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Doc. 8927
19 January 2001
Election of a member of the European Court of Human Rights on behalf of Italy
Communication
Committee of Ministers
Letter from the Secretary General to the President of the Assembly, dated 17 January 2001
Dear President,
Pursuant to the decisions of the Ministers' Deputies of which I enclose a copy, I have the honour to transmit to you the list of candidates for the post of Judge of the European Court of Human Rights in respect of Italy.
In the course of their informal exchange of views concerning this list, the Deputies were informed that the order of presentation of candidates is purely alphabetical, and does not reflect any preference on the part of the Government of Italy.
…
Signed:
Walter Schwimmer
737th meeting – 17 January 2001
EUROPEAN COURT OF HUMAN RIGHTS
Nomination of candidates for the election of a judge in respect of Italy
(CM(2001)25)
Decisions
The Deputies
1. took note of the candidatures for election of the judges of the European Court of Human Rights presented in respect of Italy;
2. agreed to transmit this list of candidates to the President of the Parliamentary Assembly.
Letter from the Permanent Representative of Italy, dated 27 December 2000
TRANSLATION
Dear Sir,
I refer to your letter of 30 October 2000 concerning the procedure for electing a new judge to the European Court of Human Rights in respect of Italy.
In accordance with the decision taken by the Committee of Ministers on 28 May 1997 concerning the informal procedure for the examination of candidatures for the election of judges, and in order to allow the Deputies to carry out this examination before the list is formally submitted to the Parliamentary Assembly, I enclose the curricula vitae of the three Italian candidates: Mr Antonio Cassese, Mr Carlo Malinconico and Mr Vladimiro Zagrebelsky.
My authorities will forward you, as soon as possible, the three candidates’ curricula vitae set out according to the model adopted by the Parliamentary Assembly in its Resolution 1200 (1999).
Yours faithfully
[signed]
Pietro AGO
Mr Pierre-Henri Imbert
Director General of Human Rights (DG II)
Council of Europe
67000 STRASBOURG
TRANSLATION
CURRICULUM VITAE
ANTONIO CASSESE
Born in Atripalda (Avellino) on 1 January 1937.
University studies: Faculty of Jurisprudence, University of Pisa (1954-58); College of Law attached to the Scuola Normale Superiore, Pisa (1954-58); Graduate Institute of International Studies, Geneva (1960-61).
Academic experience
Professor of International Law, University of Pisa (1972-74), University of Florence (1975 to date); European University Institute, Florence (1987-93); Visiting Fellow, All Souls’ College, Oxford University (1979-80).
Visiting Professor, Graduate Institute of International Studies, Geneva; University of Paris II and X; Collège de France; Cambridge University; Oxford University.
Elected Associate Member of the Institut de Droit International in 1995 and Member of the Institut in 1999.
Appointed in 1998 as a member of the European Union’s Committee of Wise Persons to draw up a European agenda for human rights protection.
Awarded an honorary doctorate in law by Erasmus University, Rotterdam in 1998, by the University of Paris X in 1999 and by the University of Geneva in 2000.
Member of the Board of Editors of the European Journal of International Law.
Professional experience:
Member of the Italian government delegation:
United Nations Conference on Human Rights (Teheran, 1968), United Nations Commission on Human Rights (1972-75), United Nations General Assembly Legal Committee (1974, 1975, 1978), Conference of Government Experts on Humanitarian Law of Armed Conflicts (1971 and 1972), Geneva Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts (1974-77), United Nations World Conference on Racial Discrimination (1978), Council of Europe Steering Committee for Human Rights (1984-88, Chair 1978-88); Ministry of Foreign Affairs Interministerial Committee for Human Rights (1979-83); Commission for Human Rights, appointed by the Prime Minister (1984-96); Council of Europe Committee for the Prevention of Torture (member and President, 1989-93).
From November 1993 to January 2000, elected judge at the United Nations International Criminal Tribunal for the former Yugoslavia, elected President in 1993 and re-elected President in 1996; Presiding Judge of the Appeals Chamber of the United Nations International Criminal Tribunal for Rwanda (1994-97); from November 1997 to January 2000, Presiding Judge of Trial Chamber II, International Criminal Tribunal for the former Yugoslavia.
Principal publications
- Le droit interne dans le procès international, 1962
- Le contrôle international, 1972
- Droit international de guerre moderne (1973)
- The new Humanitarian law for armed conflict (ed. Vol. I 1979, Vol. II 1980)
- Modern Constitutions and International Law, 192 Hague Recueil, 1985-III
- il diritto internazionale nel mondo contemporaneo, 1984 (original en anglais International Law in a Divided World (Oxford University Press, 1986) (traduit aussi en français)
- Legal restraints on the Use of Force 40 years after the U.N. Charter (ed. 1986)
- Change and Stability in International Law Making (Co-ed., 1989)
- International Crimes of States (Co-ed., 1989)
- Violenza e diritto nell’era nucleare (traduit en anglais, en français et en japonais)
- Terrorism, Law and Politics (Polity Press, Cambridge 1989)
- I diritti umani nel mondo contemporaneo (traduit en anglais, en espagnol et en indonésien)
- The International Fight against Torture (ed. 1991)
- Human Rights and the European Community (Co-ed., 1991)
- B.V.A. Röling, The Tokyo Trial and Beyond (ed. 1993) (traduit en japonais)
- Prohibition of Torture and Inhuman and Degrading Treatment or Punishment in R.St.J. Macdonald et autres (eds) The European System of the Protection of Human Rights, 1993, pages 225
- Umano-Disumano Commissariati e prigioni nell’Europa di oggi, 1994 (traduit en anglais : Inhuman States, Imprisonment, Detention and Torture in Europe Today, Polity Press, Cambridge, 1996
- Self determination of peoples. A legal reappraisal (Cambridge University Press 1995)
- The International Criminal Tribunal for the former Yougoslavia and the Implementation of International Humanitarian Law, in The United Nations and International Humanitarian Law, 1996, pag. 231 ff.
- Remarks on Law, War and Human Rights : International Courts and the Legacy of Nuremberg in 12 Connections Journal of International law, 1997
- On the Current trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law, in 9 European Journal of International law, 1998
- Reflections on International Criminal Justice (XXVth Chorley Lecture, London School of Economics) in 61 The Modern Law Review, 1998
- Ex iniuria ius oritur : Are We Moving towards International Legitimation of Forcible Humanitarian Countermeasures in the World Community) in 10 European Journal of International law, 1999
- A follow-up : Forcible Humanitarian Countermeasures and opinio necessitatis, ibidem, 10, 1999
TRANSLATION
CURRICULUM VITAE
CARLO MALINCONICO
PERSONAL DETAILS
• Date of birth: 31 May 1950
• Place of birth: Rome
EDUCATION AND QUALIFICATIONS1
• University of Milan, 1968-72.
• Bachelor’s degree in jurisprudence, with a thesis in criminal law: The responsibility of newspaper editors for offences committed through the press.
• Qualifying examination for the profession of advocate, 1976, at the Milan Court of Appeal.
• Appointed State Prosecutor (procuratore dello Stato) in 1976, following a competitive examination.
• Appointed as a legal trainee (uditore giudiziario) in1977, following a competitive examination.
• Appointed State Counsel (avvocato dello Stato) in 1980, following a competitive examination. In this capacity, acted as defence counsel and legal adviser at the Milan Bar on behalf of the Italian government and the Region in civil, criminal and administrative cases between 1976 and 1985.
• Included on the Commission of the European Communities’ reserve list of lawyers in 1979, following a Europe-wide competitive examination.
• Appointed as an auxiliary judge at the regional administrative courts in 1980, following a competitive examination.
• Appointed as a member of the Council of State (Consiglio di Stato) in 1985, following a competitive examination.
FOREIGN LANGUAGES
• Good knowledge of spoken and written English (Cambridge Certificate in Advanced English).
• Adequate knowledge of French.
POSTS CURRENTLY HELD
• Member of the Council of State (Consiglio di Stato) since 1985; assigned judicial and advisory duties in this capacity. Since 1996, on secondment to the following post.
• Head of the Legal Affairs and Legislation Department of the Prime Minister’s Office since 1996.
• Member of the Central Taxation Board since 1999.
• Since 1996, Chair of the Committee for the Transposition of Community Directives, set up under Section 19 of Act No. 183 of 16 April 1987.
• Since 1996, Chair of the “package meetings” with the European Commission to examine disputes at the pre-litigation stage arising from the application of provisions on the single market.
• Since 1998, member of the steering group of the Danish pilot project to set up a network of independent public procurement authorities, with the support of the European Commission.
PREVIOUS EMPLOYMENT2
• State Counsel from 1976 to 1985 at the Milan Bar, acting as defence counsel and legal adviser to the Italian government and the Lombardy Region in civil, criminal and administrative cases.
• Legal Adviser for the legislative offices of the following ministries between 1986 and 1990 (in chronological order): Ministry of the Merchant Navy, Prime Minister’s Office, Ministry of Transport, Ministry of Finance.
• Head of the legislative office of the Ministry of State Contributions from July 1990 to July 1992.
• Member of the study commission to examine problems relating to the privatisation of management bodies and companies belonging to the state contributions system.
• Member of the Board of the Banca Nazionale del Lavoro-Credito Industriale SPA from 1989 until the company’s merger with the Banca Nazionale del Lavoro in 1994.
• Legal adviser to the Italian competition authority (Autorità garante della concorrenza e del mercato) from July 1992 to December 1997.
• Head of the legislative office of the Ministry of Finance from March 1995 to May 1996.
• Member of the Board of Auditors of the Italian Foreign Exchange Office in 1996.
• Member of the Ministerial Commission to draft implementing regulations for the Outline Act on Public Works (the “Merloni Act”).
• Management of the legislation sector of the Department for European Union Policies from 1996 to 1998, in the absence of the Minister for Co-ordination of European Union Policies.
PUBLICATIONS3
AUTHOR OF:
• I beni ambientali, monograph in the “Trattato di diritto administrativo” (Treatise on Administrative Law) series, ed. G. Santaniello (CEDAM, 1991)
• Articles on legal theory and notes on judgments in Corriere giuridico (Ipsoa) from 1985 to 1986, concerning requisition, protection of personal identity, liability of members of the medical profession, contributions and the environment
• Commentary on Act No. 322 of 25 June 1985 implementing Directive 76/160/EEC concerning the quality of bathing water, in Corriere giuridico, 1985, p. 807
• “Disciplina militare” in Digesto pubbl. (Utet, Turin, 1990), Vol. V, p. 279•
• “Disciplina militare” in Digesto pen. (Utet, Turin, 1990), Vol. IV, p. 114•
• “Tutela della concorrenza e aiuti di Stato nel diritto comunitario” in Studi in onore di Franco Piga (Milan, 1992) and in Riv. it. dir. pubbl. comunitario, 1992, p. 431•
• Servizi pubblici locali e nuove forme di amministrazione (Proceedings of the KLI Study Congress on the science of administration, Varenna, Villa Monastero, 21-23 September 1995), presentations by Guido Corso, C. Marzuoli, Carlo Malinconico, Marco Cammelli, Aldo Travi, Manin Carabba, Mario Ristuccia, Mario Rusciano, Alessandro Pajno and Domenico Sorace (Giuffré, Milan, 1997)
• Report presented at the conference on “Il nuovo ruolo dell’aeroporto – L’attività dell’Unione europea, del legislatore italiano, dell’autorità garante e del mercato”, Venice, 14-15 October 1994 (Giuffré, Milan, 1995)
• Report presented at the conference on “Antitrust tra diritto nazionale e diritto comunitario” (Antitrust between EC law and national law), Treviso, 5-6 May 1995 (Giuffré, Milan, 1996)
• “Le funzioni amministrative delle autorità indipendenti”, in I garanti delle regole (Bologna, 1996)•
• Persona e mercato (ed. G. Vettori), lectures given at the University of Florence by Giuseppe Vettori, Antonio Baldassarre, Luigi Mengoni, Domenico Sorace, M. Nuzzo, Carlo Malinconico, Giuseppe Benedetti, Maurizio Fioravanti, Paolo Barile, Natalino Irti, Pietro Perlingieri, Piero Schlesinger and A. Fineschi (CEDAM, Padua, 1996)
• Il Consiglio di Stato e la riforma costituzionale by S. Cassese, reports by Guido Melis, Guido Corso, Sabino Cassese, Carlo Malinconico, Giandomenico Falcon, Salvatore Raimondi, I. Marino, Marcello Clarich, Pier Giorgio Lignani, Filippo Patroni Griffi, Giuseppe Barbagallo, Alessandro Pajno and Roberto Caranta (Giuffré, Milan, 1997)
• “Aiuti di Stato” (State aid), in Trattato di diritto amministrativo europeo, ed. M.P. Chiti and G. Greco (Milan, 1997)•
• Formulario del contenzioso amministrativo (Giuffré, Milan, 1998), co-author and co-ordinator
• “Le microriformi in via di attuazione” (Micro-reforms currently being carried out), report presented at the SIOI Congress, Salerno, 1999, in Iter legis, May-June 1999•
• Codice degli appalti pubblici e privati (Public and Private Procurement Code) (Il Sole 24 ore – Pirola, Milan, 1999)
• “Ambito soggettivo e oggettivo delle legge quadro sui lavori pubblici” (Personal and material scope of the Outline Act on Public Works), in Commentary on Act No. 109 of 19 February 1994 by L. Giampaolino, A.M. Sandulli and G. Stancanelli (Milan, 1999)Me
Member of the Scientific Committee of the journals:
• Diritto processuale amministrativo and Rivista italiana di diritto pubblico comunitario (Giuffré, Milan)
TEACHING ENGAGEMENTS
• Lecturer in competition law at LUISS University, Rome during the 1993-94 academic year as part of the supplementary course held by the administrative law, public business law and mass communication law departments.
• Lecturer in public-law institutions at Bocconi University, Milan since the 1999-2000 academic year.
TRANSLATION
CURRICULUM VITAE
VLADIMIRO ZAGREBELSKY
Born in Turin (Italy) on 25 March 1940.
Obtained a bachelor’s degree in law in 1963 from the University of Turin (achieving a mark of 110/100 and receiving congratulations from the examiners and a distinction), with a thesis in criminal law.
Research assistant specialising in legal institutions and criminal procedure from 1965 onwards.
Passed university teaching examination in criminal law in 1970 and gave supplementary classes in criminal law, in association with the University of Turin’s Legal Institutions and Criminal Procedure departments.
Attended a study course in American Law at the University of Dallas in summer 1976.
Pursued a lengthy career in the national legal service, occupying a wide range of posts in the judiciary and the Public Prosecutor’s Office. From November 1965, held the following posts: Deputy Public Prosecutor, Turin (1966-68), Judge, Chieri District Court (1968-70), Deputy Public Prosecutor, Turin (1970-78), Judge, Turin Court (1978-81), Section President, Turin Court (President of the Assize Court and the Preventive Measures Section) (1986-90), Public Prosecutor, Turin District Court (1990-94). Appointed adviser to the Court of Cassation by the Legal Service Commission in September 2000.
Elected by members of the national legal service to the Judicial Service Commission and its disciplinary section for a four-year period from 1981 to 1985, and again from 1994 to 1998. As a member of the Commission, responsibilities included vocational training for members of the national legal service and the organisation of judicial offices. As a member of the disciplinary section, attended hearings and drafted judgments on breaches of legal service ethics.
Gave numerous presentations at further training courses organised by the Judicial Service Commission on the judicial system, organisation of judicial offices and criminal procedure. Also gave talks on European judicial systems at the Ecole Nationale de la Magistrature in France and the Escuela Judicial in Spain.
Co-ordinator for Italy of the Council of Europe’s Themis programme for the training of European judges.
Chaired the Ministerial Committee for the adaptation of the judicial system to the new Code of Criminal Procedure (1987-89), which drew up Presidential Decrees no. 449 of 22 September 1988 and no. 273 of 28 July 1989. Member of the Ministerial Commission for the reform of the judicial system (1992-94) and the Ministerial Commission to draw up a new Criminal Code (1999 to date).
In March 1998, appointed Director General of Judicial Organisation and General Affairs within the Ministry of Justice by the Cabinet.
In November 1998, appointed Head of the Legislative Office of the Ministry of Justice by the Cabinet.
Since November 1998, the Legislative Office has initiated legislative measures and bills approved by the Cabinet on the following human rights-related subjects:
- regulations governing the national legal service, introduction and framing of rules of procedure for honorary judges and justices of the peace in criminal and civil cases;
- standards governing the introduction of ADR (Alternative Dispute Resolution) to settle civil disputes and speed up civil proceedings;
- regulations on the serving of custodial sentences and prisoners’ rights, provisions on the enforcement of custodial sanctions for minors, criminal provisions governing torture and other cruel, inhuman or degrading treatment;
- sanctions governing the inflicting of physical injury;
- provisions to combat human trafficking;
- procedural rules preparing for the introduction of the constitutional principle of a fair trial.
Within the Legislative Office’s field of competence, co-ordinated the Ministry of Justice’s involvement in the drafting of European Union directives and regulations and Council of Europe, OSCE and UN conventions (against corruption and transnational organised crime) and protocols.
Took part in the activities of the Ministry of Foreign Affairs’ Committee for Human Rights.
Current posts held:
Chair of the UN Commission on Crime Prevention (Vienna, 2000-01).
Italian representative on the Council of Europe’s Committee of Experts on the Efficiency of Justice (CJ-EJ) and its select working group, and European Committee on Legal Co-operation (CDCJ).
Member of the government commission to resolve matters regarding the interpretation of the Concordat between Italy and the Holy See.
Member (on behalf of the Ministry of Justice) of the interministerial delegation for Italy’s six-month period as Chair of the Council of Europe’s Committee of Ministers.
Member (on behalf of the Ministry of Justice) of the Gérard Boulvert study group on European citizenship and the European legal area, examining Europe’s legal civilisation and the history of legal systems in Europe.
Member of the Committee on Law and Criminal Procedure of the National Centre for Crime Prevention and Social Protection.
Italian representative on the UNICRI (United Nations Interregional Crime and Justice Research Institute) Board of Trustees.
Has published numerous articles and contributions in several legal journals, entries for legal encyclopaedia, and volumes on Reato continuato (Repeated offences) (Giuffré, 1st edition 1970, 2nd edition 1976) and Lesioni e percossi (Assault and battery) (Giuffré, 1980). Has also published commentaries on sections of the Criminal Code (Concorso di reati, Reati contro la famiglia, Reati contro l’incolumità pubblica) (Concurrence of offences, offences against the family, offences against public safety) in the compendium Rassegna di giurisprudenza sul codice penale e sulle leggi penali speciali of which he is editor (UTET, 2nd edition 1999).
Has also published legal and historical studies on the court system and the legal service, including: “Stabilire le priorità nell’esercizio obbligatorio dell’azione penale” (Setting priorities in compulsory prosecution), in Il Pubblico Ministero oggi (Giuffré, 1994); (with P.L. Comoglio) “Modello accusatorio e deontologia dei comportamenti processuali nella prospettiva comparatistica” (Adversarial model and code of ethics for the conduct of trials from a comparative perspective), in Rivista italiana di diritto e procedura penale (1993), p. 435; “La magistratura ordinaria dalla Costituzione ad oggi” in Legge, Diritto, Giustizia (Einaudi, 1998).
Member of the editorial board of the journal Cassazione penale. Editor of the Ministry of Justice journal Documenti Giustizia.
Good knowledge of written and spoken French and English.
Rome, 14 December 2000
1 Qualifications relating specifically to European Union experience are underlined.
2 Posts relating specifically to European Union experience are underlined.
3 Titles of studies relating specifically to European Union experience are underlined.