Ministers' Deputies
    Notes on the Agenda

    CM/Notes/835/11.3 2 April 2003
    ———————————————

    835 Meeting, 8 April 2003
    11 Administration and Logistics


    11.3 Administrative Tribunal of the Council of Europe

    Appointment of judges

    Reference documents
    CM(2003)13, Addendum, Addendum 2, 3 and 4

    CM/Del/Dec(2002)822/11.5 and CM/Del/Dec(2003)825/11.3 and 835/11.1

    ———————————————

    Action

    To appoint a judge and two deputy judges of the Administrative Tribunal for a term of office of three years.

    1. It is recalled that at their 833rd meeting (26 March 2003), the Deputies were to elect two judges and two deputy judges from the five candidates set out in the table below, in chronological order of the dates of the letters:

    Nominating state

    Name of candidate

    Date of letter

    Document

    Germany

    Helmut Kitschenberg

    17.01.2003

    CM(2003)13

    Portugal

    José da Cruz Rodrigues

    29.01.2003

    CM(2003)13add

    Greece

    Sotiris Lytras

    18.02.2003

    CM(2003)13add2

    Turkey

    Namik Kemal Ergani

    18.02.2003

    CM(2003)13add3

    Italy

    Angelo Clarizia

    21.02.2003

    CM(2003)13add4

    2. The following electoral procedure, based on the procedure fixed by the Deputies in 19651 was adopted:

    i. A first ballot is held to designate the titular members, and all candidates are included on the voting paper. Subsequent rounds may be held in order to achieve the criteria laid down, i.e, the highest number of votes cast plus the majority of those entitled to vote.

    ii. A second ballot is held to designate the substitute members, the names of the persons designated as titular members having been withdrawn from the voting paper.

    3. The results of the first ballot gave the required simple majority to José da Cruz Rodrigues (Portugal) who was duly appointed judge of the Administrative Tribunal for a term of office of three years, expiring on 31 March 2006.

    4. None of the other candidates obtained a simple majority and therefore a second ballot was held.

    5. After the second ballot, and as none of the remaining candidates obtained a simple majority, the Deputies agreed that the candidate who received the least number of votes (Mr Namik Kemal Ergani, Turkey) should be eliminated.

    6. A third ballot was held with the three remaining candidates. As none of the three candidates achieved a simple majority the Deputies again agreed to eliminate the candidate with the least number of votes (Mr Helmut Kitschenberg, Germany) and proceed with a fourth ballot.

    7. The results of the fourth ballot gave a tie. The Deputies agreed to continue the election at its 835th meeting (8 April 2003).

    8. The Bureau will discuss the voting procedure and make recommendations on how to proceed for the appointment

    - of either Mr Sotiris Lytras (Greece) or Mr Angelo Clarizia (Italy) as judge; and
    - of two deputy judges from the following candidates

    Mr Helmut Kitschenberg (Germany)
    Mr Sotiris Lytras (Greece) or Mr Angelo Clarizia (Italy)
    Mr Namik Kemal Ergani (Turkey)

    Financing assured: YES

    DRAFT DECISION

    835th meeting – 8 April 2003

    Item 11.3

    Administrative Tribunal of the Council of Europe - Appointment of judges
    (CM(2003)13, Addendum, Addendum 2, 3 and 4, CM/Del/Dec(2002)822/11.5 and CM/Del/Dec(2003)825/11.3 and 833/11.1)

    Decision

    The Deputies appointed … as judge and … and … as deputy judges of the Administrative Tribunal of the Council of Europe, for a term of office of three years, expiring on 31 March 2006.

Note 1 (a) Extract from the conclusions of the 141st meeting of the Deputies (29-30 April 1965, Item V):
Note "The Deputies decided that if a vote was necessary, a simple majority would be required. The three [today, two] regular members and three [two] substitutes would then be elected in the order of the votes obtained."
Note (b) Extract from the conclusions of the 143rd meeting (28 June-1 July 1965, Item XIX):
Note "The Deputies agreed that election should be by secret ballot, each delegation designating three [two] regular members; the three [two] candidates who received the largest number of votes would be declared elected, provided they obtained a simple majority. In the event of a tie, a separate poll would be held involving only the candidates in question.
Note Should there be more than six [four] candidates, a second poll, held under identical conditions, would be held to elect the substitute members."


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