Doc. 9162

3 July 2001

Candidates to the European Court of Human Rights

Motion for a resolution

presented by Mr McNamara and others

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

1.       By its Order No. 519 (1996) on the procedure for examining candidatures for the election of judges to the European Court of Human Rights, the Assembly instructed its Committee on Legal Affairs and Human Rights to examine the question of the qualifications and manner of appointment of judges to the European Court of Human Rights, with a view to achieving a balanced representation of the sexes.

2.       In order to fulfil this task, the Committee on Legal Affairs and Human Rights set up a Sub-Committee on the Election of Judges which holds hearings with all candidates. The conclusions of the Sub-Committee are made available to all the members of the Assembly prior to the elections.

3.       Following the first elections in accordance with the European Convention on Human Rights, as amended by Protocol No 11, which took place in January 1998, April 1998 and June 1999, the Assembly adopted Recommendation 1429 (1999) on national procedures for nominating candidates for election to the European Court of Human Rights in which it recalled the criteria to be followed by governments when drawing up lists of candidates for the office of judge in the European Court of Human Rights.

4.       In particular, it asked them to ensure that the candidates have experience in the field of human rights and to select candidates of both sexes in all cases. It also recommended that the governments of member states consult their national parliaments when drawing up the lists.

5.       On the occasion of the partial elections held in accordance with Article 23 of the Convention in April 2001, the Assembly noted that out of 18 lists submitted 11 presented only men and two presented only women. It also noted that in some cases, irrespective of the size of the country, only one of the three candidates, and in some cases only two of the three, fulfilled the criteria of qualifications.

6.       In view of the aforesaid, the Assembly resolves that, in the future, it will no longer consider lists of candidates where it is apparent that not all the candidates fulfil the requirement of qualifications mentioned in the Convention or when candidates of only one sex are put forward and it instructs its Sub-Committee on the Election of Judges to act accordingly.

Signed : ¹

McNamara, United Kingdom, SOC

Akçali, Turkey, EDG

Aliyev G., Azerbaijan, EDG

Bindig, Germany, SOC

Cilevics, Latvia, SOC

Coifan, Romania, LDR

Demetriou, Cyprus, EPP/CD

Dimas, Greece, EPP/CD

Dreyfus-Schmidt, France, SOC

Enright, Ireland, EPP/CD

Hajiyeva, Azerbaijan, EPP/CD

Holovaty, Ukraine, LDR

Jäätteenmäki, Finland, LDR

Jaskiernia, Poland, SOC

Jurgens, Netherlands, SOC

Kresák, Slovakia, LDR

Kroupa, Czech Republic, EPP/CD

Lauricella, Italy, SOC

Libane, Latvia, LDR

Lintner, Germany, EPP/CD

Magnusson, Sweden, SOC

Marty, Switzerland, LDR

Mikaelsson, Sweden, UEL

Olteanu, Romania, SOC

Rogozin, Russia, EDG

Škrabalo, Croatia, LDR

Tevdoradze, Georgia, EDG

Vanoost, Belgium, SOC

Wohlwend, Liechtenstein, EPP/CD

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