Election of a member of the European Court of Human Rights in respect of the Netherlands[1]
Articles 38 to 40 of the Convention for the Protection of Human Rights and Fundamental Freedoms
Doc. 7581
17 June 1996
COMMUNICATION FROM THE COMMITTEE OF MINISTERS
Letter from the Secretary General to the President of the Assembly, dated 11 June 1996
Madam,
The post of judge of the European Court of Human Rights in respect of the Netherlands will be vacant with effect from 1 July 1996 as Mr Sibrand Karel Martens has resigned from the Court as from that date. Consequently, it is necessary to proceed to the election of a judge of the Court 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 filling casual vacancies".
While examining the candidatures, the Committee of Ministers bore in mind the general contents of the pertinent texts adopted by the Assembly (see Resolution 655 and Recommendation 809).
The list of candidates drawn up by the Committee of Ministers at the 564th meeting of the Ministers' Deputies (May 1996) on the basis of the nominations made by the Government of the Netherlands is as follows:
1. Prof. Dr Petrus Van Dijk
2. Prof. Dr E.P. Von Brucken Fock
3. Prof. Dr Cornelis Flinterman
The biographical notes of the candidates are appended to this letter.
It should be noted that Article 40, paragraph 5, provides that a "member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term", and that Mr Martens' term of office expires on 20 January 2004.
However, I also draw your attention to Article 5 of Protocol No. 11 according to which the term of office of the judge to be elected will expire on the date of entry into force of the protocol.
...
Signed:
On behalf of the Secretary General
Pierre-Henri Imbert
Director of Human Rights
APPENDIX
Curriculum vitae
Petrus Van Dijk
Date and place of birth: 21 February 1943, De Lier, the Netherlands
Civil status: Married since 1969 to Francisca Genzina Maria Lammerts; two children
Present position
Since 1990: Member of the State Council of the Netherlands
Education
1961: Grammar School, Gymnasium St Willibrord, Deurne, the Netherlands
1966: LL.M., University of Utrecht
1966-67: Practical trainee with the Commission of the European Communities
1970-71: Fulbright-Hays Scholar for Advanced Research, University of Michigan, Law School, Ann Arbor, Michigan, United States of America
1976: Ph.D. (cum laude), University of Leiden
Professional career
1967-76: Senior Lecturer in the law of international organisations, University of Utrecht
1976-90: Professor of the law of international organisations and director of international legal studies, University of Utrecht
1978: Visiting Professor, Wayne State University, Law School, Detroit, United States of America
1981, 1983, 1988: Member of the Netherlands delegation to the 36th, 38th and 43rd sessions of the General Assembly of the United Nations
1983: Fulbright Visiting Scholar, University of California in Berkeley, Columbia University, Harvard University, University of Michigan, United States of America
Other functions
Member: Royal Netherlands Academy of Arts and Sciences
Member: Court of Appeal, The Hague (substitute)
Member: Court for Trade and Industry (substitute)
Chairman: Netherlands Institute of Human Rights
Chairman: Foundation on Inter-Ethnic Relations
Member: Advisory Board of the Netherlands Lawyers' Committee on Human Rights
Member: Board of Trustees of the Institute of Social Studies
Member: Board of Trustees of the Anne Frank Foundation
Member: Board of Trustees of the Antonius Hospital in Nieuwgein
Member: Board of Editors of the Netherlands Quarterly of Human Rights
Member: Board of Editors of the Netherlands International Law Review
Main publications
Author:Judicial Review of Governmental Action and the Requirement of an Interest to Sue (1980)
Co-author: Theory and Practice of the European Convention of Human Rights (2nd ed. 1990)
Supervisory Mechanisms in International Economic Organisations (1984)
E.P. Von Brucken Fock
Professor Von Brucken Fock was born in The Hague on 17 May 1946. He is married with two children, aged 22 and 24.
Grammar school certificate (science subjects), 9 June 1964
Law degree, 7 February 1970
Head of wing at De Sprang juvenile remand centre in The Hague, 11 May 1970 to 31 December 1970
Administrative officer (criminology) at the University of Leiden, 11 February 1971 to 14 April 1972
Study at the Max Planck Institute in Freiburg, 15 April 1972 to 14 February 1973
Lecturer in criminal law at the University of Amsterdam, 1 March 1973 to 31 August 1978
Judge's clerk at the Criminal Division of the Supreme Court, 1 September 1978 to 8 May 1982
Judge at The Hague District Court (up to 31 August 1984 as a judge in the family division; from 1 September 1984 as a children's judge), 10 May 1982 to 21 September 1986
Vice-President of The Hague District Court (co‑ordinator of juvenile sector), 22 September 1986 to 11 September 1988
Justice of The Hague Court of Appeal (between 1 September 1988 and 31 August 1992, seconded as senior adviser to the Public Law Legislation Division of the Ministry of Justice), 12 September 1988 to present
Co-ordinating Vice-President of The Hague Court of Appeal (President of the family sector), 23 August 1994 to present.
Other positions
� Member of the board of the Family and Juvenile Law Association, 16 December 1987 to 19 December 1990
� Secretary of the family and juvenile division of the Netherlands Association for the Administration of Justice and co‑ordinator of the children's judges working group, 30 October 1987 to 9 November 1989
� Member of the supervisory committee for penal establishments in The Hague, October 1982 to November 1986
� Member of the board of the Pro Juventute/De Drieslag Foundation for The Hague and Leiden, 1 September 1992 to 31 December 1994
� Member of the board of the Dutch division of the International Social Service, 5 June 1986 to present
� Member of the Casinos Council, 1 April 1988 to 28 February 1991 and 1 August 1992 to 31 December 1995
� Member and general secretary of the Committee on the Revision of the Code of Criminal Procedure, 13 September 1988 to 7 December 1993
� Deputy Chair of the Committee on Hospital Orders and Sanctions for Psychologically Disturbed Offenders, 28 January 1992 to 27 June 1993
� Member of the Advisory Committee on Coping with Divorce, April 1994 to April 1995
� Chair of the Study Group on the Administration of Justice (family and juvenile law), March 1994 to present
� Member of the Academic Committee of the Netherlands Association for the Administration of Justice, November 1994 to present
� Holder of the endowed chair in the law of persons and family and juvenile law at the University of Leiden, 1 January 1995 to present
� Member of the editional board of the Tijdschrift voor Familie- en Jeugdrecht (Journal of Family and Juvenile Law), June 1995 to present
� Member of the executive board of the HALT project (alternative sanctions for young people), November 1994 to present
Publications:
A large number of articles in a wide variety of legal journals, and a number of books.
Cornelis Flinterman
Born: 3 November 1944. Married, two children
1. Education
LL.M. Degree, University of Leyden, the Netherlands (1969)
LL.M. Degree, University of Virginia, United States of America (1971)
Visiting scholar, Yale Law School, United States of America (1973)
Ph.D. Degree, University of Leyden, The Netherlands (1981)
2. Professional activities
� (Senior) lecturer in law (comparative and constitutional law, Leyden University, 1969‑70, 1971‑74, 1976‑78
� Visiting lecturer in law (comparative and constitutional law), University of Ghana, 1974-76
� Research associate of the Ghana Law Reform Commission, 1974-76
� Ministry for Foreign Affairs, Legal and Social Affairs Division, The Hague, 1979-81
� Professor of law (constitutional and international law), University of Limburg, the Netherlands, 1982-present; 1984-86 Dean of the Faculty of Law; 1986‑91, 1994‑present Chairman of the International Law Department; 1991-93 Chairman of the Board of Directors, Research Institute, Faculty of Law; 1992‑present Co‑director of the University of Limburg Research Centre for Human Rights.
3. Memberships
Present:
� Chairman of the Advisory Committee on Human Rights and Foreign Affairs of the Netherlands, Ministry of Foreign Affairs.
� Member of the Advisory Council of the African Centre for Democracy and Human Rights Studies, Banjul, The Gambia.
� Member of the Social Sciences Committee of the national Unesco Commission for the Netherlands.
� Member of the Editorial Board of the Netherlands International Law Review
� Member of the Advisory Board of the Netherlands' Foundation for health and Human Rights.
� Member of the Board of the Foundation Netherlands Institute for Human Rights (SIM, Utrecht)
� Member of the Board of the Foundation Netherlands Helsinki Committee
� Member of the Editorial Committee of the Netherlands Tijdschrift voor Gezondheidsrecht (Netherlands Review of Health Law)
� Member of the Advisory Committee on Questions of Public International Law of the Ministry of Foreign Affairs.
Past (among others):
� Alternate Member of the United Nations Sub-Commission for the Prevention of Discrimination and the Protection of Minorities, 1986-91
� Member of the Editorial Board of the Nederlands Tijdschrift voor de Rechten van de Mens (Netherlands Review of Human Rights, (1982-90))
� Vice-Chairman of the 49th session of the United Nations Commission on Human Rights, (1993)
� Head of the delegation of the United Kingdom of the Netherlands to the 49th and 50th session of the United Nations Commission on Human Rights, (1993 and 1994) and the World Conference on Human Rights, (1993)
4. Other past and present professional activities
Past (among others):
� Guest-lectures at the Universities of Poznan (Poland), Warsaw (Poland), Den Pasar (Indonesia), Colombo (Sri Lanka), Accra (Ghana), Lancaster (United Kingdom), Willemstad (Netherlands Antilles), Cincinnati (United States of America) and at the Ren� Cassin Institute (Strasbourg, France) and Asser College Europe (The Hague)
� External examiner: University of Lancaster (United Kingdom) (1987-90), University of Ghana (Accra, Ghana) (1986-89)
Present (among others):
� Member of the African Society of International and Comparative Law
� Member of the American Society of International Law
� Member of the International Law Association
� Member of the Netherlands Association of International Law
� Member of the Netherlands Lawyers Committee for Human Rights
� Member of the Netherlands Lawyers Association
� Member of the German Association for African Law
� Member of the Association of Alumni of The Hague Academy of International Law
� Substitute judge at the District Court of Maastricht
5. Publications
Books/reports:
� De Act of State Doctrine (doctoral dissertation, 1981), Antwerp, 1981
� Human Rights in Ghana, Utrecht, 1985
� Co-editor of a number of books on topics of international law, in particular on the international protection of human rights
Articles:
� Articles, reports, etc. on issues of (comparative) constitutional law, international law, law of international organisations and international human rights law in various Dutch and non-Dutch journals and books.
[1]. See Docs. 918, 1361, 1652, 1856, 1968, 2063, 2120, 2272, 2314, 2877, 3010, 3171, 3231, 3240, 3315, 3388, 3461, 3594, 3599, 3700, 3811, 3901, 3915, 3966, 4141, 4459, 4515, 4604, 4653, 4654, 4819, 4996, 5387, 5489, 5498, 5619, 5833, 5861, 5925, 5987, 6083, 6153, 6269, 6407, 6415, 6467, 6468, 6542, 6596, 6601, 6657, 6913, 7021, 7033, 7034, 7207, 7258, 7330, 7447 and 7504.