Ministers’ Deputies
Notes on the Agenda

CM/Notes/1076/4.3 29 January 20101

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1076 Meeting, 3-4 February 2010
4 Human rights

4.3 European Court of Human Rights –
Advisory opinion on certain legal questions concerning the lists of candidates submitted with a view to the election of judges to the European Court of Human Rights (No. 2) (22 January 2010)

Reference documents
CM/Del/Dec(2009)1063/4.5, European Court’s Advisory Opinion of 22 January 2010

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Action

To take note of the European Court’s Advisory Opinion.

1. The Secretariat recalls that, at their 1063rd meeting (8-9 July 2009, Item 4.5) the Deputies

    “1. agreed, under the terms of Article 47 of the European Convention on Human Rights, to request an advisory opinion from the European Court of Human Rights on the following questions:

    a. Can a list of three candidates, nominated by a High Contracting Party for election as a judge to the European Court of Human Rights in respect of the High Contracting Party and submitted to the Parliamentary Assembly, be withdrawn and replaced with a new list of three candidates by that High Contracting Party? If yes, is there any time limit?

    b. Can candidates for the post of judge at the European Court of Human Rights be considered as nominated by a High Contracting Party within the meaning of Article 22 of the European Convention on Human Rights if the list containing their names has been withdrawn by that High Contracting Party?

    c. Is the Parliamentary Assembly obliged to consider a list of candidates submitted by a High Contracting Party which replaces a list previously submitted but withdrawn by that High Contracting Party?

    2. furthermore, they invited the Court to pronounce on the following two additional questions:

    a. If one or more candidates on a list of candidates submitted to the Parliamentary Assembly by a High Contracting Party withdraw(s) before the Parliamentary Assembly has voted on the list, is that High Contracting Party obliged under the European Convention on Human Rights to submit an additional candidate or candidates to complete the list or is it entitled to submit a new list?

    b. Are the conditions in paragraphs 1 and 2 of the Appendix to Resolution 1432 (2005) of the Parliamentary Assembly of the Council of Europe in breach of the Assembly’s responsibilities under Article 22 of the European Convention on Human Rights to consider a list, or a name on such a list, on the basis of the criteria listed in Article 21 of the Convention?”

2. By letter of 15 July 2009 to the President of the Court, the Chair of the Deputies asked the Court, in accordance with Article 47 of the European Convention on Human Rights, to give an advisory opinion on these questions.

3. On 22 January 2010, the European Court delivered its Advisory Opinion in response to the Deputies’ request.

Financing assured: YES

DRAFT DECISION

1076th meeting – 3-4 February 2010

Item 4.3

European Court of Human Rights –
Advisory opinion on certain legal questions concerning the lists of candidates submitted with a view to the election of judges to the European Court of Human Rights (No. 2) (22 January 2010)
(CM/Del/Dec(2009)1063/4.5, European Court’s Advisory Opinion of 22 January 2010)

Decision

The Deputies took note of the opinion and invited their Chair to transmit it officially to the Parliamentary Assembly, drawing its attention to the importance of this opinion.

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


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