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21 April 1992
Doc. 6601
COMMUNICATION FROM THE COMMITTEE OF MINISTERS
on the election of a member of the
European Court of Human Rights in respect of
the Republic of Poland
(Articles 38 to 40 of the Convention for the Protection
of Human Rights and Fundamental Freedoms)
Letter from the Secretary General to the President of the Assembly dated 15 April 1992.
Sir,
The Republic of Poland has been a Member of the Council of Europe since 26 November 1991. It is therefore necessary to proceed to the election of a judge of the European Court of Human Rights in respect of this country.
Article 39, paragraph 1, of the European Convention for the Protection of Human Rights and Fundamental Freedoms provides as follows: "The members of the Court shall be elected by the Assembly by a majority of the votes cast from a list of persons nominated by the Members of the Council of Europe; each Member shall nominate three candidates of whom two at least shall be its nationals". Paragraph 2 of the same Article provides that "as far as applicable the same procedure shall be followed to complete the Court in the event of the admission of new Members of the Council of Europe".
The list of candidates drawn up by the Committee of Ministers at the 473rd meeting of the Ministers' Deputies (2 April 1992), on the basis of the nominations made by the Government of the Republic of Poland, is as follows:
1. Mr Jerzy MAKARCZYK
2. Mr Boguslaw NIZIEŃSKI
3. Mrs Hanna WAŚKIEWICZ
The biographical notes of the candidates are appended to this letter.
It should be noted that "Members of the Court shall be elected for a period of nine years" (Article 40, paragraph 1, of the European Convention of Human Rights). The mandate of the judge to be elected should for this reason expire on 20 January 2001.
Finally it is to be noted that the Government of Poland indicated that in the event of Mr Makarczyk being elected, his governmental functions would cease, in accordance with Article 4 of the Court's Rules of Procedure.
Please accept, Sir, the assurance of my highest consideration.
signed: Catherine LALUMIERE
A P P E N D I X
Jerzy MAKARCZYK
I. Personal
Born July 24th 1938, Warsaw, Poland
Nationality: Polish
II. Academic degrees
LL.M. at the Law Faculty of the University of Warsaw, 1961. Doctor of Law, 1966, Thesis: structure and competences of assemblies of Western European international organisations.
Associate Professor, Institute of State and Law of the Polish Academy of Sciences, 1974.
Full Professor of Law, 1988.
III. Academic Position
Professor of public international law at the Polish Academy of Sciences.
IV. Subjects taught
Public international law
International organisations.
V. Professional experience
Visiting Professor, International Christian University, Tokyo
Senior visiting Fellow, St Anthony's College, Oxford.
Lectures at 15 Polish and foreign universities.
International Court of Justice, ad hoc legal expert on procedure
Member of the Legislative Council, Poland.
VI. Participation in international conferences
UN General Assembly.
Committee of Ministers of the Council of Europe, 1991, 1992
Consultative Assembly of the Council of Europe, Innsbruck.
Colloquies of the Hague Academy of International Law.
Conferences of the International Law Association.
A number of other conferences, political and academic.
VII. Member of political parties
None
VIII.Position in the academic community
President of the International Law Association 1988-90
Life Vice-President of the ILA
Member of the Mexican Academy of International Law
Member of the Permanent Court of Arbitration, The Hague
IX. Publications
Author and editor of four books and twenty studies and articles concerning public international law and the law of international organisations. In 1983-85 published articles opposing legislation on compulsory labour as contrary to the international obligations of Poland in the field of human rights.
X. Actual position
1989 appointed by Prime Minister T. Mazowiecki to the post of Under-Secretary of State at the Ministry of Foreign Affairs. 1990 promoted to the post of Secretary of State in that Ministry.
Boguslaw NIZIENSKI
I. Personal data
Born 2 March 1928, Vilnius.
Nationality: Polish
II. Academic degree
LL.M. Jagiellonian Univeristy, Cracow, 1950.
III. Professional experience:
Judge, District Court, Cracow, 1962.
Judge, High Court, Cracow, 1964.
Judge, High Court, Warsaw, 1971.
Ministry of Justice, Department of Judicial Supervision, 1971.
Relegated from the Ministry of Justice in December 1981 (martial law). In 1982 assigned to the High Court in Warsaw. In 1985 left the Administration of Justice for political reasons. In January 1990 rejoined the Administration of Justice, counsellor to the Minister of Justice.
In July 1990 appointed Judge of the Supreme Court and head of the section of extraordinary revisions within the Penal Chamber, charged with redressment of errors committed by the Administration of Justice during past decades under communist rule.
IV. Participation in international conferences:
International Congress of Criminology, Zakopane 1977, report: "The particiption of the social representative in the Administration of Justice in Poland".
Several scientific conferences in the field of penal law and administration of justice.
V. Publications
Several publications on the administration of justice and the liberalisation of penal law in Polish law journals "Nowe Prawo" (New Law), and "Problemy Wymiaru Sprawiedliwosci" (Problems of the Administration of Justice).
VI. Membership of political parties
None
VII. Languages
French and German
Mme Hanna WASKIEWICZ
I. Personal data
Born 2 April 1919, Warsaw, Poland.
II. Studies
1936-45 (with IInd World War intervening) law studies, Faculty of Law, University of Warsaw.
III. Academic degrees
Master of Law, 1945; Doctor of Law (in legal philosophy) 1946, Faculty of Law, University of Warsaw; habilitation (in legal philosophy); Professor in legal philosophy, 1978, Faculty of Christian Philosphy, Catholic University of Lublin.
IV. Teaching career
1945-49 - Assistant, Faculty of Law, University of Warsaw (Chair of Legal Philosophy)
1950-56 - Lecturer
1956-58 - Deputy professor
1958-78 - Docent
1978-80 - Professor of legal philosophy, Faculty of Christian Philosophy, Catholic University of Lublin
since 1980 - Professor of legal philosophy and human rights, Faculty of Social Sciences, Catholic University of Lublin
1958-80 - Head of the Chair for Legal Philosophy, Faculty of Christian Philosophy, Catholic University of Lublin
since 1980 - Head of the Department of Legal Philosophy and Human Rights, School of Social Studies, Faculty of Social Sciences, Catholic University of Lublin
1958-78 - Head of the Department of Social Philosophy, Faculty of Christian Philosophy, Catholic University of Lublin
1987-90 - Head of the School of Social Studies, Faculty of Social Sciences, Catholic University of Lublin
V. Research
until 1958 - history of legal and political philosophy
since 1958 - contemporary legal theories with special reference to natural theories
since about 1965 - human rights problems (human rights theories and their international protection).
VI. Publications
Many studies and articles on legal philosophy, natural law, human rights, etc.