Doc. 12240

19 May 2010

Election of judges to the European Court of Human Rights

(in accordance with Article 22, paragraph 1, of the European Convention on Human Rights)

List and curricula vitae of candidates submitted by the Governments of Germany and Malta

Table of contents    

List and curricula vitae of candidates submitted by the Government of Germany       3

Prof. Angelika NUSSBERGER       4

Dr. Günter SCHIRMER       9

Prof. Dr. Bertram SCHMITT       12

List and curricula vitae of candidates submitted by the Government of Malta       16

Mr Vincent Anthony De GAETANO       18

Mr Joseph A. FILLETTI       22

Mrs Abigail LOFARO       26

Prof. Angelika NUSSBERGER

CURRICULUM VITAE

Model curriculum vitae for candidates seeking election to the European Court of Human Rights1

I.       Personal details

Name, forename: Nußberger, Angelika Helene Anna (Prof. Dr. Dr. h.c.)

Sex: female

Date and place of birth: Munich 1 June 1963

Nationality: German

II.        Education and academic and other qualifications

1982-1989       Studies in Slavic languages and literature; studies in law / Munich (with short term

1987       Magister Artium: Slavic languages and literature (complementary subjects: French

1988       Diplôme en droit comparé, Université de Strasbourg

1989       First State exam in law (University of Munich)

1993       PhD (law) University of Würzburg

1993       Second State exam in law (Heidelberg)

1994-1995       Visiting Researcher, Harvard University

2002       Habilitation, University of Munich (Professor Bernd von Maydell, Professor Bruno Simma, Jugde at the ICJ)

2010       Doctor honoris causa (State University Ivane Javakhishvili, Tbilissi)

III.        Relevant professional activities

a. Description of judicial activities

(-)

b. Description of non-judicial legal activities

1993-2001       Research fellow at the Max-Planck-Institute for Foreign and International Social Law,

2001-2002       Legal advisor (Council of Europe), General Directorate III (Social Cohesion)

Since 2002       Full professor of law at Cologne University (specialisation: international law,

c. Description of non-legal professional activities

(-)

IV.       Activities and experience in the field of human rights

Member of the Committee of Experts on the Application of Conventions and Recommendations of the International Labour Organisation (since 2004)

Substitute Member of the Venice Commission (European Commission for Democracy through Law) (since 2006): amicus curiae opinions on human rights questions before the European Court of Human Rights and European constitutional courts

Member of the „Independent International Fact-Finding Mission on the Conflict in Georgia (IIFFMCG)” under the chairmanship of Heidi Tagliavini (2009)

Lectures on international human rights at the University of Cologne since 2005; guest lectures on international social and human rights at the Pontifícia Universidade Católica do Rio Grande do Sul in

Porto Alegre / Brazil (2009)

Participation in expert meetings on the elaboration of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

Publications on international human rights law

V.       Public activities

a. Public office

(-)

b. Elected posts

Vice-President of the University of Cologne (since 1 January 2010)

c. Posts held in a political party or movement

(-)

VI. Other activities

a. Field

Organisation of students’ exchange programs and international students’ seminars on a variety of subjects (international law, European law, human rights law, comparative constitutional law):

Organisation of a Master Program for law students in Tbilissi

Organisation of a Specialised Program in German law in Gdansk

Organisation of an Exchange Program with students of the Chinese University of Policy and Law (Beijing)

b. Duration

Since 2004

c. Functions:

Responsible organizer

VII.        Publications and other works

(You may indicate the total number of books and articles published, but mention only the most important titles (maximum 10))

Total number of books: 4 (author), 1 (co-author), 9 (editor or co-editor)

Total number of articles: 103

Most important titles:

V. Völkerrecht. Geschichte, Institutionen, Perspektiven, (International Law. History, Institutions, Perspectives), Munich 2009

VI. Völkerrecht im Kaukasus – Postsowjetische Konflikte in Russland und Georgien (International Law in the Caucasus – Postsoviet Conflicts in Russia and Georgia), Europäische Grundrechte Zeitschrift 2008, S. 457-466

VII. Pluralizm – konstitucionnaja cennost’ (Pluralism as constitutional value), in: Sravnitel’noe konstitucionnoe obozrenie (Journal on Comparative Constitutional Law) No. 6 (67) 2008, p. 89-98

VIII. Setting Limits and Setting Limits aside – The Constitutional Framework of Presidential Power in Post-Communist Countries, in: Liber Amicorum Antonio La Pergola, Strasbourg, The Hague 2008, p. 206-228

IX. The Reception Process in Russia and Ukraine, in: Helen Keller / Alec Stone Sweet (ed.), A Europe of Rights .The Impact of the European Convention on Human Rights on National Legal Systems, Oxford University Press 2008, p. 603-674

X. Vosstanovlenie Vavilonskoj Bašni. Evropejskij Sud po pravam čeloveka i mnogoobrazie pravovych kultur (The Reconstruction of the Tower of Babel. The European Court of Human Rights and the Diversity of Legal Cultures), Sravnitel’noe Konstitucionnoe Pravo 2007, No. 2, p. 71-79

XI. Arbeit als Fluch und Segen. Völker- und verfassungsrechtliche Regelungen zum Recht auf Arbeit und Verbot der Zwangsarbeit (Work as Boon and Bane. International and constitutional regulations on the right to work and the prohibition of forced labour), in: Ennuschat/Geerlings/Mann/Pielow/Stern, Recht und Ordnung der Wirtschaft, Gedächtnisschrift für Peter Tettinger, 2007, p. 81-102

XII. Minority Protection in Central and Eastern Europe, in: Władysław Czapliński, Prawo w XXI wieku, Warszawa 2006, S. 582-600

XIII. Sozialstandards im Völkerrecht. Eine Studie zu Entwicklung und Bedeutung der Normsetzung der Vereinten Nationen, der Internationalen Arbeitsorganisation und des Europarats zu Fragen des Sozialschutzes (Social Standards in International Law. A Study on the Development and Impact of law-making of the United Nations, the International Labour Organisation and the Council of Europe in the field of social protection), Berlin 2005

XIV. La dimension constitutionnelle de la restructuration du droit social dans les Etats d’Europe centrale et orientale, Bulletin de droit comparé du travail et de la sécurité sociale 2003, S. 53-75

Expert opinions for the Venice Commission

Report on the Independence of the Judicial System. Part I: The Independence of Judges, Adopted by the Venice Commission at its 82nd Plenary Session (Venice, 12-13 March 2010) CDL-AD(2010)004 (together with Guido Neppi Modena, Hjortur Torfason and Valery Zorkin)

Amicus curiae brief for the Constitutional Court of Moldova on the Interpretation of Articles 78.5 and 85.3 of the Constitution of Moldova, Adopted by the Venice Commission at its 82nd Plenary Session (Venice, 12-13 March 2010), CDL-AD(2010)002 (together with Jean-Jacques Scholsem and KaarloTuori)

Final Opinion on the Draft Amendments and Annexes to the Law on Occupied Territories of Georgia, Adopted by the Venice Commission at its 81st Plenary Session, (Venice, 12-13 December 2009) CDL-AD (2009)187 (together with Bogdan Aurescu and James Hamilton)

Interim Opinion on the Draft Amendments and Annexes to the Law on Occupied Territories of Georgia, Adopted by the Venice Commission at its 80th Plenary Session, (Venice, 9-10 October 2009) CDL-AD (2009)046 (together with Bogdan Aurescu and James Hamilton)

Amicus curiae Opinion on the Interpretation of the Kazakh Constitution concerning the Participation in the Customs Union within the Euro-Asian Economic Community for the Constitutional Council of Kazakhstan, endorsed by the Venice Commission at its 81st Plenary Session (Venice 11-12 December 2009) CDL (2009) 176 (together with Evgenij Tanchev)

Joint Opinion on the Law on Amending some Legislative Acts on the Election of the President of Ukraine, adopted by the Verkhovna Rada of Ukraine on 24 July 2009, adopted by the Council for Democratic Elections at its 30th meeting (Venice, 8 October 2009) and by the Venice Commission at its 80th Plenary Session (Venice,9-10 October 2009) CDL-AD(2009)040 (together with Jessie Pilgrim)

Opinion on the Law on Occupied Territories of Georgia, adopted by the Venice Commission at its 78th Plenary Session (Venice 13-14 March 2009) CDL-AD(2009)015 (together with Bogdan Aurescu and James Hamilton)

Opinion on the Draft Law Amending the Constitution of Ukraine Presented by the People’s Deputies Yanukovych, Lavrynovych et. al CDL-AD (2009)008 (together with Peter Paczolay and Hanna Suchocka)

Opinion on the Draft Amendments to the Constitutional Law on the Supreme Court and Local Courts of Kyrgyzstan CDL-AD (2008)041 (together with Hjvrtur Torfason)

Amicus Curiae Brief in the cases of Sejdic and Finci v. Bosnia and Herzegovina pending before the European Court of Human Rights No. 27996/06 and 34836/06 CDL-AD(2008)027 (together with Jean-Claude Scholsem and Joseph Marko)

Opinion on the Draft Constitution of Ukraine (prepared by a working group headed by Mr. V.M. Shapoval) AD(2008) 015 (together with Sergio Bartole, Peter Paczolay, Hanna Suchocka and Kaarlo Tuori)

Opinion on the Draft Law on Freedom of religion, religious organisations and mutual relations with the State of Albania CDL(2007)106 (together with Louis Christians)

Opinion on the Constitutional Situation in Kyrgyzstan CDL(2007)127 (together with Tanchev and Anders Fogelklou)

Amicus curiae Opinion on the Law on Legalisation, Urban Planning and Integration of unauthorised Buildings of the Republic of Albania, Opinion no. 433 / 2007 CDL-AD(2007)029 (together with Marc Fischbach and Jan Velaers)

 

Opinion on the Law on Disciplinary Responsibility and Disciplinary Prosecution of Judges of Common Courts of Georgia, adopted by the Venice Commission at its 70th Plenary Session (Venice, 16-17 March 2007) CDL-AD(2007)009 (together with Hanna Suchocka and Hans Vogel)

Preliminary comments on three drafts for a revised Constitution of the Kyrgyz Republic (together with Andres Fogelklou)

VIII. Languages

(Requirement: an active knowledge of one of the official languages of the Council of Europe and a passive knowledge of the other)

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

German

x¨

¨

¨

x¨

¨

¨

¨x

¨

¨

(Please specify)

 

 

 

 

 

 

 

 

 

b. Official languages:

 

 

 

 

 

 

 

 

 

English

x¨

¨

¨

¨x

¨

¨

x¨

¨

¨

French

x¨

¨

¨

¨x

¨

¨

¨x

¨

¨

c. Other languages:

 

 

 

 

 

 

 

 

 

Russian

x¨

¨

¨

¨

x¨

¨

¨x

¨

¨

Italian

¨

¨x

¨

¨

¨

x¨

¨

¨

¨x

Spanish

¨

¨

x¨

¨

¨

¨

¨

¨

¨

IX.       In the event that you do not meet the level of language proficiency required for the post of judge in [the second] official language, please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

X.        Other relevant information

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

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

Dr. Günter SCHIRMER

CURRICULUM VITAE

Model curriculum vitae for candidates seeking election to the European Court of Human Rights2

I.       Personal details

Name, forename

Dr. Günter Schirmer

Sex

Male

Date and place of birth

14 February 1960, Cologne

Nationality/ies

German

II.       Education and academic and other qualifications

Doctorate of law (University of Passau); thesis (in German): “Legal Status and Protection of the early Embryo after In vitro Fertilisation –a Comparative Law Perspective” (magna cum laude, 1987)

Second State Exam in Law (Bavaria), ranked 19th of 494 candidates, optional subject: European and International Law (1989)

First State Exam in Law (Bavaria), grade/class “gut”, optional subject: Criminology and Juvenile Criminal Justice (1984)

“Maîtrise en droit, mention droit international” (Master in Law, specialisation in international law), University of Aix-Marseille, grade/class “bien”; thesis (in French) : “The Procedures for the Implementation of Competition Law in French, German and European Law” (1982)

“Fachspezifische Fremdsprachenausbildung” (specialised intensive language courses for lawyers) at the University of Passau, for English and French (1978/81)

“Abitur” (baccalaureate) at the Alexander von Humboldt Gymnasium in Neuss, grade average 1.2, main subjects: English and Russian (1978)

III.        Relevant professional activities

a. Description of judicial activities

Judge at the “Landgericht” (regional court of first instance) in Bonn, 9th Civil Chamber presided by Mrs. Reumann de Fernandez (1991/92)

During the “Referendariat” (practical training period), stations as trainee judge/prosecutor respectively in a civil (Freyung), criminal (Passau/Office of the Public Prosecutor) and administrative (Regensburg) court as well as in a private law office (1986/89).

b. Description of non-judicial legal activities

Executive Secretary of the organs of the Council of Europe Development Bank (CEB): secretariat of the Bank’s Governing Board, Administrative Council and its Executive Committee and of the Auditing Board (2001/2003)

Deputy Secretary of the CEB’s organs (1996/2001)

Administrator at the Secretariat of the CEB: assessment of the admissibility of loan requests, preparation of the Secretary General’s opinions on admissibility (1993/96)

Civil servant at the German Federal Ministry of Finance (Directorate General of International Affairs): Paris Club, bilateral debt rescheduling agreements, export credit guarantees, financial cooperation with Central and Eastern European states and those of the former USSR (1990/91 and 1992/93)

Lecturer for German law and comparative law at King’s College (London) and the London School of Economics (1984/86)

Assistant at the University of Passau with Prof. Werner Beulke, Chair of Criminal Law, Juvenile Criminal Justice and Criminology (1984 and 1989/90 full time, and 1986/89 part-time)

Intern at the European Commission (Brussels), Directorate General IV - Competition Law (1983)

c. Description of non-legal professional activities

none

IV.       Activities and experience in the field of human rights

Deputy Head of the Secretariat of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe (since 2003): international parliamentary secretariat work in the human rights field, including:

- preparation of draft resolutions and recommendations and of parliamentary reports on varied topics relating to European cooperation in the human rights field: in particular, on different aspects of the implementation of the European Convention on Human Rights at the national and European levels, the rights of national and other minorities and international criminal law;

- fact-finding missions in situ and organisation of colloquies and hearings in cooperation with the parliamentary rapporteurs;

- regular contacts with judicial, parliamentary and governmental authorities and with representatives of civil society in many member countries;

- presentations to study visitors (parliamentarians, judges and prosecutors, lawyers and representatives of human rights NGOs

V.       Public activities

a. Public office

see above II. and III.

b. Elected posts

none

c. Posts held in a political party or movement

Chair of the local group of the federation of Christian Democrat Students at the University of Passau (1979/80)

VI.       Other activities

a. Field

b. Duration

c. Functions

1.a. Education; b. since 2009; c. Parents’ representative at the European School of Strasbourg

2.a. Trade union activity b. 2006/2008; c. Member of the Bureau of the Council of Europe section of the European Public Service Union (FFPE)

VII.       Publications and other works

“Status und Schutz des frühen Embryos bei der In-vitro-Fertilisation in rechtsvergleichender Sicht”, Frankfurt/Main, 1987

Many contributions to colloquies and conferences on European cooperation in the field of human rights, for example:

European Law Students’ Association/University of Passau, colloquy on “Demokratie – Wahrheit oder Wunschvorstellung?” (Democracy – reality or wishful thinking?), under the patronage of the President of the Federal Constitutional Court, contribution on “The situation of democracy and human rights in Eastern Europe (in particular in Russia and Belarus)” (6./8.11.2009)

Transparency International, International Expert Round Table on “Improving the protection of whistleblowers” (Prague, 8./9.7.2009), panelist on the legal environment, including relevant ECHR standards

Deutscher Strafverteidigertag (German Convention of Defense Lawyers), Munich 29.2./2.3.2008, panelist on “Protection of human rights in the fight against terrorism”

VIII.       Languages

(Requirement: an active knowledge of one of the official languages of the Council of Europe and a passive knowledge of the other)

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

German

(mother tongue)

¨

¨

¨

¨

¨

¨

¨

¨

¨

 

 

 

 

 

 

 

 

 

 

b. Official languages:

 

 

 

 

 

 

 

 

 

– English

x¨

¨

¨

x¨

¨

¨

x¨

¨

¨

– French

x

¨

¨

x

¨

¨

¨x

¨

¨

c. Other languages:

 

 

 

 

 

 

 

 

 

...Dutch

¨

¨

x¨

¨

¨

¨

¨

¨

¨

...Russian

¨

¨

x

¨

¨

¨

¨

¨

¨

IX.       In the event that you do not meet the level of language proficiency required for the post of judge in an official language, please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

n/a

X.       Other relevant information

As an “Altstipendiat” (alumnus) of the Konrad Adenauer Foundation, I regularly participate in the foundation’s educational activities.

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

I already live in Strasbourg, and would remain here if elected.

Prof. Dr. Bertram SCHMITT

CURRICULUM VITAE

I. Personal details

Name, forename       Prof. Dr. Schmitt, Bertram

Sex       Male

Date and place of birth       9. September 1958 in Dieburg

Nationality       German

II. Education and academic and other qualifications

03.2000 to present day       Honorary professor for criminal law, criminal procedure law and criminology

10.1993 – 02.2000       Lecturer

07.1988 – 01.1991       Scientific assistant

07.1988       Final State Examination in Law

07.1985       Doctor`s degree

12.1983       First State Examination in Law

10.1977- 03.1978 and       Law Studies

10.1979- 12.1983       Faculty of Law, University of Frankfurt, Germany

III. Relevant professional activities

a. Description of judicial activities

08.2009 to present day       Ad hoc judge at the European Court of Human Rights

05.2005 to present day       Judge at the Bundesgerichtshof

      Bundesgerichtshof, Karlsruhe; Germany

01.2008 to present day       Member of a Criminal Senate of the Bundesgerichtshof

05.2005 – 12.2007       Member of a Civil Senate of the Bundesgerichtshof which has special jurisdiction for cases relating to banking law and stock exchange law

05.2005 – 06.2008 parallel       Investigating judge at the Bundesgerichtshof (competent for crimes against the security of the state including those of terrorist groups)

04.1999 – 05.2005       Chief Judge at the Landgericht (Regional Court)

      Landgericht Darmstadt, Germany

01.2000 – 05.2005       - Juvenile division and the division for the protection of young persons - Alternate criminal division for offences of homicides by adults

05.1999 – 12.1999       - Criminal division for serious crimes of adults

04.1993 – 04.1999       Judge at the Landgericht (Regional Court)

09.1997 – 05.1998        Delegated Judge at the Oberlandesgericht (Higher Regional Court)

      Oberlandesgericht Frankfurt, Germany

02.1991 – 04.1993       Judge

b. Description of non-judicial legal activities

06.2009 to present day       German member of the Joint Supervisory Body of Eurojust

      The Hague, Netherlands

06.2008 to present day       Press Officer of the Bundesgerichtshof (Supreme Federal Court of

11.2007 to present day       Lectures on law of criminal procedure

      German Academy for Judges, Wustrau, Germany

10.1993 to present day       Lectures on criminal law, law of criminal procedure, criminology and criminal law relating to young offenders

      University of Würzburg, Germany

11.2008        Lecture “Ursachen der Jugendkriminalität” (Causes of juvenile delinquency) at the Istanbul Universitesi Hukuk Fakültesi
Istanbul, Turkey

10.2007       Lecture on banking law

c. Description of non-legal professional activities

IV. Activities and experience in the field of human rights

08.2009 to present day       Ad hoc judge at the European Court of Human Rights

01.2008 to present day       Member of a Criminal Senate at the Bundesgerichtshof

05.2009       Lecture “Das Konfrontationsrecht nach Art. 6 Abs. 3 d EMRK” (The right to call and cross-examine witnesses in Art. 6 § 3 d ECHR) at the Federal High Court of Justice in Karlsruhe in front of judges of the Yargitay (Turkish Supreme Court)

2008/2009       Exchange of ideas including the discussion of human rights matters with foreign delegations visiting the Federal High Court of Justice in Karlsruhe (e. g. with members of the Constitutional Courts from Turkey, Indonesia and Kosovo as well as with public prosecutors of the Russian Attorney General`s Office including the Attorney General of Russia)

04.2008       Lecture in front of defence lawyers „Die überlange Verfahrensdauer und das Beschleunigungsgebot in Strafsachen“ (The principle of conducting proceedings expeditiously and without undue delays – Art. 5 § 3 and Art. 6 § 1 ECHR)

09.1997 – 06.1998       Delegated Judge at the Frankfurt Higher Regional Court

V. Public activities

a. Public office

b. Elected posts

c. Posts held in a political party or movement

VI. Other activities

a. Field

b. Duration

      -

c. Functions


VII. Publications and other works

1. Books

Körperverletzungen bei Fußballspielen (1985)

- Bodily harm during football games (A criminological study with special regard to the penal power of

football associations)

Die richterliche Beweiswürdigung im Strafprozeß (1992)

– The judicial consideration of evidence in criminal proceedings.

Kriminologie, Jugendstrafrecht, Strafvollzug (5. Auflage 2008)

– Criminology, criminal law for young persons, penal system (textbook for students)

Satzger/Schmitt/Widmaier: StGB. Strafgesetzbuch. Kommentar (1. Auflage 2009, Mitherausgeber)

– Criminal Code. Legal commentary (Co-editor)

2. Articles

Zum Gutachten des psychiatrischen Sachverständigen aus der Sicht des Strafrichters (Archiv für Kriminologie Band 198, 38 ff.)

– Assessment of psychiatric opinions by criminal judges

Zu Rechtsprechung und Rechtswirklichkeit verfahrensbeendender Absprachen im Strafprozess (GA 2001, 411 ff.)

– Plea-bargaining in German criminal proceedings

Zur räumlichen Geltung des deutschen Strafrechts bei Straftaten im Internet (Festschrift 600 Jahre Würzburger Juristenfakultät 2002, 357 ff.)

– Territorial application of the German criminal law for internet offences

Straf- und Strafverfahrensrecht (Mainzer Rechtshandbuch der Neuen Medien 2003, 409 ff., Mitverfasser: R. Eschelbach und K. Wasserburg)

– Criminal law and law of criminal procedure (concerning the law of the media – co-author)

Die überlange Verfahrensdauer und das Beschleunigungsgebot in Strafsachen (StraFO 2008, 313 ff.)

- The principle of conducting proceedings expeditiously and without undue delays (Art. 5 § 3 and Art.6

§ 1 ECHR)

Zur Untreue durch Kreditbewilligung (Festschrift für Gerd Nobbe 2009, 1009 ff.)

– Embezzlement by giving credit (concerning banking institutions)

VIII. Languages

(Requirement: an active knowledge of one of the official languages of the Council of Europe and a passive knowledge of the other)

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

...German.......................

x¨

¨

¨

x¨

¨

¨

x¨

¨

¨

 

 

 

 

 

 

 

 

 

 

b. Official languages:

 

 

 

 

 

 

 

 

 

– English

x

¨

¨

x¨

¨

¨

x

¨

¨

– French

¨

x

¨

¨

x¨

¨

¨

x

¨

c. Other languages:

 

 

 

 

 

 

 

 

 

Spanish..........................

x

¨

¨

¨

x

¨

¨

x¨

¨

Italian.............................

¨

x¨

¨

¨

¨

x¨

¨

¨

x¨

....................................

¨

¨

¨

¨

¨

¨

¨

¨

¨

IX. In the event that you do not meet the level of language proficiency required for the post of judge in [the second] official language, please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

X. Other relevant information

      -

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

I will take up permanent residence in Strasbourg if elected.

Vincent Anthony De GAETANO

CURRICULUM VITAE

(as per Appendix I to Parliamentary Assembly Resolution 1200 (1999)

referred to in the call for applications)

I.       Personal details

NAME       Vincent Anthony De Gaetano

SEX       Male

DATE AND PLACE OF BIRTH       17 August, 1952 -- Malta

NATIONALITY       Maltese

MARITAL STATUS       Married to Marie-Therese Ambrogio

II.       Education and academic and other qualifications

EDUCATION

Jesuit College of St. Aloysius (Malta) (1961-1968);

Junior College of the Royal University of Malta (1968-1970);

Royal University of Malta (1970-1975);

University of Cambridge (Gonville and Caius College) (1976-1979).

ACADEMIC QUALIFICATIONS

Diploma of Notary Public (1974) (Royal University of Malta);

Degree of Doctor of Laws (LL.D., thesis in Public International Law, “The Genuine Link Theory in Dual Nationality in International Law”) (1975) (Royal University of Malta) (First in order of merit in years 1, 2 and 3; second in year 5);

Diploma in Criminology (papers in sociology, psychiatry and psychology, methodology and criminal law; dissertation in penology) (1977) (University of Cambridge) (Third in order of merit);

Called to the Bar in Valetta, Malta, January 1976.

III.       Relevant professional activities

PROFESSIONAL APPOINTMENTS AND EXPERIENCE

Senior Counsel for the Republic in the Attorney-General’s Office, Malta, July 1979;

Assistant Attorney-General, August 1988;

Deputy Attorney-General, July 1989 to March 1994 (in the above three posts, responsible for general legal advice to Government in matters of public law; principal prosecutor before the Criminal Court and Court of Criminal Appeal; contributed also to legislative drafting particularly in the fields of public law and criminal law);

Judge, Superior Courts, Malta, March 1994 to August 2002 (ordinarily sitting in the Court of Criminal Appeal and in the Criminal Court; also in the First Hall of the Civil Court to try constitutional redress applications in first instance, and in the Second Hall (Court of Voluntary Jurisdiction) of the Civil Court; formerly ordinarily sitting in the First Hall of the Civil Court to try separation, marriage annulment, custody and maintenance cases in first instance).

Chief Justice and President of the Constitutional Court, of the Court of Appeal and of the Court of Criminal Appeal, 26 August 2002 to date.

TEACHING AND RELATED EXPERIENCE

Supervised undergraduates in Criminology from Fitzwilliam College, Cambridge, Lent and Easter terms, 1979;

Visiting Lecturer in Criminology/Administration of Justice, Department of Economic and Social Studies/Faculty of Management Studies, University of Malta, January 1980, October 1980 to January 1981, February 1985 to January 1986;

Visiting Lecturer, Workers’ Participation Development Centre, University of Malta, June 1986;

Examiner (Malta Government, Local Examinations Branch) in Sociology (1980), Law (1981), Law of Evidence and Forensic Medicine (1983);

Visiting Lecturer in Sociology of Deviance and Law, Department of Social Studies, University of Malta, and at the Institute of Philosophy and Human Studies of the Faculty of Theology, Archdiocese of Malta, 1986 to 1988;

Visiting Lecturer in Criminal Law, Faculty of Laws, University of Malta, 1987 to 1991; Lecturer, November 1991; Senior Lecturer, January 1994 to March 2003 (on non-remunerative basis since judicial appointment in March 1994); Honorary Senior Lecturer, March 2003 to date;

Taught Criminal Law and Law of Criminal Procedure, Malta Police Academy/Police G.H.Q., 1982, 1983 and 1984; and at the Police Academy, Fort St. Elmo, 1988, 1989 and 1990; taught also special course on prosecution to Police Cadets, 1991, 1992;

IV.       Activities and experience in the field of human rights

As Senior Counsel for the Republic, Assistant Attorney-General and Deputy Attorney-General, I appeared for the Government in human rights cases (both with respect to the human rights provisions in the Constitution of Malta and, later, the provisions of the European Convention on Human Rights as incorporated in the European Convention Act, Ca. 319 of the Revised Edition of the Laws of Malta) before the First Hall of the Civil Court and before the Constitutional Court. As a judge sitting in the First Hall of the Civil Court, I tried human rights cases in first instance. As Chief Justice and President of the Constitutional Court, I sit with two other judges to try all human rights cases at the appellate stage.

As Senior Lecturer in the Department of Criminal Law of the Faculty of Laws of the University of Malta, I have taught certain aspects of human rights in connection with substantive Criminal Law and the Law of Criminal Procedure. More recently I have lectured on human rights as guest of City Montessori School, Lucknow, India.

V.       Public activities

Regular contributor and local correspondent, Commonwealth Law Bulletin, 1980 to 1987;

Participated in U.S. International Visitor Program (courts and correctional institutions in the U.S.A.), September 1986;

Member of the ad hoc Committee of Experts on the Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR) of the Council of Europe, 1988 to 1994;

Malta’s representative on the Steering Committee on Legal Co-Operation (CDCJ) of the Council of Europe, 1988 to April 2000; Vice-Chairman, November, 1995 to December 1997; Chairman, January 1998 to December 1999;

Chairman of the Multidisciplinary Group on Corruption (GMC) of the Council of Europe, 1995 to December 1997;

Representative of the Steering Committee on Legal Co-Operation (CDCJ) on the Multidisciplinary Group on Corruption (GMC), December 1999 to October 2001, and on The Group of States Against Corruption (GRECO), December 1999 to February 2004;

Participated as an expert in a Council of Europe mission to Yerevan, Armenia, within the Octopus Programme to study the legislative and institutional framework against corruption, organised crime and money laundering in that country, July 2001;

Participated as an expert in a Council of Europe mission to Baku, Azerbaijan, to advise on the draft “Anti-Corruption Practices Law” of the Republic of Azerbaijan, October 2001;

Formerly member of the inter-departmental committee on computerised legal data processing at the law courts (Malta);

Formerly member of the inter-ministerial committee for the setting up of an Approved School in Malta;

Attended two month course for Senior Government Legal Advisers between February and April 1992 at the Institute of Advanced Legal Studies of the University of London on legislative drafting, constitutional and administrative law and international commercial transactions (bursary awarded by the British Foreign and Commonwealth Office);

Visited legal institutions in London and Edinburgh between the 20 and 25 April 1992 on an Overseas Visitors Programme organised by the British Foreign and Commonwealth Office.

Founding member of the Association of Judges and Magistrates of Malta.

Member of the Commission for the Administration of Justice (elected from among the judges), April 2002 to August 2002; ex officio Deputy Chairman of the said Commission upon becoming Chief Justice in August 2002.

VI.       Other activities

I represent Malta on the European Conference of Constitutional Courts, on the Network of Presidents of Supreme Judicial Courts of the European Union, and on the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union; I also represent the Judicial Studies Committee (the body responsible for the training of judges and magistrates in Malta) on the Lisbon Network.

As for other papers, allocutions etc., see www.judiciarymalta.gov.mt under “The Judiciary > Speeches by the Chief Justice” and under “Other Information > Documents ”.

VII.       Publications and other works

On the Status of the Holy See in International Law, Law Journal (Malta University Press), Vol. III, Dec. 1973, pp. 19-22;

Some Thoughts on Natural Law and Contemporary Society, ibid., Vol. IV, Jan. 1975, pp. 23-37;

Violence in Context, ibid., Vol. VIII, 1977, pp. 37-59;

From Approved Schools to Community Homes - An English Exercise in Cosmetic Terminology?, International Journal of Comparative and Applied Criminal Justice (Wichita University), 1978, Vol. II, no. 2, pp. 153-170;

Building and Judicial Interpretation, The Architect (Malta Chamber of Architects and Civil Engineers), Nov. 1980, no. 5, pp. 19-24;

Criminal Law and the Protection of the Individual, De Jure (Crest Publishing Ltd., Malta), Vol. I, Autumn 1982, pp. 25-31;

Calleja v. Balzan: Reflections on Public Order, Id-Dritt/Law Journal (Law Students Association, University of Malta), Vol. X, Autumn 1983, pp. 13-42;

Public Meetings and English Courts: A Historical Note, Il-Pulizija (Malta Police Association), Vol. 4 no. 2 to Vol. 5 no. 1 (1983/1984);

Attorney-General, magistrates and the police: the Maltese sys¬tem, Commonwealth Law Bulletin (Commonwealth Secretariat, Lon¬don), 1989, Vol. 15, pp. 301-309;

The Doctor in Court – An Overview, Id-Dritt/Law Journal (The Law Society, Għ.S.L., University of Malta), Vol. XVII, 1999, pp. 17-27;

Selected Criminal Cases for Students – Vol. I [1994], (with S. Tonna Lowell) (The Law Society, Għ.S.L., University of Malta), 1999.

Selected Criminal Cases for Students – Vol. II [1995], (with S. Tonna Lowell) (The Law Society, Għ.S.L., University of Malta), 2000.

Drug-Related Crime and Criminal Justice Issues in Malta, Id-Dritt (The Law Students’ Society, Għ.S.L., University of Malta), Vol. XVIII, 2002, pp. 101-108.

VIII.       Languages

First Language:        Maltese – Reading VG, Writing VG, Speaking VG

Official Languages:        English – Reading VG, Writing VG, Speaking VG

              French – fair to good reading knowledge only

Other Languages:        Italian – Reading VG, Writing VG, Speaking VG

              Latin – fair reading and writing knowledge only

[Ref: Resolution 1646 (2009) – Item IX – In the event that I am found not to meet the required level of language proficiency in an official language, I confirm my intention to follow intensive language classes of the language concerned prior to, or at the beginning of, the term of duty if elected.]

X.       Other relevant information

Italian Government Travel Bursary for excellence in Italian language, September 1969;

Malta Government Scholarship tenable at the Royal University of Malta for three academic years, 1971 to 1974;

Association of Commonwealth Universities Scholarship, origi¬nally awarded for one-year post graduate course in Criminology (1976-1977), subsequently extended up to July, 1979 for research into comparative aspects of Police Powers and Public Order under the direction of the late Professor Sir David G. T. Williams, then Reader in Public Law, Emmanuel College, Cambridge;

Fellow of the Salzburg Seminar in American Studies (Schloss Leopoldskron, Salzburg, Austria) for the 199th. session (July, 1980) on Ameri¬can Law and Legal Institutions;

Offers of teaching posts from the University of the West Indies and from the University of Canterbury (Christchurch, New Zealand), June 1979.

Decorations: Order of the Cross of Terra Mariana, I Class (Republic of Estonia); Grand Officer in The Order of the Three Stars (Republic of Latvia); Cavaliere di Gran Croce dell’Ordine al Merito della Repubblica Italiana; Grand Officer of the Order of the Republic of Tunisia; Grand Cross of the Order of Merit of the Republic of Cyprus; Grand Cross Order of Merit of the Republic of Hungary (Civil Division); Grand Cross 1st Class of the Order of Merit of the Federal Republic of Germany.

XI. Confirmation

I confirm that I will take up permanent residence in Strasbourg if elected a judge on the European Court of Human Rights.

8-10-2009

THE HON. MR. JUSTICE JOSEPH A. FILLETTI

BA, LL.D., A.R.HIST.S. (Lond.)

CURRICULUM VITAE

I. Personal Details

Name:       FILLETTI, Joseph Alfred

Sex:       Male

Place and date of birth:       MALTA, 6 March 1946

Nationality:       Maltese

II. Education

Tertiary Education:

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 Degree (LL.D) (1971)

III. Relevant Professional activities

(a) Details of judicial appointments:

Judge, Constitutional Court and Court of Appeal (Superior Jurisdiction), Malta

Judge, Court of Criminal Appeal (Superior Jurisdiction)

Judge “ad hoc”, European Court of Human Rights, Strasbourg (Cases 17209/02; 26111/02)

Magistrate, Courts of Magistrates of Judicial Police, Malta (1979 – 1984)

Elected Member, Commission for the Administration of Justice (2002-2004)

President, The National Association of Judges and Magistrates of Malta (2002-2006)

(b) Professional Posts and Experience:

National Rapporteur, European Sourcebook of Crime and Criminal Justice Statistics

Fellow, Salzburg Seminar on American Law and Legal Institutions

Member, International Association of Judges (IAJ)

Member, Commonwealth Association of Judges (CMJA)

Judicial Coordinator, Law Courts Library, Superior Courts, Malta

Vice-President, International Law Association (Malta Branch) (1996 - 1999)

Council Member, Executive Committee on Arms Control and Disarmament Law International Law Association (ILA) (1996 - 1999)

(c) Educational/Social Activities

President, Alliance Francaise de Malte

Associate Member, Royal Historical Society (University College London)

Elected Member, Akkademja tal-Malti

IV. Activities and experience in the field of Human Rights

(a) Significant Appointments/Nominations:

Ad hoc Judge, European Court of Human Rights, Council of Europe, Strasbourg

Visiting Lecturer, Mediterrenean Masters in Human Rights and Democratisation, University of Malta

Judge Nominee, New European Court of Human Rights, Strasbourg, 1998, 2004 and 2006.

Recommended as First Preference Candidate by Selection Board in 1998 and voted second by

Parliamentary Assembly.

Elections for 2004 and 2006 were not held.

(b) Public Activities in Human Rights

Chairperson, Multi-Sectoral Group Against Trafficking in Human Beings for the Purpose of Sexual Exploitation, Council of Europe, 1997-1999

Key-note Speaker, OSCE, Mediterrenean Seminar on the Human Dimension of Security, Promoting Democracy and the Rule of Law, Valletta Conference,1998

Guest Speaker, Wilton Park Euro-Mediterrenean Conference Strengthening Democracy and Respect for Human Rights, United Kingdom, 1998

Delegate, European Regional Colloquy – In Our Hands – Th effectiveness of human rights protection, 50 years after the Universal Declaration, Strasbourg, 1998

Article Reviewer, Mediterrenean Journal of Human Rights Journal, CEDAM, 1997

Delegate, 7th International Colloquy on the European Convention on Equality and Non-Discrimination, Copenhagen, Oslo, Lund, 1990

Participant, Multi-Regional Project on The United States: A Pluralistic Society, US Visitors’ Program, USA, 1983

V.       International conference participation (selection)

Delegate Rapporteur, Colloque des Cours des Etats de l’Union Europeene, Paris, 2004

Delegate, Colloque du Bicentenaire du Code Civil Francais, Paris, 2004

Delegate Rapporteur, Judiciaries in the EU: Prospects for Cooperation, The Hague, 2003

Guest Intervenor, Inaugural Meeting, European Commercial Judges Forum, London, 2003

Participant, The Changing Faces of International Legal Cooperation in the 21st Century, Commonwealth Law Conference, ChristChurch College, Oxford, UK, 2001

National Director, Organization for the Prohibition of Chemical Weapons (OPCW)The Hague, (1997 - 2000)

VI .       Academic experience (selection)

Visiting Lecturer and External Examiner, University of Malta (since 1980 - )

Faculty of Laws, Department of International Law

Faculty of Arts, Department of International Relations

Guest Lecturer, International Maritime Law Institute (IMO) on International Organizations/ Peaceful

Settlement of Disputes

VII .       Other activities (Council of Europe)

Head of Delegation and Bureau Member, European Committee on Crime Problems (CDPC),

Strasbourg, 1988-2000

Rapporteur, Council of Europe, Themis Plan, Multilateral Meeting on Judicial Systems in a period of transition, Budapest (1995)

Delegate: 20th Conference, Budapest (1996) on Efficiency and Fairness of Civil, Criminal and Administrative Justice

21st Criminological Research Conference (1996) on Countries in transition: Effects of political, social and economical change on crime and criminal justice;

Fifth Conference on Crime Policy, Strasbourg (1995)

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

11th Criminological Colloquium on Crime and Economy (1994)

20th Criminological Research Conference (1993) on Psychosocial interventions in the Criminal Justice System

19th Criminological Research Conference (1990) on New Social Strategies and the Criminal Justice System

Legal Expert: Committee of Experts on the Role of the Public Prosecutor, (1997),

Reflection Group on the CDPC’s Future Work Programme, Strasbourg, 28-29, September, 1998.

VIII.       Publications (Selection)

i.       Publications in conjunction with Council of Europe:

The Constitutional, Statutory and Institutional Safeguards of the Impartiality of Judges and of Judicial Independence/ Les Garanties Constitutionnelles, Legislatives et Institutionnelles de l’impartialité des Juges et de l’indépendance de la Justice -

Judicial Systems in a period of Transition, Themis No.3, Council of Europe Publishing, 1997, pp.79 – 91

European Sourcebook of Crime and Criminal Justice Statistics, National Correspondent for Malta, 2003

ii.       Other legal publications:

The Maltese Judiciary, A Treatise on Compared Judicial Organization, IAJ Publication, National Contributor, Zurich, Bruxelles, 1999

Gabra ta’ Appelli Kriminali (Criminal Appeals Annotated), Malta, 1987

The Rule of Law: International Commitments and National Institutions, Id-Dritt, Law Journal, Malta, vol XVII, pp.29 -40, 1999

The Place of Mediation in Commercial Litigation, Law and Practice Journal, Chamber of Advocates, Malta, 2004

iii.       Literary works/historical research

Short Stories Collections: Imhabba Qarrieqa (1982); Roulette (1984); Id-Dar tat-Torri (1986), PEG Publications, Malta

La Polemica nella Stampa Maltese per la Visita di Giuseppe Garibaldi a Malta nel 1864, Papers in Mediterrenean Social Studies, Malta, 1998

VIII.        Language skills

 

Language

Reading

Writing

Speaking

First Languages

Maltese

Very Good

Very Good

Very Good

Official Languages

English

Very Good

Very Good

Very Good

French

Very Good

Good

Good

Italian

Very Good

Very Good

Very Good

Other Languages

Chinese (Mandarin)

Beginner

Beginner

Beginner

Latin

Fair

----

----

IX.        Other relevant information

(i)       Previous Appointments/Posts held:

(ii)       Honorary Titles/Insignia:

X. Confirmation of permanent residence in Strasbourg

I confirm that I will take up permanent residence in Strasbourg if elected a judge to the European Court of Human Rights.

_____________________

Joseph A. Filletti

Abigail LOFARO

CURRICULUM VITAE

I.       Personal Details

Name:       Abigail Lofaro ne◘e Attard

Sex:        Female

Date and Place of Birth:        16.09.61, Malta

Marital Status:       Married to Dr Pierre Lofaro

II.       Education and academic and other qualifications

EDUCATION

CONVENT OF THE SACRED HEART       (1972 – 1977)

DE LA SALLE COLLEGE       (1977 – 1978)

UNIVERSITY OF MALTA       (1978 – 1984)

Metropolitan Tribunal of Malta, Archbishop’s Curia       (1994 – 1995)

UNIVERSITY OF MALTA       (1999 – 2001)

ACADEMIC QUALIFICATIONS

Diploma of Notary Public (1982) (University of Malta)

Degree of Doctor of Laws (LL.D; thesis in Civil Law

Diploma in Canonical Marriage cases, Jurisprudence and Procedure

Degree of Magister Juris in European and Comparative Law

Called to the Bar in Valletta, Malta, May, 1984

III.       Relevant Professional activities

a. JUDICIAL ACTIVITIES

1996 – 2006:       Magistrate: presiding over the Court of Magistrates as a Court of Criminal Inquiry and as a Court of Criminal Judicature, presiding also over the Court of Magistrates in its Civil Jurisdiction.

Since 2006:       Judge of the Superior Courts of Malta, trying civil and commercial cases and Constitutional redress applications in first instance. Sitting on a number of occasions on the Court of Appeal (Superior Jurisdiction) and on the Court of Criminal Appeal (Superior Jurisdiction), in cases when one of the Judges sitting on the Court of Appeal in its Civil and Criminal jurisdiction, respectively, cannot hear a particular case.

b. NON-JUDICIAL LEGAL ACTIVITIES

Counsel to the Housing Department, Malta 1984 to 1986, responsible for general legal advice and for handling all court cases in which the department was involved, whether as plaintiff or as defendant.

Counsel at The Law Revision Commission 1987 to 1990, responsible for overseeing the correct amendment to the principal laws of Malta by the Commission, for the eventual publication of the Revised Edition of the Laws of Malta.

Private Practice Law Firm Grech & Associates 1991 to 1996, dealing, also before the Courts, with civil, commercial and family law cases, and appearing before the Metropolitan Tribunal in marriage annulment cases.

c. NON-LEGAL PROFESSIONAL ACTIVITIES

Acting Housing Secretary and Acting Secretary to the War Damage Commission 1986 to 1987, acting head of the Housing Department, responsible for the allocation of housing units to deserving social cases, such as to the homeless, the unemployed, the infirm, handicapped or elderly persons, single parent families or persons inhabiting dilapidated, sub-standard or dangerous structures.

Private Secretary to the Parliamentary Secretary responsible for Social Accommodation 1990 to 1991, responsible for the drafting of social housing accommodation schemes and for the compilation of annual reports on the workings of the Secretariat.

IV.       Activities and experience in the field of human rights

As Magistrate, I delivered a number of decrees upon applications requesting the Court of Magistrates to refer a matter regarding fundamental human rights to the First Hall of the Civil Court, determining whether or not the raising of the question was merely frivolous or vexatious.

As a Judge of the Superior Court, I try constitutional cases in the first instance. I also try constitutional cases referred to my Court by the Court of Magistrates as described above, and cases referred to my Court by the Criminal Court and by the Court of Appeal, in its Civil and in its Criminal Jurisdiction, upon applications made in that Court regarding the fundamental rights and freedoms of the individual, when that Court is of the opinion that the matter is not merely frivolous or vexatious.

V.       Public Activities

In May 2004 I was appointed by the Deputy Prime Minister as a Board of Inquiry (acting as a single person), in accordance with the Inquiries Act, to examine the entire process which led to the deportation of Eritrean nationals from Malta in September / October 2002. In accordance with my terms of reference, I examined various witnesses and several documents which were exhibited. I submitted my report to the Deputy Prime Minister in September 2004.

Since 2003 I am Member of the Association of Members of the Judiciary of Malta.

VI.       Other activities

I am the national representative on the European Association of Labour Court Judges (EALCJ) and attend various conferences and annual general meetings of the EALCJ.

I have also attended meetings organised by the ILO.

I attended a seminar for Judges organized bye the OHIM (The Office for Harmonisation in the Internal Market – Trade Marks and Designs), held in Malta, in 2007.

I attended an ERA (the Academy for European Law) Conference in Trier, Germany, in 2007 on the Fight against Discrimination – The Equal Treatment Directives of 2000.

In 2008, I attended a Seminar of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union : “The Administrative Judge and the European Law about Environment”, held in Brussels, Belgium.

In 2008, I attended an OHIM seminar on Trademarks and Design Litigation, in Alicante, Spain.

VII.       Publications and other works

VIII.       Languages

a) First language :       Maltese – Reading VG, Writing VG, Speaking VG.

b) Official languages :       English – Reading VG, Writing VG, Speaking VG.

      French – Reading VG, Writing G, Speaking fair.

c) Other languages :       Italian – Reading VG, Writing VG, Speaking VG.

      Latin - Fair reading knowledge only.

IX.       Other Relevant Information

See III, V and VI above.

X.       I confirm that I will take up permanent residence in Strasbourg if elected a judge on the European Court of Human Rights.

1        This text is taken from the Appendix to Parliamentary Assembly Resolution 1646 (2009).

2 This text is taken from the Appendix to Parliamentary Assembly Resolution 1646 (2009). Also available on the Parliamentary Assembly website: http://assembly.coe.int/CommitteeDocs/2009/ModelCVEN.doc.