1 year ago

Working document in view of the 3 DH-SYSC-I meeting



44 DH-SYSC-I (2017)010 Appendix I Selection of candidates for Election as Judge to the European Court of Human Rights: procedure and selection criteria in member States MJ: Ministry of Justice MFA: Ministry of Foreign Affairs ALBANIA/ ALBANIE Information as communicated to PACE in August 2016 • “Justice system reform” on 21 July 2016 adopted by the Parliament: creation of a special mechanism designed to propose a check process (the vetting) of every judge and prosecutor at any level. • The ad-hoc consultative Commission (the Commission) for carrying out the election procedures is composed of the Chairperson and 4 members who have a significant professional experience. They are experts of the Public International Law and Human Rights with knowledge of the English and French languages; a constitutionalist, a former representative of Albania at the Venice Commission, a former judge at the ECHR, the President of the Constitutional Court, the Dean of the Law Faculty (former member of the Supreme Court) and the Director of the Legislation Department of the Prime Minister's Office. • In support of the Commission, a technical group was set up. It is composed of a representative from the Prime Minister's Office, a lawyer from the Ministry of Foreign Affairs, a lawyer from the Ministry of Justice. • call for application in the Official Announcements Bulletin of the Republic of Albania, in the official website of the Prime Minister's Office and reflected it in the media • 1 st stage: Based on the criteria of the call for application and the characteristics of the candidates who appeared, the • To be Albanian citizens. • To be lawyers, • shall be of high moral character and must either possess the qualifications required for appointment to a high judicial office or be jurisconsults of recognised competence. • To have the legal knowledge and practical experience of the national legal system, of the public international law, mainly in the field of human rights. • To master the Albanian language, one of the official languages of the Council of Europe (English or French) and have at least a basic knowledge of the other language. Mastering both official languages of the Council of Europe shall be deemed an advantage.

45 DH-SYSC-I (2017)010 ANDORRA/ Commission decided to call all the candidates to continue to the 2 nd stage of the selection procedure, that of the interview. • 50% in one of the official languages of the Council of Europe (English or French). • Each member of the Commission assessed each candidate secretly assessing their overall performance. • After the interviews, the Commission, by secret ballot, proposed a list of 3 candidates Information as communicated to PACE in January 2015 ANDORRE • Announcement is published in the Official Gazette • Any interested individuals who met the criteria laid down in the PACE’s recommendations and the Convention are required to submit their candidatures and CVs in English and French to the MFA. A selection commission of 5 members is set up (the Director of Multilateral Affairs and Co-operation, the Ministry for Foreign Affairs (Chair), the Head of the Private Office of the Head of Government, the Director for the Interior, Ministry of Justice and Interior, a lawyer in the Government’s legal office, a lawyer and professor of European law from the University of Barcelona.) The commission meets twice. • The purpose of the first meeting is to analyse and assess the various candidatures received, in particular to check that the candidates’ CVs meet the requirements. • The purpose of the second meeting is to prepare one-hour interviews. • Following deliberation, the selection commission submits the national list of three candidates to the Council of Ministers for approval • criteria laid down in the Parliamentary Assembly’s recommendations and in the European Convention on Human Rights • CVs • experience, • reasons for applying • language skills

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