1 year ago

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



6 DH-SYSC-I (2017)010 Judge to the Court on the occasion of the Second activity report of the Advisory Panel which became public on 24 June 2016 (doc. Advisory Panel(2016)1). 10. After completion of its work, the DH-SYSC-I instructed the Secretariat to prepare a new working document in view of the 2 nd meeting of the Group, in accordance with the aforementioned guidelines drawn up by the DH-SYSC and endorsed by the CDDH. The Group agreed that all the themes and subthemes covered in the working document DH- SYSC-I(2016)003 should be addressed taking into account the elements raised during the meeting. The Secretariat should maintain a degree of latitude with regard to the final structure of the document in so far as all the questions are intrinsically linked. 11. For the purpose of preparing the working document that would be presented at the next meeting of the Group (19–21 October), the DH-SYSC-I set a procedure and a calendar. Furthermore, the DH-SYSC-I considered that it could also be useful to obtain information regarding the various opinions and experiences, positive or negative, concerning the national processes of selection of the candidates for the post of judge at the Court and of election of the judges of the Court. It was noted that without at least trying to ascertain to which extent the factors pre-identified in the CDDH report on the longer-term future of the system of the Convention, that seem to discourage potential candidates for the post of judge at the Court, correspond to reality, the Group would simply stick to hypotheses. While noting the difficulty of this exercise, the Drafting Group indicated that the request for information should be made by national experts in accordance with the appropriate methods chosen by each expert. The modalities regarding the request for information and its submission were laid down in Appendix III of the report of the first meeting. 12. Before the 2 nd meeting, information was received from some member States on the taking into account of the Guidelines on the selection of candidates at national level, the recognition of service as a judge of the Court and possible relevant national practices concerning the selection of the judges in the highest national courts, as well as from the Representative of the Registry of the Court on certain questions raised during the first DH- SYSC-I meeting (see document DH-SYSC-I(2016)005). 13. Regarding the call for opinions and experiences concerning the national processes of selection of the candidates for the post of judge at the Court and of election of the judges of the Court, elements were received directly from individuals or transmitted to the Secretariat by national experts. The following contributions appear in the document DH-SYSC-I(2016)006 Restricted: - 4 contributions from individuals whose profile corresponds to the post of judge at the European Court of Human Rights but do not wish to be candidates, more particularly with regard to the factors that might discourage them; - 4 contributions from individuals who were candidates for the post of judge at the Court but were not retained in the national selection procedure;

7 DH-SYSC-I (2017)010 - 3 contributions from individuals who were candidates for the post of judge at the Court but were not elected following the procedure conducted before the Parliamentary Assembly of the Council of Europe; - 3 contributions from former judges of the Court; - 4 contributions from judges of highest national courts without indication of the category under which they fall. 14. As agreed by the DH-SYSC-I, the Secretariat ensured the anonymity of this information as well as the absence of any elements enabling the identification of the State or the persons concerned. 15. At its second meeting (19–21 October 2016), the Group held an exchange of views with Mr Wojciech SAWICKI, Secretary General to the Parliamentary Assembly, accompanied by Mr Günter SCHIRMER, Head of the Legal Affairs and Human Rights Department of the Secretariat of the Parliamentary Assembly. As instructed by the Group, the Secretariat drafted a summary of this exchange of views (doc. DH-SYSC-I (2016)008)), which was transmitted to the Committee of Experts on the System of the European Convention on Human Rights (DH-SYSC) before its 2 nd meeting (8–10 November 2016). 16. The Representative of the Registry of the Court informed the DH-SYSC-I that the Court’s Status Committee will meet in view of the drafting of its contribution to this work, on the basis of all the reference documents examined by the Drafting Group. This contribution will be submitted to the Court sitting in plenary session with a view to its transmission in due course to the DH-SYSC-I before its 3 rd meeting (27 February–1 st March 2017). 17. At its second meeting, the Drafting Group proceeded to the examination of all the questions addressed in the working document DH-SYSC-I(2016)007. It decided to bring to the attention of the DH-SYSC the decisions appearing in Appendix III of its meeting report (doc. DH-SYSC-I (2016)R2) so as to gather its approval or possible guidance. Towards the third meeting of the DH-SYSC-I: intermediate guidance by the Plenary Committees 18. During its 2 nd meeting (8–10 November 2016), the DH-SYSC examined the elements identified by the DH-SYSC-I Group during its 2 nd meeting, pronounced itself on the four themes identified (the selection procedure, the election process, conditions of employment and working conditions at the Court and ad hoc judges) and gave guidance for the future work (see paragraphs 6 to 14 of the meeting report (DH-SYSC(2016)R2)). 19. The DH-SYSC instructed the Secretariat to prepare a revised version of the working document based on comments formulated during its discussions and those from the 2 nd meeting of DH-SYSC-I, as well as on all new contributions of experts, who were invited to send them by Wednesday 14 December 2016, and of all the actors concerned.

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