List of Judges of the Court Since 1959
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Topic I Topic II Topic
Luxembourg 6th European May 2011 Jurists’ Forum O r g a n i z e r Ministry of Justice | Ministry of Finance University of Luxembourg | Luxembourg Bar Council www.eurojurist2011.lu Topic I Financial regulation: European law put to the test Topic II Fundamental rights Topic III Information law in a cross-border European context guest speakers Mr Jean-Claude Juncker Prime Minister of Luxembourg, President of the Euro Group Mr Vassilios Skouris Mrs Viviane Reding President of the Court of Justice Vice-President of the European Commission and of the European Union EU Commissioner for Justice, Fundamental Rights and Citizenship Luxembourg 6th European May 2011 Jurists’ Forum Topic I Financial regulation: European law put to the test 1. A renewal of the sources of law 2. Crisis management and financial stability 3. Strengthening investor protection 1. A renewal of the sources of law Chairperson Prof. Blanche SOUSi-rOUBi University of Lyon, France The proliferation of legal regulation instruments: order or disorder? Speaker Prof. Jean-Jacques Daigre University of Paris I, France European supervisory authorities: the example of european financial markets authority Speaker Prof. eddy WYMeerSCH University of Gand, Belgium The international sources of european law Speaker Prof. Pierre-Henri COnaC University of Luxembourg, Luxembourg Panel Mr David green Advisor, Financial Reporting Council (FRC), United Kingdom Panel Mr Jean gUiLL General Counsel, Commission de Surveillance du Secteur Financier (CSSF), Luxembourg Panel Prof. Heribert HirTe University of Hambourg, Germany 2. Crisis management and financial stability Chairperson Mr Yves MerSCH President, Banque Centrale du Luxembourg, Luxembourg Conflicts of sovereignty? Legal basis of stability pact protection Speaker Prof. -
Mélanges En L'honneur De / Essays in Honour of Dean Spielmann
Liber amicorum Liber amicorum Dean Spielmann Liber amicorum Dean Spielmann Liber amicorum Liber amicorum Dean Spielmann MélangesMélanges en l’honneur en l’honneur de / de / EssaysEssays in honour in honour of of Dean Spielmann DeanDean Spielmann Spielmann Mélanges en l’honneur de / Dean Spielmann Edités par / edited by Josep EditésCasadevall, par / edited Guido by Raimondi, Erik Fribergh, Essays in honour of Josep Casadevall,Patrick Guido Titiun, Raimondi, Peter Kempees, Erik Fribergh, John Darcy PatrickAvec Titiun, l’assistance Peter deKempees, Nicole Lehner John Darcy et Nathalie Donath Avec l’assistance de Nicole Lehner et Nathalie Donath Dean Spielmann Le mandat de Dean Spielmann en tant que Président de la Cour européenne des droits Dean of Spielmann in honour / Essays de Mélanges en l’honneur Le mandatde de l’homme Dean Spielmann s’achève. en tant que Président de la Cour européenne des droits de l’homme s’achève. Après des études prestigieuses à Louvain et Cambridge, Dean Spielmann s’est consacré Dean of Spielmann in honour / Essays de Mélanges en l’honneur Après desà études la profession prestigieuses d’avocat, à Louvain qu’il a exercée et Cambridge, brillamment Dean jusqu’à Spielmann son élection s’est consacré comme juge à la à la professionCour d’avocat, en 2004. qu’il Élu aPrésident exercée brillamment de Section en jusqu’à 2011 sonet en élection 2012, Vice-Président,comme juge à la il devient, Cour en 2004.la même Élu année, Président Président de Section de la enCour. 2011 et en 2012, Vice-Président, il devient, la même année, Président de la Cour. -
Comments on the Law on Occupied
Strasbourg, 4 March 2009 CDL(2009)045* Opinino no. 516/2009 Engl.only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) COMMENTS ON THE LAW ON OCCUPIED TERRITORIES OF GEORGIA Ms Angelika NUSSBERGER (Substitute Member, Germany) *This document has been classified restricted on the date of issue. Unless the Venice Commission decides otherwise, it will be declassified a year after its issue according to the rules set up in Resolution CM/Res(2001)6 on access to Council of Europe documents. This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL(2009)045 - 2 - Introduction The Monitoring Committee of the Parliamentary Assembly has asked the Venice Commission to assess the law of Georgia “On occupied territories of Georgia” which was enacted on 23 October 2008. The reporters were provided with an English translation of the relevant law as well as with additional information, i.e. an extract of the Criminal Code of Georgia (Articles 322/1 and 344), an extract of the Georgian Law on General Education (Article 63/1) and an extract of the Georgian Law on High Education (Article 89/1). They were also sent “Information regarding the criminal charges being brought against foreigners having breached the law on occupied territories”. The “Law on Occupied Territories of Georgia” is based on the perception that the two break- away regions of the Republic of Georgia, Abkhazia and South Ossetia, are part of the Republic of Georgia, but are illegally occupied by the Russian Federation. This understanding is clearly expressed by the reference to the sovereignty and integrity of Georgia in the preamble to the law and the qualification of the presence of military forces as “illegal military occupation of the territory of a sovereign country”. -
Criza Politică Postelectorală Din Republica Moldova
REGISTRU ACTUAL 119 Dorin CIMPOEŞU Criza politică postelectorală din Republica Moldova O mare incertitudine politică postelectorală Rezultatele alegerilor parlamentare din 24 fe- bruarie 2019 se arătau neconcludente pentru evoluția politică postelectorală a Republicii Moldova. Acestea au permis accederea în D.C. – prof. univ., dr. în noul Parlament a trei forțe politice mari istorie. Autor al volumelor (PSRM, PDM și Blocul ACUM), cu un nu- Guvernarea de centru-dreapta în Basarabia (Republica măr de mandate aproape egal (35, 30 și 26), Moldova) 1998-1999 (2009); ceea ce le făceau dependente în perspectiva Restauraţia comunistă creării unei coaliții parlamentare majoritare. sovietică în Republica Moldova (2008); Republica Pe de altă parte însă, acestea erau incompati- Moldova, între România şi bile din punct de vedere ideologic, al viziunii Rusia (Premiul Salonului de dezvoltare a Republicii Moldova, precum Internaţional de Carte, și al drumului pe care aceasta urma să-l par- Chişinău, ediţia a XIX-a, 2010); Basarabia la un secol curgă, în perioada următoare. de la Marea Unire, 1991-2018 În același timp, relațiile dintre aceste forțe (2018). Specialist în istoria contemporană a României, erau de o neîncredere aproape totală, una inclusiv a Basarabiei (1918 – dintre ele (Blocul ACUM) acuzându-le pe ce- prezent), profesor de istoria lelalte două, fie deoligarhizarea țării și captu- contemporană a românilor şi rarea instituțiilor statului (PDM), fie de pro- istoria instituţiilor româneşti contemporane. rusism și de blaturi la vedere sau mai ascunse cu puterea în exercițiu (PSRM). În această triadă politică incompatibilă mai avea un cuvânt greu de spus și vectorul rus, 120 ROMÂNĂ care, dorind să-și prezerve influența în Republica Moldova, princoloa - na a cincea socialistă, nu era de acord cu o alianță toxică între PSRM și PDM, condus de antirusul Vlad Plahotniuc, căruia procuratura rusă îi deschisese mai multe dosare penale. -
Conseil De L'europe Council of Europe Cour Européenne Des Droits De L
CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS GRAND CHAMBER CASE OF O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM (Applications nos. 15809/02 and 25624/02) JUDGMENT STRASBOURG 29 June 2007 2 O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM JUDGMENT In the case of O’Halloran and Francis v. the United Kingdom, The European Court of Human Rights, sitting as a Grand Chamber composed of: Jean-Paul Costa, President, Luzius Wildhaber, Christos Rozakis, Nicolas Bratza, Boštjan M. Zupančič, Rıza Türmen, Volodymyr Butkevych, Josep Casadevall, Matti Pellonpää, Snejana Botoucharova, Stanislav Pavlovschi, Lech Garlicki, Javier Borrego Borrego, Alvina Gyulumyan, Ljiljana Mijović, Egbert Myjer, Ján Šikuta, judges, and Vincent Berger, Jurisconsult, Having deliberated in private on 27 September 2006 and on 23 May 2007, Delivers the following judgment, which was adopted on the last- mentioned date: PROCEDURE 1. The case originated in two applications (nos. 15809/02 and 25624/02) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two British nationals, Mr Gerard O’Halloran and Mr Idris Richard Francis (“the applicants”), on 3 April 2002 and 15 November 2001 respectively. 2. The applicants, one of whom had been granted legal aid, were represented by Mr J. Welch of Liberty, London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr D. Walton of the Foreign and Commonwealth Office. 3. Mr O’Halloran alleged that he had been convicted solely or mainly on account of the statement he had been compelled to provide under threat of a penalty similar to the offence itself. -
CASE of KONSTANTIN MARKIN V. RUSSIA
GRAND CHAMBER CASE OF KONSTANTIN MARKIN v. RUSSIA (Application no. 30078/06) JUDGMENT STRASBOURG 22 March 2012 This judgment is final but may be subject to editorial revision. KONSTANTIN MARKIN v. RUSSIA JUDGMENT 1 In the case of Konstantin Markin v. Russia, The European Court of Human Rights, sitting as a Grand Chamber composed of: Nicolas Bratza, President, Jean-Paul Costa, Françoise Tulkens, Josep Casadevall, Ján Šikuta, Dragoljub Popović, Päivi Hirvelä, Nona Tsotsoria, Ann Power-Forde, Zdravka Kalaydjieva, Işıl Karakaş, Mihai Poalelungi, Kristina Pardalos, Guido Raimondi, Angelika Nußberger, Paulo Pinto de Albuquerque, judges, Olga Fedorova, ad hoc judge, and Johan Callewaert, Deputy Grand Chamber Registrar, Having deliberated in private on 8 June 2011 and on 1 February 2012, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1. The case originated in an application (no. 30078/06) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Mr Konstantin Aleksandrovich Markin (“the applicant”), on 21 May 2006. 2. The applicant, who had been granted legal aid, was represented by Ms K. Moskalenko and Ms I. Gerasimova, lawyers practising in Moscow, and Ms N. Lisman, lawyer practising in Boston (the United States of America). The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights, and Ms O. Sirotkina, counsel. 3. The applicant complained of the domestic authorities’ refusal to grant him parental leave because he belonged to the male sex. -
Rolv Ryssdal* President, and the Former Vice-President, Hermann Mosler Council of Europe
section Some Notable People3 in the Court’s History CHAPTER 7 Presidents of the Court Lord (Arnold Duncan) McNair (1885–1975) British • Barrister, law professor and international judge • Judge (1946–52) and President of the International Court of Justice (1952–5) • President (1959–65) and thereafter judge at the Court (1965–6) Lord McNair served as the first President of the Court. He was educated at Aldenham School and Gonville and Caius College, Cambridge, where he read law. From 1907 to 1908 he was Secretary of the Cambridge University Liberal Club, and in 1909 he was President of the Cambridge Union. After practising as a solicitor in London, he returned to Cambridge in 1912 to become a fellow of his old college, later becoming senior tutor. In 1917 he was called to the Bar, Gray’s Inn. He had taken an interest in international law from an early age, and in 1935 he was appointed Whewell Professor of International Law at Cambridge. However, he left this chair in 1937 to become Vice-Chancellor of Above: Lord (Arnold Duncan) McNair. Liverpool University. He remained at Liverpool until 1945, Opposite: Poster with some of the when he returned to Cambridge to take up the position of Convention’s keywords (2009). Professor of Comparative Law. The following year he was 106 The Conscience of Europe: 50 Years of the European Court of Human Rights Chapter 7: Presidents of the Court elected a judge of the International Court of Justice in The rights. He wanted above all to place human rights at the heart 1974 that France ratified the Convention, only two years Hague, a post he held until 1955, and he was also President of the European construction project then just beginning. -
Here Only Five Per Cent of the 168 Ad Hoc Panelists Who Served During the GATT Period Were Women
Celebrating women in WTO dispute settlement The WTO dispute settlement system recently reached a milestone, when a woman was selected to serve on a panel for the 100th time since the establishment of the WTO in 1995. This represents an achievement not only for the WTO, but for international adjudication more generally. Traditionally, women have not been well represented on international adjudicative bodies. For example, during its more than 75 years of operation, almost all judges of the International Court of Justice (ICJ) have been male. Only four women have been elected to the ICJ, the first ever in 19951, and four women have served temporarily as ad hoc judges in specific cases before the Court.2 One woman, Dame Rosalyn Higgins, has served as President of the Court. The International Tribunal for the Law of the Sea has a shorter yet similar history. Only one woman has been elected to the Tribunal out of a total of 41 judges elected since August 19963, and no women have served temporarily as ad hoc judges in specific cases. The field of investor-state arbitration has not fared much better. A 2015 study found that only 25 of the 499 arbitrators appointed in such disputes between the 1970s and the end of 2014 were women, making up approximately five per cent of the total.4 The European Court of Human Rights features slightly higher numbers, with 37 (or approximately 16 per cent) of the 184 judges elected since 1959 being women.5 Ms Işıl Karakaş of Turkey is currently serving as the Vice-President of the ECHR, following in the footsteps of one other woman Vice-President.6 The same tradition was found in international trade adjudication, where only five per cent of the 168 ad hoc panelists who served during the GATT period were women. -
Draft Study on Individual Access to Constitutional Justice
Strasbourg, 8 December 2010 CDL(2010)134* Study N° 538 / 2009 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) DRAFT STUDY ON INDIVIDUAL ACCESS TO CONSTITUTIONAL JUSTICE on the basis of comments by Mr Gaguik HARUTYUNYAN (Member, Armenia) Ms Angelika NUSSBERGER (Substitute Member, Germany) Mr Peter PACZOLAY (Member, Hungary) *This document has been classified restricted on the date of issue. Unless the Venice Commission decides otherwise, it will be declassified a year after its issue according to the rules set up in Resolution CM/Res(2001)6 on access to Council of Europe documents. This document will not be distributed at the meeting. Please bring this copy. http://www.venice.coe.int CDL(2010)134 - 2 - Table of contents INTRODUCTION...............................................................................................................6 GENERAL REMARKS......................................................................................................6 I. ACCESS TO CONSTITUTIONAL REVIEW ................................................................15 I.1. TYPES OF ACCESS...................................................................................................16 I.1.1. Indirect access ....................................................................................................16 I.1.2. Direct access.......................................................................................................20 I.2. THE ACTS UNDER REVIEW ........................................................................................27 -
Volume.1, Issue.1 AVE MARIA INTERNATIONAL LAW JOURNAL
AVE MARIA INTERNATIONAL LAW JOURNAL SYMPOSIUM: THE HOLY SEE: INTERNATIONAL PERSON AND SOVEREIGN ARTICLES The Holy See: International Person and Sovereign Robert John Araujo Foreign Sovereign Immunity and the Holy See Robert John Araujo The New Delicta Graviora Laws Davide Cito Le nuove norme sui delicta graviora Davide Cito The Holy See in Dialogue With the Jane Adolphe Committee on the Rights of the Child STUDENT NOTE The Truth Unraveled: Lowering Maternal Mortality Elise Kenny Inaugural Issue Volume 1 Fall 2011 Dedicated to Robert John Araujo, S.J. AVE MARIA INTERNATIONAL LAW JOURNAL 2011 - 2012 EDITORIAL BOARD ISSN 2375-2173 JESSICA HOYT Editor-in-Chief CHANILLE L. GRIGSBY ELISE KENNY Managing Editor Publication Manager MAJEL BRADEN MATEUSZ SZYMANSKI Executive Articles Editor Executive Articles Editor SENIOR EDITORS MELINDA ALICO AMY PENFOLD GENEVIEVE TURNER ASSOCIATE EDITORS MICHAEL ACQUILANO ASHLEY HARVEY MUKENI NADINE NTUMBA ASTHA ADHIKARY MARKUS HORNER ALISON ROGERS DOUGLAS CHRISTIANSEN BRENDAN MURPHY MARISSA ROZAS CATHERINE DREYER STEPHANIE MUSKUS COREY SMITH BRIAN GRAVUNDER RENEE VEZINA FACULTY ADVISORS JUDGE DANIEL RYAN PROFESSOR JANE ADOLPHE PROFESSOR KEVIN GOVERN AVE MARIA INTERNATIONAL LAW JOURNAL 2010 - 2011 EDITORIAL BOARD CHERYL LEDOUX Editor-in-Chief STEPHANIE GREWE JENNA ROWAN Managing Editor Publication Manager KATHERINE BUDZ SARA SCHMELING Executive Articles Editor Executive Articles Editor SENIOR EDITORS DOUG LAING LISA UTTER ASSOCIATE EDITORS MELINDA ALICO CHANILLE GRIGSBY AMY PENFOLD MAJEL BRADEN JESSICA HOYT MATEUSZ SZYMANSKI EVA-MARIE CHITTY ELISE KENNY GENEVIEVE TURNER FACULTY ADVISORS JUDGE DANIEL RYAN PROFESSOR JANE ADOLPHE ARTICLE SUBMISSIONS The Ave Maria International Law Journal is constantly seeking timely and thought- provoking articles that engage the international legal community on a wide range of topics. -
Annual Report 2013 Prov
European Court of Human Rights Annual Report 2013 Provisional Version Registry of the European Court of Human Rights Strasbourg, 2014 All or part of this document may be freely reproduced with acknowledgment of the source “Annual Report 2013 of the European Court of Human Rights, Council of Europe”. Photographs: Council of Europe Cover: the Human Rights Building (Architects: Richard Rogers Partnership and Atelier Claude Bucher) – Photograph: Michel Christen, Council of Europe CONTENTS Foreword 5 I. The Court in 2013 7 II. Composition of the Court 15 III. Composition of the Sections 19 IV. Speech given by Mr Dean Spielmann, President of the European Court of Human Rights, on the occasion of the opening of the judicial year, 25 January 2013 23 V. Speech given by Ms Christiane Taubira, Garde des Sceaux, French Minister of Justice, on the occasion of the opening of the judicial year, 25 January 2013 31 VI. Speech given by Mr Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia, President of the Mechanism for International Criminal Tribunals, on the occasion of the opening of the judicial year, 25 January 2013 39 VII. President’s Diary 49 VIII. Activities of the Grand Chamber, Sections and single- judge formations 59 IX. Case-law information, training and outreach 63 X. Summary of the main judgments and decisions delivered by the Court in 2013 77 XI. Cases reported in the Court’s Case-law Information Notes in 2013 147 XII. Statistical information 191 Events in total (2012-2013) 193 Pending cases allocated -
Case of Jussila V. Finland
CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS Case of Jussila v. Finland (Application no. 73053/01) Judgment Strasbourg, 23 November 2006 CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT O F HUMAN RIGHTS CASE OF JUSSILA v. FINLAND (Application no. 73053/01) JUDGMENT STRASBOURG 23 November 2006 2 JUSSILA v. FINLAND JUDGMENT In the case of Jussila v. Finland, The European Court of Human Rights, sitting as a Grand Chamber composed of: Jean-Paul Costa, President, Nicolas Bratza, Boštjan M. Zupančič, Peer Lorenzen, Lucius Caflisch, Loukis Loucaides, Ireneu Cabral Barreto, Volodymyr Butkevych, Josep Casadevall, Matti Pellonpää, Kristaq Traja, Mindia Ugrekhelidze, Antonella Mularoni, Elisabet Fura-Sandström, Ljiljana Mijović, Dean Spielmann, Ján Šikuta, judges, and Erik Fribergh, Registrar, Having deliberated in private on 5 July and 25 October 2006, Delivers the following judgment, which was adopted on the last- mentioned date: PROCEDURE 1. The case originated in an application (no. 73053/01) against the Republic of Finland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Finnish national, Mr Esa Jussila (“the applicant”), on 21 June 2001. 2. The applicant, who had been granted legal aid, was represented by Mr P. Lappalainen, a lawyer practising in Nokia. The Finnish Government (“the Government”) were represented by their Agent, Mr A. Kosonen of the Ministry for Foreign Affairs. 3. The applicant alleged that he had not received a fair hearing in the proceedings in which a tax surcharge was imposed as he had not been given an oral hearing.