[…]
We want to inform you that the Government of Finland is submitting to the Parliamentary Assembly a list of three candidates for the election of a Judge in respect of Finland to the European Court of Human Rights in accordance with Article 22 of the European Convention on Human Rights.
These three candidates are Ms Pauliine KOSKELO, M. Jukka LINDSTEDT and Ms Anne E. NIEMI. You will also find attached to this document the CVs of the candidates.
As discussed, Finland can agree with forwarding the election of a judge in respect of Finland for the Assembly’s April 2015 part-session.
[…]
Finland has, in 2010, reformed the procedures for nominating candidates for judges or members of international courts and tribunals and the Court of Justice of European Union, by amending the Act on Judicial Appointments (laki tuomareiden nimittämisestä; lag on utnämning av domare, No. 205/2000; amendment No. 741/2010, which entered into force on 1 November 2010). The purpose of the reform was to increase transparency in the decision-making and enhance the appointment of best possible candidates. The reform also brings consistency and uniformity to the nomination procedures, and strengthens the principle of good governance.
According to the amended Act, the candidates for judges or members of international courts and tribunals, including the European Court of Human Rights (ECtHR), are nominated by the Government at its plenary session. The Act establishes a permanent Expert Advisory Board (asiantuntijaneuvottelukunta; sakkunnigdelegation), which has the duty to prepare such nominations. The board has nine members, consisting of representatives from the Prime Minister’s Office; the Ministry for Foreign Affairs; Ministry of Justice; the Supreme Court; the Supreme Administrative Court; Prosecutor General’s Office; the Finnish Bar Association; and a representative of the university units engaged in legal research and instruction. It also includes a representative from the competent ministry. In addition, the members of the Permanent Court of Arbitration are members of the Board.
The Board has been appointed by the Government at its plenary session. A deputy has been appointed to each member.
When establishing the list of candidates for the post of judge at the ECtHR, the Ministry for Foreign Affairs has the mandate of coordinating the matter. It initiates the procedure by notifying the Board of the vacancy and advertising it.
An announcement was published in the major national newspapers Helsingin Sanomat (in Finnish) and Hufvudstadsbladet (in Swedish), on 4 May 2014. Interested candidates were encouraged to submit their written applications to the Ministry for Foreign Affairs, by 27 June 2014.
The announcement was also published on the website of the Ministry for Foreign Affairs. It was also sent by e-mail to the Supreme Court, the Supreme Administrative Court, all Courts of Appeal, the Association of Finnish Lawyers, the Finnish Bar Association, and to all universities having a faculty of law.
The Ministry for Foreign Affairs received altogether nine (9) applications within the time-limit, and submitted all of them to the Board.
The criteria set forth by the Council of Europe concerning judges of the ECtHR were taken into account when establishing the list of candidates. The principal criteria were expressed already in the vacancy announcement. The Board also applied these criteria when establishing a list of candidates. It gave specific consideration to the recommendation of the Parliamentary Assembly to present candidates of both sexes.
Proficiency in at least one of the official languages of the Council of Europe was required.
The Board proposed a list of three eligible candidates to the Ministry for Foreign Affairs. The Minister of Foreign Affairs has the ultimate discretion of presenting the list to the Government at its plenary session, which makes the final decision on the list of candidates to be presented to the Committee of Ministers.
The Minister of Foreign Affairs presented the list of three candidates recommended by the Board, and the Government appointed the said candidates at its plenary session, on 11 December 2014.
Name, forename: Koskelo, Pauliine
Sex: Female
Date and place of birth: 22 June 1956, Salo, Finland
Nationality/ies: Finnish national
The Supreme Court of Finland is the third and final judicial instance with jurisdiction in civil, commercial and criminal matters. Its primary role is to function as a court of precedent, i.e. to examine and decide cases that raise issues requiring guidance in respect of the interpretation or uniform application of the law. In order to carry out this function the Supreme Court administers a general filtering system under which leave to appeal is required in order for a case to be admitted for examination on the merits.
As President of the Supreme Court, I participate on a regular basis in the judicial work of the Court as presiding judge. Apart from that, I represent the Court and the judicial branch more generally in various contexts and make contributions to the development of activities as well as to general discussion about current issues relating to the protection of rights, the judicial system and various needs for reform, both at the national level and in various European contexts.
This Network was established in 2004 in order to promote contacts and cooperation between the presidents of the highest judicial courts within the EU.
The task of this panel is to give an opinion on candidates’ suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the Governments of the Member States make the appointments.
During my years at the Ministry of Justice, I was involved in several legislative reform projects in the fields of civil law, consumer law, commercial law family law and insolvency law, and in the course of that career, I had independent responsibilities for the drafting of some major pieces of legislation. I was also involved in international legal cooperation (Nordic cooperation, UNCITRAL, Unidroit, Council of Europe, European Economic Area, European Union).
During my years at the EIB, a financial lending institution of the European Union established by the treaties, I was responsible for institutional legal issues and legal issues relating to the lending policies of the Bank as, well as legal issues in human resources management. In other words, I dealt with a wide range of horizontal legal issues relating to the Bank’s various activities, and worked closely with the Bank’s President, Management Committee, Secretary General and the different services of the Bank. These tasks involved a wide scope of European law issues as well as general institutional and administrative legal issues, contractual issues and employment law issues. The working environment was multinational, multilingual and multiprofessional.
None (apart from summer jobs in student times)
During my fifteen years at the Supreme Court, human rights law has come to play an ever more prominent role in the judicial work of the Court. Issues relating to human rights are an important part of my daily work as judge and as president of the Court. I have been involved and actively engaged in a large number of cases where issues relating to human rights, and the balancing of conflicting rights, have been very much in focus. This is an area where guidance by the Supreme Court through its case-law has been of particular importance during this period.
I have also, especially in my capacity as supreme court president, been active in raising awareness about issues relating to fundamental rights and human rights within the judicial system, about the need to develop competencies in these issues within the judiciary and to about the importance of integrating human rights law into the judicial practice at all levels. These have been central themes in many lectures that I have given, as well as in speeches and interventions in various seminars and conferences over the years.
I have actively contributed to efforts aimed at improving the training and knowhow of judges and other judicial staff in human rights law, as well as in efforts aimed at improving the spreading of information about European case-law relating to human rights. For instance, I took the initiative to start a monthly news bulletin relating to developments in the case-law of the European Court of Human Rights and the EU Court of Justice. In the first several years, I personally chaired the editorial group for this bulletin, which is distributed to all levels of the courts as well as, following their request, to the prosecution service and the bar association.
I have also initiated and hosted a “tripartite” conference between the members of the Network of Presidents of the Supreme Judicial Courts of the EU and representatives of the European Court of Human Rights, including its President, and representatives of the Court of Justice of the European Union, including its President. This conference was the first of its kind and took place in Helsinki in September 2013.
None other than above
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University of Helsinki Alumni Association
Chairperson 2008–2012
Recent titles:
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I confirm that I would take up permanent residence in Strasbourg if elected.
Lindstedt, Jukka
Sex: Male
Date and place of birth: 17.12.1958 Helsinki
Nationality: Finnish
Advanced law drafting mainly in the field of criminal law (inter alia: the general part of the Criminal Code, sex offences, trafficking in human beings, terrorist offences, military offences), also in the fields of Criminal Investigation Act and Coercive Measures Act and a law regulating compensation for interning of civilians in Finland after World War II
Decision-making concerning complaints, inspections and own initiatives in the fields of the police, prosecution service, defence forces, educational system, aliens’ rights, linguistic rights, data protection, church affairs and traffic and communication
Director in the research project “Finland, Prisoners of War and Extraditions 1939-1955”
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I have a wide experience in the field of human rights. Especially my professional experience as Deputy-Ombudsman offered a good opportunity to oversee the applying of human rights in the fields of, for example, the police, defence forces, aliens’ rights and linguistic rights. According to the Finnish Constitution ombudsmen oversee that human rights and fundamental rights are put into practice in Finland.
In my occupations as Justice in the Supreme Administrative Court, Counsellor of Legislation in the Ministry of Justice and Legal Adviser of the President of the Republic of Finland I have dealt with application of fundamental and human rights. My forthcoming occupation as Justice in Helsinki Court of Appeal offers me again a new perspective to application of human rights in judicature.
Because of my wide professional experience I have a good command of not only criminal law but also of other branches of public law.
I was the chairman of the National Discrimination Tribunal in 2004-2005. This period was vital because this new organization in the field of human rights was founded in 2004.
As a deputy member of the Board of Forensic Psychiatry (which held its meetings weekly) I took part in a significant number of decisions concerning assessment of mental condition of accused persons.
Most of my research has dealt with fundamental and human rights. My special subject has been fundamental and human rights in times of war and other exceptional circumstances.
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Participation in the mentoring programme of the Finnish Council of State.
Teaching in the University of Helsinki (two courses).
Mentoring programme: 2004-2005 (as a mentee) and 2013-2014 (as a mentor).
Teaching: 2012 and 2013.
One book (dissertation), 18 research reports and longer scientific articles, 53 shorter scientific or other articles and book reviews. An unpublished thesis for a special vocational diploma in management and leadership.
Book:
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I read, understand and use English well and French sufficiently well. Thus I suppose that I meet the level of language proficiency. However, in case that I do not meet the level needed, I confirm my intention to follow intensive language classes.
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I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: Niemi, Anne Elina
Sex: female
Date and place of birth: 28 July 1959, Kotka, Finland
Nationality: Finnish
Degrees
Licentiate thesis: Administrative Litigation as an Effective Remedy (182 p.) (grade: laudatur)
The thesis deals with the requirements of effectiveness of legal remedies on the basis of national law, case law of the European Court of Human Rights and EU law
Other qualifications
April 2014 to date: acting chair of a section (there are three sections in the Supreme Administrative Court)
November 2012 – March 2014: vice-chair of a section
As Justice, participated extensively in different fields of law, e.g. cases concerning Local Government Act, Act on the Openness of Government Activities, Building and Environmental Law, Migration Law and Social Law (including child care cases)
1983-1985
case of Niskasaari and others v. Finland
case of Mariapori v. Finland
case of D. v. Finland
(independent Administrative Body that makes preparations for the filling of positions in the judiciary and a reasoned proposal on an appointment to a position in the judiciary except as regards the Supreme Court and the Supreme Administrative Court)
Secretary of a Commission appointed to study the Development Trends of the Court System in Finland
Supreme Administrative Court of Finland
included also tasks related to the Court's international relations during these years Media and Communication studies, Faculty of Social Sciences, Helsinki University/Open University
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a. Field / b. Duration / c. Functions
a. the National Advisory Board on Social Affairs and Health Care Ethics, (before August 2009: National Advisory Board on Health Care Ethics)
b. 2006-2014 (i.e. two four-year mandates)
c. Member of the Board (one of the two members representing the judicial viewpoint)
a. Ethical Principles for Judges
b. May 2010-March 2012
c. Member of Working Group preparing Ethical Guidelines for Judges
The Finnish Association of Judges approved the Ethical Principles for Judges in May 2012 based on the proposal of the working group
a. Training for Law Students, Nordic Court Competition, in Swedish Nordiska rättegångstävlingen
The competition is for Nordic Law Students on the European Convention on Human Rights and is conducted in the Scandinavian languages (Danish, Norwegian, Swedish)
b. yearly as from 2009
c. performing as a judge in simulated trials of fictitious cases
a. assisting in training of Administrative Courts' judicial personnel
b. regularly
c. lecturer in the areas of local government law and migration law
“The Civil, Criminal and Disciplinary Liability of Judges”, in Finnish legal system and recent development:
XVIIth International Congress of Comparative Law organised by the International Academy of Comparative Law, 2006, (p. 113-127)
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