Election of a member of the European Court of Human Rights in respect of Romania
(Articles 38 to 40 of the Convention for the Protection of Human Rights and Fundamental Freedoms)
Doc. 7616
12 July 1996
COMMUNICATION FROM THE COMMITTEE OF MINISTERS
Letter from the Secretary General to the President of the Assembly, dated 3 July 1996
Madam,
Romania became a member of the Council of Europe on 7 October 1993.
By letter of 16 February 1994, I transmitted a list of candidates for the election of a judge to the European Court of Human Rights in respect of Romania drawn up by the Ministers' deputies, at their 508th meeting (15 February 1994). This list was, however, never put before the Parliamentary Assembly. Subsequently, the Government of Romania informed the Ministers' Deputies that they withdrew the list of candidates and transmitted a new list. The new list was considered by the Deputies at their 570th meeting (1-2 July 1996).
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 threecandidates 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 Deputies' 570th meeting on the basis of the nominations made by the Government of Romania is as follows:
1. Mr Marin Voicu
2. Prof. Univ. Dr. Ioan Deleanu
3. Mr Viorel Anghel
The biographical notes of the candidates are appended to this letter.
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).
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 on Human Rights), however "(i)n order to ensure that, as far as possible one third of the membership of the Court shall be renewed every three years, the Consultative Assembly may decide, before proceeding to any subsequent election, that the term of office of one or more members to be elected shall be for a period other than nine years but not more than twelve and not less than six years" (Article 40, paragraph 3 of the Convention). Bearing in mind the objective referred to in Article 40, paragraph 3, it would be appropriate if the judge to be elected in respect of Romania were included in the group of members of the Court whose terms of office expire 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:
Daniel Tarschys
APPENDIX
Curriculum vitae
Marin VOICU
Personal data
Date of birth: 17 August 1944
Place of birth: Municipality of Lipoita, district of
Constanta, Romania
Place of work: Court of Appeal
Function: President
Civil status: Married
- Wife: Dumitra Voicu, a teacher
- Child: Daiana Voicu, an architect
Education
a. Doctorate in law from the civil-law faculty of Bucharest University. Doctoral thesis on the right of retention (not yet completed)
b. Post-graduate studies in maritime law (1982) and civil law (1975)
c. University studies at the law faculty of Bucharest University (1962-67)
d. Secondary education at a Lyc�e (1958-62)
e. General primary education (1951-58)
Linguistic proficiency
Very good French, adequate knowledge of English and Russian
Judicial career
a. President of the Constanta Court of Appeal since 1 July 1993, appointed by the Judicial Service Commission
b. Permanent judge at the Constanta Court of Appeal since 1 July 1993 by presidential decree
c. Judge at the Constanta District Court from 1985 to 1993:
President 1990-93
Vice-President 1985-90
d. Judge at the Constanta Court of First Instance from 1967 to 1985; president from 1973 to 1975
NB: My judicial duties in all these courts encompassed the main branches of law: criminal law, civil law, commercial law, maritime and fluvial law, family law and administrative law.
Other activities and posts
a. United Nations Association of Romania, Constanta branch, NGO, which aims to promote the ideals and objectives of the United Nations.
President, 1991
b. Constanta Society for Maritime Law
Secretary, 1990
c. Judicial Service Commission
Member of the first commission
Re-elected by parliament for a four-year term as a member of the present commission
d. "Ovidius" state university, Constanta
Lecturer in commercial law and environment law
Publications
Many works, studies and specialised articles and participation in seminars and scientific colloquies both in Romania and other countries.
Ioan DELEANU
Date and place of birth:
4 May 1937 at Borsa, Cluj department, Romania
Marital status:
Married (to Valentina Deleanu, judge at the Cluj Court of Appeal).
One child: Sergiu Deleanu, assistant at the Cluj Napoca Law Faculty.
Education/Training:
1963: Law degree, Law Faculty, Cluj.
1967: 1st in the country in qualifying examination for State Counsel taken at the end of training course.
1971: Doctor of Law, Law Faculty
Sept. 1992: Fellowship at the Institute of Comparative Law, Lausanne.
1994: NATO Fellowship, "Verification of the constitutionality of legislation in Romania" research programme.
Foreign languages:
French.
Career:
1963-1967: State Counsel, Cluj
1967: assistant at Cluj-Napoca Law Faculty (Constitutional law; Public international law).
1971: Lecturer (after open competition) at the Law Faculty.
1973: Senior Lecturer (after open competition).
1984-1988: Head of the Constitutional Law Department, Cluj Law Faculty.
1988-1990: Dean of the Cluj Law Faculty.
1990: Professor (after competition) at the Law Faculty; simultaneously practising as a lawyer in Cluj.
1990-1991: Expert member of the Constitutional Commission of the Constituent Assembly drafting the new Romanian Constitution. Participated in debates on this topic in Geneva (with UN experts) and in Bucarest (with experts from the Council of Europe, Venice Commission for Democracy through Law).
1993: Head of Private Law Department.
Member of the Faculty's Scientific Council.
Member of the Scientific Council of the Bucarest Institute.
Publications:
Many books and over 60 articles in Romanian and foreign journals.
Conference lectures:
in Romania, Switzerland, and the NetherlandsViorel ANGHEL
Date and place of birth
21 January 1954, Bucarest, Romania
Marital status:
Married, three children.
Education/Training:
1963-1973: Aurel Vlaicu School, Bucarest.
1973-1978: Law Faculty (Legal Department), Bucarest.
1983-1984: Postgraduate course in civil law, labour law, economic legislation and the law of civil procedure, Faculty of Law, Bucarest.
1988-1989: Postgraduate course in international law, international organisations and relations, Faculty of Law, Bucarest.
1990: Admitted to doctoral studies ("aspects of substantive law concerning partition") at the Faculty of Law, Bucarest.
1991-1992: Examinations for doctorate.
Foreign languages: French, English, Italian.
Career:
1978-1987: Judge at the Bucarest District Court.
1987-1990: Judge at the Bucarest Municipal Court (IVth Division - Civil)
1991-1992: Judge - Inspector at the Bucarest Municipal Court.
June 1992: Elected a Judge at the Supreme Court of Justice (Administrative Division).
1991-1992: Led seminars in civil law at a private university (AISTEDA).
Publications:
Various studies
Footnote: 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, 7504, 7580 et 7581.