Doc. 9130

22 June 2001

Election of judges to the European Court of Human Rights on behalf of Moldova, Romania and Ukraine

(in accordance with Article 23, paragraph 1, of the European Convention on Human Rights)

Communication from the Committee of Ministers

Letter from the Secretary General of the Council of Europe to the President of the Parliamentary Assembly, dated 21 June 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 curricula vitae of candidates for the posts of Judges of the European Court of Human Rights in respect of Moldova, Ukraine and Romania.

      With regard to the candidates in respect of the Republic of Moldova, I am instructed to inform you that in the view of many delegations, there remain certain questions. In order not to impede the Assembly’s task, it was considered preferable to rely on the Assembly to elucidate them.

Yours sincerely,

Signed:

Walter SCHWIMMER

Decisions of the Ministers' Deputies

758th meeting – 21 June 2001

Item 4.8

European Court of Human Rights
Nomination of candidates for the election of judges following the expiry at the end of three years of one half of the judges, in accordance with Article 23, paragraph 1, of the European Convention on Human Rights

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 Moldova, Romania and Ukraine;

2.       agreed to transmit these lists of candidates to the President of the Parliamentary Assembly.

CONTENTS

PAGE

- Letter of presentation and list of candidates in respect of Moldova       5

- Letter of presentation and list of candidates in respect of Romania 1 15

- Letter of presentation and list of candidates in respect of Ukraine 2 29

MINISTRY OF FOREIGN AFFFAIRS

OF THE REPUBIC OF MOLDOVA

N° 2921

The Ministry of Foreign Affairs of the Republic of Moldova presents its compliments to the Secretariat General of the Council of Europe and with reference to the letter of Secretariat HD/sm of 30 October 2000, concerning the new elections of the judges for the European Court of Human Rights, has the honour to submit the list of candidates of the Republic of Moldova for the above-mentioned position.

In accordance with art. 21, paragraph 1 and art. 22, paragraph 1 of the European Convention on Human Rights having due regard to Recommendation 1429 (1999) of the Parliamentary Assembly of the Council of Europe, the Ministry would like to acknowledge the following.

On 22 May 2001, having examined 22 applications, the Governmental Commission for the Selection of Candidates for the position of Judge to the European Court of Human Rights has selected and recommended to the Government three candidates. The Government of the Republic of Moldova, by the Decision No. 364 from 28 May 2001, published in Monitorul Oficial al Republicii Moldova No. 59-61 (783-785) of 7 June 2001 has approved the following candidates as listed below (in alphabetical order) :

      1.       Corolevschi Ion

      2.       Pavlovschi Stanislav

      3.       Pogolsa Silvia

The Curriculum Vitae of the candidates are attached herewith.

The Ministry of Foreign Affairs of the Republic of Moldova avails itself of this opportunity to renew to the Secretariat General of the Council of Europe the assurances of its hightest consideration.

Chisinau, June 7 2001

SECRETARIAT GENERAL OF THE COUNCIL OF EUROPE

Strasbourg

CURRICULUM VITAE

COROLEVSCHI Ion

I.       PERSONAL DETAILS

Surname       COROLEVSCHI

First name       ION

Sex       Male

Date of birth       5 January 1952

Place of birth       Village of Prepelita, Judetul Balti, Republic of Moldova

Nationality       Moldovan

II.       STUDIES, DIPLOMAS AND OTHER QUALIFICATIONS

1967-1971       Orhei medical school, Republic of Moldova; qualification: surgeon’s assistant;

1977-1982       Faculty of Law, Chisinau State University, Republic of Moldova.

III.       RELEVANT PROFESSIONAL ACTIVITIES

a)       Judicial experience

November 1982-November 1983       Traineeship for applicant judges at Chisinau Regional Court;

February 1985-June 1990       Judge at Chisinau Regional Court;

June 1990-January 1995       President of Chisinau Regional Court;

January 1995-August 1996       Judge at Chisinau Regional Court

August 1996-present day       Judge at the Court of Appeal of the Republic of Moldova.

b)       Non-judicial legal experience

November 1983-February 1985       Member of the Bench of Lawyers of the Republic of Moldova;

1989       Member of the Bench for the Appointment of Judges (since 1995, the Judicial Service Commission);

1989-1995       President of the Bench for the Appointment of Judges.

c)       Non-legal activities

1972-1978       Surgeon’s assistant at the emergency unit in Chisinau;

1978-1981       Painter/decorator at the Chisinau Mechanics Factory.

IV.       ACTIVITIES AND EXPERIENCE IN THE FIELD OF HUMAN RIGHTS

1990       Judge dealing with international adoption cases;

1995       Inspector in Israel reporting on the situation of Moldovan children adopted by Israeli citizens.

September 1996       Traineeship on international adoption issues and children’s rights at the Mission française pour l’adoption.

1999-2000       Co-author of a report on the compatibility of national legislation with the provisions of the International Convention on the Rights of the Child.

1990-present day       Expert at thematic seminars on children’s rights.

V.       WORK AND PUBLICATIONS

-       Report on the compatibility of national legislation with the provisions of the International Convention on the Rights of the Child (in collaboration);

-       “Administrative proceedings – prospects for the Republic of Moldova”, in Avocatul Poporuli, a specialist review;-“

-       “Independent administration of justice in the Republic of Moldova” in “The Role of the Judicial Service Commission”, Council of Europe Publishing, 1995.VI

VI.       KNOWLEDGE OF LANGUAGES

Language

Read

Written

Spoken

First language: Romanian

Very good

Very good

Very good

Official languages:

French

English

Very good

-

Very good

-

Good

-

Other languages: Russian

Very good

Very good

Very good

VII.       OTHER RELEVANT INFORMATION

Wife       Gabriela COROLEVESCHI

Profession       Lawyer

Son       Ion COROLEVSCHI

Daughters       Cristina COROLEVSCHI, student at the Faculty of Foreign Literature

Professional address       18, rue Petru Rares,

VIII.       If I am elected judge at the Court, I shall live in Strasbourg on a permanent basis.

CURRICULUM VITAE

PAVLOVSCHI Stanislav

I.       Personal details

Name, first name:        PAVLOVSCHI Stanislav

Sex:        Male

Date and place of birth:       24 January 1955, Floresti, Republic of Moldova

Nationality:       Republic of Moldova

II.       Education and academic and other qualifications

1977-1980 - Lawyer, Kharkov Law Institute, Kharkov, Ukraine

1985 - Professional training course, St-Petersburg Law Institute

III.       Relevant professional activities

a)       Details of juridical activities:

1999-present - Deputy Director of Criminal Prosecutions, Prosecutor General’s Office of the Republic of Moldova;

1996-1999 - Deputy Head of the Department of Investigation on Exceptional Cases, Prosecutor General’s Office of the Republic of Moldova;

1991-1996 - Senior Investigator on exceptional cases, Prosecutor General’s Office of the Republic of Moldova;

1985-1991 - Investigator on exceptional cases, Prosecutor General’s Office of the Republic of Moldova;

1980-1985 - senior investigator, Criuleni district prosecutor’s office, the Republic of Moldova

b)       Other juridical activities

1996-present - member of the Multidisciplinary Group on Corruption, the Council of Europe (Co-draftsman of the European Criminal Law Convention on Corruption, Civil Law Convention on Corruption, 20guiding principles for the fight against corruption, European model Code of Conduct for Public Officials etc.);

1998-present - member of the Governmental Group on drafting the new version of the Criminal Procedure Code;

1999-present - representative of the Prime-minister to the Stability Pact Anti Organised Crime Initiative;

1999-2000 - participant to the seminars and study visits in the framework of the OCTOPUS II Programme (joint project of the Council of Europe and the European Commission);

c)       Details of non-judicial activities

2000 - Co-draftsman of the Law on Political Parties, Law on Non-for-Profit Organisations

2001 - participant to the USA Department of State Programme “International Visitors”, project “USA Judicial System”.

IV.       Activities and experience in the field of human rights

As a Deputy Director of Criminal Prosecutions of the Prosecutors General’s Office of the Republic of Moldova I am in charge of supervising the activity of three sub-divisions as follows:

- Department of Investigation on Exceptional Cases;

- Department Anti-Corruption;

Sub-Division on supervising the operational activity of the law enforcement bodies of the Republic of Moldova (under cover forms of investigative activity, special investigative means etc.)

Taking into consideration that given to the Constitution of the Republic of Moldova one of the most important directions of the prosecutor’s activities is the protection of human rights and freedoms, during last years I have been directly involved in this process, trying to guarantee the regime of rule of law in the investigative activity, avoiding any violation of human rights in course of ongoing investigations.

Every year I examine numerous petitions and allegations of citizens regarding breaches of law, eliminating violations identified by ways provided by law.

Also, during last years I have been studying case law, legislation of different European countries as well as the jurisprudence of the European Court of Human Rights, taking part in various seminars and study visits organised by the Council of Europe, Government of the Republic of Moldova, UNDP and UNHCR Representative in the Republic of Moldova.

In November 1998, being appointed as a member of the official delegation I studied Dutch experience in the field of modification of domestic legislation in accordance with the European Court of Human Rights decisions.

V.       Public activities

1997-present - Vice-chairman, Foundation for mutual assistance of prosecutors.

VI.       Other activities

- Lecturer, Centre for Professional Training of prosecutors and investigators;

- Participant to five European Conferences of Specialised Services in the Fight against Corruption;

- Participant to Symposium organised by the authorities of the USA in the International Law Enforcement Academy, Budapest, Hungary etc.

VII.       Publications and other works

“Democracy and Supremacy of Law” - Legea si Viata magazine, Chisinau, 1999;

“Corruption as one of the elements of organised crime” - Publication of the Police Academy, Chisinau, 1997;

“Public Utility Statute for non-for-profit organisations” - brochure, Chisinau, 2000

VIII.       Languages

a. Mother tongue

b. Official languages

c. Other languages

IX.       Other relevant information

Spouse:       Iulia PAVLOVSCHI

Profession:       Teacher

Son:       Stanislav PAVLOVSCHI (pupil)

Daughters:        Tatiana PAVLOVSCHI (Law student)

Official Address:

26 Banulescu Bodoni Str., Chisinau, Republic of Moldova, tel. (+3732) 27 86 44;

X.       Should I be elected as a judge, I would like to have my residence in Strasbourg.

CURRICULUM VITAE

POGOLSA Silvia

I.        Personal information

Name:        Silvia POGOLSA

Sex:       Female

Date of birth:       26 February, 1966

Age:       35

Place of birth:       Malaesti, Grigoriopol, Republic of Moldova

Nationality:       Moldovan

Marital status:       Married

Phone:              3732 22 81 86 (office);

II.        Education and academic and other qualifications:

1973 – 1983       High school

1983 - 1988       State University of Latvia, Riga

1993 – 1996       University “A.I. Cuza”, Iasi, Romania Ph.D. studies

1999 Ph.D. in law awarded and confirmed in July, 4

III.       Professional Experience:

a)       Details of non-judicial legal activities

1990 – 1992        Ministry of Justice of the Republic of Moldova

       Lawyer at the Department of Civil Status

1995 – 1999        University of Humanitarian Studies

1998 – present        Ministry of Justice of the Republic of Moldova

       Executive Director of the Judicial Training Center

2000- present        State University

1998 – present Establishment and development of the Judicial Training Center

of the Republic of Moldova

May 12-14, 2000 Organization of the International Annual Conference of the

Directors of Magistrates School of the 25 Central and Eastern

European and Asian Countries, held in Chisinau,

Republic of Moldova

IV.        Activities and experience in the field of Human Rights

September 18–21, 1997        Participated at the Conference on “Education of Human Rights in Europe”, Turcu/Abo, Finland

1999 – 2001        Organised, in close cooperation with the Council of Europe, 16 seminars for judges, prosecutors, lawyers and other legal professionals on application of the provisions of the European Convention of Human Rights, additional protocols and international conventions of which the Republic of Moldova is a part, adopted within the framework of the Council of Europe.

Organised, in close cooperation with UNHCR and UNDP, 11 and correspondingly 7 seminars for judges, prosecutors, lawyers and other legal professionals from the Ministry of Justice and Ministry of Internal Affairs on Human Rights and Case Law of the European Court of Human Rights.

March 20 – 27, 2000: Participated at the Regional Reunion of the South Eastern European Stability Pact Member States, organized by the Council of Europe on “Training of Judges and Prosecutors – an Essential Element for the Stability of South Eastern Europe”.

Moderated the 3rd day of conference works “Training in international law, and in particular the European Convention on Human Rights” Ankara, Turkey

May 14 – 18, 2001: Participated at the seminar on “Public Administration and the Individual in the light of the European Convention of Human Rights”, organised by the Council of Europe and Venice Commission in Trieste, Italy.

Conducted lectures on “Human Rights” within the framework of the university courses on

“International Public Law” and “International Organizations Law”

V.        Publications and other works:

1.       Elaboration of the JTC informational newsletter “ Curierul Judiciar” ą 1,2/2000

2.        Elaboration of the Annual Report of the Judicial Training Center’s activity for 1999/2000

3.       Modulus “Civil status of the physical person”, distributed during university courses

4.       Article “The stringent necessity for a global review of the legal community training” in the weekly newspaper “Mesagerul”, 15.01.2000

5.       Elaboration of the JTC informational newsletter “ Curierul Judiciar” ą 1,2/2001

VI.        Languages:

a.       Mother tongue

Romanian

b.       Official languages

English – reading and speaking – excellent, writing - good

French – reading - good

c.       Other languages

Spanish – reading and writing – excellent

Russian – reading, writing and speaking – excellent

PERMANENT REPRESENTATION OF ROMANIA

TO THE COUNCIL OF EUROPE

N° 1722

Strasbourg, 30 May 2001

Dear Director General,

Concerning the list of candidates presented on 9 February 2001 in respect of Romania to the post of judge to the European Court of Human Rights, I have the pleasure to communicate, upon instructions from my authorities, that, on 25 May 2001, the Romanian Government decided to replace Mrs Roxana Munteanu, Senior Researcher in the Legal Research Institute of the Romanian Academy, by Mrs Raluca Besteliu, Doctor in law and Head of the Chair of Public Law of the Law Faculty in Bucharest.

This change was made necessary for medical reasons linked with Mrs Munteanu’s health condition.

Please find enclosed the curriculum vitae of Mrs Besteliu who is highly appreciated for her professional and moral qualities.

Yours faithfully,

(signed)

Roxana Iftimie

Chargé d’Affaires a.i.

M. Pierre-Henri IMBERT

Director General of Human Rights

Council of Europe

PERMANENT DELEGATION OF ROMANIA

TO THE COUNCIL OF EUROPE

No. 561

Strasbourg, 9 February 2001

1.       Mr Corneliu Bîrsan, judge at the European Court of Human Rights;

2.       Ms Roxana-Adriana Munteanu, senior researcher at the Romanian Academy Legal Research Institute;

3.       Mr Viorel Anghel, barrister.

Yours faithfully

[signed]

Roxana Iftimie

Chargé d’Affaires a.i.

Mr Pierre-Henri Imbert

Director General of Human Rights

Council of Europe

CURRICULUM VITAE

BIRSAN Corneliu

I.       PERSONAL DETAILS

Sex: male

Date and place of birth: 16 December 1943, Munteni di Jos, Vaslui, Romania

Nationality: Romanian

II.       EDUCATION, DIPLOMAS AND OTHER QUALIFICATIONS

A.       In Romania

1961: Baccalaureate

1961-66: Faculty of Law, University of Bucharest, First Degree in Law 1966

1977: Doctorate of Law, Faculty of Law, University of Bucharest - Thesis on "The legal effects of bona fides in Romanian civil law"

B.       Abroad

International Comparative Law Faculty

Stage I ─ Strasbourg, spring 1971

Stage II ─ Strasbourg, spring 1972

Stage III ─ Santiago de Compostela (Spain) 1974

Diploma of Advanced Studies in Comparative Law

European University Centre, Nancy

Legal Department, Private Law Section, academic year 1974-75

III.       RELEVANT PROFESSIONAL ACTIVITIES

a.       Judicial activities

1977-1998:

Judge, Court of International Commercial Arbitration, Romanian Chamber of Commerce and Industry

   

1991-1998:

Judge, Board of Arbitration, Romanian Union of Craft Co-operatives

   

Since 1992:

Member of the permanent Board of Arbitration in The Hague

   

Since 1990:

Lawyer at the Bucharest Bar

   

22 March 1995-31 October 1998:

Romanian member of the European Commission of Human Rights

   

Since 1 November 1998:

Judge at the European Court of Human Rights, Strasbourg

b.       Non-judicial legal duties

On 22 January 1967, after military service, appointed trainee assistant to the Chair of Private Law, Faculty of Law, University of Bucharest.

Entire subsequent career under the same Chair, as follows:

1967-70: junior lecturer

1970-76: assistant lecturer, by competition

1976-90: lecturer, by competition

1990-92: senior lecturer, by competition

Since 15 February 1992: professor, by competition

As assistant, taught seminars in Civil Law, Family Law, Private International Law, International Commercial Law

As professor, specialises in: Civil Law, International Commercial Law, Community Law. In 1990, gave first courses of lectures in Community Law for 4th year undergraduates at the Bucharest Faculty of Law and in International Human Rights Protection for postgraduate students of Humanitarian Law

Since 14 May 1999: associate professor at the Institut des Hautes Etudes européennes, Robert Schumann University, Strasbourg

1982-86: member of the Legal Advisory Board, Romanian Ministry of Foreign Trade

1975-85: member of the Drafting Committee for the new Civil Code and Family Code, Ministry of Justice

Since 1992: President of the National Romanian Committee for the International Academy of comparative law

Since 1993: member of the Academic Board of the Romanian Institute of International Studies, appointed by the Minister for Foreign Affairs and the President of the Romanian Academy

c.       Non-judicial professional duties

20 January 1990 – 25 June 1998: elected Dean of the Faculty of Law of Bucharest University, re-elected in 1992 and 1996

25 June 1993-25 June 1998: Director of the N Titulescu-H Capitant Franco-Romanian Institute of Business Law and International Co-operation and of the Franco-Romanian Law College of Bucharest University Law Faculty

1993-1998: member of the National Council for Educational Reform, appointed by the Minister of Education

IV.       ACTIVITIES AND EXPERIENCE IN THE FIELD OF HUMAN RIGHTS

Activities first related to the teaching of human rights, as follows:

1991, 1992, 1993 and 1994: organised a seminar for students and practising lawyers on international human rights protection, in collaboration with the René Cassin International Institute of Human Rights in Strasbourg and with assistance from the Council of Europe

Member of the teaching staff of the Institute of Advanced International Studies, Robert Schuman University (Strasbourg III), giving lectures and seminars on the reception and implementation of international human rights conventions in Romania

As visiting lecturer at Pantheon-Sorbonne University (Paris I) gave lectures on international human rights protection in 1994 and 1996 for the Diploma of Advanced Studies in Comparative Constitutional Law

1991, 1992, 1993, 1994 and 1995: was a member of the jury for the semi-finals of the René Cassin Human Rights Competition organised by the Juris Ludi Association, Robert Schuman University (Strasbourg III) and the Council of Europe

22 March 1995-31 October 1998: fullest experience of human rights protection acquired as member of the European Commission of Human Rights

1 November 1998 - to date: judge at the European Court of Human Rights

V.       PUBLIC ACTIVITIES

a)       Public office

-

b)       elected posts

20 January 1990 – 25 June 1998: Dean of the Faculty of Law of Bucharest University, re-elected in 1992 and 1996

Since 1994: member of the National Academic Assessment Board, elected by the Romanian Parliament (jointly by both Houses)

Since 1994: elected President of the Romanian Association of Community Studies, affiliated to ECSA Europe, Brussels.

c)       Posts held in a political party or movement

-

VI.       OTHER ACTIVITIES

a)       Field

b)       Duration

c)       Functions

VII.       PUBLICATIONS AND OTHER WORKS

To this day, I have published 21 works (university courses, monographies, treaties) singly or in collaboration, over 60 articles, studies, commentaries on judicial practices, scientific communications in Romania and abroad, among which, the most important are:

A.       Cours universitaires, monographies, traités:

Drept civil. Teoria generala a drepturilor reale (Droit civil. Théorie générale des droits réels), en collaboration, TUB, Bucarest, 1980

Subiectele colective de drept in Romania (Les sujets collectifs de droit en Roumanie), en collaboration, Editura Academiei, Bucarest, 1981

Tratat de drept civil. Teoria generala a obligatiilor (Traité de droit civil. Théorie générale des obligations), en collaboration, Editura Academiei, Bucarest, 1981, rééditée en 1991,1992, 1993, 1994,1995

Regimul juridic al bunurilor imobile (Le régime juridique des biens immeubles), Editura  Stiintifica si Enciclopedica, Bucarest, 1983

Recths beirn Reisen (en allemand), en collaboration, Verlag Die Wirtschaft, Berlin, 1974

Contractul în contrapartidă. Probleme juridice (Le contrat en contrepartie. Problèmes juriques), en collaboration, IEM, Bucarest, 1985

Clauza penală în contractele comerciale internationale (La clause pénale dans les contrats commerciaux internationaux), en collaboration, IEM, Bucarest, 1985

Legal Aspects of Doing Business in Eastern Europe- Romania (en anglais), Kluwer Law and Taxation Publishers, West Publishing Co., St. Paul, Minn., USA, 1986, revue en 1990

Exportul in contrapartida. Probleme economice si juridice (L’exportation en contrepartie. Problèmes économiques et juridiques), en collaboration, Editura Academiei, Bucarest, 1987

Drept civil. Drepturile reale (Droit civil. Droits réels), en collaboration, Iasi, 1987

Dreptul comertului international (Droit du commerce international), en collaboration, vol. I, 1988, vol. II, 1990

Societatile comerciale(Les sociétés commerciales), Bucarest, 1992

Comisia Europeana a Drepturilor Omului. Rolul si locul ei in sistemul european de protectie a drepturilor omului, vol. « Lumea in care traim », I, Fundatia Europeana Lugoj, Romania, 70 pag. 1997 (la Commission Européenne des Droits de l’Homme. Son rôle et sa place dans le système européen de protection des droits de l’homme, volume « Le monde où nous vivons »,I , Fondation européenne Lugoj, Roumanie

Une série de 5 articles ayant le même thème, dans la Revue roumaine de droit humanitaire, 1997-1998

La nouvelle cour unique des droits de l’homme, dans le volume « Le monde où nous vivons » II, Fondation européenne Lugoj, Roumanie, 20 pages, 1999

B.

Over 60 studies, articles, case-law commentaries, papers, etc on questions of civil law, international commercial law, family law, Community law, published mainly in Romanian, but also French and German legal journals.

VIII.       LANGUAGES

Languages

a. First language

…romanian…………………………….

b. Official languages

- English

- French

c. Other languages

Read

Written

Spoken

VG G F

VG G F

VG G F

x _ _

_ x _

x _ _

x _ _

_ _ x

x _ _

x _ _

_ _ x

x _ _

IX.       OTHER ACTIVITIES

Honorary distinctions

1977: Member of the French Comparative Law Society

1991: Honorary diploma for scholarship from the Centre for International Legal Studies, Salzburg (Austria)

1994: Honorary law doctorate from the New England School of Law, Boston (USA)

Decoration « Grande Croix de Chevalier de la Légion d’Honneur », France, 1999

Participation in international scholarly gatherings

IIIrd Congress of the International Faculty for the Teaching of Comparative Law, Amsterdam 1973: gave a paper on "Housing law in Romania".

VIth Franco-Romanian Law Days: gave a joint paper on the Law governing State entities in Romania.

Collaborated on national report on "Ownership transfer inter vivos in Romanian Civil Law", Comparative Law Congress, Budapest, 1978.

VIIIth Franco-Romanian Law Day, Rennes, 1983: jointly presented the Romanian national report on "International commercial arbitration in Romania", published in the supplement to the International Comparative Law Review, 1983.

IInd Congress of the International Institute of French-Language Law, May 1990, Libreville (Gabon).

International History of Law Day, Strasbourg, May 1992: presented the national report on "Adoption trends in Romanian law"; also appointed general rapporteur for the Free union-Adoption Section. Both reports published in "Family law in Europe from Antiquity to the present day", Strasbourg University Press 1992.

Seminar on environmental law, November 1991, organised by the European Conference of Vice-Chancellors, UNESCO and the Council of Europe, Angers (France)

Conference on environmental law, organised by the Council of Europe, Milan. 1992: gave a paper on "Liability for ecological damage in Romania".

25th anniversary of the International Institute of Public Administration: gave a paper on "The process of transition towards a democratic society in Romania", Paris, November 1992

Conference of Deans of Law Faculties of French-speaking Countries, Louvain-la-Neuve (Belgium), 1992

International conference on change in east European countries, Boston (USA), October 1993

International conference on "Federation, subsidiarity and democracy", organised by the Commission of the European Union and ECSA Europe, Brussels, May 1994

Visit to Luxembourg at the invitation of the Luxembourg Association for Democracy in Romania and the Luxembourg University Centre: gave a lecture on "Economic and legal reforms in Romania", May 1994.

X.       Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I confirm.

CURRICULUM VITAE

BEŞTELIU Raluca

I.       PERSONAL DETAILS

II.       EDUCATION AND ACADEMIC AND OTHER QUALIFICATIONS

III.       PROFESSIONAL ACTIVITIES

IV.       ACTIVITIES AND EXPERIENCE IN THE FIELD OF HUMAN RIGHTS

V.       POLITICAL ACTIVITIES: -

VI.       OTHER ACTIVITIES:

VII.       PUBLICATIONS AND OTHER WORKS

VIII.        LANGUAGES

 

Reading

Writing

Speaking

 

WG

G

  

WG

G

  

WG

G

  

First Language Romanian

X

    

X

    

X

    

Official Languages

                  

- English

X

    

X

    

X

    

- French

X

    

X

    

X

    

Other Languages

                  

- German

  

X

      

X

  

X

  

- Russian

    

X

    

X

    

X

CURRICULUM VITAE

ANGHEL Viorel

I.       PERSONAL DETAILS

Name, forename: Anghel, I. Viorel

Sex:       Male

Date and place of birth: 21 January 1954, Bucharest

Nationality (-ies): Romanian

II.       EDUCATION AND ACADEMIC AND OTHER QUALIFICATIONS

-       1961-73, Aurel Vlaicu primary and secondary school, Bucharest

-       1973-78, Faculty of Law, Bucharest (legal section)

-       1983-84, postgraduate course in civil law, labour law, business law and civil procedural law at the Faculty of Law, Bucharest

-       1988-89, postgraduate course in international law and international relations and organisations at the Faculty of Law, Bucharest

-       1996, represented the Supreme Court of Justice at the international seminar on “Administrative proceedings and the rule of law”, organised by the Agence intergouvernementale de la francophonie (Marrakesh, 4 and 5 November)

-       1997, represented the Supreme Court of Justice at the international seminar on competition law, organised by the European Competition Commission (Brussels, September 1997).

-       Studying for a doctorate at the Faculty of Law, Bucharest, close to final examination and presentation of thesis entitled “Problèmes de droit substantiel dans la matière du partage judiciaire”.

III.        RELEVANT PROFESSIONAL ACTIVITIES

a)       Judicial activities

-       1978-87, Judge, Bucharest (Sectors 4 and 1) Courts of First Instance

-       1987-90, Judge, Bucharest Court, Fourth (Civil) Section

-       1991-92, Judge/inspector, Bucharest Court

-       1992-98, Judge, Supreme Court of Justice, Administrative Proceedings Section

-       July 1998 to date, barrister at the Bucharest Bar, working from own chambers

b)       Non-judicial legal activities

-       1992 to date, teaching activities in higher education establishments

-       1992-94, seminars in civil law at Dimitrie Cantemir University, Bucharest

-       1994-95, course in civil procedural law at Dimitrie Cantemir University, Bucharest

-       1995, tenured lecturer in civil law (special contracts and successions) and teaching assistant in the Faculty of Law, Valachia University, Targoviste

c)       Non-legal professional activities

IV.        ACTIVITIES AND EXPERIENCE IN THE FIELD OF HUMAN RIGHTS

V.       PUBLIC ACTIVITIES

a)       Public office

b)       Elected posts

c)       Posts held in a political party or movement

VI.       OTHER ACTIVITIES

a)       Field

b)       Duration

c)       Functions

VII.       PUBLICATIONS AND OTHER WORKS

« La rédaction d’un code de conduite des sociétés transnationales” dans la Revue roumaine d’Études internationaux ( 1/ 69 de 1984 )

“Des aspects juridiques de la coopération des états pour la protection de l’environnement” dans la Revue roumaine d’Études Internationaux l’an XXIII, 1989

“Le contentieux administratif en Roumanie” dans les Actes du séminaire d’échanges et de perfectionnement Marrakesh, 4 – 14 novembre 1996, éditées par L’Agence de la Francophonie, 1997

“La responsabilité dans le droit international”, co – auteur. Editura Lumina Lex, Bucarest, 1998

« Décisions et arrêts de la Cour Suprême de Justice et de la Cour Constitutionnelle », collection de pratique judiciaire, co – auteur, Editura Lumina Lex, Bucarest, 1998

VIII.        LANGUAGES

Language

Reading

Writing

Speaking

 

VG

G

Fair

VG

G

Fair

VG

G

Fair

a. First language

                  

Romanian

X

    

X

    

X

    

b. Official languages:

                 

- English

 

X

    

X

    

X

  

- French

X

    

X

    

X

    

c. Other languages

Italian

    

X

    

X

    

X

IX.        OTHER RELEVANT INFORMATION

X.       I hereby confirm that I will take up permanent residence in Strasbourg if elected a judge at the Court.

PERMANENT REPRESENTATION OF UKRAINE

TO THE COUNCIL OF EUROPE

Strasbourg, 7 June 2001

Dear Mr Schwimmer,

As you might be aware two candidates for the election of a judge of the European Court of Human Rights in respect of Ukraine Mr. Chernysh and Mr. Kurdelchuk have withdrawn their candidatures.

Therefore and taking into account the letter by Mr Haller, Secretary General of the Parliamentary Assembly of 14 May 2001 on this matter I hereby forward you the list of candidates in respect of Ukraine for the election of judges of the European Court of Human Rights to be held during the June part-Session of the Assembly:

I also attach the curricula vitae of the Ukrainian candidates.

Yours sincerely,

Olexandre CHALYI,

Permanent Representative of Ukraine

to the Council of Europe

His Excellency

Mr Walter SCHWIMMER

Secretary General

Council of Europe

Strasbourg

CURRICULUM VITAE

BUTKEVYCH Volodymyr

1.       PERSONAL INFORMATION

Born 2 August 1946 in the Vinnytsa region, Ukraine

2.       STUDIES

1965-1970

State University of Kyiv, Faculty of Law

1970-1971

Postgraduate studies in international public law, “kandidat” in science

1978-1981

Research; doctorate in law

3.       UNIVERSITY AND OTHER QUALIFICATIONS

Doctor of Law, professor

Member of the Academy of Sciences, Ukrainian National Academy State-recognised legal expert

4.       CAREER

1972-1974

Assistant lecturer in the Faculty of International and Foreign Law (FIFL) at the University of Kyiv

   

1974-1976

Senior lecturer in the FIFL

   

1974-1976

Vice-Dean of the Faculty of International Relations and International Law (FIRIL) at the University of Kyiv

   

1976-1982

Assistant Professor in the FIFL

   

1982-1985

Professor in the FIFL

   

1983-1988

Dean of the FIRIL

   

1985-1998

Director of the FIFIL

   

1988-1989

Professor at the University of Kyiv

   

1988-1989

Director of the Institute of International Relations and International Law

   

1994-1998

Chairman of the Ukrainian Parliament’s Committee on Human Rights, the Rights of National Minorities and Inter-ethnic Relations

   

Since 1998

Judge at the European Court of Human Rights

5.       ACTIVITY AND EXPERIENCE IN THE HUMAN RIGHTS FIELD

Since 1972

Lecturer on human rights, international humanitarian law and human rights protection at the University of Kyiv

   

1980-1996

Lectured on human rights at universities in France, Italy, Bulgaria, Hungary, Germany, Switzerland, Russia, the United States and other countries

   

1986-1998

President of the annual Human Rights Conference (Kyiv)

   

1988

Leader of the Ukrainian delegation at the Conference on human rights education (Valletta, Malta)

   

1988

Leader of the Ukrainian delegation at the Seminar on human rights (Geneva, United Nations)

   

1989

Member of the Soviet delegation to the Paris Conference on humanitarian problems (Paris, France)

   

1990

United Nations expert at the Seminar on international standards in the human rights field (Kyiv)

   

Since 1990

Attendance at the annual conference of the International Institute of Humanitarian Law (San Remo, Italy)

   

1991-1994

Lectured on human rights at secondary school No. 77 in Kyiv

   

1991-1994

Human rights consultant on the Ukrainian Parliament’s Committee on Youth Questions

   

1992-2000

Member of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights

   

1992-1999

Chief editor of the Ukrainian Bulletin of International Law

   

1992-1996

Director of the Pan-Ukrainian Human Rights Centre

   

1992

Rapporteur of the working group on arrest, detention, fair trial, habeas corpus, the death penalty, judicial treatment of minors, and privatisation of prisons of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights

   

1993

Leader of the working group on arrest, detention, fair trial, habeas corpus, the death penalty, judicial treatment of minors, and privatisation of prisons of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights

   

1994-1997

Specialised editor of the journal, Human Rights in Ukraine

   

1994

Vice-Chairman of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights

   

1994-1998

Chairman of the Ukrainian Parliament’s Committee on Human Rights, Minorities and Inter-ethnic Relations

   

1994-1996

Member of the Ukrainian Parliament’s Constitutional Commission, Chairman of the Working Party on preparation of the section of the Ukrainian Constitution dealing with “Human and citizens’ rights and liberties”

   

1995-1998

Member of the Ukrainian President’s Committee on issues relating to women, maternity and childhood

   

1996-1999

Rapporteur for the working paper on freedom of movement, the right to leave and re-enter one’s country freely, and the right of asylum of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights

   

1996

Elected judge in the European Court of Human Rights, sworn in in 1997. Has participated in examining over 1,200 cases, and has been appointed rapporteur in 850.

   

1997-1998

Member of the Ukrainian President’s Co-ordinating Council on Judicial and Legal Reform

6.       POLITICAL ACTIVITY

1994-1998

Member of the Ukrainian Parliament, Chairman of its Committee on Human Rights, National Minorities and Inter-ethnic Relations

1994

Chairman of the Ukrainian Parliament’s Provisional Committee for settlement of the problems in the Crimea

   

1995-1996

Co-Chairman of the Sub-Committee of the Ukrainian Parliament’s Constitutional Commission

   

1995-1996

Member of the parliamentary delegation to meetings and sessions of the OSCE and the PACE (Canada, Denmark, Austria, Hungary, Poland)

7.       OTHER ACTIVITIES

1983-1998

Member of the Scientific Council in the Ministry of Foreign Affairs

   

1985-1991

Member of the Jurists’ Association of the Ukrainian Society for Friendship with Foreign Countries

   

1988-1991

Vice-President of the International Law Association of the USSR

   

1991-1999

President of the Pan-Ukrainian International Law Association

   

1993-1996

Head of the Department of Philosophy, Law and History of the Academy of Sciences of the Ukrainian National Academy

   

Since 1994

Member of the World Congress of Ukrainian Jurists

   

Since 1994

Member of the Ukrainian National Jurists’ Club

   

1996-1997

Member of the Ukrainian President’s Organising Group for examination of the draft Ukrainian Constitution

   

1996-1997

Co-Chairman of the Pan-Ukrainian Committee to support the Ukrainian Constitution

8.       PUBLICATIONS AND OTHER WORK

More than 170 specialised publications, including 11 books

9.       PRINCIPAL PUBLICATIONS

Soviet Constitution and International Treaty (monograph), Kyiv, 1977

Correlation of Internal and International Law (monograph), Kyiv, 1981

Implementation of International Treaties in the Inner-State Sphere (monograph), Sverdlovsk, 1987

Right on the Crimea (monograph), Kyiv, 1992

Human Rights in Ukraine, Kyiv, 1996

Freedom of Movement, United Nations, 1997

10.       LANGUAGES

Excellent knowledge of:

-       Ukrainian (mother tongue)

-       English

-       Russian

Is currently studying French (intermediate level, language course organised by the European Court of Human Rights)

CURRICULUM VITAE

MITSIK Vsevolod

Personal Information

Name: Vsevolod V. MITSIK.

Born in 1956, 22 April, in Luganska oblast, Ukraine.

Associate Professor of the Institute of International Relations Kyiv Taras Shevchenko University. Candidate of Science (International Law).

Ordinary Member of the Advisory Committee on the Framework Convention for the Protection of National Minorities, Strasbourg.

Director of the “ Ukrinurservice ” Law Firm.

Address:       36/7, Shelkovichnaja Str., apt. 17. 01024 Kyiv, Ukraine.

Tel/Fax :       (380 44 ) 293 44 75

Work :        (380 44) 211 45 19

Education

1974-1979        Kyiv State University, International Relations and Law Department, Master of International Law.

1980-1985        Kyiv State University, International Relations and Law Department, Postgraduate course on International Public Law, Candidate of Science (Law).

1991- 2001        Research work: Legal Regulation of the Status of the national minorities and problems of nationalities at the national and international levels.

1985-1990        Assistant of the International Law and Foreign legislation Department (ILFLD) of Kyiv University

1988-1990        Deputy Dean of the International Relations and Law Department, (IRLD) of Kyiv University

1990 – 1999        Associate Professor, Candidate of Sciences (Law) of the Institute of International Relations Kyiv Taras Shevchenko University

1999-2002       Research work in the Institute of International Relations Kyiv Taras Shevchenko University on thesis for a Doctor's degree

Activity and Experience in the Field of Human Rights and Prevention of Discrimination and Protection of Minorities

1990-1999        Lecturer of the Kyiv University on human rights, international humanitarian law, actual problems in protection of human rights, on protection of national or ethnic minorities

1993 - 1996        Giving lectures on protection of human rights and minorities at the Universities of Hungary, Switzerland and Russia

Since 1989        Participant of the Annual Conference on Human Rights (Kyiv):

1992 - 1994        Lecturing on the course of protection of human rights at the Kyiv secondary school N77

1992 - 1996        Member of the All-Ukrainian Center of Human Rights

1994 - 1998        Scientific consultant of the Verkhovna Rada of Ukraine Committee on Human Rights, National Minorities and Inter-ethnic relations

1998 - till now Ordinary Member of the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFCPNM) Strasbourg

September 1998 Expert of the ACFCPNM on an International Conference “Inter-Ethnic Relation Transcarpathian Ukraine”, Uzgorod

October 1998 Expert of the ACFCPNM on the Seminar “From Paper to Practice), Implementing the Framework Convention for the Protection of National Minorities, Strasbourg

October 1999 Lecturer at the International Seminar “National and International protection of Human Rights”, Kyiv

May 1999        Lecturer at the Scientific Conference: "European Court of Human Rights: Protection of Human Rights or interference to the State’s affairs"

since 1991        Member of All-Ukrainian Association of International Law

since 1994        Member of the World Congress of Ukrainian Lawyers

since 1994        Member of the Union of Lawyers of Ukraine

1996 – 1998       Expert of the All-Ukrainian Committee on support for Constitution of Ukraine

sinse 1999        Member of Ukrainian Association of International Law

sinse 2000        Member of Ukrainian Association of Advocates

Selected Publication

Over 30 scientific works

Interpretation and application of the norms of national law by the international legal courts. Kyiv, 1985

National legislation in international courts decisions. Kyiv, 1986

National law act as juridical tact in the international juridical proceeding, Kyiv, 1987 Norms of national law and international responsibility. Kyiv, 1989

Contents, aims and purposes of the Framework Convention for the Protection of National Minorities, entered into force on 01.02. 1998 and its importance for Ukraine. Kyiv, 1988

Report about International Conference “Inter-Ethnic relations in Transcarpathian Ukraine”. Kyiv 1998

The Framework Convention for the Protection of National Minorities: the mechanism of its implementing. Kyiv 1999

Rights of Minorities in International Law. Kyiv 2001

Member of the Editional Board and one of the authors of the “Manual of Public International Law” (I. II. III vol.). Kyiv 2001

Languages

Ukrainian - native language

Russian - fluently

English - fluently

French - reading and translating with dictionary

CURRICULUM VITAE

SHEVCHUK Stanislav

1.       Personal Data

Date and place of birth:       June 11, 1969, Kharkiv, Ukraine

2.        Education, Academic Qualification

1986- 1987       Kharkiv Law Institute

1989 - 1993       Ukrainian State Academy of Law,

1993 - 1996       Post-graduate studies, Yaroslav Mudry National Law

1997       Candidate of legal sciences, the dissertation devoted to the topic "Delegation of State Powers"

3.        Professional Activities

A.        In the Field of Legal Practice

1993 - 1994

Lawyer for a Canadian law firm “Gold Gulliver, Lawyers”

   

1993 - 1994

Legal consultant of the Ukrainian law firm “Della”, Kharkiv, Ukraine

   

1997 - 2000

Scholarly Adviser for a Judge of the Constitutional Court of Ukraine (was responsible for international law matters and, in particular, for legal drafting of the Constitutional Court of Ukraine Decision concerning death penalty abolishing)

   

Since 2000

Director of the Comparative Law Centre at the Ministry of Justice of Ukraine (public institution responsible for analitical provision of the process of approximation of the Ukraine’s legislation to the European Union law; research on the legal aspects of European integration) and of the Secretariat of the Inter-Institutional Co-ordination Council on Approximation of Ukrainian Legislation to the European Union Law (governmental institution)

   

Since 2001

Secretary and member of the Inter-Institutional Co-ordination Council on Approximation of Ukrainian Legislation to the European Union Law

B.        In the Field of International Legal Practice

   

1997

participation in the United Nations operation in the Republic of Tajikistan, expert of international humanitarian law and on comparative constitutional law matters (the United Nations Mission of Observers in Tajikistan - UNMOT)

since 1997

expert of the United Nations on public law matters (international and constitutional law)

   

C.        In the field of scholarly and teaching activities

   

1994 - 1995

Visiting scholar at Duke University School of Law, North Carolina, USA, legal research in the field of international law, international humanitarian law and human rights, comparative constitutional law and jurisprudence, public lecturing on Ukrainian public law

1996 - 1997

Assistant Professor at the Theory of State and Law Department of Yaroslav Mudry National Law Academy of Ukraine, Kharkiv, lecturing and legal research

   

Since 1995

Faculty member of Ukrainian Center for Legal Studies at Kyiv Taras Shevchenko National University, Ukraine, lecturing on constitutional theory, comparative constitutional law and constitutional mechanism of the protection of constitutional rights and freedoms

   

1995-2000

Participation in international conferences (Russia, Hungary, USA, UK, Germany), comparative constitutional, public and private international law

   

1997

Visiting scholar at University of Chicago School of Law, Illinois, USA, legal research in comparative constitutional and international law

   

1997

Visiting scholar at University of Notre Dame School of Law, USA legal research in the US and Germany constitutional Law

   

1998

Visiting scholar at the School of Public Law and Policy at Birmingham University, UK

   

1999

Visiting scholar at Max Plank Institute of Comparative and International Law, Germany, legal research in public international law

   

1997-2000

Dean of the Constitutional Law Department of the Ukrainian Center for Legal Studies at the Kiev Taras Shevchenko National University, Ukraine

   

1997-1998

Scholarly contributor to The East European Constitutional Review at New-York University School of Law(USA), Central European University and Constitutional and Legislative Policy Institute (Budapest, Hungary)

1997-2000

Liaison Officer Deputy with special responsibilities for the regular contribution to The Bulletin on Constitutional Case-Law Ukrainian Update, Secretariat of the Venice Commission "Democracy through Law", Council of Europe, Strasbourg, France

   

1998

Legal internship at the Lord-Chancellor's Department and at the office of UK representative at the European Court of Human Rights, United Kingdom (John Smith Memorial Trust Fellowship)

   

Since 2000

Senior researcher at the Institute of State and Local Government at the Academy of Law Sciences of Ukraine

   

Since 2001

Contributing editor of the Case Law of the European Court of Human Rights. Judgments. Commentaries Journal

   

D.       Public Activities

   

Since 1993

Member of Association of Ukrainian Lawyers

   

Since 1999

Member of Ukrainian Association of International Law

   

Since 1998

Vice-Chairman of Ukrainian Association of Constitutional Law

   

Since 1998

Chairman of the Jury of the All-Ukrainian European Studies essay competition

   

Since 1999

Chairman of the Jury of the All-Ukrainian Leonid Yuzkov Constitutional Law Competition

   

Since 1999

Chairman of the Jury of the All-Ukrainian Volodymyr Sumin Legal Reform Competition

4.        Publications and Other Works

more than 40 published results of legal research on legal theory, jurisprudence, constitutional, international law and human rights matters

5.        Principal Publications

Introduction to Constitutional Jurisprudence, Kyiv, 2001 (monograph)

Access to Documented Personal Data: European Law and Practice of the Constitutional Court of Ukraine in “Issues Concerning Harmonisation of the Ukainian Legislation with International Law”, Kyiv, 1998

A Formal and Organic Description of the Principle of the Rule of Law Principle: Towards New Method of Interpreting the Constitution, Ukrainske Pravo Journal, No. 2 (1999)

European Convention on Human Rights and Fundamental Freedoms: Practice of Implementation and Interpretation Principles in the Context of Modern Ukrainian Legal Thinking, Case Law of the European Court of Human Rights. Judgments. Commentaries, No. 2 (1999)

Procedural Foundations for Consitutional Democracy: The Concept of the ‘Due Process of Law’, Ukrainske Pravo, No. 2 (1999)

On Binding Force of the Constitutional Court Decisions in the Context of the Case Law Doctrine, Pravo Ukrainy Journal, No. 2 (2000)

When Laws Remain in Force. On Presumption of Constitutionality of Legal Acts Principle, Uryadovy Kuryer, No. 164 (2000)

Between Principle and Norm. The Constituional Law in the Context of the Post-Modern, Yuridicheskaya Praktika, No. 3 (2001)

Significance of the Proportionality Principle for Defining the Constitutionality of Legal Limitation on Realization of Constitutional Rights and Freedoms (Foreign Experience), Visnyk Akademii Pravovyh Nauk Ukrainy, No. 1 (2000)

Natural Law Foundations of the Constitutional Law, Ukrainske Pravo, No. 1 (2001)

6. Language Skills

Ukrainian (native)

Russian (fluent)

English (fluent)

Polish (intermediate)

1        Two of the candidates on the Romanian list were already presented in Doc. 8990.

2        One of the candidates on the Ukrainian list was already presented in Doc. 8990.