Election of a judge to the European Court of Human Rights with respect to Luxembourg

Parliamentary Assembly
Assembl�e parlementaire

Election of a judge to the European Court of Human Rights with respect to Luxembourg
(in accordance with Article 23, paragraph 1, of the European Convention on Human Rights)

Doc. 10187
26 May 2004

Communication from the Committee of Ministers

Letter from the Secretary General of the Council of Europe to the President of the Parliamentary Assembly, dated 19 May 2004

Dear President,

Pursuant to the decisions of the Ministers’ Deputies of which I enclose a copy, I have the honour to transmit to you the list of candidates for the post of Judge of the European Court of Human Rights in respect of Luxembourg.

...

Signed:

Walter SCHWIMMER

Decisions of Ministers' Deputies

884th meeting – 19 May 2004

Item 4.2

European Court of Human Rights -
Nomination of candidates for the election of a judge in respect of Luxembourg
(CM(2004)84, GR-H(2004)CB9)

Decisions

The Deputies

1.         took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of Luxembourg;

2.         agreed to transmit the said list of candidates to the President of the Parliamentary Assembly.

TRANSLATION

PERMANENT DELEGATION
OF THE GRAND-DUCHY OF
LUXEMBOURG TO THE
COUNCIL OF EUROPE

Strasbourg, 26 April 2004

Subject: Luxembourg judge at the European Court of Human Rights

Dear Mr Imbert,

With reference to your letter of 16 January, please find enclosed the three applications for the post of judge at the European Court of Human Rights, previously held by Mr Marc Fischbach.

The three candidates are, in alphabetical order:

- Mr Marc Mathekowitsch

- Mr Dean Spielmann

- Ms Christiane Diederich-Tournay

Yours faithfully,

Signed: Ronald Mayer

Ambassador

Mr Pierre-Henri Imbert

Director-General of Human Rights

Council of Europe

Strasbourg

CURRICULUM VITAE

I.          Personal details

MATHEKOWITSCH MARC

Male

Born 26 June 1954 in Luxembourg-Ville

Luxembourg nationality

Married, with two children

Private address:            …

                                   Tel: …

                                   Fax:…

Work address:              Ministry of Justice

                                   L - 2934 Luxembourg

                                   Tel: ..

                                   Fax: …
                                   E-mail: …

II.         Education and academic and other qualifications

1966-1973:                    Secondary education at the Ath�n�e Grand-Ducal, Luxembourg (Latin - modern languages section);

1973-1974:                    Cours sup�rieurs (law and economics)

1974-1977:                    Master’s degree in law (business law) at the University of Paris I - Panth�on) Sorbonne;

1977-1978:                    Additional studies in Luxembourg law;

1980:                            Final entrance examination for senior administrative positions in government departments and public institutions;

1981:                            Examination on completion of judicial training at the Luxembourg bar; this examination also enables candidates to apply for a post in the Luxembourg judiciary.

III.        Relevant professional activities

a) Judicial activities

member of the commission for the review of criminal proceedings (1994-2000);

Government representative to the Committee for Contentious Proceedings of the State Council (1985-1996);

following the abolition of the Committee for Contentious Proceedings, Government representative to the Administrative Court and Tribunal (since 1 January 1997);

assesseur-employeur on the Supreme Council for Social Insurance (since 2003) = court of appeal for social Security disputes;

since 2004, Government representative for disciplinary cases involving Luxembourg civil servants.

b) Non-judicial legal activities

1)
1978-1981:        trainee lawyer;

May 1978:        employ�-attach� at the Ministry of Justice;

June 1979:        attach� d’administration at the Ministry of Justice;

April 1980:        attach� de Gouvernement at the Ministry of Justice

April 1981:        attach� de Gouvernement 1er en rang at the Ministry of Justice

May 1986:        conseiller de direction adjoint at the Ministry of Justice

May 1987:        conseiller de direction at the Ministry of Justice

June 1987:        conseiller de Gouvernement at the Ministry of Justice;

May 1990:        conseiller de Gouvernement 1�re classe at the Ministry of Justice;

April 1995:        premier conseiller de Gouvernement (principal Government adviser) at the Ministry of Justice;

as a senior official in the Ministry of Justice, close adviser to the Minister of Justice and author of many draft bills in various areas of law;

2)

since May 1978:           member of the legislative studies committee at the Ministry of Justice;

since 1978:       member of the Luxembourg delegation to many committees of the European Union, theCouncil of Europe, the Hague Conference on Private International Law, the Commission on Civil Status and Benelux;

since 1980:       member of the Luxembourg delegation to the Council of Europe’s Committee on Legal Co-operation (CDCJ) and, since 1985, head of delegation;

since 1990:       member of the Luxembourg delegation to the Council of Europe’s Steering Committee for Human Rights (CDDH) and, since 1990, head of delegation;

since 1992:       secretary to the committee responsible for supervising the training of attach�s de justice;

1993-1996:        member of the Bureau of the Council of Europe’s Committee on Legal Co-operation (CDCJ);

since 1993:       member of the examination board for careers in the prison administration

since 1994:       member of the Luxembourg delegation to the Council of Europe’s European Committee on Crime Problems (CDPC) and, since 1994, head of delegation;

since March 1994:         secretary of the Luxembourg section of the International Commission on Civil Status and,

since March 1997,         Chair of the Luxembourg section;

in 1997:                        Chair of Steering Group III “Judicial Co-operation” of the European Union (3rd pillar) during the Luxembourg presidency of the European Union;

since 1999:       member of the panel for the examination on completion of judicial training

c) Non-legal professional activities

as a civil servant working since 1978 at the Ministry of Justice and since 1987 at the highest levels of Luxembourg public administration, I have substantial experience of administering and running public services.

IV.        Activities and experience in the field of human rights

since 1990, member of the Luxembourg delegation to the Council of Europe’s Steering Committee for Human Rights (CDDH) and, since 1990, head of delegation (see above);

involved in defending the interests of the Luxembourg Government in several cases before the European Court and Commission of Human Rights;

since 1993, member of the governing board of the Luxembourg Institute of Human Rights;

author, at the Ministry of Justice, of several draft laws approving various protocols to the European Convention on Human Rights.

V.         Public activities

a.         Public office

See above: III.b.1.

b.         Elected posts

from 1987 to 2002, member of the municipal council of Kehlen (Grand-Duchy of Luxembourg), a municipality with a population of 5,000;

from 1987 to 1993, Chair of the cultural affairs committee of the municipality of Kehlen;

from 1996 to 2002, Chair of the education committee of the municipality of Kehlen.

c.         Posts held in a political party or movement

since 1985, member of the Luxembourg Socialist Workers Party (POSL); elected to the municipal council of Kehlen three times on the POSL list (see above);

since 1987, POSL Kehlen section committee member.

VI.        Other activities

from 1985 to 2004, member of the governing board of the Luxembourg Foundation for Family Planning and Sex Education;

activities within voluntary associations (cultural and sports) in my municipality, as either an ordinary member or a committee member; eg, member of the Kehlen local section committee of Coin de Terre et du Foyer since 1987 and member of Le Guidon Bertrange cycling club committee since 2004;

Red Cross collector.

VII.       Publications and other works

as a senior official of the Ministry of Justice, author and co-author of many draft laws in the fields of civil, criminal, administrative and private international law;

responsible for updating the Luxembourg civil, commercial and criminal codes and codes of civil and criminal procedure;

responsible for producing and publishing a compilation of Luxembourg legislation in the civil, commercial and criminal law fields (7 volumes);

author of various articles on legal theory, concerning in particular judicial assistance in international criminal matters.

VIII.      Languages

Languages

Reading

Writing

Speaking

VG

G

F

VG

G

F

VG

G

F

a. First language:

Luxembourgish

X

X

X

b. Official languages:

- English

X

X

X

- French

X

X

X

c. Other languages:

- German

X

X

X

for information,

studied Latin

(7 years)

IX.        Other relevant information

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

If I am elected as a judge at the Court, I will take up permanent residence in Strasbourg.

CURRICULUM VITAE

TRANSLATION

I.          Personal details

Dean SPIELMANN

Male

Born on 26 October 1962, Luxembourg

Nationality: Luxemburg

II.         Education and academic and other qualifications

Bachelor’s degree in law, Catholic University of Louvain

Master of Laws in international law, CambridgeUniversity (1990)

Foreign and Commonwealth Office (FCO) fellowship-holder

Member of FitzwilliamCollege

University thesis on The Potential Applicability between Mon-State Persons of the Provisions of the European Convention on Human Rights, L.L.M. Thesis, Cambridge, 1990, 130 pages approx. (unpublished)

Studies in the InternationalLawAcademy at The Hague (1989, 1991 and 1999) under the UN/UNITAR programme for advanced training in international law

Traineeship with the Council of Europe (1989)

Final examination of articles for entry to the Luxembourg Bar (1992)

Candidates for judicial office must have passed this examination

III.        Relevant professional activities

a. Description of legal activities

Lawyer (member of the Luxembourg Bar since 1989)

Barrister (since 1992)

Partner in the legal firm Dupong & Spielmann

Member of the Luxembourg Bar Council (1996-1998)

Member and secretary of the Disciplinary and Administrative Council of the Legal Profession (1999-2001)

Served in this capacity on several boards handing down disciplinary rulings

b. Description of non judicial legal activities

b.1 Bar activities

Member of the in-service training board of the Luxembourg Bar Association (2002)

Member of the human rights committee of the CCBE (Council of the Bars and Law Societies of the European Union)

As such, involved in conceptual work concerning the reform of the European Court of Human Rights

Member of the CCBE criminal law committee (since 2003)

b.2. Advisory and expert committees

Member of the European Union Network of Independent Experts in Fundamental Rights (CFR-CDF) since 2002)

http://europa.eu.int/comm/justice home/cfr cdf/index fr.htm

Member of the Advisory Commission on Human Rights – Luxembourg (since 2000)

Member of the Criminal Law Review Commission (former Legislative Studies Commission)- Ministry of Justice (since 1994)

As from 1993, appointed by Luxembourg to act as umpire in connection with the specimen contract being prepared by the Council of Europe Consultative Committee under Article 18 of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Member of Luxembourg’s research unit on conflict resolution (CRRC) (1999-2003)

b.3. Teaching activities

b.3.1 Principal teaching activities

- CatholicUniversity of Louvain (1991-97)

- Assistant lecturer and research assistant (FNRS) in the Department of Criminology and Criminal Law – Law Faculty, Catholic University of Louvain (1991-97), working with Professors Jacques Verhaegen and Christiane Hennau-Hublet

In this environment, besides research work and publications, supervised undergraduates’ work in the general criminal law field; in conjunction with Professors Christiane Hennau, Jacques Verhaegen and Jean du Jardin, now State Counsel General with the Belgian Court of Cassation, supervised the seminar for the third degree course (1996-97) on the theme of “Criminal law and human rights”.

- University of Luxembourg

Lecturer without tenure at the University of Luxembourg:

- Lectureship for the course in general criminal law (first year, Belgian degree section) (since 1996)

- Joint lectureship for the course in criminal law and criminal procedure second year, French degree section, intermediate diploma (DEUG) (since 2000)

- Lectureship for the course on business-related criminal law (fourth year, French degree section, postgraduate qualification (Ma�trise) – University of Luxembourg (since 2003)

- University of Nancy 2

Lecturer at the University of Nancy 2:

- Course in procedure of the European Court of Human Rights (advanced specialist studies diploma (DESS) in contentious procedure) (since 1997)

-“Institut Universitaire international”, Luxembourg

Lecturer at the above institute:

- Course in Community law before the European Court of Human Rights (since 1999)

b.3.2 Other teaching activities

- Ministry of Justice, Luxembourg (1994-2001)

Instructor (private international law) – Ministry of Justice, Luxembourg (1994-2001)

University of Padua (Venice) (1998)

Guest lecturer – European Master’s Degree in Human Rights and Democratisation, University of Padua (1998): course on Article 5 of the European Convention on Human Rights

- University of London, UniversityCollegeLondon

Invited by Professor Basil Markesinis of UniversityCollegeLondon to contribute as Visiting Professor during the 2004-2005 academic year to a research project on fundamental rights

b.4 Other scientific activities

b.4.1. Membership of the following learned societies and associations

Certified member of the Institut Grand-Ducal (since 2002)

Former member of the Bureau of the Human Rights Centre of the Catholic University of Louvain, during the directorship of Professor Silvio Marcus Helmons

National correspondent of the Centre for Research and Studies in on Human Rights and Humanitarian law (CREDHO) – director Professor Paul Tavernier – University of Rouen and Paris South)

Member of the Luxembourg National Committee of the Henri Capitant Association “Friends of French Legal Culture”

Founding member and current member of the committee of the European Criminal Bar Association, London

Member of the Common Core of European Private Law (Trento Group) : Change of Circumstances (directed by E Hondius and HC Grigoleit)

Member of the French International Law Society (SFDI)

Member of the International Association of Penal Law (IAPL)

Member of the Belgium-Luxembourg Criminal Law League (UBLDP)

b.4.2. Participation in colloquies and conferences

Numerous conference presentations and contributions to colloquies (Universities of Rouen, Montpellier, Louvain, etc., Council of Europe, Henri Capitant Association, European Criminal Bar Association).

Gave talks on human rights as part of the programme organised by the Law Society of England and Wales and the Arab Lawyers’ Union, “Lawyers for the Future” in Beirut (May 1998), Amman (October 1998) and Cairo (November 1998). Presentation on “The European Experience and Fair Trial”.

Participated in the Mondorf-les-Bains Colloquy organised by the Luxembourg Chair of the Committee of Ministers of the Council of Europe (30 September and 1 October 2002) on “Media in a democratic society: striking a balance between freedom of expression and protection of human rights”; contribution on the subject of “Presumption of innocence and freedom of information ; are these competing rights?”

General rapporteur on “Minorities in business law”, session of the Henri Capitant Association in Mexico (2002).

Rapporteur for Luxembourg on “Property guarantees”, session of the Henri Capitant Association in Vietnam (2003)

b.4.3 Publishing activity

Co-director of publication o the legal compendium Annales du droit luxembourgeois (Brussels, Bruylant) (since 1990)

Member of the editorial board of the Bulletin des droits de l’homme (Luxembourg) (since 1993)

Member of the editorial board of the Revue trimestrielle des droits de l’homme (Brussels, Nemesis-Bruylant) (since 1996)

Member of the editorial board of the Revue de droit p�nal et de criminologie (Brussels, La Charte) (since 2002)

Member of the editorial board of the journal Droit des affaires – Het Ondernemingsrecht (DA/OR) (Brussels, Larcier) (since 2003)

Member of the advisory committee of the European Review of Private Law (Brussels, La Charte (since 2002)

c. Description of non-legal professional activities

No professional activity outside the legal field.

IV.        Activities and experience in the field of human rights

As counsel, represented applicants before the Council of Europe human rights protection organs (European Commission and Court of Human Rights). Pleaded as the applicant’s lawyer in the cases resulting in the following judgments of the European Court of Human Rights:

- Judgment of 5 February 2002, Matthies-Lentzen, application no. 45165/99, friendly settlement;

- Judgment of 18 February 2003, Schaal, application no. 51773/99, violation of Articles 6 and 8;

- Judgment of 25 February 2003, Roemen and Schmidt, application no. 51772/99, violation of Articles 8 and 10.

Numerous consultations on human rights given in the capacity of lawyer on behalf of the Luxembourg Bar Council, the Ministry of Education, the Chamber of Notaries and the ecology movement ASBL, and with private individuals.

Member of the European Union Network of Independent Experts in Fundamental Rights (CFR-CDF), contribution to the synoptic reports, ad hoc opinions and annual compilation of the national report for Luxembourg

http://europa.eu.int/comm/justice.home/cfr cdf/index.fr.htm

Member of Luxembourg’s Advisory Committee on Human Rights; participation in inquiries and opinions

Numerous lectures on human rights at various universities and under a project of the Law Society of England and Wales (Lebanon, Jordan, Egypt).

Active participation in the human rights committee of the Council of the Bars and Law Societies of the European Union, particularly in the work on reform of the European Court of Human Rights

Participation in many conferences and colloquies, for instance the Mondorf-les-Bains Colloquy organised by the Luxembourg Chair of the Committee of Ministers of the Council of Europe (30 September and 1 October 2002) on “Media in a democratic society: striking a balance between freedom of expression and protection of human rights”; contribution on the subject of “Presumption of innocence and freedom of information ; are these competing rights?”

Member of the editorial board of the Revue trimestrielle des droits de l’homme (Brussels) and of the Bulletin des droits de l’homme (Luxembourg).

70 publications concerning the European Convention on Human Rights

V.         Public activities

No public activities within the meaning of the questionnaire

a) No civil service post

b) No electoral mandate

d) No position in a political party or movement; not a member of any political party

VI.        Other activities

Classical music, enrolled at the Luxembourg City Conservatorium of Music (organ-playing class)

VII.       Publications and other works

137 publications:

- 4 books including an unpublished university thesis in English relating to the European Convention on Human Rights

- 6 books dealing with the law of Luxembourg

- 2 books on comparative criminal law and Belgian criminal law

- 66 articles relating to the European Convention on Human Rights

- 4 articles in the field of international law

- 13 articles on Luxembourg’s criminal law

- 9 articles on criminal procedure in Luxembourg

- 8 articles dealing with constitutional law and administrative law

- 3 articles on civil procedure

- 5 articles on business law

- 1 article on Belgian criminal law

- 1 article on law and its relationship with music

- 15 book reviews

Eight of the principal publications are identified below:

1) (potential effect of the ECHR as between private individuals) (Brussels, Nemesis, Bruylant, 1995), 160 pages.

2) Le luxembourg devant la Cour europ�enne des droits de l’homme (Recueil de jurisprudence) 1995-2003 (digest of Court of Human Rights case-law of relevance to Luxembourg, 1995-2003) (Brussels, Nemesis, Bruylant, 2003), 462 pages.

3) Droit p�nal g�n�ral luxembourgeois (general criminal law in Luxembourg), 668 pages (2^nd edition has gone to press).

Articles:

3) “Les mesures provisoires et les organes de protection pr�vus par la Convention europ�enne des droits de l’homme” (interim measures and the human rights protection organs instituted by the ECHR), in Pr�sence du droit public et des droits de l’homme, M�langes offerts � Jacques Velu, Brussels, Bruylant, 1992, pp. 1294-1317

5) “Human Rights Case-Law in Strasbourg and the Luxembourg Courts: Conflicts, Inconsistencies and Complementarities” in P Alsoton, M Butselo and J Heenan (eds.), Academy of European Law, European University Institute, The EU and Human Rights, Oxford, OUP, 1999, pp. 757-780 (French translation, Brussels, Bruylant, 2001, pp. 789-812).

6) “Entraide judiciaire international en mati�re p�nale et Convention europ�enne des droits de l’homme. La perspective luxembourgeoise” (international judicial assistance in criminal matters and the ECHR – Luxembourg’s perspective) in Les droits de l’homme au seuil dui trois�me mill�naire, M�langes en hommage � Pierre Lambert, Brussels, Bruylant, 2000, –pp. 789-802.

7) “Luxembourg” in R Blackburn and J Polakiewicz (eds.). The European Convention on Human Rights (1950-2000), The Impact of the European Convention on Human Rights in the Legal and Political Systems of the Member States 1950-2000, Oxford, OUP, 2001, pp. 531-557.

5) “Le r�le de la Cour International de Justice dans la protection des droits de l’homme” (role of the International Court of Justice in defending human rights), in Avanc�es et confins actuels des droits de l’homme aux niveaux international, europ�en et national, M�langes offerts � Silvio Marcus Helmons, Brussels, Bruylant, 2003 m pp. 325-343.

VIII.      Languages

Languages

Reading

Writing

Speaking

VG

G

F

VG

G

F

VG

G

F

a. First language:

Luxemburgish

X

X

X

b. Official languages:

- English

X

X

X

- French

X

X

X

c. Other languages:

German

X

X

X

Dutch

X

IX. Other relevant information

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

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

TRANSLATION

CURRICULUM VITAE

I.          Personal details:

            DIEDERICH-TOURNAY Christiane

            Female

            Born 22 March 1943 in ANGERS (France)

            Mother of two sons

            Luxembourg nationality

            Address: …

            Grand-Duchy of Luxembourg

II.         Education and academic and other qualifications:

Attended school at Coll�ge S�vign� in Paris;

Baccalaur�at (philosophy section) in 1960, awarded by the Paris region education authority;

Studied for entry to the grandes �coles from 1960 to 1961;

Complete four-year course of legal studies at the Paris Faculty of Law (Panth�on) from 1961 to 1965;

Law degree in June 1965 (equivalent to a Doctor of Law in Luxembourg), recognised on 22 July 1971 in Luxembourg;

Graduate of the Institute of Criminology (criminological science section) in July 1964;

Graduate of the Institute of Criminology (criminal science section) in July 1965;

Additional studies in Luxembourg law from 1971 to 1972;

Certificate of additional training in Luxembourg law in January 1972;

Final examination on completion of judicial training (private law branch) on 4 May 1976, obtaining the title of avocat-avou�:

III.        Relevant professional activities :

1965-1971: raised my children, and in 1967 became a child welfare officer;

1971-1973: additional studies in Luxembourg law and trained as avocat at the Luxembourg bar in the chambers of Ma�tre Alain Schaak;

1973-May 1976: trained as avocat (chambers of Ma�tre Jean Gremling);

May 1976-October 1976: worked as avocat-avou� at the Luxembourg bar (chambers of Ma�tre Jean Gremling);

18 October 1977: appointed as attach� de Gouvernement;

18 March 1979: appointed as attach� de Gouvernement 1er en rang;

18 March 1980: appointed as conseiller de direction adjoint;

16 August 1984: appointed as conseiller de direction;

30 January 1987: appointed as conseiller de direction 1�re classe;

1 January 1997: appointed to the Administrative Court as a judge with the rank of Conseiller;

1 January 2004: Premier Conseiller (senior judge)at the Luxembourg Administrative Court.

IV.        Activities and experience in the field of human rights:

A large proportion of the cases coming before the Administrative Court call for consideration of the applicability of provisions of the European Convention on Human Rights and the Geneva Convention.

V.         Public activities:

I held senior positions in the Luxembourg administration from 28 October 1976 to 31 December 1996, and have held a post in the judiciary since 1 January 1997.

VI.        Other activities:

I was a child welfare officer from 1967 to 1971.

VII.       Publications and other works:

VIII.      Languages

Languages

Reading

Writing

Speaking

a. First Language

French

VG

VG

VG

b. Official languages

English

VG

G

G

French

VG

VG

VG

c. Other languages

luxembourgish

VG

F

F

Italian

VG

G

G

German

G

F

F

Spanish

F

IX.        Other relevant information:

My work at the Ministry of the Interior led me to participate in many ad hoc and steering committees of the Council of Europe, such as the CAHID (Ad Hoc Committee on Identity Documents) and the CDLR (Steering Committee for Local and Regional Democracy), of which I was a Bureau member for two years and vice-chair for two years.

In this context I participated in joint bureau meetings with the CLRAE, in the drafting of the European Charter of Local Self-Government and in many conferences of ministers responsible for local and regional government in the Council of Europe member states, such as those held in Lugano in 1984, in Cong (Ireland) in September 1988, in Bergen in May 1991 and in Lisbon in October 1996.

X.

I hereby undertake to take up permanent residence in Strasbourg if elected as a judge at the European Court of Human Rights.

Languages	Reading				Writing				Speaking
	VG	G	F	VG		G	F	VG		G	F
a. First language:
Luxembourgish	X			X				X
b. Official languages:
- English	X						X				X
- French	X			X				X
c. Other languages:
- German	X			X				X
for information, studied Latin (7 years)