Parliamentary Assembly
Assemblée parlementaire

Doc. 10933
17 May 2006

Election of judges to the European Court of Human Rights - List of candidatures in respect of Monaco
(in accordance with Article 23, paragraph 1, of the European Convention on Human Rights)

Communication from the Committee of Ministers

Letter from the Secretary General of the Council of Europe to the President of the Parliamentary Assembly, dated 11 May 20061

Dear President,

      Pursuant to the decision of the Ministers’ Deputies, I am sending you the enclosed list of candidates for the post of Judge of the European Court of Human Rights in respect of Monaco.

...

Signed:
Terry Davis

964th meeting – 10 May 2006

Item 4.2

European Court of Human Rights –
Election of judges – List of candidatures in respect of Monaco

(CM(2006)57)

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 Monaco;

2.       agreed to transmit the list of candidates in respect of Monaco to the Parliamentary Assembly.

* * *

Ministers’ Deputies

CM Documents

CM(2006)57 10 April 20062

——————————————

964 Meeting, 10 May 2006
4 Human Rights

4.2 European Court of Human Rights -
a. Election of judges – List of candidatures in respect of Monaco

——————————————

Translation

Permanent Representation
of the Principality of Monaco
to the Council of Europe

The Permanent Representative

      Madam Director General

      I have the honour to refer to your letter dated 20 December 2005 concerning the election procedure of a judge to the European Court of Human Rights in respect of Monaco, according to the provisions of articles 21, 22 and 23 of the Convention.

      I have pleasure in enclosing the list of the candidates selected by the Government of the Principality (in alphabetical order):

      •Mr       s Isabelle BERRO-LEFEVRE

      •Mr       Jean-François LANDWERLIN

      •Mr       Jean-François RENUCCI.

      You will find hereafter detailed biographical information on each candidate.

Yours faithfully,

For the Permanent Representative

The Chargé d’Affaires a.i.

Signed

René MORTIER

Cc:        Mr Terry DAVIS, Secretary General
             M. Simon PALMER
            Secretariat of the Committee of Ministers

Mrs Jane DINSDALE
Director General Ad Interim
of the Human Rights
Council of Europe

CURRICULUM VITAE

I – LEGAL STATUS

Surname, first name: BERRO-LEFEVRE Isabelle
Sex: Female
Date and place of birth: 24/10/1965 in Monaco
Nationality: Monegasque

Professional address: Palais de Justice
5 rue colonel Bellando de Castro 98000 Monaco
e-mail: [email protected]

II – STUDIES, DIPLOMAS AND OTHER QUALIFICATIONS

-       1983: Baccalauréat with honors (mention Assez Bien)

-       1984/1985: DEUG in Law, Nice University

-       1986: Bachelor of Private Law with honors (Mention Assez Bien), Nice University

-       1987: Masters Degree of Private Law with honors (Mention Assez Bien), Nice University

-       1987/1989: Justice Auditor in the “Ecole Nationale de la Magistrature Paris” [National School of Magistrates Paris], and jurisdictional internship at the Court of First Instance of general jurisdiction in Carcassonne (Aude).

Diploma with high honors (Mention Excellent).

Certificate of entertainments officer (BAFA)

National Certificate of First Aid (BNS)

III – RELEVANT PROFESSIONAL ACTIVITIES

a) Description of judicial activities:

-       October 1989: Legal assistant at the Direction of Judicial Services of Monaco

-       December 1990: Judge at the Court of First Instance (FIC) of the Principality of Monaco

-       January 2000: First Judge at the Court of First Instance of the Principality of Monaco

      Duties performed:

- Sits in the civil and commercial hearings of this Court ;

- Chairs penal hearings and the Court's Council Chamber;

-       Replaces the President of this Court when he is held up (petitions, summary proceedings);

-       Chairs hearings at the Industrial Tribunal (labour law) as a replacement for the Judge of the Peace;

b) Description of non judicial legal activities:

-       Responsible for organizing the transfer of the regulatory body of the Monaco Jail from the Interior Department to the Direction of Judiciary Services in 1990 and setting jail regulations;

(Sovereign Order number 9749 of March 9, 1990 and Ministerial Order specifying enforcement measures of March19, 1990);

-       Secretary of the Codes Up-date Commission from 1993 to 2003.

Mission: Envisage and issue recommendations/proposals aimed at ensuring compliance between the Criminal Code of practice texts and the demands of the European Convention of Human Rights;

- Responsible for teaching training classes in judicial practice and industrial accidents offered to Monegasque lawyers on internship;

IV - ACTIVITIES AND EXPERIENCES IN THE FIELD OF HUMAN RIGHTS

-       Since 2004: Collaboration with the “Center of European Studies on Human Rights” of the University of Nice-Sophia – Antipolis;

-       September 2004: Member of the Jury for the upholding of a PhD Law thesis in the University of Nice – Sophia – Antipolis on “the equality of weapons in a criminal trial” presented by Miss B SIBI;

-       May 2005: Participated in the symposium organized by the University of Nice – Sophia – Antipolis on the subject: “Protocol 14: the challenges for the reform”;

-       October 2005: Participated as a Monegasque magistrate in the seminar organized in Strasbourg by the Steering Committee for Human Rights (SCHR), marking the enforcement of protocol 12 of the European Convention of Human Rights;

- November 2005: Participated in the 6th plenary meeting of the Consultative Council of European Judges (CCJE) as a member representing the Monaco Delegation;

V – PUBLIC ACTIVITIES

None

VI – OTHER ACTIVITIES

-       Regularly participation as a member of the Jury for the Bar exams of the Principality of Monaco;

-       Regularly participation as a member of the jury for testing public safety agents (police officers) and inspectors- officers of judicial police;

-       Member of the association: “Friends of Lebanon”;

-       Made a speech for the reopening of the Courts and Tribunals of the Principality at the opening of judicial year 2004/2005;

VII – WORK AND PUBLICATIONS

Case-law notes:

-       Comments on the ruling of the ECHR on November 25, 2003, case Pini and Bertani vs Romania, case-book Dalloz April 15, 2004, pages 1059 and following;

-       Comments on the ruling of the ECHR on July 8, 2004, case Vo vs France, case-book Dalloz, October 7, 2004, pages 2535 and following;

-       Comments on the ruling of the ECHR on June 22, 2004, case Pini and Bertani vs Romania, “international adoption and respect of Human Rights: the ambiguity of the Pini and Bertani ruling”, case-book Dalloz, November 25, 2004, pages 3026 and following;

-       Comments on the ruling of the ECHR, case Ramirez-Sanchez vs France from January 27, 2005, “Revue Pénitentiaire et de droit pénal 2005” [2005 Penitentiary and criminal law magazine], page 247;

VIII – LANGUAGES

a) mother tongue: French

b) official languages

English: Read (Good) – Written (Good) – Spoken (Good)

c) other languages

German: elementary level

Notions of Italian

IX – MEDALS

-       Decorated as “Chevalier of the Order of Saint Charles” by HSH Prince Albert II on November 17, 2005;

I confirm that I will move permanently to Strasbourg if I am elected as a judge at the European Court of Human Rights.

CURRICULUM VITAE

I. PERSONAL DETAILS

Name, forename: LANDWERLIN, Jean-Francois

Sex: Masculine

Date and Place of Birth: 8 July 1945-MELUN (Seine and Marne) France

Nationality: French

* Married, with four children

II. EDUCATION AND ACADEMIC AND OTHER QUALIFICATIONS

• STUDIES:

Primary and secondary school studies: Successively in Saragosse, Pau, Barcelona, then Strasbourg.

1962-1963 - Lycee Kléber, Strasbourg – Elementary Mathematics stream.

University Studies:

1963-1964 - Strasbourg University – Science Faculty – studies in MGP

(General Mathematics and Physics)

1964-65 and 1965-66 - National School for the Arts, Preparatory class for the entrance exam to the Architectural studies stream – Passed in September 1965, and June 1966.

1966- 67 and 1967-68 - Sarre University (Sarrebuck, Germany) – Centre for French Legal Studies – June 1967, first year of legal degree passed (and graded ‘Fairly good’) -Awarded a university prize.

1968-1969 and 1969-1970 - Bordeaux University – Faculty of Law and Economics – June 1969, third and fourth year of legal studies.

1969-70 – University of Bordeaux – The Institute of Legal Studies – undertook preparation for the entrance exam to the National School of Magistracy, (Ecole Nationale de la Magistrature)

September-December 1970 – Entrance exam taken for the National School of Magistracy.

January 1971 – Officially appointed as trainee Judge - oaths taken on 26 January, 1971.

January 1971 to September 1971 – Training at the National School of Magistracy, Bordeaux.

• DIPLOMAS:

-       A-Levels - Elementary Mathematics stream.

-       BA Honours in Law at the University of Bordeaux (private law – graded ‘Good’)

-       Entry diploma for the National School of Magistracy.

• OTHER QUALIFICATIONS:

- Appointments:

- 9 May 1973 – Officially appointed as Assistant to the Head of Public Prosecutions at the Court of First Instance in Nancy.

- 10 August 1974 – Appointed by the Head of the Prosecutions Department at the Court of Appeal of Nancy to act in the capacity of Prosecutions Magistrate, in matters specifically pertaining to minors.

- 30 September 1974 – By decree of the Prefect of Meurthe and Moselle, appointed as a member of the Board of Guardians of Wards of the State.

- 20 September 1976 – Sovereign Ordinance No. 5880: appointed as Judge of the Monaco Court of First Instance.

- 4 March 1980 – Sovereign Ordinance No. 6788: appointed as First Judge at the Monaco Court of First Instance.

- 26 June 1981 – Sovereign Ordinance Mo. 7136: appointed as Vice-President of the Monaco Court of First Instance.

- 27 July 1987 – Sovereign Ordinance No. 8941: appointed as President of the Monaco Court of First Instance.

- 16 September 1988 – Sovereign Ordinance No. 13.623: appointed as First President of the Monaco Court of Appeal.

- Since October 1998 – Official membership and participation at each of the bi-annual sittings of the ‘Commission for the up-dating of codes’.

- Appointed by the latter to act as reporter on a project of legislation pertaining to issues of filial rights, parental authority, and the law of succession; the aim of such project being to increase the rights of biological children,

- General participation in the most recent work of the Commission, concerning the adaptation of various Monegasque codes to the European Law of Human Rights.

- Since September 1999 - Following the proposal of the Monegasque Government

(Department for Economic Expansion): Participation in the activities of the working group ‘Contentieux’, responsible for the drafting of an additional protocol to the European Patents Convention (various meetings held in Lucerne, Berlin, Luxembourg, Munich and the Hague).

- 1 January 2000 – and 1 January 2003 – Following the decision of the President of the European Patents Office: Appointed as external jurist at the Enlarged Board of Appeal for European Patents, in Munich.

- March 2003 – Following the proposal of the Department of Legal Services:

Appointed to ensure the Principality’s representation at the International Organisation of Francophonia (L’organisation internationale de la Francophonie or‘OIF’) and within the network of relevant government structures responsible for Human Rights.

- September 2003 - Following proposal by the Plenipotentiary Minister of European Affairs: Participation at meetings of the working group called to prepare Monaco’s entry into the Council of Europe

- 10 January 2006 – Sovereign Ordinance No. 358: appointment as Legal Advisor to the Minister of State of the Principality of Monaco.

- Training experience

- September 1971 to September 1972 – training as a Junior Magistrate, at the Court of First Instance in Pau.

- September to December 1972 – Research training at the National School of Magistracy in Paris, in the subject field ‘Different means of mass communication and the protection of privacy’.

- January to April 1973 – Training at the Prosecution Department of Pau.

- October 1973 – Training period in ‘Community Law’ at the European Court of Justice, in Luxemburg.

Further training in basic I.T.skills at the Centre for Practical Studies in Computing (Centre d’études pratiques en informatique et automatique - CEPIA) in Rocquencourt.

- Training sessions at the Ministry of Justice Training Centre, Vaucresson:

. November 1974 – ‘The French judge, the treaty of Rome, and the international conventions’,

. December 1975 - ‘Information Technology’,

. March 1983 - ‘The Ailing Firm’,

. December 1983 – ‘Criminal Hearings’.

III. RELEVANT PROFESSIONAL ACTIVITIES

a) Judicial activities:

Responsibilities as Assistant to the Prosecution Department of Nancy – from 1973 to 1976:

- General responsibilities in the Prosecution Department, as well as standing in for public prosecutors from Briey and Verdun.

- 1973 - 1974 – Correction of attempts to undermine the quality of life (health and safety regulations and traffic regulations – road and industrial accidents – other physical accidents – pollution, public nuisances, transgression of town planning and construction regulations).

- 1974 - 1975 – Adoptions, loss of parental authority, legal reporting of abandonment – delinquency and educational assistance to minors -- recovery of alimony, and other cases concerning families and children.

- 1975 - 1976 – Commercial cases (at the Commercial Court – Sitting in commercial hearings in matters involving the protection of public order) – Supervising procedure in matters of administration and liquidation of insolvent debtors’ properties and affairs.

- Application of repressive measures against bankruptcy and related economic and financial offences,

- Organising the prosecution in matters pertaining to bounced cheques,

- Surveillance in matters of accountancy and ensuring the assignees of the bodies of creditors adhered to correct practice.

Responsibilities at the Monaco Court of First Instance - from 1976 to 1987, as Judge, First Judge and Vice-President

- Preparing and passing of verdicts, following their deliberation in chambers,

- Assisting at civil and criminal hearings of the Court,

- Managing sentencing procedures,

- Occasional involvement in hearings at the Criminal Court and the Superior Industrial Tribunal,

- Standing in for the Examining Magistrate,

- Routinely presiding as First Judge or Vice-President over the Criminal Court

- Presiding over some civil hearings,

- Following experts’ reports in civil and criminal matters

- Exercising control over the activities of the assignees of the bodies of creditors and

the settlement of liabilities, acting in the capacity of Official Receiver,

- General management of the Court of First Instance, when standing in for the President.

Responsibilities as Presiding Judge of the Monaco Court of First Instance, from 1987 to 1998:

- Harmonising the different departments of the jurisdiction,

- Acting as Presiding Judge at all civil and summary hearings and, occasionally, at criminal hearings,

- Dealing with all filed petitions for legal proceedings,

- Exercising control over complex matters in bankruptcy, while acting in the capacity of Official Receiver,

- Overseeing the preparatory stage of civil hearings,

- Directing Judges of the Court in civil matters,

- Verification of the quality of court rulings,

- Creating a ‘Court News-Bulletin’, which serves to inform on the essential principles of the courts’ decisions on leading cases within the Monegasque jurisdiction,

- Treatment of matters pertaining to: civil law, commercial law, criminal law, labour law, administrative law, fiscal law, private international law.

Responsibilities as First President of the Court of Appeal: from 1998 to 2005

- Presiding over all hearings in the Court’s jurisdiction, essentially in civil matters,

- Presiding over chambers, the jurisdiction of appeal for examining magistrates, jurisdiction in matters of custody, criminal procedure and extradition,

- Presiding over the Superior Industrial Tribunal (“la Cour supérieure d’arbitrage des conflits collectifs du travail”),

- Supervising magistrates and clerks,

- Advising the Head of Legal Services Department on specific modifications in on-going drafting of legislation,

- Maintaining a working relationship with the afore-mentioned department,

- Involvement in the meetings held by the Monaco Committee for the Drafting of Legal Review,

- Guiding the consultation of Judges of the jurisdiction, and supervising research projects examining the adaptation of Monegasque laws to the International Covenant on Civil and Political Rights as well as to the European Convention of Human Rights.

b) Non-judicial legal activities

Professional Activities

Since January 2006- Acting as Legal Advisor to the Minister of State of the Principality of Monaco: supervising and participating in the legal work of the administration and contributing to the shaping of political legislation. In this capacity, following the preparation of different government bills in matters concerning notably; housing, property rights, criminal procedure, the new magistracy statute, and the workings of the National Council (Conseil National). Presiding over meetings bringing together both the Administration and the National Council, and participating in various working groups involved in the preparation of government bills.

Meetings:

-       In September 1971

Joining the “Association for the exchange between French and German Lawyers”, and participation in the XII meeting of this Association, in Munich.

-       13 and 14 October 1972

Attending a conference of the Institute of Comparative Law on the subject of “The conflicts of laws in filial matters”, in Strasbourg.

-       1972 to 1981

Attending meetings of the “Association for the exchange between French and German Lawyers” in Rouen (1972), Aix-En-Provence (1973), Mayence (1979), Dijon (1981) and Treves (1983),

-        2 to 4 October 1983, Nice

Attending the third French meeting on matters of criminal law on the theme of “Europe and French criminal law”,

-       8 to 10 November 1984, in Bordeaux

Attending the VII Congress of the French Association of Criminal Law on the theme of “The restrictions of the defendant’s freedom,”

-        Since 1998

Attending conferences organised for the European patents judges, in the context of the European Patents Organisation, in Madrid (1998), Luxembourg (2000), Copenhagen (2002) and Brussels (2004),

-       September 2004

Acting as President for a session at the XII Conference of European Patents Judges, in Brussels, on the subject of “The system of jurisdiction for the European Community patent and harmonisation in the practice of settling disputes in matters of European patents”.

Lectures, presentations

-       1974 and 1975 – Taught a course in administrative and constitutional law for civil servants, secretaries and clerks preparing to take professional entrance exams, at the Centre of the Court of Appeal of Nancy,

-        October 1974 – Conferences on the subject of “The Mistreatment of Children” and “Coming of Age at Eighteen”, to police force trainees from Meurthe and Moselle,

-       February 1975 – Presentation given on the subject of “Bankruptcy and Related Offences” to national police force research groups in Lorraine, during their training period in criminal law as it relates to business,

-       February 1976 – Presentation given on the subject of “The Role of the Magistrate in the Maintaining of Public Order”, in the context of a regional training programme for staff of the prefecture in Pont, Mousson (Meurthe and Moselle),

-       23 January 1983 – Conference on the subject of “The Status and Duties of Experts in Criminal Matters”, to legal experts of the Alpes Maritimes, in Monaco,

-       1 October 1985 – Talk given on the subject of the “Monaco’s Contribution to the Study of Prehistory” at the pronunciation of opening statements at the opening of the judicial year of the Court of Appeal and other Courts of the Principality,

-       Since 1998 – Presentations given to trainee lawyers in Monaco on various aspects of the workings of the Monegasque jurisdiction, in the context of a series of training conferences,

-       5 December 1998 – Lecture given on the Monegasque law of patents, during a conference about European patents organised by the Management of Economic Expansion Department, in Monaco,

-       20 May 2000 – Lecture given at a conference organised by the Centre for Research on Legal, Economic and Financial Aspects of a Company (CRAJEFE) in Sophia Antipolis,

-       2 October 2000 – Talk given on “Legal Protection of Personal Data in Monaco and Neighbouring Countries (Spain, France, Italy)” during the pronunciation of opening statements at the opening of the judicial year of the Court of Appeal and other Courts of the Principality,

-       27 April 2001 – Presentation given on “Off-Shore Companies” at the XI Monaco World Summit”, on the theme “Business and Ethics”,

-       18 June 2001 – Presentation on the subject “ Compensation for Bodily Harm in Monegasque Law” in the context of a Meeting of the Association of Medical Experts to the Court of Appeal of Aix-en-Provence (AMECAAP).

-       19 September 2002 – Talk given on the subject of “Monegasque Law and determining the relevant jurisdiction in matters concerning the validity and forgery of European patents, following work undertaken in this field as a result of the intergovernmental conferences in Paris and London”, at the 11th Conference for European Patents Judges in Copenhagen,

-        25 April 2003 – Presentation given on the subject of “Monegasque Law and the Conditions for the Repression of Crimes Against Humanity”, in the context of a conference organised in Monaco under the banner of the “World Association of Childhood Friends” (“L’Association mondiale pour des amis de l’enfance” or l’AMADE).

c) Non – legal professional activities: (None)

IV. ACTIVITIES AND EXPERIENCE IN THE FIELD OF HUMAN RIGHTS

Apart from activities in this field mentioned above - Drafting numerous judgments at the Court of Appeal in Monaco, having applied certain stipulations of the International Covenant on Civil and Political Rights of 16 December 1966, enforceable in Monaco since 1998, concerning the principles of the protection of human rights similar to those drawn from the European Convention on Human Rights, whose implementation in Monaco, being closely inspired by the European jurisprudence, has had a large impact on the Bar, and the judicial life, preceding the ratification of this last Convention by the Principality. Since the time of this ratification - Passing of the first judgements enforcing the Convention.

V. PUBLIC ACTIVITIES

a) Public Office

As listed below, I have had a succession of roles in the French magistracy system until 1976, then in the Monegasque magistracy system from 1976 to 1998, acting as First President of the Court of Appeal of Monaco, then, in 2006, being appointed as Legal Advisor to the State Minister of the Principality of Monaco.

b) Elected Posts: (none)

c) Posts Held in a Political Party or Movement: (none)

VI. OTHER ACTIVITIES

a) Field

ASSOCIATIONS (Cultural, sporting and leisure-activity)

b-c) Duration and Functions

- 1979-1984 - member of the French Astronomy Association,

- Since 1980 – member of the “The Prehistoric and Speleological Society of Monaco” and, more recently, acting as Vice-President to this Society,

- Since 1982 – member of the Alpes-Maritime section of the French “Club Alpin”,

- Since 2004 - member of the “Monaco Ambassadors’ Club” and “The Society for Members of the Legion of Honour”,

VII. PUBLICATIONS AND OTHER WORKS

a) Works

- October 1965 – “Dante Alighieri of Saragosse Society” (Spain)

Participation in an exhibition held to commemorate the 7th centenary of the birth of Dante – Awarded a prize from the Italian Institute of Culture in Madrid.

b) Publications

“La organizacion y el funcionamiento de los tribunales de Monaco” Boletin de infornacion del Ministerio de Justicia“ Madrid (25 October and 5 November 1985)

Articles published in the Monegasque Law Review, since 1999:

- « Licenciement d’un délégué du personnel »,

- « L’exercice à Monaco des actions en nullité et contrefacon des brevets européens »

- « L’interrogatoire de première comparution – formalités substantielles »

- « Conditions de validité de la procédure de saisie-contre-facon applicable aux marques »,

- « Restitution du cautionnement pénal fourni par un inculpé condamné »

- « Observations sur l’arbitrage à Monaco en matière de brevets »

VIII. LANGUAGES

a) First Language :

- French.

b) Official Languages :

- English: Reading (Quite Good) – Writing (Quite Good) – Spoken (Quite Good).

Level currently improving due to ongoing classes.

c) Other Languages:

- Spanish: Reading (Very Good) – Writing (Very Good) – Spoken (Very Good)

bilingual standard.

- Italian and German: rudimentary knowledge.

IX. OTHER RELEVANT INFORMATION

- Décorations: - Chevalier de la Légion d’honneur

- Commandeur de l’Ordre de Saint-Charles

X. DECLARATION

In the event that I should be elected to act as Judge of the Court; I would move permanently to Strasbourg, while retaining my primary residence in Menton. This would ensure the convenience of being able to return regularly to Monaco, notably to ensure that the Principality maintains its relationship with the Court and that it continues to have access to the European jurisprudence.

Monaco, dated

Jean-Francois LANDWERLIN

Professional address:

M. Jean-François LANDWERLIN

Conseiller Juridique auprès du Ministre d’Etat

Ministère d’Etat

Place de la Visitation

98000 MONACO (MC)


Tél. : + 377 – 93. 15. 84. 67

Fax : +377 – 93. 15. 19. 84

E.mail :[email protected]

CURRICULUM VITAE

Jean-François RENUCCI
Professor at the Faculty of Law, University of Nice Sophia-Antipolis (France)
Adviser on Human Rights, Department of Foreign Affairs (Ministry of State, Monaco)
40, rue Rossini F-06000 Nice
Phone/Fax : 04.93.82.30.84 - e-mail : [email protected]

NB: posts held at present, and current activities, are underlined

I. PERSONAL DETAILS:

Name, forename: RENUCCI Jean-François
Sex: male
Date and place of birth: dec. 8th 1956, Marseille (France)
Nationality: French

II. EDUCATION AND ACADEMIC AND OTHER QUALIFICATIONS:

-       First degree in law (1977)
-       Master of law (1978)
-       Diploma of advanced studies (post graduate), Private law (1979)
-       Doctorate of law (1985)
Highest postgraduate research degree, mention “A” with highest honor”,
Prize for the best thesis

III. RELEVANT PROFESSIONAL ACTIVITIES:

a) Judicial activities:

-       Delegated magistrate [prosecutor’s office], Court of Appeal (Bastia 1986-1987)
-       Lawyer at the Paris Bar, and at the Nice Bar (1996-2005)

b) Non-judicial legal activities:

-       Professor at the Faculty of Law, University of Nice Sophia-Antipolis (France)

professor of European Human Rights Law)

-       Adviser on Human Rights and Fundamental Freedoms,

Department of Foreign Affairs, Ministry of State, Monaco

-       Expert Consultant for the Council of Europe

-       Member of the Commission updating the Codes of the Principality of Monaco

-       Member of the “Work Group” at the French Supreme Court concerning the

Commission (European Union): “Green paper on criminal proceedings:

Procedural safeguards for suspects and defendants in criminal

Proceedings throughout the European Union” (2003)

-       Consultation at the French Senate on legislative reforms: juvenile justice and delinquency prevention (2002)

c) Non-legal professional activities:

Administrative activities:

-       Vice-Dean, Faculty of Law (1983-1989)

-       Director of the Center of Studies on South-European Laws

-       Member of the Board of Directors, Faculty of Law

-       Director of the Center of European Studies on Human Rights

Other activities:

-       Jury member, Entrance examination to National School for the Judiciary

(E.N.M., France)

-       Jury member, René Cassin competition

(European Human Rights competition)

IV. ACTIVITIES AND EXPERIENCE IN THE FIELD OF HUMAN RIGHTS:

      a) Activities within the framework of the Council of Europe

-       Expert to the CDDH (Steering Committe for Human Rights, Council of Europe)

-       Expert to the DH-PR (Committe of Experts for the improvement of procedures for the protection of Human Rights, Council of Europe).

-       Expert to the DH-DEV (Committee of Experts for the development of Human Rights, Council of Europe)

-       Conferences for the Council of Europe:

* Summer school, European magistrates, Sovata, Romania (2004). Report:

Right to liberty and security, European Convention on Human Rights

* The European convention on human rights in Romania, 10th anniversary,

Bucharest (2004). Report: “Article 6 of the European Convention on Human Rights”

-       Publications in the field of human rights (2): Cf infra, point VII

      b) Activities within the framework of the Universities

-       Teaching European Law on Human Rights (since 1990)

-       Publications and works in the field of human rights: Cf infra, point VII

-       Director of a Research Center in the field of Human Rights

(Center of European Studies on Human Rights)

-       Thesis supervisor in the field of Human Rights: 20 thesis

-       Conferences on Human Rights, Cooperation between Universities

(France – Poland – Germany):

“Human rights, Council of Europe and European Union”:

Varsaw; Gdansk (2000)

“Human rights in Europe”:

Berlin; Frankfurt / Oder (2001)

“The European Union and the European Convention on Human Rights”:

Frankfurt / Oder (2003)

-       Conferences and Seminars on Human Rights in different Universities:

“The evolution of European human rights law”:

Roma (1998) – Lyon (2002) - Aix-Marseille (2003 et 2004) – Nice (2005)

“European convention on human rights: procedural safeguards”:

French Polynesia (2000) – Bucharest (2003) - Catania (Italy) (2004)

“The innovations of Protocol No 14”:

Nice (2004)

-       Vocational training of the magistrates: France. Monaco. Romania

(training courses in European Human Rights Law) :

V. PUBLIC ACTIVITIES

a) Public office

-        Professor at the Faculty of Law, University of Nice Sophia-Antipolis (France)

b) Elected posts 

- No elected posts

c) Posts held in a political party or movement

-       No posts held in a political party or movement 

VI. OTHER ACTIVITIES

- Member of the International Institute of Human Rights (Strasbourg)

- Member of the scientific European doctorate council

(French-Italian Doctorate), European criminal policies

- Member of the International Association of Penal law

- Member of the Commission “Human rights” (Nice Bar)

- Scientific director of the Seminar “European Court of Human Rights: new

challenges and practices”, University of Nice Sophia-Antipolis (2005)

VII. PUBLICATIONS AND OTHER WORKS:

a) Main books

- European Human Rights Law,

Ed. LGDJ [Paris] 3rd ed. 2002 (821 pages);

- Code of penal procedure - European Convention on Human Rights,

Ed. Dalloz [Paris] « Codes Dalloz », 47th ed. 2006 (2300 pages);

- Article 9 of the European Convention on Human Rights,

Human rights files n° 20, Council of Europe Publishing, 2005 (110 pages)

- Introduction to the European Convention on Human Rights [The rights

secured and the protection machinery],

Human rights files n° 1, Council of Europe Publishing, 2005 (135 pages) 

- Treatise on European Human Rights Law,

Ed. LGDJ [Paris] (to be published, 1500 pages).

b) Main articles and studies (national reviews):

-       The right of access to the courts and the European Convention on Human Rights,

in « Le droit au juge », Ed. LGDJ 1998, p.

-       The European Convention on human rights and corporate law,

Files: Rev. « Droit & Patrimoine », Ed. Lamy (Paris) sept. 1999;

-       Expert opinion and European Convention on Human Rights,

Rev. « La Semaine Juridique », Ed. Litec (Paris), 2000-I-227;

-       The re-examination of final justice decision in the interest of human rights,

Rec. Dalloz, Ed. Dalloz (Paris) 2000, p. 655;

-       Monaco law on extradition in the european context,

Rev. « Droit Monégasque » (Monaco), 2002, p. 43 ;

-       The European Union’s area of Freedom, Security and Justice and the European Convention on Human Rights,

Rev. « Pénitentiaire et de Droit Pénal », Ed. Cujas (Paris), 2003 p. 569;

-       The accession of the European Union to the European Convention on Human Rights,

Professor Julien’s Miscellaneous, Edilaix 2004, p. 382 ;

-       Irresponsibility of the national magistrates and the right of access to the courts,

Rev. « Pénitentiaire et de Droit Pénal », Ed. Cujas (Paris) 2004 p. 203;

-       Is the public prosecutor a magistrate in the european sense of the term?

Professor Cohen-Jonathan Miscellaneous, Bruylant, Belgium 2004, p. 1345;

-       The European Court of Human Rights: the time of the reforms,

Professor Pradel Miscellaneous, Ed. Cujas (Paris) (to be published).

c) Main studies on the judgments of the European Court of Human Rights

      Since 1992, I have with my research team a permanent column in the review “Recueil Dalloz” entitled “European Human Rights Law” where I comment judgments of the European Court of Human Rights

      Since 1996, I comment in the “Revue de Science Criminelle” judgments of national jurisdictions applying to the European Convention on Human Rights, in the column “Human rights – National jurisdictions”.

VIII: LANGUAGES:

      a) First language:

       - French

      b) Official languages:

       - English: Reading (F) – Writing (F) – Speaking (F)

       - French: (mother tongue)

      c) Other languages:

       - Italian: Reading (G) – Writing (F) – Speaking (G)

IX: OTHER RELEVANT INFORMATION

      Decorations:

- Chevalier of the Order of Saint-Charles (Principality of Monaco)

X. PLEASE CONFIRM THAT YOU WILL TAKE UP PERMANENT RESIDENCE IN STRASBOURG IF ELECTED A JUDGE ON THE COURT

I confirm that I’ll settle down on a permanent basis in Strasbourg if I were elected judge at the Court.

1 On 12 January 2005, pending the Assembly’s decision on a possible modification of Resolution 1366 (2004) on candidates for the European Court of Human Rights, the Bureau temporarily suspended the examination of lists of candidates for the Court having all the same sex, if that is the sex which is under-represented on the Court. On 18 March 2005, the Standing Committee adopted Resolution 1426 (2005) amending Resolution 1366 (2004) and allowing single-sex lists under specified circumstances.

2 This document has been classified restricted at the date of issue. It was declassified at the 964th meeting of the Ministers’ Deputies (11 May 2006) (see CM/Del/Dec(2006)964/4.2).