warsaw, 1993 and 1995);
A member of the Council of Europe's Committee of Experts for the Improvement of Procedures for the Protection of Human Rights (DH-PR) since 1993, and its deputy Chairman since 1997;
A member of the Steering Committee for Human Rights (CDDH) of the Council of Europe since 1995, and a member of its Bureau since 1996;
1995-96: Chairman of the Working Group on Assistance to Democratic Institutions of the Council of the Baltic Sea States (CBSS);
1996-97: Elected a member of the Intergovernmental Working Group on the Right to Development of the UN Commission on Human Rights.
VI. Other activities
Field: human rights and international labour standards;
Duration: 1980-94
Function: Adviser for the National Commission of the NSZZ "Solidarność" trade union
VII. Publications and other works
Altogether more than 80 scholarly contributions on the international protection of human rights and international humanitarian law in Polish and other languages (17 in English and one in Norwegian). Principal publications in English include:
"Internationalization of Human Rights and Their Juridization", in An Introduction to the International Protection of Human Rights. A Textbook, ed. by R. Hanski & M. Suksi, Turku/Abo: Institute for Human Rights, Abo Akademi University, 1997, pp. 65-78.
"The Right to Work and Rights in Work", in A. Eide, C. Krause and A. Rosas (eds.) Economic, Social and Cultural Rights. A Textbook. Dordrecht-Boston-London: Martinus Nijhoff Publishers, 1995, pp. 169-188.
"The European Social Charter and Polish legislation and Practice" and (with A. Rosas) "Social Rights in a United Europe", both chapters in K. Drzewicki, C. Krause & A. Rosas (eds.) Social Rights as Human Rights. A European Challenge. Abo: Institute for Human Rights, Abo Akademi University, 1994, pp. 11-21 and 211-242;
"Pluralism and Freedom of Association", in A. Rosas & J. Helgesen (eds.) The Strength of Diversity. Human Rights and Pluralist Democracy. Dordrecht-Boston-London: martinus Nijhoff Publishers, 1992, pp. 71-88;
"The Future Relations Between Eastern Europe and the Council of Europe", in A. Bloed & W. de Jonge (eds.) Legal Aspects of a New European Infrastructure. Utreacht: Europa Instituut & Nederlands Helsinki Comité, 1992, pp. 41-60;
"Reporting Mechanism for Supervision of National legislation Implementing International Humanitarian Law", in A.J.M. Delissen and G.J. Tanja (eds.) Humanitarian Law of Armed Conflict Challenges Ahead. Essays in Honour of Frits Kalshoven. Dordrecht-Boston-London: Martinus Nijhoff Publishers, 1991, pp. 545-564;
"Institutional Arrangements for Pan-European Human Rights Protection" in Z. Kędzia, A. Korula, M. Nowak (eds.) Perspectives of an All-European System of Human Rights Protection. The Role of the Council of Europe, the CSCE, and the European Communities. Proceedings and Recommendations of an International Conference. Poznań, Poland, 8-11 October 1990. Kehl-Strasbourg-Arlington: N.P. Engel Publisher, 1991, pp. 75-91.
"Human Rights Challenges in Eastern Europe", in: Anton Marino Revedin (ed.) Human Rights and Fundamental Freedoms in the Transeuropean Dimension. Reports of the Second European Conference Concerning the Protection of Human Rights. Padova: CEDAM — Case Editrice Dott. Antonio Milani, 1991, pp. 123-137.
"The Status of International Human Rights Instruments in Domestic Law", in A. Rosas (ed.) International Human Rights Norms in Domestic Law: Finnish and Polish Perspectives. Helsinki: Finnish Lawyers' Publishing Company, 1990, pp. 1-14.
"The Human Rights Protection in Poland", in: Les droits de l'homme dans la nouvelle dimension de l'Europe. Actes de la premi, re Conférence Europeeénne sur la protection des droits de l'homme. Padova: CEDAM — Casa Editrice Dott. Antonio Milani, 1990, pp. 77-83, 109-112 and 183-189.
"National Legislation as a Measure for Implementation of International Humanitarian Law", in: Frits Kalshoven i Yves Sandoz (eds.), Implementation of International Humanitarian Law. Martinus Nijhoff Publishers, 1989, s. 109-131.
VIII. Languages
Mother tongue: Polish (excellent)
Official languages:
English: very good
French: reading (good), speaking and writing (fair)
Other languages:
Russian: good
Swedish: fair
IX. Other relevant information
Participated in over 60 national and international conferences and seminar on the international protection of human rights.
Marek (Antoni) Nowicki
I. Personal details
Sex: male
Date and place of birth: 5 March 1953, Siemiatycze, Poland
Nationality: Polish
II. Education and academic and other qualifications
1971-75: Warsaw University, Law School, Warsaw, Poland, M.LL. 1975;
Since 1987: Member of the Warsaw Bar Chamber;
1991: Visiting fellow at Harvard University Law School (Human Rights Program);
1992: Professor stagiaire at the Secretariat of the European Commission of Human Rights, Strasbourg.
III. Professional activities
a. Details of judicial activities:
1977-81: Public prosecutor in Wysokie Mazowieckie, Lomża and Warsaw;
1989-93: Private practice, Advocates' office 29, Warsaw;
b. Details of non-judicial legal activities:
1981: Legal adviser at the National Office of "Agriculturists' Solidarity":
1982-89: Legal counsel of different state enterprises and companies;
1993-97: Expert on international human rights law, Helsinki Foundation for Human Rights, Warsaw, Poland.
IV. Activities and experience in the field of human rights
Positions held:
Member, European Commission of Human Rights;
Member, Council of the Human Rights Institute of the International Bar Association (IBA HRI), London;
Member, Advisory Council of the INTERIGHTS (The International Centre for the Legal Protection of Human Rights), London;
President, Human Rights Commission of the Polish Bar (co-founder)
Vice-President, Helsinki Foundation of Human Rights, Warsaw (co-founder)
Vice-President, Polish Section of the International Commission of Jurists (ICJ) (co-founder):
Member, Helsinki Committee in Poland (co-founder in 1982; 1988-90 — spokesperson);
Positions held in the past:
1990-93: expert; Human Rights Commission of the Polish Senate;
1990-93: Member, Executive Committee of the International Helsinki Federation for Human Rights (IHF), since July 1991: Vice-president and since April 1992 until December 1993: acting president of IHF;
1991-93: human rights expert of CSCE;
1991 (August)-1995: Secretary, Polish — UN Program on Strengthening of Human Rights Infrastructure;
Selected list of other activities in the field of human rights
1989 (September): Member, IHF fact-finding mission to Bulgaria (situation of Turkish minority);
1990 (May): Member, IHF fact-find mission to Romania;
1992 (13-15 August): Head, fact-find mission of the International Helsinki Federation (IHF) to Albania;
1993: Co-author of the draft of the "Charter of Rights and Freedoms" for the future Polish Constitution;
1997 (24-27 March): European René Cassin Competition on Human Rights, Strasbourg, member of the Finals' Jury;
1997 (January-May): Expert of the Council of Europe advising the Working Group charged with preparation of the report on "Compatibility of the Russian Federation Legal System with Requirements of the European Convention on Human Rights" Moscow/Strasbourg;
"Eminent lawyers" reports for the Parliamentary Assembly on the conformity of internal legal systems with the Council of Europe basic standards in respect of human rights, rule of law and pluralistic parliamentary democracy:
1994 (August): Republic of Moldova (jointly with Mr Karel Jungwiert, judge of the European Court of Human Rights);
1997 (August): Republic of Azerbaijan (jointly with Mr Rudolf Bernhardt, Vice-president of the European Court of Human Rights;
Human rights conferences and public lectures (selected)
1997, 25-26 June: Seminar on freedom of the media and the rights and freedoms of journalists, organised by the Ministry of Foreign Affairs of Ukraine in collaboration with the Council of Europe, Kyiv, Ukraine, paper on "Art. 10 of the European Convention on Human Rights";
1997, 23-24 June: Multilateral meeting on "How to organise training workshops on the European Convention on Human Rights", organised by the Council of Europe, Strasbourg, presentation on: "Longer-term strategies on training lawyers and judges on the European Convention on Human Rights — the experience of Poland";
1997, 23-26 May: ELENA-ECRE (European Council on Refugees and exiles) conference on "The European Convention on Human Rights as an instrument for the predication of refugees and asylum-seekers", Strasbourg, paper on "Procedural rights of refugees and asylum-seekers";
1997, 15-16 May: Conference of the Criminal Bars of Europe on: "Human Rights and the Criminal Process: Is the Right of the Accused to a Fair Trail Being Eroded?", Strasbourg, contribution on: "The media in the criminal process";
1997,3-5 April: European Sections of the International Commission of Jurists Congress, Strasbourg, co-chair, session on: "Accés aux instances de Strasbourg et droit de requête individuelle";
1997, 3 April: International seminar on "Minorities and Media", organised by the Council of Europe in co-operation with the Hungarian Office from National and Ethnic Minorities, Budapest, Hungary, paper on "Art. 10 of the European Convention on Human Rights and other international standards concerning minorities and the media";
1997, 19 March: Table ronde: Le CEDH — problems de mise en oeuvre dans le respect de la diversité culturelle en Europe "Les pays de L'Est", organisé par l'Université de Bologna (Italie), Strasbourg;
1996, 11-14 November; International Conference on "Judicial protection as the Best Form of guaranteeing of Human Rights" organised by the Constitutional Court of Belarus, Council of Europe, American Bar Association and the German Foundation for International Legal Cooperation, Minsk, Belarus, papers on: "Fair trial — basic standards" and "Defence rights";
1996, 22 October: Parliamentary Assembly of the Council of Europe, Committee on Migration, Refugees and Demography — hearing in paris, report on "The European Convention on Human Rights as an instrument for the protection of refugees and asylum-seekers";
1996, 30 September-2 October: Multilateral meeting on "Delays in civil and criminal proceedings and ways of counteracting them", organised by the Council of Europe in co-operation with the Ministry of Justice of Poland, Warsaw, Poland, paper on: "The concept of reasonable delay in the case law of the bodies of the European Convention on Human Rights. Remedies available in domestic law and their effectiveness with regard to the European Convention on Human Rights — comparative approach".
1996, 27-29 September : International conference "The European Convention on Human Rights in Central & Eastern Europe: first practical experiences" organised by the Human Rights Commission of the Polish Bar jointly with the Czech Bar and the Norwegian Bar Association, Cracow, Poland, Chair of Steering Committee; Chair of working party; University and the American Civil Liberties Union, Chicago, Illinois (USA);
1996, 7-13 July: Seminar "Freedom of expression in the Different Systems of Human Rights Protection" organised by Friedrich — Naumann — Stiftung (Brussels), Strasbourg, paper on: "Freedom of expression, Standards of the European System of Human Rights Protection";
1996: 15 March: Pole Universitaire Européen du Montpellier et du Languedoc — Roussillon, Journée scientifique: "Les droits de l'homme", Montpellier, France, exposé au sujet: "Procès équitable (aspect civil). Quelques observations sur la jurisprudence récente de la Commission et la Court européene des droits de l'Homme";
1995, 14-15 December: Seminar n the European Convention on Human Rights, organised by the Russian Legal Academy and the Council of Europe, Moscow, Russian Federation, papers on: "Fair trial — civil aspects" and "Freedom of expression".
1995, 5 May: Seminar on "Human Rights in the Emerging European Order", Nicosia, Cyprus, paper on: "The European Convention on Human Rights in Central Europe";
1995, 1-3 May: Seminar on: "Journalists' Freedoms" organised by the Union of Journalists of the Russian Federation and the council of Europe, Moscow, Russian Federation, paper on: "Freedom of expression. European standards";
1994, 21 November: Workshop on media law, organised by the Council of Europe, Bucharest, Romania, paper on: "Freedom of expression. European Standards";
1994, 20-21 October: International Symposium "Europe against Discrimination: Vigilant for Democracy and Freedom" organised under the auspices of Catherine Lalumière, Secretary General of the Council of Europe, Strasbourg, member of the Committee of Recommendation, Chairman of the discussion group;
1994, 5-6 June: First Annual Warsaw Judicial Symposium CSCE, Popowo, Poland; paper on: "Fair trial under Art. 6 of the European Convention on Human Rights";
1992, 2-5 November: Rencontres Internationales sur "L'impunité des auteurs de violations graves des droits de l'homme", organisées par la Commission nationale consultative des droits de l'homme et la Commission Internationale de Juristes. Palais de Nations Unies, Genève; expert;
1991, 20-23 May 1991: NAACP — Legal Defence and Educational Fund International Public Interest Law Symposium on "Public Interest Law Around the World", Columbia University Law School, New York, USA; paper on: "Public interest activity of lawyers — Polish experience";
1991, 25 April: "Helsinki Process and Human Rights Movement in Easter Europe", public lecture at Harvard University Law School, Cambridge, MA (USA);
1991, 13 April: "Human Rights in Poland — contemporary problems", lecture at the luncheon organised by the International Human Rights Law Institute, DePaul
1991, 18-19 January: International Conference on Human Rights in China, organised by Human Rights in china and China Watch, Columbia University, New York (USA); paper on: "Lessons that can be learned by the Chinese from the human rights movement in the recent transition in Eastern Europe".
1990, 24-26 November: Third Sintra Human Rights Conference, Sintra, Portugal, paper on: "The Development of Human Rights Movement and Multiparty State in Central and Eastern Europe";
Participation in the parallel (NGOs) programme during CSCE follow-up meetings in Paris (1989), Copenhagen (1990), Moscow (1991), Helsinki (1992).
Other public lectures:
1990: International Summer School on Human Rights, Helsinki Foundation for Human Rights, Warsaw;
1990: Human rights courses, Helsinki Foundation for Human Rights;
1990: Human rights seminar, Polish Bar;
1991: human rights courses, European Centre, Warsaw University;
1994: Human rights seminars for judges and prosecutors, Centre of Information and Documentation of the Council of Europe in Warsaw and Ministry of Justice
V. Public activities
Member, National Council of the Polish Bar.
VI. Other activities
Member, Program Council of the Centre of Information and Documentation of the Council of Europe, Warsaw;
Member, Board of Editors of the Polish Bar Journal "Palestra";
1981: Member of the National Coordination Committee of "Solidarity" in the Public Prosecutor Office;
1988: Legal adviser, silesia Strikers' Committee in Jastrzebie;
1989: Member, Commission of Administration of Justice of the Lech Walesa's Citizens' Committee;
VII. Publications and other works
Eleven books and approximately 300 articles published.
Books (in Polish):
1997: Strasbourg case law. Digest, C.H. Beck, Warsaw 1997, (to be published);
1997: Lawyers' duties, IBA Human Rights Institute Newsletter, September issue;
"Les effets de la CEDH en Pologne: Un bilan quatre ans après", in: Studies in honour of Mr Rolv Ryssdal, (to be published)/with A. Drzemczewski/;
Number of articles on international and comparative human rights law published in Polish journals or newspapers, including:
1995: special column in: Prawo i Zycie" (Law and Life) — weekly;
1991: special column "Human Rights in: Palestra" (the Polish Bar Association journal) — Strasbourg case law;
1991: special columns in: "Rzeczpospolita" (The Republic) — daily (among other issues: Strasbourg case law published since 1991);
Other publications:
1990-93: author and co-author of translation into Polish the most important conventions of the Council of Europe including the European Convention on Human Rights;
1997: Internet: home page of the Centre of Documentation and Information of the Council of Europe in Warsaw — case law of the European Court of human Rights:
VIII. Languages
Mother tongue: Polish
Official languages:
English: speaking, reading, writing
French: speaking, reading, writing
Other languages:
Russian: speaking, reading, writing;
Belorussian: reading;
Ukrainian: reading;
Slovak: reading;
Czech: reading;
IX. Other relevant information
Awards:
1984: Award of the Polcul Foundation- exceptional contribution towards development of the independent Polish culture;
1992: Award of the Krzyzanowski Foundation (USA) — promotion of human rights;
1995: Polish Bar medal "The Bar to Meritorious".
1997: The Jurisprudence of the European Court of Human Rights: 1997 (volume I), Centre of Documentation and Information of the Council of Europe, Warsaw, pp. 170;
1996: Milestones. Case law of the European court of Human Rights, Centre of Information and documentation of the Council of Europe, Warsaw, pp. 479; second issue; 1997
1996: The Jurisprudence of the European Court of Human Rights — 1996, Centre of Documentation and Information of the Council of Europe, Warsaw, pp. 194;
1996: The Jurisprudence of the European Court of Human Rights — 1995. Centre of Documentation and Information of the Council of Rights, Warsaw, pp. 119;
1995: The Jurisprudence of the European Court of Human Rights — 1994, Centre of Documentation and Information of the Council of Europe, Warsaw, pp. 103;
1994: The Jurisprudence of the European Court of Human — 1994, Centre of Documentation and Information of the Council of Europe, Warsaw, pp. 139;
1992: On the European Convention, Palestra, Warsaw, pp. 303 (first original Polish introduction to the Convention system);
1982-92: co-author of all (15) reports of t he Helsinki Committee in Poland, including: "Poland under Martial Law", Human Rights Watch, New York, 1983.
Article:
1988: AIDS in Poland — Some Legal and Social Problems", in "AIDS and Human Rights — International Perspectives", Danish Centre for Human Rights, Copenhagen (with Z. Kuratowska).
1990: New Tasks for Helsinki Committees in Eastern Europe, Helsinki Monitor, No. 2, pp. 32-33;
1991: Functioning of "kolegia" in Public Order Offenses", in: "Social Control and the Law in Poland", Berg Publisher, New York/Oxford/with P.L. Andrzebjewski/;
1996: The Impact of the ECHR in Poland: A Stock-taking after Three Years", European Human Rights Law Review, Issue 3, pp. 277-279 (with A. Drzemczewski);
1996: NGOs before the European Commission and the Court of Human Rights", Netherlands Quarterly of Human Rights. Volume 14, No. 3, pp. 289-302;
1996: Strasbourg and the Position of the Defence Counsel", European Journal of Crime, Criminal Law and Criminal justice, Volume 4, pp. 335-347.
PORTUGAL
Missāo Permanente de Portugal
junto do
Conselho da Europa
Strasbourg, 14 November 1997
Subject: Election of judges to the single European Court of Human Rights
Dear Mr Secretary General,
With reference to my letter No. 230 of 20 October last, I have the honour to inform you, that the three Portuguese candidates for election to the new European Court of Human Rights have been notified by the Portuguese authorities in order of priority.
Yours sincerely,
(signed)
Álvaro GuerraP
Permanent Representative
Mr Daniel Tarschys
Secretary General of
the Council of Europe
Strasbourg, 20 October 1997
Subject: Election of judges to the new European Court of Human Rights
Dear Sir,
With reference to your letter of 23 September last, please find below the list of three Portuguese candidates for election to the new European Court of Human Rights, together with their curricula vitae. They are:
—Mr Ireneu Cabral Barreto—
—Mr Manuel António Lopes Rocha—
—Mr António Pais de Sousa.Yo
Yours sincerely
(signed)
Joāo Paulo Matos Sequeira
Chargé d'AffairesPORTUGAL
Ireneu Cabral Barreto
I. Personal details
Sex: male
Date and place of birth: 5 February 1941, Ponta do Sol, Madeira, Portugal
Nationality: Portuguese
Married to Mrs Ana Maria de Oliveira Temudo e Melo Cabral Barreto since 1967
Two adult sons
II. Education and academic and other qualifications
1963: Degree in law from the Coimbra Law University
Attendance of the post-graduate course in legal sciences (6th year) at the same university, until admittance to the Public Prosecution Career (March 1964)
1964: Examination for access to the Public Prosecution Career
1970: Examination for access to the Judiciary Career
1996: Examination for appointment to Judge at the Supreme Court of Justice
III. Professional activities
a. Judicial activities
1964-70: Assistant to the District Attorney at the counties of Ourique, S. Vicente, Vila Nova de Famalicão, Vila Verde, Portimão and Lisboa
1971-72: Judge at the county of S. Jorge
1972-75: Assistant to the District Attorney at the districts of Bragança, Évora and Setúbal
1975-97: Assistant Attorney General, having acted as:
Legal adviser at the Ministry of Trade and Tourism and at the Ministry of Trade (1975-77)
Representative of the Attorney General for the Republic at the 2nd chamber for civil matters, Supreme Court of Justice (1978)
Member of the Advisory Council of the Attorney General's Office (1979-97)
1997: Judge at the Supreme Court of Justice since 3 April
Since 4 April 1997: On duty commission at the Advisory Council of the Attorney General's Office
b. Non-judicial legal activities
In Portugal
1977-79: Chairman of the Steering Group in charge of the training stage for Public Prosecutors
February 1978: Comments to the decisions rendered by the Supreme Court of Justice, published in "Boletim do Ministério da Justiça", from its No. 273, February 1978
At international level
United Nations Organisation
1982: Took part in the 37th General Assembly of the United Nations (Sixth Commission)
1983: Took part in the works for the drawing up of an international convention against the recruitment, use, financing and training of mercenaries
1983: Member of the Portuguese delegation to the Conference of Plenipotentiaries for the drawing up of a convention on succession of states in respect of state property, archives and debts, Vienna
1986: Member of the Portuguese delegation to the Conference of Plenipotentiaries for the drawing up of a treaty on the law of treaties between states and international organisations or between international organisations, Vienna
c. Non-legal professional activities
None
IV. Activities and experience in the field of human rights
a. Council of Europe
Since 8 May 1993: Member of the European Commission of Human Rights
1993: Chairman of the Jurists Committee entrusted with the drawing up of a draft resolution on the mechanisms for the protection of human rights in Bosnia and Herzegovina
1991-92: Chairman of the Steering Committee for Human Rights (CDDH)
1988-90: Deputy Chairman of the Steering Committee for Human Rights (CDDH)
1984-92: Member of the Steering Committee for Human Rights (CDDH)
1985-91: Standing member of the committee for selection of the granting of scholarships concerning human rights in the Council of Europe
1984-92: Representative of the Portuguese Government in the European Commission and in the European Court of Human Rights
1980-84: Member of the ad hoc committee entrusted with exchanging views on the draft of a convention against torture
Since 1981: Member of the Committee of Experts for the Improvement of Procedures for the Protection of Human Rights (DH-PR) since 1981, and Deputy Chairman of the committee in 1986-87
Took part in the colloquies held in Funchal (Human rights as regards foreigners), 1983; Seville (Freedom of expression and information), 1985; Thessaloniki (Democracy and human rights), 1987; Nordic (Non-discrimination), 1990; Budapest (Cultural rights — New architecture in Europe), 1995
1985: Took part in the preparatory meetings (Strasbourg and Vienna) and in the European Ministerial Conference on Human Rights, Vienna
1986: Took part, as representative of the CDDH, in the Ombudsman Conference held in Vienna
1988 and 1991: Took part in the colloquies held by the Austrian Institute of Human Rights, Salzburg
Took part in the round tables with ombudsmen, Florence 1992 and Lisbon 1995
b. United Nations Organisation
1992-93: Mission to Sao Tome and Principe, as consultant expert of the United Nations, for an assistance programme in respect of human rights
c. Others
Regular collaboration with the Portuguese Judicial Studies Centre in the field of "human rights", including the supervision and co-ordination of seminars on these matter
Different interventions on "human rights", namely at some Portuguese universities and during the campaign "All different — All equal"
V. Public activities
Associate member of the "Associação portuguesa dos direitos dos cidadãos" (NGO)
Member of the "Direito e Justiça", the Portuguese section of the Jurists International Commission (JIC)
VI. Other activities
1983-86: Elected member of the High Council of the Public Prosecution
1979-86: Member of the Management Board of the Judicial Studies Centre, under appointment of the High Council of the Public Prosecution
1990: Entrusted with the co-operation in the study for the revision of the Macao penitentiary system
Co-operation, as analyst, in the informatics processing of the Advises issued by the Advisory Council of the Attorney General's Office, as well as of the case-law of the Constitutional Court
1981: Observer at the Inter-American Conference which has drawn up a convention on extradition, Caracas
VII. Publications and other works
Rapporteur of almost one hundred legal advices issued by the Advisory Council, most of them published in the "Diário da República" and in the "Boletim do Ministério da Justiça
Main works in the field of human rights:
"A Convenção Europeia dos Direitos do Homem", Editorial Notícias/Aequitas, 1995, a commentary to the Convention and its protocols (382 pages)
"Anotação" regarding a decision of the European Commission of Human Rights on "equality of arms", in Boletim de Documentação e Direito Comparado, Nos. 39/40, 1989, pp. 115 and ff
"A evolução do conceito de universalidade dos direitos humanos e a participação das mulheres na construção da democracia", in Igualdade Democracia e Direitos Humanos, Cadernos da Condição Feminina, No. 33, 1991, pp. 59 and ff
"Notas para um processo equitativo — Análise do artigo 6o da Convenção e do Tribunal Europeia dos Direitos do Homem à luz da jurisprudência da Comissão e do Tribunal Europeu dos Direitos do Homem", in Separata do Beletim de Documentação e Direito Comparado, Nos. 49/50,1992
"Notas sobre o direito à liberdade e à segurança", in Separata do No. 2 da Revista Portuguesa de Ciência Criminal, 1992
"Democracia e direitos do homen", in Revista do Ministério Público, No. 54, Abril/Junho 1993, pp. 77 and ff
"Article 48" commentary included in the collective work La Convention Européenne des Droits de l'Homme published under the supervision of Louis-Edmond Pettiti, Emmanuel Decaux and Pierre-Henri Imbert, Economica, Paris, 1995
"L'article 6 de la Convention et la procédure d'exécution", contribution to the Mélanges Ryssdal, President of the European Court of Human Rights, sent to press
"La jurisprudence de la Commission concernant les droits des étrangers", contribution to a book in honour of the former President of the European Commission of Human Rights, Carl Aage Norgaard, sent to press
"A audiência pública em processo penal", speech made during a colloquy in honour of Judge Pinheiro Faria, held in April 1977, under publication
VIII. Languages
Mother tongue: Portuguese
Official languages:
French: spoken, read, written
English: spoken, read (not fluently), written
Other languages:
Spanish: spoken and read
Italian: read
IX. Other relevant information
Took part in the drawing up of the Legal Experts Report submitted to the Parliamentary Assembly of the Council of Europe on Byelorussia, regarding its acceptance within this Organisation.
Manuel Antonio Lopes Rocha
I. Civil status
Sex: Male
Date and place of birth: 21 July 1931, Leiria (Portugal)
Nationality: Portuguese
II. Education, diplomas and other qualifications
First degree, with distinction, from the Faculty of Law, University of Coimbra, 1954
Complementary Course in History of Law, with distinction, from the same Faculty
III. Professional career
a. Judicial duties
As from 15 October 1956: Appointed to Public Prosecutor's Office, Cartaxo
Admitted to the Judiciary, with the highest distinction, taking 1st place
As from 29 June 1962: Appointed Judge at Monçao
As from 30 October 1964: Transferred, at his own request, to Alenquer
As from 4 June 1966: Appointed assistant to the Public Prosecutor, Lisbon Court of Appeal
As from 27 March 1969: Appointed assistant to the Attorney General
As from 7 April 1976: Re-appointed assistant to the Attorney General
As from 19 December 1978: Appointed Deputy Chief Attorney General and appointed to the Advisory Board of the Attorney General's Department
As from 28 September 1992: Appointed Judge at the Administrative Supreme Court
As from July 1994: Appointed Judge at the Supreme Court of Justice
1991: Elected Judge at the European Court of Human Rights
1994: Re-elected Judge at the European Court of Human Rights
b. Non-judicial legal activities
5 December 1958-29 June 1962: Professor of Criminology and Crime Policy at the School of Criminal Science
1978-82: Responsible for Criminology seminars and for lectures on criminology and economic criminal law at the Judicial Studies Centre
Professor of Criminal Law, Lisbon International University
1971-76: Lawyer and legal consultant to several private businesses
1990: Member of the European Committee for the Prevention of Torture and inhuman or Degrading Punishment
1985: Director of the Legislative Support Unit, Ministry of Justice
VI. Other activities
Represented Portugal on the Council of Europe's European Committee on Crime Problems from 1977, until first elected Judge at the European Court of Human Rights
Member of the Council of Europe's Select Committee of Experts on Economic Crime 1977-81
Member of the Council of Europe's Select Committee of Experts on Violence in Present-day Society from 1977
Elected member of the Selection Committee for the Council of Europe's Criminological Research Fellowships from 1977
Member of the Portuguese delegation to the 12th Conference of European Ministers of Justice, Luxembourg, May 1980
Member of the Portuguese delegation to the preparatory meeting for the 13th Conference of European Ministers of Justice, Montreux (Switzerland), June 1981
Member of the Portuguese Criminal Code Review Committee 1981
Attended the Congress of the International Society of Social Defence Portugal's representative, Thessaloniki, September 1981
Attended the IIIrd Latin Social Defence Days, Aix-en-Provence, September 1982
Elected Chairman of the Council of Europe's Select Committee of Experts on Violence in Present-day Society, September 1982
Member of the Select Committee of Experts on the criminal liability of corporate bodies from 1983
Member of the Portuguese delegation to the 14th Conference of European Ministers of Justice, Athens (Greece), May 1982
Idem ─ preparatory conference of Council of Europe Ministers of Justice, Rome (Italy), May 1983
Idem ─ 15th Conference of Council of Europe Ministers of Justice, Madrid (Spain), May 1984
Member of the Portuguese delegation to the IXth International Criminological Conference, Vienna (Austria), September 1983
Member of the Committee of Experts on Extra-Territorial Jurisdiction Law, from September 1984
Member of the working party set up to revise the 1982 Portuguese Criminal Code
Member of the working party which drafted the legislative decree on business crime and endangerment of public health
Speaker at several seminars and colloquies organised by the Judicial Studies Centre, on business crime and the law of administrative offences, 1984
Appointed representative of Portugal at the 16th Conference on criminological research of the Council of Europe, in november 1984
Member of the Portuguese delegation to the Conference of European Ministers of Justice, Edinburgh, May 1985
Member of the Committee of Experts on the operation of European Conventions in the Penal Field, from July 1985
Attended the Council of Europe's 7th Criminological Colloquium, 1985
Portugal's representative to the 9th Session of the UN Committee for Crime Prevention and the Fight against Delinquency, Vienna, February 1986
Member of the Portuguese delegation to the 16th Conference of European Ministers of Justice, Oslo, 1986
Member of the Expert Committee on New technologies, Portuguese Ministry of Justice, 1986
Lectured on "Critical assessment of the application of the Portuguese Criminal Code" at the XXXVIIth International Criminology Course, Lisbon 1986
Attended (by invitation) International Penal and Penitential Foundation conference, Coimbra, September 1986
Chairman of the 1982 Portuguese Criminal Code Revision Committee (appointed by Ministry of Justice, August 1986)
Member of the Commission on new transplant and similar legislation (appointed by Ministry of Justice, March 1987)
Member of the Portuguese delegation to the informal conference of Council of Europe Ministers of Justice, Helsinki 1987
Attended the conference to commemorate the 100th anniversary of the Netherlands Criminal Code, at the personal invitation of the Netherlands Minister of Justice, Amsterdam 1987
Elected to the Bureau of the Council of Europe's Steering Committee on Crime Problems, 1988;
Member of the Portuguese delegation to the 17th Conference of European Ministers of Justice, Lisbon 1988
Attended (by invitation) the Xth Congress of the International Society of Criminology, Hamburg 1988
Member of the Expert Committee appointed to draft the new Portuguese Code of Criminal Procedure, in force since 1 January 1988
Appointed to co-ordinate legislative reforms in the Ministry of Justice, including revision of the 1982 Criminal Code, overhaul of the Criminology Institutes, new legislation on computer-related crime and assistance to victims of criminal offences, economic and social criminal law, and revision of financial legislation (appointed by the Minister of Justice, 19 August 1988)
Chairman of the Commission in charge of drafting legislation to combat unlawful practice of the legal professions (1988)
Lectured in several Portuguese towns on aspects of criminal procedure, in connection with the new Portuguese Code of Criminal Procedure (1988)
Attended (by invitation) the Council of Europe's 18th Criminological Research Conference, Strasbourg 1988
Attended (by invitation) the IVth Latin Days on Criminal Law and Social Defence, Coimbra 1989
Lectured at the course on legislative technique, organised by the National Institute of Administration, Oeiras 1989
Guest lecturer at the Congress on the Law of the Iberian World, San Salvador de Bahia, Brazil 1989
Lectured in several Portuguese towns on the law of new bio-medical technologies, 1989
Organised courses for social security officials on the law of administrative offences, Lisbon 1989
Drafting of legislation on the protection of personal data in relation to computerised processing (1989)
Drafting of legislation on State assistance to victims of crime (1989)
Drafting of legislation to revise the financial management system of the Ministry of Justice (1989)
Member of the Council of Europe Committee of Experts on the criminological and prison aspects of the control of transmissible diseases, particularly AIDS, including the treatment of drug-addicted or AIDS-infected prisoners (1989)
Attended, as an expert, the meeting of Ministers of Justice of member countries of the European Communities (San Sebastian, 1989)
Took part in negotiation of an Extradition Treaty and a Mutual Judicial Assistance Treaty between Portugal and Hungary (Budapest, 1989)
Attended the Council of Europe's IXth Criminological Colloquium on "Delays in the criminal justice system". Strasbourg, 1989
Member of the International Criminology Association
Lectured at the International University seminar on Justice and Penalties (15-17 April 1991), on "Criminal law in space and time" and "Evaluation of the application of penalties introduced by the 1992 Criminal Code. The revision of the General Part of the Code in 1991"
Lectured at the Criminal Law Conference in memory of Professor Eduardo Correia, on the general theme of "The system of penalties in Portugal and revision of the Criminal Code", Coimbra, 22-24 April 1991. Specific topic: "Imprisonment"
Attended (by invitation) the international colloquy "For a European system of criminal law", Coimbra University Law Faculty, 20-22 May 1991
Lectured at Fatima (Paul VI Centre Auditorium) on "Criminal and criminological questions raised by the spread of AIDS, including prison aspects" (20 September 1991) at the first National Conference on AIDS, ethics and Christian morals, organised by the Portuguese Association of Catholic Doctors
Lectured in Lisbon on "The law of administrative offences and environmental law" at the 3rd Environmental Law Course (Catholic University, 16 November 1991)
Lectured in Lisbon on "The new Computer Crime Act — Principles and solutions" (Bar, February 1992)
Chaired debate on "The Indonesian regime and human rights violations" at the Convention for East Timor (Lisbon, 14 March 1992)
Lectured at the Picoas Forum on "The laundering of capital of criminal origin" (Lisbon, 8 May 1992)
Lectured in Lisbon on "The criteria and rules of pluralism in social communication" at the International Colloquy on "Pluralism in Social Communication", organised by the High Authority for Social Communication (5 June 1992)
Lectured in Coimbra on "Delays in court proceedings — Portugal and the European Court of Human Rights" (14 June 1992);
Lectured in Lisbon on "The European Convention on Human Rights" (Lisbon University Law Faculty, 19 June 1992)
Appointed member of the Academic Board of the Spanish European Institute (Madrid, September 1992)
Lectured at the closing session of the seminar on Legal Systems in Europe organised by the Paris Court of Appeal, on "The European Convention on Human Rights as a factor for European judicial unification" (Paris, 14 November 1992)
Lectured in the course on Law, Information Technology and Freedoms organised by the Franco-Portuguese Institute, on "Technical and criminal aspects" (of computer crime) (Lisbon, 19 November 1992)
Lectured in Madrid at the Hispano-Portuguese seminar on reform of the Criminal Code, on "The General Part of the Portuguese Criminal Code" (Universidad Pontificia Comillas, 5 March 1993)
Took part in debate on "Genetic engineering" at the 2nd Medical Ethics Seminar, in the Aula Magna, Lisbon Faculty of Medicine (5 May 1993)
Lectured at the Conference on freedom of information and respect for the human person, organised by the Association of Catholic Jurists, on the aspect of the case-law of the European Court of Human Rights (Lisbon, 18 June 1993)
Lectured in Bucharest on Portuguese legislation governing international judicial co-operation in criminal matters (Legislative Decree No. 43/91 of 22 January 1991) at a seminar organised by the Council of Europe in collaboration with the Romanian Ministry of Justice under the Demodroit programme (20 October 1993)
Lectured on revision of the Criminal Code (General Part) at the Conference on reform of the Criminal Code, organised by the Academic Association of the International University (Lisbon, 3 November 1993)
Lectured on computer crime at the Computer and Telecommunications Law Conference, Lisbon, 10 November 1993)
Lectured on civil and criminal liability for medical acts, at the IXth General/Family Medicine Conference (Leiria, 12 November 1993)
Attended the International Congress of the International Movement of Catholic Jurists on Protection of life and bio-ethical problems in the light of the European Convention on Human Rights, giving a paper on prenatal diagnosis (Strasbourg, 19 November 1993)
Lectured on "The European Convention on Human Rights — monitoring bodies, doctrine and case-law" at the Judicial Studies Centre (National Judicial Service College), Lisbon, January 1994
Lectured on "Modern guidelines for reform of the Criminal Code" (Puerto de Santa Maria, Spain, April 1994)
Lectured on "Environmental law and Human Rights" (seminar on environmental law, Autonomous University of Lisbon, Caldas da Rainha, May 1994)
Attended (by invitation) the 1st Council of Europe Symposium on Bio-Ethics (Strasbourg, 1989)
Lectured at the colloquy on International Co-operation in Criminal Matters, organised by the Judicial Studies Centre (Lisbon, 1989)
Lectured at the colloquy on Ethics and Scientific Investigation, organised by the Association of Science and Technology for Development (Lisbon, 1989)
Lectured at the at the colloquy on new criminal procedure in Europe (Coimbra, 1989)
Lectured at the Theological Conference on Artificial Human Life (Braga, 1989)
Attended (by invitation) the International Meeting on Genetics and Human Life (Coimbra, 1989)
Attended, at the invitation of the State Secretary for Science and Technology, the meeting on Bio-Medicine, Psychology and Law with nine other experts, dealing with the criminal aspects of the use of human tissue, organs and embryos for transplants or for commercial or industrial purposes and the criminal aspects of hormone treatment for birth control purposes (Sesimbra, 1989)
Attended the XIVth Congress of the International Association of Penal Law, contributing to the proceedings of Section II: Criminal law and modern bio-medical techniques (Vienna, 1989)
Attended the Council of Europe's 19th Criminological Research Conference (Strasbourg, 1990)
Appointed Chairman of the Commission on the Introduction of the Penal System, Ministry of Justice (1990)
Member of the Portuguese delegation to the 18th Conference of European Ministers of Justice (Istanbul, 1990)
Lectured in Budapest under the Council of Europe's Demosthenes programme, on the European Convention on the Transfer of Criminal Proceedings (1990)
Lectured to the Bar on legislative initiatives concerning computer-related crime (Lisbon, 1990)
c. Non-legal professional activities
Member of the National Life Science Ethics Council, as from 30 November 1992.
IV. Activities and experience in the human rights field
Judge at the European Court of Human Rights (see III.a)
Lectured at Coimbra on "Delays in court proceedings — Portugal and the European Court of Human Rights" (14 June 1992)
Lectured in Lisbon on "The European Convention on Human Rights" (Lisbon University Law Faculty, 19 June 1992)
Attended the International Congress of the International Movement of Catholic Jurists on Protection of life and bio-ethical problems in the light of the European Convention on Human Rights, giving a paper on prenatal diagnosis (Strasbourg, 19 November 1993)
Lectured on "The European Convention on Human Rights ─ monitoring bodies, doctrine and case-law" at the Judicial Studies Centre (National Judicial Service College), Lisbon, January 1994
Gave a paper on "The European Convention on Human Rights as a factor for European judicial unification" at the "Legal Systems in Europe" conference (Paris Court of Appeal, November 1992)
Chaired a sitting of the colloquy on "Recent developments concerning a fair trial within the meaning of the European Convention on Human Rights" (Court of Cassation, Paris, 22 March 1996)
Took part, as Judge of the European Court of Human Rights, in the visit to the French Court of Cassation and Conseil d'Etat, when the following themes were debated: "The case-law of the European Court of Human Rights and the French administrative courts" and "The case-law of the European Court of Human Rights and the French judicial system" (19-20 October 1995)
V. Public activities
See III and IV above
VI. Other activities
Lawyer at the Lisbon Bar and member of the Board of Directors of the company owning the "Diario Popular" newspaper (February 1991-April 1976)
Member of the Editorial Board of Scientia Juridica and the Bar Journal
Permanent contributor to the Ministry of Justice Bulletin
Member of the Academic Board of Legislation ─ Legislative Science Papers, published by the National Institute of Administration (1991)
Member of the Editorial Board of the Portuguese Criminal Science Journal, since 1992
VII. Research and publications
Nombre total d'ouvrages et d'articles publiés: à cette date, 60
Les plus importants:
"Réflexions sur les lois de la presse", brochure du Bulletin du Ministère de la Justice
"Secret d'instruction, liberté d'information et protection de la vie privée", avis de l'Office du Procureur Général de la République, paru en brochure au Bulletin du Ministère de la Justice
"La responsabilité pénale des personnes morales ─ nouvelles perspectives", publié par le Centre d'Etudes Judiciaires (Lisbonne, 1985)
"L'élaboration des lois ─ fonctions du Ministère de la Justice", publié dans un ouvrage collectif, édité par l'Institut National d'Administration (Oeiras, 1986)
"Die Reform des Jugendstrafrechts in Portugal", publié dans le deuxième tome de la "Jugenstrafe und Jugendstrafvollzug", édité par le Max-Planck-Institut für Auslandisches und Internationales Strafrecht (Fribourg en Brisgau)
"Sur le modèle de la responsabilité en cascade dans les délits de presse", étude publiée dans un livre d'hommage au Professeur Eduardo Correia, de la Faculté de Droit de l'Université de Coimbra (1989)
"L'élaboration du texte législatif", publiée par le Bulletin du Ministère de la Justice (1989)
"Bioéthique et naissance ─ perspective juridico-pénale", publié par la Revue Portuguaise de Science Criminelle (1990)
"Droit de l'environnement et droits de l'homme", article publié dans la revue de l'Association portugaise du droit de l'environnement
"L'influence de la Convention Européenne des Droits de l'Homme sur la protection des droits et libertés en droit interne" (Etude destinée aux Mélanges Rolv Ryssdal)
"La motivation du jugement ─ la jurisprudence de la Cour Européenne des Droits de l'Homme", étude pour le Colloque en Hommage à la mémoire du juge João de Deus Pinheiro Farinha, Lisbonne 4 avril 1997 (Cour Suprême de Justice)
"La réforme du Code Pénal ─ Solutions de neo-criminalisation", avec un commentaire très détaillé sur le nouveau crime de "Torture" et citation de la jurisprudence de la Cour Européenne des Droits de l'Homme dans ce domaine (publié par la Centre d'Etudes Judiciaires, 1997)
VIII. Knowledge of languages
Mother tongue: Portuguese
Official languages:
Able to speak, read and write French (the language used in the European Court of Human Rights) without difficulty
Able to read and translate English without difficulty
Other languages:
Has a ready command of Spanish and Italian, which he uses frequently in his professional duties at the Supreme Court of Justice and for academic purposes
Able to translate German theoretical works and legislation for the purposes of his profession duties and academic activities
IX. Other relevant information
Is convinced that the experience acquired as a Judge at the European Court of Human Rights will prove important for the discharge of duties in the new Court set up under protocol 11 to the European Convention on Human Rights
Service reports
Good with distinction as member of Cartaxo Public Prosecutor's Department (when he had less than 5 years' service)
Very good in the Judges' competition (first place)
Good with distinction as judge at Monçao Court (when he had less than 5 years' service)
Good with distinction as judge at Alenquer (when he had less than 5 years' service)
Very good with merit ─ extraordinary classification for promotion to Judge (2nd Class)
Very good as assistant to the Attorney General
Antonio Pais de Sousa
I. Civil status
Sex: Male
Date and place of birth:13 February 1932, Coimbra, Portugal
Nationality: Portuguese
II. Education, diplomas and other qualifications
Bachelor of Law
III. Professional activities
a. Judicial duties
Counsellor at the Supreme Court of Justice of Portugal.
b. Non-judicial legal activities
Chairman of the Arbitration Board (Tribunal) of the Portuguese Professional Football League
Member of the Editorial Board of "Compendium of Case-Law"
IV. Activities and experience in the human rights field
Long-standing member of the First Commission of the International Union of Judges
V. Research and publications
"De l'Incapacité Juridique des Mineurs, Interdits et Inhabiles"
"Reflets en Procédure de l'Incapacité Juridique"
"Extinction du Louage Urbain" (2 éditions)
"De la Juste Indemnisation aux Expropriations pour Utilité Publique"
"Notes sur le Régime du Louage Urbain" (5 éditions)
VI. Knowledge of languages
Mother tongue: Portuguese
Official languages:
French (speaking and reading)
Other languages:
Spanish
ROMANIA
Letter of 20 October 1997 to the Secretary General
from the Permanent Representative of Romania
.....
With reference to your letters of 23 September and 6 October 1997 concerning the election of judges to the new European Court of Human Rights, I have pleasure in supplying the names of the candidates nominated by the Romanian authorities, so that their candidatures may be considered according to the informal procedure agreed by the Committee of Ministers on 28 May 1997. They are as follows:
1. Mr Corneliu Birsan, Dean of the Faculty of Law, University of Bucharest, member of the European Commission of Human Rights,
2. Mr Dinu Ianculescu, State Secretary in the Ministry of Justice,
3. Mr Marian Voicu, President of Constanta Court of Appeal and judge at the European Court of Human Rights.
Please find enclosed the curricula vitae of these three candidates.
............
(signed)
Sabin Pop
Mr Daniel Tarschys
Secretary General
Council of Europe
Strasbourg
Corneliu Birsan
I. Civil status
Sex: male
Date and place of birth: 16 December 1943, Munteni di Jos, Vaslui, Romania
Nationality: Romanian
II. Education, diplomas and other qualifications
A. In Romania
1961: Baccalaureate
1961-66: Faculty of Law, University of Bucharest, First Degree in Law 1966
1977: Doctorate of Law, Faculty of Law, University of Bucharest - Thesis on "The legal effects of bona fides in Romanian civil law"
B. Abroad
International Comparative Law Faculty
Stage I ─ Strasbourg, spring 1971
Stage II ─ Strasbourg, spring 1972
Stage III ─ Santiago de Compostela (Spain) 1974
Diploma of Advanced Studies in Comparative Law
European University Centre, Nancy
Legal Department, Private Law Section, academic year 1974-75
C. Honorary distinctions
1977: Member of the French Comparative Law Society
1991: Honorary diploma for scholarship from the Centre for International Legal Studies, Salzburg (Austria)
1994: Honorary law doctorate from the New England School of Law, Boston (USA)
III. Professional career
a. Judicial duties
Since 1977: Judge, Court of International Commercial Arbitration, Romanian Chamber of Commerce and Industry
Since 1991: Judge, Board of Arbitration, Romanian Union of Craft Co-operatives
Since 1990: Lawyer at the Bucharest Bar
Since 22 March 1995: Romanian member of the European Commission of Human Rights
b. Non-judicial legal duties
On 22 January 1967, after military service, appointed trainee assistant to the Chair of Private Law, Faculty of Law, University of Bucharest. Entire subsequent career under the same Chair, as follows:
1967-70: junior lecturer
1970-76: assistant lecturer, by competition
1976-90: lecturer, by competition
1990-92: senior lecturer, by competition
Since 15 March 1992: professor, by competition
As assistant, taught seminars in Civil Law, Family Law, Private International Law, International Commercial Law
As professor, specialises in: Civil Law, International Commercial Law, Community Law. In 1990, gave first courses of lectures in Community Law for 4th year undergraduates at the Bucharest Faculty of Law and in International Human Rights Protection for postgraduate students of Humanitarian Law
c. Non-judicial professional duties
20 January 1990: elected Dean of the Faculty of Law of Bucharest University, re-elected in 1992 and 1996
Since 25 June 1993, Director of the N Titulescu-H Capitant Franco-Romanian Institute of Business Law and International Co-operation and of the Franco-Romanian Law College of Bucharest University Law Faculty
IV. Activity and experience in the human rights field
Activities first related to the teaching of human rights, as follows:
1991, 1992, 1993 and 1994: organised a seminar for students and practising lawyers on international human rights protection, in collaboration with the René Cassin International Institute of Human Rights in Strasbourg and with assistance from the Council of Europe
Member of the teaching staff of the Institute of Advanced International Studies, Robert Schuman University (Strasbourg III), giving lectures and seminars on the reception and implementation of international human rights conventions in Romania
As visiting lecturer at Pantheon-Sorbonne University (Paris I) gave lectures on international human rights protection in 1994 and 1996 for the Diploma of Advanced Studies in Comparative Constitutional Law
1991, 1992, 1993, 1994 and 1995: was a member of the jury for the semi-finals of the René Cassin Human Rights Competition organised by the Juris Ludi Association, Robert Schuman University (Strasbourg III) and the Council of Europe
Since 22 March 1995: fullest experience of human rights protection acquired as member of the European Commission of Human Rights
V. Participation in international scholarly gatherings
IIIrd Congress of the International Faculty for the Teaching of Comparative Law, Amsterdam 1973: gave a paper on "Housing law in Romania".
VIth Franco-Romanian Law Days: gave a joint paper on the Law governing State entities in Romania.
Collaborated on national report on "Ownership transfer inter vivos in Romanian Civil Law", Comparative Law Congress, Budapest, 1978.
VIIIth Franco-Romanian Law Day, Rennes, 1983: jointly presented the Romanian national report on "International commercial arbitration in Romania", published in the supplement to the International Comparative Law Review, 1983.
IInd Congress of the International Institute of French-Language Law, May 1990, Libreville (Gabon).
International History of Law Day, Strasbourg, May 1992: presented the national report on "Adoption trends in Romanian law"; also appointed general rapporteur for the Free union-Adoption Section. Both reports published in "Family law in Europe from Antiquity to the present day", Strasbourg University Press 1992.
Seminar on environmental law, November 1991, organised by the European Conference of Vice-Chancellors, UNESCO and the Council of Europe, Angers (France)
Conference on environmental law, organised by the Council of Europe, Milan. 1992: gave a paper on "Liability for ecological damage in Romania".
25th anniversary of the International Institute of Public Administration: gave a paper on "The process of transition towards a democratic society in Romania", Paris, November 1992
Conference of Deans of Law Faculties of French-speaking Countries, Louvain-la-Neuve (Belgium), 1992
International conference on change in east European countries, Boston (USA), October 1993
International conference on "Federation, subsidiarity and democracy", organised by the Commission of the European Union and ECSA Europe, Brussels, May 1994
Visit to Luxembourg at the invitation of the Luxembourg Association for Democracy in Romania and the Luxembourg University Centre: gave a lecture on "Economic and legal reforms in Romania", May 1994.
VI. Other activities
1982-86: member of the Legal Advisory Board, Romanian Ministry of Foreign Trade
1975-85: member of the Drafting Committee for the new Civil Code and Family Code, Ministry of Justice
Since 1990: member of the Permanent Court of Arbitration, The Hague, appointed by the Romanian Minister for Foreign Affairs
Since 1993: member of the Academic Board of the Romanian Institute of International Studies, appointed by the Minister for Foreign Affairs and the President of the Romanian Academy
Since 1993: member of the National Council for Educational Reform, appointed by the Minister of Education
Since 1994: member of the National Academic Assessment Board, elected by the Romanian Parliament (jointly by both Houses)
1994: elected President of the Romanian Association of Community Studies, affiliated to ECSA Europe, Brussels.
VII. Research and publications
A ce jour, j'ai publié 21 ouvrages (cours universitaires, monographies, traités) seul ou en collaboration; plus de 60 articles, études, commentaires de pratique judiciaire, communications scientifiques en Roumanie et à l'étranger, parmi lesquels je cite les plus importants:
A. Cours universitaires, monographies, traités:
Drept civil. Teoria generala a drepturilor reale (Droit civil. Théorie générale de droits réels), en collaboration, T.U.B., Burcarest, 1980.
Subiectele colective de drept in Romania (Les sujets collectifs de droit en Roumanie), en collaboration, Editura Academiei, Bucarest, 1981.
Tratat de drept civil. Teoria generala a obligatiilor (Traité de droit civil. Théorie générale des obligations), en collaboration, Editura Academiei, Bucarest, 1981, réédité en 1991, 1992, 1993, 1994, 1995.
Regimul juridic al bunurilor imobile (Le régime juridique des biens immeubles), Editura Stiintifica si Enciclopedica, Bucuresti, 1983.
Rechts beim Reisen, (en allemand), en collaboration, Verlag Die Wirtshaft, Berlin, 1974.
Conctractul in contrapartida. Probleme juridice (Le contrat en contrepartie. Problèmes juridiques), en collaboration, I.E.M., Bucarest, 1984.
Clauza penala in contractele comerciale internationale (La clause pénale dans les contrats commerciaux internationaux), en collaboration, I.E.M., Bucarest, 1985.
Legal Aspects of Doing Business in Eastern Europe — Romania (en anglais), Kluwer Law and Taxation Publishers, West Publishing Co., St. Paul, Minn., USA, 1986, revue en 1990
Exportul in contrapartida. Probleme economice si juridice (L'export en contrepartie, Problèmes économiques et juridiques), en collaboration, Editura Academiei, Bucarest, 1987
Drept civil. Drepturile reale (Droit civil. Droits réels), en collaboration, Iasi, 1997
Dreptul comertului international (Droit du commerce international), en collaboration, vol. I, 1988, vol. II, 1990
Societatile comerciale (Les sociétés commerciales), Bucarest, 1992
B.
Over 60 studies, articles, case-law commentaries, papers, etc on questions of civil law, international commercial law, family law, Community law, published mainly in Romanian, but also French and German legal journals.
VIII. Knowledge of languages
Mother tongue: Romanian
Official languages:
English: reading
French: reading, speaking, writing
Other languages:
Italian: reading
Russian: reading
Dinu Ianculescu
I. Civil status
Sex: male
Date of birth: 12 January 1932
Place of birth: Carcea, Dolj, Romania
Nationality: Romanian
II. Education, diplomas and other qualifications
1952-57: Undergraduate studies and first degree in law, Faculty of Law, Bucharest University
1991-: member of the Permanent Court of Arbitration, The Hague(reappointed 1997)
1991-: Arbitrator, member of the Arbitrators' Panel of the American Arbitration Association (AAA), New York
1987-: Arbitrator, member of the arbitrators' panel of the Court of Arbitration of the Paris International Chamber of Commerce
1980-: Arbitrator, Court of International Arbitration, Romanian Chamber of Commerce and Industry
1995-: member of the Interministerial Committee on Romania's relations with the European Union
1991-92: senior lecturer in international mutual judicial assistance, Romanian National Judicial Service Institute
1982-91: senior lecturer and director of summer post-graduate programmes in international maritime and waterway law (Constanta and Galati)
1995: member of the Romanian Committee for the UN International Co-operation Decade and of the Romanian Committee for the 50th anniversary of the UN
III. Professional career
a. Judicial duties
1957-59: trainee judge, Bailesti District Court of First Instance, Oltenia
1960-65: judge, Racari District Court of First Instance, Bucharest
Duties: private law cases (civil and commercial)
b. Non-judicial legal activities
1965-70: counsellor, Ministry of Justice, Court Monitoring Service
1971-89: counsellor, Ministry of Justice, International Law Service, Directorate of Legislation and Research
1990-96: Director of International Legal relations and European Integration, Ministry of Justice
Duties: legislative work, including:
Critical appraisal of the 1991 draft Constitution
Participation in the drafting of over a hundred laws, including: Law No. 20/1990 on the Crime of Torture, No. 29/1990 on Administrative Disputes, No. 32/1990, No. 104/1992 and No. 147/1996 amending and supplementing several provisions of the Criminal Code and the Code of Criminal Procedure judicial monitoring of pre-trial custody; immediate access to the services of a lawyer; rights of the defence; limitation of the jurisdiction of military courts); N° 105/1992 on relations of private international law, etc.
Several contributions to the reform of Romanian legislation and administrative structures to increase their flexibility and ensure their compatibility with the requirements of the rule of law and the protection of human rights
Contribution to the conclusion of international conventions, including:
Drafting of the version currently in use for international agreements on bilateral international mutual judicial assistance in civil and criminal matters, including extradition, transfer of prisoners, transfer of criminal proceedings
Drafting of legal documentation and the Romanian position for accession to and ratification of several multilateral international conventions (eg UN Convention against Torture, UN Convention on the Rights of the Child, European Conventions on Extradition, Transfer of Convicted Persons, to combat Terrorism, etc.)
Representation of Romania in negotiations to conclude several bilateral conventions on mutual legal and judicial assistance
Representation of the Romanian Government or the Ministry of Justice at numerous international meetings (Council of Europe, UN, OSCE, The Hague Conference on Private International Law, etc.)
Drafting of numerous studies in answer to inquiries from foreign authorities about the content of Romanian laws and regulations
Arbitration in international commercial law (see II above)
IV. Activities and experience in the human rights field
1997-: member of the Romanian Committee on Migration
1990-96: Chairman of the Human Rights Commission, Ministry of Justice
1993: preparation of the formalities for Romania's accession to the Council of Europe Statute
1993-94: preparation of the formalities for Romania's ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms
Organisation of several seminars in Romania on the European Human Rights Convention, in co-operation with the Council of Europe and several international NGOs, for Romanian judges, barristers and notaries
Represented the Romanian Ministry of Justice at several relevant international meetings
Ongoing work in the field of legislative harmonisation
V. Public activities
1997: State Secretary in the Romanian Ministry of Justice
Attendance at Cabinet meetings
Duties: Co-ordination between various directorates and departments of the Ministry of Justice (Judicial Affairs and Pardons, International Relations and European Integration, Government Agent to the Council of Europe, Research and Legislation, Nationality)
VI. Other activities
Author (several literary publications, essays, poetry, aphorisms)
Titu Maiorescu literary prize (1996)
VII. Research and publications
La détermination du contenu de la loi étrangère dans les litiges de droit international privé (Revue Roumaine de Droit - RRD, No. 6/1979); (Revue Roumaine des Sciences Juridiques - RRSJ, No. 2/1979).
Le respect de la compétence, condition de régularité internationale du jugement étranger (RRD No. 10/1980).
La solution des questions de compétence internationale en instance d'exequatur (RRSJ - No. 2/1980).
Les commissions rogatoires internationales en matière civile et commerciale (RRD No. 6-7/1982).
Examen théorique de pratique judiciaire concernant les rapports juridiques en droit international entre les parents et les enfants (Revue d'Etudes et de Recherches Juridiques No. 4/1984).
Le caractère international du litige arbitral en droit privé selon la Convention pour la reconnaissance et l'exécution des sentences arbitrales étrangères, faite à New York en 1958 (juin 1985)
La reconnaissance directe et indirecte du jugement pénal étranger, selon la pratique judiciaire roumaine actuelle (1987)
La responsabilité civile délictuelle pour le préjudice moral apperçu critique sur la pratique judiciaire des derniers 35 ans (1988)
Droit judiciaire international (entraide juridique et judiciaire internationale) - cours universitaire, 1991-92
Neminem laedere: les droits d'autrui (1992)
Les droits de l'homme dans la législation roumaine actuelle et la Convention européenne des droits de l'homme (étude de droit comparé - 1992, 1993, 1994)
VIII. Knowledge of languages
Mother tongue: Romanian
Other languages:
French: speaking, reading, writing
English: reading (passive knowledge)
IX. Other relevant information
Five family members victims of persecution for anti-communist political beliefs:
— one paternal uncle, sentenced to 25 years' forced labour in 1950
— one maternal uncle, sentenced to 6 years' exile in 1949
— two student cousins executed without trial by secret police firing squad in 1950
— father-in-law sentenced to 8 years' imprisonment in 1960
Marin Voicu
I. Personal particulars
Sex: male
Date of birth: 17 August 1944
Place of birth: Lipnita, Constanta, Romania
Position: President of Constanta Court of Appeal
Civil status: married (Dumitra Voicu, teacher), one child (Daiana Voicu, architect)
II. School and university education
Primary-secondary school 1951-58
Upper secondary school 1958-62
University: Faculty of Law, University of Bucharest 1962-67
Postgraduate: special diploma in civil law 1975, special diploma in maritime law 1982
Doctorate: thesis in preparation at Bucharest University on "the right of retention" (civil law)
III. Judicial career
1962-95: Judge
a.
1967-69: trainee judge, Constanta Court of First Instance
1969-85: judge, Constanta Court of First Instance
1973-75: vice-president, idem
1975-85: president, idem
b.
1985-83: judge, Constanta Court
1985-90: Vice-president
1990-93: President
c.
Irremovable judge, Constanta Court of Appeal, appointed by Decree of the President of Romania on 1 July 1993 and President of the Court of Appeal appointed by the Judicial Service Commission.
N.B. Duties in all courts covered the main branches of the law: criminal, civil, commercial, maritime/fluvial, family, administrative.
IV. Other activities and posts
1991: President of the Romanian United Nations Association, Constanta Branch
1990: Secretary, Constanta Maritime Law Society
1993-94: Member of the Judicial Service Commission, re-elected by Parliament to the present Commission for a four-year term
Lecturer in commercial law and environmental law, Ovidius State University, Constanta
Judge, European Court of Human Rights, Strasbourg, elected by the Parliamentary Assembly on 26.09.96 and in office since 24 January 1997.
Since 1993: Member of the Judicial Service Commission; term expires in November 1998.
Lecturer, Free University of Chisinau, Republic of Moldova
V. Ouvrages, études et articles de spécialité
a. Ouvrages publiés
Introduction à la sociologie de la déviance — Editions scientifique et encyclopédiques, Bucarest 1985
Co-auteurs: Dr. Dan Banciu et Dr. Sorin Radulescu
Les adolescents et la famille, Editions scientifiques et encyclopédiques, Bucarest 1987, mêmes co-auteurs
Eléments de droit public et privé, Université "Ovidius", Constanta 1991. Abrégé
Jurisprudence de la Cour d'Appel de Constanta 1993-1994, Editions Dobrogea, 1995
Droit civil, Université "Ovidius", Constanta, 1991 (syllabus)
Droit commercial roumain, Université "Ovidius", Constanta, 1992 (syllabus)
b. Etudes et articles
La récidive, Revue roumaine de droit, No. 10/1969, cité dans le Traité de droit pénal, 1976.
La Convention du droit de la mer, Revue de navigation civile, No. 1,2,3/1983
Les règles incoterms, Revue de navigation civile, No. 3,4,5/1984
La gestion judiciaire et l'indépendance du juge, Bulletin scientifique du Ministère de la Justice et du Parquet Général, 1978, 1979
Problèmes sociologiques de la délinquance juvénile, Cahiers du Centre de Recherches Sociologiques Bucarest, 1983, 1984
La justice roumaine. Tradition et actualité. Annales de Dobroges, No. 1/1995
Le droit à la rétention. La nature juridique. Bulletin scientifique du Parquet de la Cour d'Appel, Bucarest, 1995
Le contrôle de l'activité professionnelle du juge, Bulletin scientifique du Parquet de la Cour d'Appel, Bucarest, 1995
Le contrat de consignation, Bulletin de la Chambre de Commerce, Industrie et Navigation de Constanta, 1993
Le contrôle d'activité professionnelle du juge, Revue "Le Droit" 1/1996
L'accès libre en justice. Revue "Le Droit" 1/1996
VI. Scholarly gatherings
In Romania
The role and independence of judges. Council of Europe colloquy, Constanta, September 1993. Organised jointly with the Ministry of Justice
Lawyers' ethics. Council of Europe colloquy, Constanta, September 1994. Organised jointly with the Romanian Judges' Association
The role and importance of an independent judiciary. Hans Seidel Foundation colloquy, Constanta 1994. Organised jointly with the Ministry of Justice
Organisation of the courts and judges' status in the United States and Romania
Paper for the Ministry of Justice seminar with the United States Information Agency, Brasov, August 1991. Attended by eight US Federal judges and 60 Romanian judges
Judges and human rights. Colloquy of the UN Centre for Human Rights and the Supreme Court of Justice. Bucharest September 1991
The Appeal Courts of the United States and Romania. Talk given at the meeting organised by the USIA and the Ministry of Justice, Constanta, September 1995
Human rights in the administration of justice. Meeting organised by the Romanian Human Rights Institute and the UN Centre for Human Rights, Bucharest 1992
Judges and international law. Colloquy organised by the Council of Europe and the Ministry of Justice, Bucharest November 1995
Monitoring of the prosecution. Colloquy organised by the prosecution Service, Vatra Dornei, October 1995
Franco-Romanian constitutional seminar. Bilateral seminar, Constanta, June 1996
Abroad and at international organisations
Human rights protection and domestic legal systems. Course organised by the International Court of Justice, The Hague, January-February 1993
Human rights and the courts. Council of Europe information course, Strasbourg 1994
Human rights and the execution of prison sentences. Course organised by the Federal Department of Justice, Switzerland, November 1994
Commercial courts. Seminar organised by the Council of Europe, Strasbourg, December 1995
Knowledge of languages
Mother tongue: Romanian
Official language:
French: reading, speaking, writing