Election of a judge on behalf of Italy to the European Court of Human Right

Doc. 8781

27 June 2000

Election of a judge on behalf of Italy to the European Court of Human Right

Written Question No. 386

Reply from the Committee of Ministers

adopted at the 715^th meeting of the Ministers' Deputies (21 and 26 June 2000)

I. Written Question No. 386 by Lord Kirkhill (Doc. 8739)

1. Considering that the European Convention on Human Rights, in its Article 23 § 6, provides that the terms of office of judges shall expire when they reach the age of 70;

2. Considering that the judge currently sitting on behalf of Italy will have reached the age limit of 70 years in September of this year;

3. Considering, therefore, that he should be replaced on 1 October 2000 and that the Assembly should proceed to the election of a new judge on behalf of Italy at its June part-session or – at the very latest – at its September 2000 part-session;

4. Considering, therefore, that – on the assumption that the Assembly intends to carry out a proper election procedure including a hearing of the candidates in accordance with Resolution 1200 (1999) – time is running short;

Lord KIRKHILL,

To ask the Committee of Ministers whether it is in a position to provide information as to the date on which the list of three candidates for a judge on behalf of Italy will be transmitted to the Assembly.

II. Reply from the Committee of Ministers

The Committee of Ministers has carefully examined Written Question No. 386 by Lord Kirkhill concerning the date on which the list of three candidates for a judge in respect of Italy will be transmitted to the Assembly.

The Committee of Ministers wishes, from the outset, to assure the honourable Member that it shares his underlying concerns, namely the smooth implementation of the procedures for electing judges to the European Court of Human Rights.

In this context, it recalls that Judge Benedetto Conforti was elected judge in respect of Italy and that his term of office was fixed to expire on 31 October 2001, together with half of the judges elected to the Court, in accordance with the provisions of Article 23, paragraphs 1 and 2, of the Convention.

The Committee of Ministers notes that, according to Article 23, paragraph 6, the term of office of a judge shall expire when he/she reaches the age of 70 and that, according to this provision, Judge Conforti’s term would expire on 3 September 2000.

The Committee of Ministers wishes to point out the exceptional nature of the present situation in the wake of the establishment of the new Court under Protocol No. 11, with the terms of office of half the judges of the Court due to expire on 31 October 2001. The procedure for the elections concerning half of the judges, according to the terms of Resolution 1200 itself, would be initiated one year prior to the expiry of their terms of office, i.e. some three or four months hence.

The Committee of Ministers would like to draw the attention of the honourable Member to the need not to disrupt the operation of the new Court in this situation.

In the light of the foregoing, and having regard also to Article 23, paragraph 7, which provides that “Judges shall hold office until replaced”, the Committee of Ministers does not consider it advisable to proceed with elections for a judge in respect of Italy prior to the partial renewal of the Court which will take effect as from 1 November 2001.