FCO
JUDGE OF THE EUROPEAN COURT OF HUMAN RIGHTS
WITH RESPECT TO THE UK
GUIDE TO NOMINATION AND ELECTION PROCEDURES
The post of judge of the European Court of Human Rights with respect to the UK is a senior judicial appointment. Election is by the Parliamentary Assembly of the Council of Europe from a list of three candidates nominated by the British Government.
Criteria for Selection
Under Article 21(1) of the European Convention on Human Rights, judges must be of high moral character and either possess the qualifications required for appointment to high judicial office or be jurisconsults (for example academic lawyers and practitioners) of recognised competence. The key criteria against which applicants will be assessed are:
• A proven and consistently high level of achievement in the areas of law in which candidates have been engaged, and experience relevant to the post
• The capacity to learn and understand quickly other legal, constitutional and political systems
• The ability to communicate effectively both orally and on paper, particularly in the role of judge rapporteur, and to work well in a chamber of international judges
• Commitment to the principles of the European Convention on Human Rights
• An operational working knowledge of French
Procedure
1) Deadline and address for applications
Applications must be made in writing supported by a CV that includes the information referred to in the model CV in Resolution 1646 (2009) of the Parliamentary Assembly of the Council of Europe (template attached at Annex B). Please complete and return the model CV when making your application.
In addition to the model CV, applicants should also send their own Personal Statement of suitability and qualifications for the post, with reference to the criteria listed in the bullet points on the previous page.
Each application must be accompanied by a completed Declaration of Character (Annex C). It would be helpful if a completed Ethnic Origin Questionnaire (Annex D) accompanied the application, but please note that completion of this form is voluntary.
Any applicants wishing to apply under the Guaranteed Interview Scheme should completed and return the relevant form (Annex E) with their application.
Applicants should also include contact details for two professional referees. References will not be taken up until applicants are invited for interview (Reference Form is attached at Annex F).
Applications should be sent either by post to Information and Human Rights Policy, Justice Policy Group, Ministry of Justice, 102 Petty France, Postal Point 6.18, London SW1H 9AJ or by email to ecthr.judges@justice..uk, by 5 p.m. on Friday 25th November 2011 at the latest and should be marked PROTECT – PERSONAL.
If you have any questions or comments about this selection process they should be sent to the same addresses, either in hard copy or by email.
2) Selection Panel
Applications will be assessed, and a short list of candidates will be invited to interview before a selection panel comprising officials and independent members, including members of the UK judiciary. It is expected the interviews will be held in London in mid to late January 2012. The Government will draw up a list of three candidates on the basis of recommendations made by the selection panel.
The members of the selection panel are:
• Chair: The Right Hon The Lord Mance, Justice of the Supreme Court
• The Right Hon Lord Reed, Senator of the College of Justice
• Professor Nichola Rooney, Commissioner of the Northern Ireland Judicial Appointments Commission
• Iain Macleod, Legal Adviser, Foreign and Commonwealth Office
• Rosemary Davies, Legal Director, Ministry of Justice
Pen portraits of the selection panel members are attached at Annex J for information.
3) Election Process
The election process will be as follows:
• By the end of February 2012, the Government will submit a list of three candidates to the Council of Europe.
• The CVs of the candidates on the list will be examined by the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights, established by the Committee of Ministers of the Council of Europe.
• Following its examination, the Advisory Panel will advise whether the candidates meet the criteria for office set out in Article 21(1) of the European Convention on Human Rights.
• By 13 April 2012, UK’s list of three candidates must be formally submitted to the Parliamentary Assembly of the Council of Europe.
• In April/May 2012 the candidates will be interviewed by the Sub-Committee on the Election of Judges to the Court of the Parliamentary Assembly of the Council of Europe[1].
• The judge will be elected by majority vote at the third part-session of 2012 by the Parliamentary Assembly. The part-session is scheduled to take place in Strasbourg in the week of 25-29 June 2012.
Equality of Opportunity
Selection of candidates for nomination for election will be in accordance with equal opportunities principles. However the Parliamentary Assembly of the Council of Europe requires States Party to ensure that other than in exceptional circumstances lists of candidates should include candidates of both sexes and the Government will comply with this requirement: section 52(5) of the Equality Act 2010 applies.
Documents attached
• Note on terms and conditions of office (Annex A)
• Model CV template (Annex B)
• Declaration of Character (Annex C)
• Ethnic Origin Questionnaire (Annex D)
• Guaranteed Interview Scheme (Annex E)
• Reference Form (Annex F)
• Questions and Answers on the selection process and the post of Judge of the European Court of Human Rights with respect to the UK (Annex G)
• Relevant texts of the Council of Europe (Annex H)
• Pen portraits of the members of the Selection Panel (Annex J)
• Selection Process: Complaints and Conflicts of Interest (Annex K)
Annex A
JUDGE OF THE EUROPEAN COURT OF HUMAN RIGHTS
NOTE ON TERMS AND CONDITIONS OF OFFICE
Job Description
The office of judge is described in the European Convention on Human Rights, as amended, which is available at ETS no. 005 at the Council of Europe Conventions website at:
Further information about the office of judge, the organisation and working of the court and on court procedure can be found in the Rules of Court, available at:
Term and Conditions of Office
The term of office is nine years and is non-renewable.
The term will commence on 1 November 2012.
Judges are employed by the Council of Europe.
Judges will serve the Court on a full-time basis. Candidates will need to be ready to make such arrangements as are necessary to work on a full-time basis in Strasbourg. Judges are required to reside at or near Strasbourg.
Judges must not engage during their terms of office in any activity which is incompatible with their independence or impartiality, or with the demands of full-time office.
Judges’ terms of office expire when they reach the age of 70.
Judges hold office until replaced, but shall continue to deal with such cases as they already have under consideration.
No judge may be dismissed from office unless the other judges decide by a majority of two thirds that that judge has ceased to fulfil the required conditions.
Remuneration
1. Monthly emoluments
Gross monthly salary of €15,658.67, comprising a basic monthly salary of €13,918.82 and a displacement allowance of €1,739.85.
The following deductions apply:
- Contribution to the compulsory private medical and social insurance scheme
(2.288% of the gross salary) €358.27
- Contribution to the compulsory Council of Europe's New Pension Scheme
(9.30% of basic monthly salary) €1,456.26
Net monthly: €13,844.15
Salaries and emoluments paid by the Council of Europe are not subject to income tax (Article 18b of the General Agreement on Privileges and Immunities of the Council of Europe).
Salary is adjustable yearly by the Council of Europe having regard to the cost of living in France.
2. Medical and social cover
With effect from the date on which Judges take up their duties, they are affiliated to the Council of Europe’s private medical and social insurance scheme, which covers medical costs, maternity, temporary incapacity, invalidity and life insurance.
3. Retirement pension
With effect from the date on which Judges take up their duties, they are also affiliated to the Council of Europe’s New Pension Scheme.
Judges become entitled to a retirement pension from the age of 63. They need to have completed at least five years in office in order to qualify for a retirement pension. If Judges leave the European Court of Human Rights before completing this period, they will receive a leaving allowance equal to 2.25 times their rate of contribution as applied to their last annual salary (including displacement allowance), multiplied by the number of reckonable years of service. If they remain in office more than five years, they have the choice between either a retirement pension or a lump sum upon departure.
The New Pension Scheme allows Judges, subject to certain conditions and certain limits, to ask for periods of employment prior to the taking up of their duties to be taken into account.
Application for previous employment to be taken into account must be made to the Directorate of Human Resources of the Council of Europe within a 6-month period starting from the confirmation of election.
4. Medical examination
Judges are asked to undergo an initial medical examination by the Council of Europe doctor. If the medical examination shows that a Judge is suffering from an illness or disablement which so warrants, the Council of Europe may decide to defer entitlement to death or invalidity benefits, in respect of the risks arising from that illness or disablement.
Annual Leave
The formal rules for annual leave for Judges are set out in Article 7 of the Committee of Ministers Resolution CM/Res(2009)5 on the status and conditions of service of judges of the European Court of Human Rights and of the Commissioner for Human Rights (see: (2009)5&Language=lanEnglish&Ver=original&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383), which states:
The Court shall remain permanently in session. The duration of court vacations shall be determined by the President of the Court with due regard to the needs of business. During such court vacations, judges shall make themselves available as required. Judges may absent themselves from Strasbourg outside court vacations only exceptionally and with the President’s authorisation.
In practice, throughout the year, the Court has what are termed light business periods, in effect judicial vacations, which are determined by the President of the Court. These are distributed throughout the year with two weeks at Christmas, one week in February, two weeks at Easter, six weeks in the summer from mid-July and one week at the end of October/beginning of November. The dates vary slightly each year as they are based on the French school holidays. French public holidays are also included in the leave entitlement.
Annex B
Model curriculum vitae for candidates seeking election to the European Court of Human Rights
In order to ensure that the members of the Parliamentary Assembly of the Council of Europe have comparable information at their disposal when electing judges to the European Court of Human Rights, candidates are invited to submit a short curriculum vitae on the following lines:
I. Personal details
Name, forename
Sex
Date and place of birth
Nationality/ies
II. Education and academic and other qualifications
III. Relevant professional activities
a. Description of judicial activities
b. Description of non-judicial legal activities
c. Description of non-legal professional activities
(Please underline the post(s) held at present)
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
(Please underline the post(s) held at present)
VI. Other activities
a. Field
b. Duration
c. Functions
(Please underline your current activities)
VII. Publications and other works
You may indicate the total number of books and articles published, but mention only the most important titles (maximum 10)
VIII. Languages
(Requirement: an active knowledge of one of the official languages of the Council of Europe and a passive knowledge of the other)
|Language |Reading |Writing |Speaking |
| | | | |
| |
Annex D
PRIVATE AND CONFIDENTIAL
Name:…………………………………………………………………
Ethnic Origin Questionnaire
Completion of this form is voluntary. However, we would be most grateful for your co-operation in completing and returning this form. All completed forms should be returned with your CV and written expression of interest. If you do not wish to complete the form, it would be of assistance if you would note this on the form and return it.
If you fall into the first major category please tick one of the sub-groupings with which you most identify:
MAJOR CATEGORIES SUB GROUPINGS
White
British
English
Scottish
Welsh
Irish
Other (please
specify)……………………..
Mixed
White and Black Caribbean
White and Black African
White and Asian
Any other mixed background (please
specify)…………………………………….
MAJOR CATEGORIES SUB GROUPINGS
Asian, Asian British, Asian English,
Asian Scottish or Asian Welsh
Indian
Pakistani
Bangladeshi
Any other Asian background (please
specify) ...................................................
Black, Black British, Black English,
Black Scottish or Black Welsh
Caribbean
African
Any other Black background (please
specify) ................................................
Chinese, Chinese British,
Chinese English, Chinese Scottish,
Chinese Welsh
Chinese
Any other Chinese background (please
specify) ..................................................
Other (please specify) .........................................................................................................
Annex E
Guaranteed Interview Scheme
The Ministry of Justice and Foreign and Commonwealth Office are particularly keen to recruit disabled people who have the necessary skills. To encourage those applicants we operate a scheme under which disabled applicants, who have demonstrated the level of expertise required for the post, will be assured of an offer of an interview.
The Guaranteed Interview Scheme works as follows:
• Disabled applicants can choose to be considered under the Scheme.
• Their written application will be considered in the same way as other applicants.
• Panel members will not be informed that the applicant has applied under the GIS until after they have done their assessment.
• If the panel considers that, on paper, the GIS applicant has demonstrated the minimum criteria required for the post they will be offered an interview.
Interviews are competitive and the interview panel will recommend the best candidate to the Justice Secretary and the Foreign Secretary, who will make the final decision about who is included on the list of three candidates forwarded to the Council of Europe.
Please Note:
Where a candidate is unable to attend an interview on the set date then an alternative date will only be offered at the discretion of the panel.
When 30 or more applications are received, it is likely that your application will be “pre-assessed” before it is passed to the short listing panel for consideration. You should be aware that in this situation, your application might not be considered in full by all panel members.
If you are disabled and in receipt of benefits you need to be aware that under current regulations a paid appointment may affect your entitlement.
Guaranteed Interview Scheme Declaration
I consider myself to have a disability as defined under the Equality Act 2010, and I would like to apply under the Guaranteed Interview Scheme.
I do/do not require any special arrangements to be made for me to be able to attend or undertake the assessment centre or interview. (Please state any such reasonable adjustments below if applicable).
Name: __________________________________________
Date: __________________________________________
Signature: __________________________________________
Adjustment: __________________________________________
Required
*There is no need for a signature if you are submitting the form electronically.
Please return the completed form with your application.
Annex F
References
Please provide names and contact details of two people who may be asked to act as referees for you. They will be expected to have authoritative and personal knowledge of your achievements in a professional capacity
|Reference 1: |
|Name: | |
|Address: | |
|Telephone: | |
|Email: | |
|Reference 2: |
|Name: | |
|Address: | |
|Telephone: | |
|Email: | |
Signature/Declaration
Please sign the following declaration:
I declare that the information supplied in this application is complete and correct to the best of my knowledge. I have also read the information pack and can confirm that I am eligible to be considered for appointment to this body. I also certify that I will immediately inform the Ministry of Justice of any changes in circumstances that affect the answers I have given.
Signed………………………………………………………………………………………
Date…………………………………………………………………………………………
Annex G
Questions and Answers on the selection process and the post of Judge of the European Court of Human Rights with respect to the UK
Q: What is the timetable for the selection/election process?
A: It is expected that:
• By the end of January 2012 the Secretary of State for Justice and the Foreign Secretary will be provided with the list of three candidates to be submitted to the Council of Europe.
• By the end of February 2012 at the latest the Government will have submitted a list of three candidates to the Council of Europe.
• In April/May 2012 the candidates will be interviewed by a sub-committee of the Committee on Legal Affaires and Human Rights of the Parliamentary Assembly of the Council of Europe.
• At the end of June 2012 the judge will be elected by majority vote at the third part-session of the Parliamentary Assembly.
Q: How long are judges appointed to the European Court of Human Rights?
A: The judges shall be elected for a period of nine years. They may not be re-elected.
The terms of office of judges shall expire when they reach the age of 70. The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration. No judge may be dismissed from office unless the other judges decide by a majority of two-thirds that that judge has ceased to fulfil the required conditions.
Q: When will Sir Nicolas Bratza’s term expire?
A: Sir Nicolas’s current term expires on 31 October 2012.
Q: What is the annual salary of the judge?
A: The current salary for a judge at the European Court of Human Rights is €187904.04 gross and tax free. The net salary after deductions for compulsory pension scheme and compulsory private medical and social insurance is
€166129.80.
This salary is adjusted annually in accordance with any adjustments made to salaries of Council of Europe staff members based in France and also by reference to an index reflecting the changes in power purchasing parity in the public sector of eight reference countries (i.e. a basket of public sector salaries).
Q: Who is responsible for paying the annual salary of the UK judge to the European Court of Human Rights?
A: The annual salary is paid by the Council of Europe.
Q: What is included in the salary package?
A: The UK judge is included in the main Council of Europe pension scheme and affiliated to the Council of Europe Medical and Social Insurance Scheme.
Q: Will travel expenses by paid by the Council of Europe?
A: The Council of Europe will pay:
1) Travel and subsistence expenses of a judge on an official journey;
2) Travel, subsistence and removal expenses incurred when taking up or on termination of their duties
Q: What about pension arrangements?
A: Although our current judge at the ECtHR does not receive his High Court salary whilst sitting at the ECtHR, he retains his eligibility for his High Court pension. This provision was considered necessary on appointment as judicial office at the Court is not permanent and did not attract a pension.
Judges at the ECtHR are now included in the main Council of Europe pension scheme. Membership is compulsory for judges of the Court and their salary contains an element to provide for their pension contribution.
If another holder of a judicial office in the UK is elected as the next judge to the ECtHR with respect to the UK, under existing legislation they will be able remain a member of the domestic judicial pension scheme of which they were a member immediately before their election as well as being a member of the compulsory Council of Europe scheme. The Government is considering whether this situation is sustainable or whether the legislation should be amended to end the entitlement to remain as a member of the domestic judicial pension scheme while serving at the Court.
If such an amendment is taken forward this may affect the next UK judge, even though s/he will have been appointed before the amendment was introduced.
As membership of the Council of Europe scheme is compulsory, if the next UK judge is entitled to remain a member of domestic judicial pension scheme under the existing legislation they will have to decide whether they wish to make contributions to both schemes.
Q: Why can a non-British national serve as the UK judge at the Court?
A: The European Convention on Human Rights (ECHR), under which the Court is established, does not set nationality requirements for judges.
Article 22 (1) of the ECHR states that a judge shall be elected “with respect to” each contracting party. This enables states to nominate candidates other than their own nationals.
For example, a Swiss national has been the judge in respect of Liechtenstein. Nevertheless, the practice of most countries is to nominate their own nationals.
The UK Government has specified in the advertisement for this position that applicants must demonstrate a close current connection with the United Kingdom and familiarity with one or more of its legal systems.
Q: What is the European Tribunal in matters of State Immunity?
A: The European Convention on State Immunity and its additional protocol were opened for signature in May 1972. Under this Protocol a European Tribunal is set up, the members of which include, amongst others, members of the European Court of Human Rights. The candidate who is appointed as judge for the European Court of Human Rights with respect to the UK will be required to perform additional duties of judge at the European Tribunal in matters of State Immunity.
However, the European Tribunal has never so far sat in a judicial capacity.
Q: What is the judicial status in the UK of the UK’s judge at the European Court of Human Rights?
A: Section 18 of the Human Rights Act 1998 (HRA) states that the holder of a judicial office may become a judge of the European Court of Human Rights without being required to relinquish his/her office. However he/she is not required to perform the duties of the judicial office while sitting at the Strasbourg Court.
Q: What is the judicial status at the ECtHR of the UK’s judge at the European Court of Human Rights?
A: Article 21 of the European Convention on Human Rights states:
“2. The judges shall sit on the Court in their individual capacity.
3. During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality, or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.”
Article 51 of the Convention states that during the exercise of their functions judges shall be entitled to the privileges and immunities “provided for in Article 40 of the Statute of the Council of Europe and the agreements made thereunder”.
The 6th Protocol to the General Agreement on Privileges and Immunities of the Council of Europe makes specific provisions for the judges at the Court and can be accessed at:
Annex H
Relevant Texts of the Council of Europe
• Resolution 1646 (2009) of the Parliamentary Assembly concerning the nomination of candidates and election of judges to the European Court of Human Rights
()
• Relevant extract from the Rules of the Parliamentary Assembly, June 2011, Complementary Texts, Elections by the Parliamentary Assembly, Part V “Candidates for the European Court of Human Rights”, page 162: Resolution 1366 (2004) as modified by Resolution 1426 (2005) and Resolution 1627 (2008)
()
• Committee of Ministers Resolution CM/Res(2009)5 on the status and conditions of service of judges of the European Court of Human Rights and of the Commissioner for Human Rights, adopted on 23 September 2009 ()
• Committee of Ministers Resolution CM/Res(2010)26 on the establishment of an Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights,
((2010)26&Language=lanEnglish)
• Resolution 1726 (2010) of the Parliamentary Assembly, paragraph 8
().
See also document AS/Jur/Inf (2011) 02 rev 3 –
“Procedure for electing judges to the European Court of Human Rights”, which contains a number of useful hyperlinks to other relevant documents.
Annex J
Pen Portraits of the Selection Panel Members
• Chair: The Right Hon The Lord Mance, Justice of the Supreme Court
Lord Mance became a Lord of Appeal in Ordinary in 2005. He was from 1999 to 2005 a Lord Justice of Appeal and from 1993 to 1999 a Judge of the High Court, Queen’s Bench Division. He represented the UK on the Council of Europe’s Consultative Council of European Judges, being elected its first chair from 2000 to 2003. He is a member of the Judicial Integrity Group and of the seven person panel set up under the Treaty on the Functioning of the European Union (article 255) to give an opinion on candidates’ suitability to perform the duties of Judge and Advocate-General of the European Court of Justice and General Court. He served from 2007 to 2009 on the House of Lords European Union Select Committee, chairing sub-committee E which scrutinises proposals concerning European law and institutions. In 2006 he chaired a working group under the auspices of the All Party Parliamentary Group on the Great Lakes Region, recommending changes in the procedures for enforcement of the OECD Guidelines for Multinational Enterprises, and in 2008 he led an international delegation for the same Group and the Swedish Foundation for Human Rights, reporting on the problems of impunity in relation to violence against women in the Congo. Lord Mance is also the Chair of the Executive Council of the International Law Association.
• The Right Hon Lord Reed, Senator of the College of Justice
Lord Reed has been a judge of the Court of Session since 1998. He was appointed to the Inner House in 2008, having previously been the principal judge of the Commercial Court. He has also sat as an ad hoc judge of the European Court of Human Rights, and is a current member of the panel of ad hoc judges. Prior to his appointment as a judge he practised at the Scottish Bar, principally in the areas of public and European law.
• Professor Nichola Rooney, Commissioner of the Northern Ireland Judicial Appointments Commission
Professor Rooney is a Commissioner of the Northern Ireland Judicial Appointments Commission having been appointed on 2nd February 2009 until 14th June 2013. She has been a Consultant Clinical Psychologist in the Health Service for over 18 years, has managed Psychological Services at the Royal Hospitals Belfast and the Belfast Health and Social Care Trust and been instrumental in the development of Department of Health and Social Services (DHSS) regional strategies. From 2002 - 2004 Professor Rooney was appointed by the Northern Ireland Minister for Health as a member of the Human Organs Inquiry Relative's Reference Group. Currently, she is Honorary Professor at Queen's University Belfast, Professional Advisor to the Northern Ireland Regulation and Quality Improvement Authority (RQIA) and an independent consultant practitioner.
• Iain Macleod, Legal Adviser, Foreign and Commonwealth Office
Iain Macleod was admitted as a solicitor in 1987 and since then has held positions in a number of Government departments. At the Foreign and Commonwealth Office, he worked at the UK Representation to the EC and at the UK Mission to the UN. Subsequently, he was Deputy Legal Adviser at the Home Office and then Legal Adviser, Central Advisory Division, Treasury Solicitor's Department, before taking up his present post earlier this year.
• Rosemary Davies, Legal Director, Ministry of Justice
Rosemary Davies was admitted to practice as a solicitor in 1983 and worked for Winstanley-Burgess Solicitors for several years, specialising in judicial review in immigration and asylum cases. She joined the Government Legal Service in 1990, initially in the Home Office Legal Adviser’s Branch and since 2007, in the Ministry of Justice. She has been involved in a large number of government Bills during her career and in litigation in the UK courts and European Court of Human Rights and is currently Legal Director at the Ministry of Justice.
Annex K
Selection Process: Complaints and Conflicts of Interest
Complaints Procedure
If you have any complaints about this selection process they should be sent either by post to Information and Human Rights Policy, Justice Policy Group, Ministry of Justice, 102 Petty France, Postal Point 6.18, London SW1H 9AJ or by email to ecthr.judges@justice..uk, and should be marked PROTECT – PERSONAL.
If you are not satisfied with the response you receive you can ask for a review by contacting: publicappointmentsteam@justice..uk
Conflicts of Interest
Once all applications have been received, each panel member will complete a form stating whether they have any potential conflicts of interest arising from a connection with any of the applicants.
The panel will decide, by a simple majority, whether there is a conflict of interest and in any identified cases the panel member will not be involved in the sifting decision whether or not to invite the applicant in question for interview. The completed forms and a written record of the panel’s deliberations on any possible conflict of interest will be retained by the Ministry of Justice.
In the event that there is an identified conflict of interest between a panel member and any of the applicants short-listed for interview, arrangements will be made for the replacement of the relevant panel member to avoid any conflicts of interest. The newly constituted selection panel will conduct all of the interviews.
It is not possible to provide definitive list of the circumstances in which a conflict of interest may arise, but some possible examples are where there is a family, or close personal or professional connection between a panel member and an applicant.
Applicants should avoid asking any of the panel members from acting as their professional referee.
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[1] Travel expenses and subsistence incurred in attending the interviews will be met by the Council of Europe.
[2] Please delete as appropriate
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