CM(2004)69 addendum 30 November 2004
905 Meeting, 1-2 December 2004
11 Administration and Logistics
11.1 Draft Budgets for 2005
Status and conditions of service of the judges of the European Court of Human Rights
1. At its meetings of 28 May and 12 July 2004, the Rapporteur Group on Administrative and Budgetary Questions gave consideration to the three alternatives currently under review – the previous Secretary General's proposal, the judges' proposals (both set out in document CM(2004)69 distributed on 26 April 2004) and the Budget Committee's recommendation (CM(2004)94, paragraphs 33-41). The Chair also drew the attention of delegations to 3 other documents: a letter dated 28 June 2004 from the President of the Court notably commenting on the Budget Committee's recommendation; supplementary comparative information requested by the Group (document GR-AB(2004)18); and finally comments on document GR-AB(2004)18 prepared by the Registry on the instructions of the President of the Court (dated 6 July 2004).
2. The attached draft resolution on the status and conditions of service of judges of the European Court of Human Rights has been prepared on the basis of the recommendations of the Budget Committee made at its May 2004 meeting (see CM(2004)94, paragraphs 33-41).
3. The recommendations of the Budget Committee are reproduced hereafter:
“39. […] its point of view had changed little, if at all, since 1997 and that for this reason it could recommend neither the proposal of the Secretary General nor that of the judges. Consequently, it believed that it was necessary to increase the annual remuneration of judges by €15 000 as from 2005 in order to come back in line with its initial proposals, all other conditions remaining the same, with the exception of the method of adjusting remuneration.
40. On this point, the Committee was of the opinion that past experience had shown that the methodology it had originally proposed could lead over a period of years to significant distortions between the level of remuneration of grade A7 staff members and that of judges.
41. In consequence, it proposed that the remuneration of judges should no longer be adjusted as a function of inflation in the host country, but rather in line with the adjustment of staff salaries. This change should come into force after a final adjustment of judges' salaries in accordance with the present methodology.” (CM(2004)94, paragraphs 39-41).
4. The Budget Committee's conclusion would require the current judges' stipend to be adjusted in accordance with its initially proposed methodology. This would give each judge an increase of €15 100 (total stipend €198 349), representing an overall annual budgetary increase of € 702 500. Stipends should then be increased in line with A7 staff members' salaries.
5. The changes made to Resolution(97)9 appear in bold. The reasons for each change appear in a box inserted after the relevant text.
6. Article 4 sets out a procedure for initiating the revision of the resolution.
* * *
Revised draft resolution on the status and conditions of service of judges
of the European Court of Human Rights1
The Committee of Ministers, acting pursuant to Article 16 of the Statute of the Council of Europe,
Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 ("the Convention");
Having regard to Protocol No. 11 to the Convention, restructuring the control machinery established thereby, signed at Strasbourg on 11 May 1994;
Having regard to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2 September 1949;
Having regard to Resolution Res(97)9 on the Status and Conditions of Service of Judges of the European Court of Human Rights to be set up under Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted on 10 September 1997;
Having regard to the proposals submitted by the previous Secretary General as set out in document CM(2004)69 in pursuance to the decisions taken at the 784th (21 February 2002) and the 869th (21 January 2004) meetings of the Ministers' Deputies;
Having regard to the Resolution concerning the conditions of service of Judges adopted by the European Court of Human Rights at its plenary administrative session on 12 May 2003;
Having regard to the recommendations of the Budget Committee at its May 2004 meeting (CM(2004)94),
Resolves as follows:
Elected members of the Court shall enjoy the special status of "judges of the European Court of Human Rights" ("judges").
In accordance with Article 51 of the European Convention on Human Rights (“the Convention”), judges and ad hoc judges appointed pursuant to Article 27 § 2 of the Convention shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder, including in particular the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe.
In view of the fact that it is the Sixth Protocol which provides for the privileges and immunities, exemptions and facilities to which Judges are entitled in addition to the privileges and immunities specified in the General Agreement, it is thought appropriate to make express reference thereto, particularly as the great majority of Council of Europe member States have now ratified it (40 at 1 November 2003).
The conditions of service of judges and ad hoc judges shall be governed by the Regulations set out in appendices I and II respectively to this Resolution.
The Regulations shall be implemented by the Secretary General of the Council of Europe, who, for this purpose, shall act in consultation with the President of the Court and may have regard to the rules applied concerning staff members of the Council of Europe.
This Resolution repeals and replaces Resolution Res(97)9 and shall enter into force on [1 January 2005].
The Secretary General may submit proposals for its revision to the Committee of Ministers within three years from its entry into force.
Appendix I: Regulations governing the conditions of service of judges
Article 1 - Annual salary
1. The all inclusive annual salary of judges, as holders of a full-time office, shall be € 198,349 payable in equal monthly instalments in advance.
€ 198,349 is the amount calculated in accordance with the Budget Committee's original methodology
2. Additional remuneration at the following annual rates shall be paid, on a pro rata temporis basis, to the following office-holders:
- the President of the Court: 12,092€.
- the Vice-Presidents of the Court and the Presidents of Sections: 6,046 €.
Resolution (97) 9 referred to Presidents of Chambers. However, according to Rule 1 (d) of the Rules of Court, the expression “President of Section” means the Judge elected by the Plenary Court in pursuance of Article 26 (c) of the Convention.
3. The annual remuneration shall be adjusted in accordance with any adjustments made to salaries of Council of Europe staff of Grade A7 based in France.
The current mechanism for adjustment provides for a 3% increase in judges' remuneration every time the cost- of-living index exceeds 3% from the base date. There seems no logical reason for not simply applying the same mechanism used to calculate adjustments to staff salaries. On the contrary, it is generally recognised that it is necessary to preserve a differential between judges and staff and the easiest way of doing this is to make adjustments on the same basis.
Article 2 - Place of residence
Judges shall reside at or near the seat of the Court.
Article 3 - Leave
1. Holiday leave
The Court shall remain permanently in session. The duration of court vacations shall be determined by the President of the Court with due regard to the needs of business. During such court vacations judges shall make themselves available as required. Judges may absent themselves from Strasbourg outside court vacations only exceptionally and with the President's authorisation.
Comparable international courts (ICJ and ECJ) determine judicial or court vacations, having due regard to the demands of business. This appears therefore to be an entirely appropriate solution for the ECHR, stressing the full-time nature of its activities. The President of the Court will issue an instruction setting out detailed rules governing leave and missions.
2. Sick leave
Whenever judges are absent and unable to perform their duties for health reasons they shall inform the President of the Court and provide appropriate medical certificates to the Welfare Office of the Council of Europe.
In practice it will be the Registry which processes this information and, where appropriate, transmits it to the relevant department of the Secretariat General. Without the provision of medical certificates, which must be sent directly to the Welfare Office for reasons of confidentiality, salaries cannot be maintained.
Judges who are absent on account of illness shall receive from the Council of Europe:
- for the first three days : their full salary;
- thereafter and for a period of eighty-seven days : 90% of their salary;
- thereafter and for a period of ninety days: one-half of their salary.
At the end of the said period of ninety days, judges shall no longer be remunerated by the Council of Europe.
Article 4 - Payment of expenses by the Council of Europe
1. The Council of Europe shall pay:
(a) the travel and subsistence expenses of a judge on an official journey;
(b) travel, subsistence and removal expenses incurred by judges and their household (spouse and children) when taking up or on termination of their duties;
2. On the death of a judge during his or her term of office, the Council of Europe shall defray:
(a) the cost of transporting the body of the judge from the place of death to the place of funeral;
(b) the cost of transporting the deceased judge's personal belongings;
(c) the travel costs of the survivors who were dependent on the judge and were part of the judge's household.
3. The rules issued by the Secretary General of the Council of Europe applicable to payment of expenses to staff members of the Council of Europe shall apply to judges, save that the amounts payable in respect of travel and subsistence expenses shall be governed by the rules issued by the Secretary General applicable to the reimbursement of the expenses of members of the Parliamentary Assembly and Ministers' Deputies when travelling at the charge of the Council of Europe.
Article 5 - Social protection
1. Judges are required to ensure that they have arranged, at their own expense, for adequate insurance cover of the following risks, for the full period of their terms of office:
- temporary incapacity to work due to illness or accident - the cover must be such as to replace the loss of salary indicated under Article 3, paragraph ii above;
- costs of health care, including maternity expenses, for themselves and their dependants;
- permanent incapacity to work due to an illness or an accident;
Judges are also required to provide, at their own expense, for their retirement or pension benefits as regards the period of their terms of office.
2. Judges shall provide the Council of Europe at the beginning of each year with proof that they have adequate coverage of the risks listed above. The Council of Europe will make available proposals for an insurance policy which covers the risks, the full premium to be paid by judges.
Appendix II: Regulations governing the conditions of service of ad hoc judges
1. For each day on which they exercise their functions ad hoc judges shall receive an allowance of an amount equal to 1/365th of the annual salary payable to judges of the Court by virtue of Article 1 § 1 of Appendix I above. The allowance shall be free of all taxation.
2. The Council of Europe shall also reimburse to ad hoc judges travel and subsistence expenses incurred by them in connection with the performance of their functions. The rules issued by the Secretary General of the Council of Europe applicable to the reimbursement of the expenses of members of the Parliamentary Assembly and Ministers' Deputies when travelling at the charge of the Council of Europe shall apply.