Mr Dick Marty Chairman of the Committee on Legal Affairs and Human Rights Parliamentary Assembly of the Council of Europe F-67075 Strasbourg Cedex France   Â

Parliament of Denmark International Secretariat Christiansborg DK-1240 Copenhagen K Tel.   +45 33 37 55 00 Fax   +45 33 32 85 36 www.ft.dk [email protected]

Danish selection procedures for candidates for the European Court of Human Rights

03 July 2007

 

 

Dear Mr Marty,

 

 

I refer to your letter of 4 June 2007 and questionnaire about national selection procedures for candidates for the European Court of Human Rights.

 

The Danish Delegation has asked the Ministry of Justice to contribute to the reply of the questionnaire, and this contribution follows below.

 

 

 

1. How do your procedures meet the criteria of fairness, transparency and consistency (see, in this connection, reply from the Committee of Ministers to PACE Recommendation 1649 (2004)).

 

In February 2007 the Danish Government decided to change the procedures concerning nomination of candidates for the European Court of Human Rights (ECHR) and follow the recommendations of the Parliamentary Assembly in Recommendation 1649(2004). The Minister for Justice informed the Danish Parliament of this decision.

 

Hence, the Ministry of Justice and the Ministry of Foreign Affairs made a public call for candidatures to the ECHR as described in the answer to the second question below.

 

It was specified in the advertisements that the candidates must have experience in the field of human rights, that every Member State’s list must contain candidates of both sexes and that the candidates must have a sufficient knowledge of at least one of the two official languages of the Council of Europe. The criteria mentioned in Article 21 of the European Convention on Human Rights were also highlighted in the advertisement.

 

All interested persons were encouraged to apply regardless of their age, sex, race, religion or ethnic background. Candidates were requested to complete the standard curriculum vitae prepared by PACE and submit it along with their application.

 

The advertisement also stated that further information concerning the salary and the conditions of service could be found at the websites of the two ministries involved, e.g. the Committee of Ministers’ resolution Res (2004) 50 on the status and conditions of service of judges of the ECHR.

 

Furthermore, the advertisement contained information about the procedures following the call for candidatures, including information about the deadline for submitting the Danish list of candidates to the Secretary General of the Council of Europe. It was also mentioned that the sub-committee of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly would organise interviews with the nominated candidates.   

 

A copy of the advertisement was also sent to the Danish Parliament for information.

 

Having received a number of applications, the two ministries assessed the applications applying the criteria mentioned in the European Convention on Human Rights and in Recommendation 1649(2004) of the Parliamentary Assembly. The ministries then submitted the list of candidates to the Government’s “Hiring Committee” – a special committee of ministers responsible for nominating candidates for certain high level posts – with a recommendation as to which three candidates to select. The committee approved the recommended three candidates (two men and a woman).

 

The Ministry of Justice then informed the applicants and the Danish Parliament of the result and the Ministry of Foreign Affairs sent the list of three Danish candidates (listed in alphabetical order) to the Secretary General of the Council of Europe. A press release was issued at the same time to inform the public about the outcome of the call for candidatures.

 

 

2. Is a public call for candidatures organised? If so, please state how (e.g. publication in the general/specialised press).

 

Yes. Advertisements were published in the specialised press (the Weekly Law Report and the magazine published by the Organisation of Jurists and Economists) and also on the internet (on specific websites for public office and on the websites of the two ministries involved).

 

A copy of the advertisement was also sent directly to the legal faculties of the universities in Denmark, the Supreme Court, the two High Courts, the Danish Court Administration and the Danish Bar Association.

 

In addition, a press release was issued to the Danish newspapers and other media.

 

 

3. Does the selection follow an established procedure made public beforehand? If so, please indicate whether the procedure has a formal legal basis.

 

As mentioned in the answer to the first question above, the Minister for Justice informed the Danish Parliament about the Government’s decision to comply with the recommendations of PACE and make a public call for candidatures. The letter sent to the Parliament is available to the public on the Parliament’s website and the decision of the Government was also reported in the media.

 

There is no formal legal basis for the established procedure.

 

 

4. Does the procedure include interviews with the short listed candidates? If so, please state who conducts the interviews and whether the interviews include an assessment of candidates’ linguistic abilities.

 

No.

 

 

5. Does the procedure include consultations with civil society bodies? If so, please state which and at what stage.

 

No.

 

 

6. Does the procedure involve a panel of independent experts? If so, please state its composition, mission and authority (advisory/binding).

 

No.

 

 

Yours sincerely

 

 

 

Mette Vestergaard

Secretary to the Danish Delegation