Doc. 8845
27 September 2000

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

Motion for a resolution

presented by Lord Kirkhill, MM. Akçali, Clerfayt, Jurgens, Moeller, Bindig, Bartumeu, Nabholz, Tabajdi, Lippelt and Solonari

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.        The Assembly recalls that in accordance with Article 23 § 6 of the European Convention on Human Rights "the terms of office of judges shall expire when they reach the age of 70". It also recalls that the Italian judge reached this age at the beginning of September 2000.

2. It is therefore the responsibility of the High Contracting Party concerned, ie Italy, to submit a list of three candidates and, subsequently, of the Assembly to proceed to the election of a new judge (Article 22 § 1 of the Convention).

3.        The Assembly considers that this is a primary obligation of the bodies concerned and that Article 23 § 7 ("Judges shall hold office until replaced") is of a subsidiary nature and aims at guaranteeing the continuity of the work of the Court.

4.        In this respect it is not relevant that the first partial renewal of the Court will take place next year and that the Italian judge is among those who will have to be re-elected.

5.       The Assembly considers it essential that the European Court of Human Rights be considered as a "model" court in Europe and that the provisions of the Convention, whether of a substantial or of a procedural nature, are scrupulously applied. The Assembly considers that situations similar to that of the Italian judge may arise in the future and that a first precedent, in which the age of retirement as provided for in the Convention is not respected, may lead to undesirable consequences in the years to come.

6.        The Assembly does not agree with the point of view of the Committee of Ministers, as expressed in its reply to Written Question No 386 (see Doc. 8781), in which it considered that the present situation was of an exceptional nature. Nor does it see how the election of a new Italian judge would "disrupt the operation of the new Court in this situation".

7.       The Assembly therefore makes an urgent appeal to the Republic of Italy to submit, as soon as possible, a list of three candidates with a view to the election of a new judge on behalf of Italy.

Signed : ¹

Kirkhill, United Kingdom, SOC

Akçali, Turkey, EDG

Clerfayt, Belgium, LDR

Jurgens, Netherlands, SOC

Moeller, Denmark, EDG

Bindig, Germany, SOC

Bartemeu, Andorra, SOC

Nabholz, Switzerland, LDR

Tabadji, Hungary, SOC

Lippelt, Germany, LDR

Solonari, Moldova, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group