8 March 1994

Doc. 7033

1403-24/2/94-1-E

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

on the election of one member of the

European Court of Human Rights in respect of

Romania1

(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 16 February 1994

Sir,

      Romania became a member of the Council of Europe on 7 October 1993. It is therefore necessary to proceed to the election of one 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 508th meeting of the Deputies (15 February 1994), on the basis of the nominations made by Romania is as follows:

      1.       Ioan Deleanu

      2.       Viorel Anghel

      3.       Marin Popa

      The biographical notes of the candidates are appended to this letter.

      It should be noted that members of the Court are elected for a period of nine years (Article 40, paragraph 1, of the European Convention on Human Rights), but that in order "to ensure that, as far as possible one-third of the membership of the Court shall be renewed every three years, the Assembly may decide, before proceeding to any subsequent election, that the term or terms 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). In order to maintain the balance between the different groups of mandates, the mandate of the judge to be elected would expire on 20 January 2004.

      .....

      Signed: Catherine Lalumière

Appendix

Ioan Deleanu

Date and place of birth:

      4 May 1937 at Borşa, 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:

1963-67:       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).

1984-88:       Head of the Constitutional Law Department, Cluj Law Faculty.

1988-90:       Dean of the Cluj Law Faculty.

1990:       Professor (after competition) at the Law Faculty; simultaneously practising as a lawyer in Cluj.

1991-91:       Expert member of the Constitutional Commission of the Constituent Assembly drafting the new Romanian Constitution. Participated in debates on this topic in Geneva (with United Nations 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, articles and lectures.

Viorel Anghel

Date and place of birth:

21 January 1954, Bucarest, Romania.

Marital status:

      Married, three children.

Education/training:

1963-73:       Aurel Vliacu School, Bucarest.

1973-78:       Law Faculty (Legal Department), Bucarest.

1983-84:       Postgraduate course in civil law, labour law, economic legislation and the law of civil procedure, Faculty of Law, Bucarest.

1988-89:       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.

1991-92:       Examinations for doctorate.

Foreign languages:

      French, English, Italian.

Career:

1978-87:       Judge at the Bucarest District Court.

1987-90:       Judge at the Bucarest Municipal Court (IVth Division — Civil).

1991-92:       Judge — Inspector at the Bucarest Municipal Court.

June 92:       Elected a Judge at the Supreme Court of Justice (Administrative Division).

1991-92:       Led seminars in civil law at a private university (AISTEDA).

Publications:

      Various studies.

Marin Popa

Date and place of birth:

      2 August 1930, Goicea, Dolj Department, Romania.

Marital status:

Married (to Victoria Popa, clerk at the Bucarest Court of Appeal).

      One daughter (Timiş Adriana — state solicitor, Bucarest).

Education/training:

1953:       Law degree (Faculty of Law).

1994:       Doctoral thesis, University of Bucarest.

Foreign languages:

      French and Russian.

Career:

1961-75:       Judge at the Supreme Court of Justice.

1975-92:       Vice-President of the Bucarest Municipal Court.

1985:       Arbitrator at the International Trade Arbitration Court of the Romanian Chamber of Commerce and Industry.

1989:       President of the Bucarest (Capital) Court.

1992:       Elected by the Romanian Parliament a judge of the Supreme Court of Justice (Civil Division).

Teaching activities:

1953-60:       Assistant at the Bucarest Law Faculty (Department of Civil Law).

After 60:       Career exclusively in the state legal service.

1991:       Professor at the Dimitrie Cantemir University, Bucarest (responsible for the civil law course at the Law and Management Faculty).

1992:       Vice-Dean of the Law Faculty at the Dimitrie Cantemir University.

Other activities:

Founder member and Vice-President of the Dimitrie Cantemir Cultural Association, Bucarest.

Publications:

Many monographs, studies and articles.