[…]
With reference to your letter of 21 November 2017, please find attached a letter from the Norwegian Ministry of Justice and Public Security, dated 12 June 2018, regarding the nomination of three candidates for the position as judge in respect of Norway.
[…]
***
[…]
With reference to your letter of 21 November 2017 concerning the resignation of Mr Erik Møse as Judge of the European Court of Human Rights, we have the pleasure to inform you that the Ministry of Justice and Public Security, on behalf of the Norwegian Government, has nominated the following candidates for the position as judge in respect of Norway, in alphabetical order:
Please find enclosed the curricula vitae of the three candidates, which are in accordance with the model adopted by the Parliamentary Assembly.
The candidates have been selected according to the procedure established by the Ministry in 2009, amended in 2018, in order to ensure fairness, transparency and consistency, in conformity with the requirements set out by the Parliamentary Assembly. The procedure is described in detail in the attached letter of 9 February 2018 from the Ministry to relevant national institutions (English translation).
In March 2018, the Ministry appointed a national selection committee, chaired by District Court Judge Yngve Svendsen, also the chair of the Judicial Appointments Board at the time. The six other members were appointed on the basis of proposals made by the Supreme Court, the Office of the Attorney General, the Norwegian Centre for Human Rights, Norway’s National Institution for Human Rights, the Norwegian Bar Association and the Ministry of Justice and Public Security, respectively. In addition to Judge Svendsen, the national selection committee consisted of Supreme Court Judge Bård Tønder, Assistant Attorney General Elisabeth Stenwig, Attorney Magnhild Pape Meringen, Research Director Anine Kierulf, Professor Vibeke Blaker Strand and Special Adviser Morten Ruud.
On 14 February 2018, the Ministry issued an open call for applications on the Government website and in a specialist journal (Advokatbladet). In addition, the Ministry informed the relevant institutions and associations according to the established procedure. The closing date for applications was 13 March 2018.
The selection committee notified the Ministry soon after the closing date that it did not consider that at least three of the applicants, including at least one of each sex, were qualified for the office as judge at the European Court of Human Rights. The Ministry therefore issued a new open call. After the closing date of the second open call, following a round of interviews with four of the applicants, the committee notified the Ministry that it still did not consider with certainty that at least three of the applicants were qualified for the position. The Ministry therefore issued a third open call.
After the closing date of the third open call, the selection committee reviewed the applicants and proposed the three candidates listed above. The Ministry agreed that all three candidates qualify for the office of judge at the European Court of Human Rights, and therefore submitted the list of candidates proposed by the selection committee to the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights. We were pleased to receive their opinion in a letter from the Chairperson of the Advisory Panel Ms Nina Vajić on 6 June 2018.
All the candidates suggested are of high moral character and possess the qualifications required for the appointment to high judicial office in Norway, and thus satisfy the criteria set out in Article 21 (1) of the European Convention on Human Rights.
In accordance with the principles that apply in the process of recruiting national judges in Norway, the candidates have broad and varied backgrounds. They all have experience from national courts in addition to other practical legal experience, and all of them have experience in the field of human rights.
In addition, all the candidates suggested possess an active knowledge of English. All the candidates have confirmed their intention to follow French language classes.
[…]
The Parliamentary Assembly of the Council of Europe elects a judge from each state party to the European Court of Human Rights (ECHR), from a list of three candidates nominated by the member state. The European Convention on Human Rights does not specify requirements for the procedures the member states are to follow in nominating their candidates. However, the Parliamentary Assembly of the Council of Europe has set out a number of requirements and recommendations concerning the national process (particularly Resolution 1646 (2009)).
In 2009, the Ministry of Justice established a procedure for the nomination of Norwegian candidates for the office of judge at the ECHR. Some minor but necessary changes to that procedure have now been made, particularly as the Council of Europe’s Committee of Ministers has now established an Advisory Panel of Experts on Candidates for Election as Judge to the ECHR.
This letter is being sent to all the bodies that were invited to provide input to the nomination procedure in 2009, and that were informed of the procedure that had been established in a letter from the Ministry of Justice dated 3 November 2009. In addition, it is being sent to Norway’s National Human Rights Institution.
The current Norwegian judge has given notice that he will resign from his position in July 2018. For this reason, the Parliamentary Assembly of the Council of Europe has requested that Norway nominates its candidates for the position by 1 September 2018. Before that, a proposed list of nominated candidates is to be submitted to the Council’s Advisory Panel of Experts on Candidates for Election as Judge by 1 June 2018. The procedures outlined in this letter will be followed in the process of nominating Norwegian candidates for the office of judge at the European Court of Human Rights in 2018.
Briefly, the procedure requires the Ministry of Justice to issue a call for applications and appoint a selection committee to evaluate the applicants and put forward a proposed list of three candidates (not ranked), with grounds for their choice. The committee sends its proposal to the Ministry of Justice and Public Security, which considers the list and makes changes if it wishes to do so. Norway’s list of candidates is then submitted to Council’s Advisory Panel of Experts on Candidates for Election as Judge to the ECHR, no later than three months before the deadline for submitting the list to the Parliamentary Assembly. After receiving an opinion from the Advisory Panel as to the suitability of the candidates, Norway’s formal decision on the nomination of three candidates is made by the Ministry of Justice and Public Security. The Ministry of Foreign Affairs is responsible for sending the nomination list to the Parliamentary Assembly of the Council of Europe by the deadline set by the secretariat.
The Ministry of Justice and Public Security will issue an open call for applications on the Government website www.regjeringen.no and in specialist journals. In addition, the Ministry will inform the following institutions about the call for applications and ask them to inform their contacts and/or members, for example by publishing information on their websites:
The Ministry will also use other channels to publicise the call for applications, and will inform Norway’s delegation to the Parliamentary Assembly of the Council of Europe and the current Norwegian judge.
The call for applications is to include a description of the position and specification of the qualifications required. Article 21(1) of the European Convention on Human Rights, on the criteria for the office of judge at the European Court of Human Rights, states that:
‘The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.’
To be considered, applicants must have a law degree (cand.jur or Master’s degree in law) and relevant legal experience. Applicants should have a thorough knowledge of the Norwegian legal system and of the human rights field, a good command of written and spoken English or French and as a minimum be able to read and understand the other language. Special weight will be given to applicants’ professional competence, personal suitability and language qualifications, and to the requirements for high moral character and independence that follow from Article 21 of the Convention (and from section 55 of the Courts of Justice Act in the case of Norwegian judges). Judges are elected for a period of nine years, and may not be re-elected. The term of office expires when the judge reaches the age of 70. Candidates should be able and willing to take up the office for the whole term. They should preferably not have been involved in so many individual cases that are likely to be brought before the Court, so that an ad hoc judge will only have to be appointed in exceptional cases.
The call for applications must also encourage applications from the underrepresented gender at the Court, and must include the deadline for applications, which is to be at least two weeks after the call for applications is posted on the Internet, as well as information to the effect that the list of applicants will be made public.
The Ministry of Justice and Public Security will appoint a selection committee consisting of seven members. The committee will be chaired by the chair of the Judicial Appointments Board (subject to this person’s agreement). The other members will be appointed on the basis of proposals from the Supreme Court, the Office of the Attorney-General, the Norwegian Centre for Human Rights, the Norwegian National Human Rights Institution, and the Norwegian Bar Association. Each of these bodies will be encouraged to put forward the names of one woman and one man. In addition to the chair and the five members who are appointed on the basis of proposals from external institutions, the Ministry of Justice and Public Security will appoint one member.
The selection committee’s task will be to evaluate the applicants and to select three of them, listed in alphabetical order, as candidates. If possible, at least one of the three candidates should be of the gender that at the time is underrepresented at the Court. The applicants are to be assessed on the basis of the qualifications specified in the call for applications and any relevant documents from the Parliamentary Assembly of the Council of Europe, the applications received, interviews with potential candidates and the references obtained. The proficiency in English and French of those applicants who may be selected as candidates must be documented or tested.
The selection committee may seek advice from relevant external actors, and may use external expertise to evaluate the language proficiency of relevant applicants. The committee should seek advice from previous Norwegian judges at the Court. The committee is to submit its proposal, with the reasons for selecting the candidates, to the Ministry of Justice and Public Security.
The Ministry of Justice and Public Security will draw up a proposed list of three nominated candidates in alphabetical order, after the names have been submitted to the ministers concerned and to the Office of the Prime Minister. If it is considering deviating from the selection committee’s proposal, the Ministry of Justice must ask the committee for an opinion on the persons in question, i.e. those who are not on the selection committee’s short list. No later than three months before the deadline for submitting the list of candidates to the Parliamentary Assembly of the Council of Europe, the Ministry of Foreign Affairs is to send the list of the three proposed candidates, together with the candidates’ CVs, to the Council’s Advisory Panel. Within four weeks of receiving this list, the Panel will give an opinion of the suitability of the candidates. The Ministry of Justice and Public Security will then consider whether changes should be made to the list on the basis of the Panel’s opinion, and will make the final decision on the nomination of the candidates.
The Ministry of Foreign Affairs will then send an alphabetical list of the three candidates to the Parliamentary Assembly of the Council of Europe, together with the candidates’ CVs and information on the selection procedure. The nominations are to be published by the Ministry of Justice and Public Security as soon as the Ministry of Foreign Affairs sends the list of candidates to the Parliamentary Assembly of the Council of Europe.
Name, forename: Aall, Jørgen
Sex: Male
Date and place of birth: 18.05.1958, Bergen, Norway
Nationality: Norwegian
Leader of the Research Programme Committee, Faculty of Law, The University of Bergen, 1999-2002
Leader of the research group International, Constitutional and Human Rights Law, The University of Bergen, 2004-2014
Head of research (Adjunct Professor) Norwegian Centre for Human Rights, University of Oslo 1998-2005
Academic responsibility for the subjects International law, Constitutional law and Human Rights law, The Faculty of Law, University of Bergen
Leader or member of a number of national and international Evaluation Committees, such as PhD evaluations and Professor evaluations
First opponent at the University of Bergen in 1999 and 2014 and University of Oslo in 2006. Opponent in Uppsala 2005
None
None
None
None
None
The titles below are approximately the fourth of my publications:
In Norwegian:
Dr. Jur. University of Bergen 1994. Thesis: Rettergang og menneskerettigheter (Human Rights in criminal procedure, ECHR Article 6 and Norwegian criminal procedure). Universitetsforlaget (Scandinavian University Press 1995). Scientific publication – level 1
Domstolsadgang og domstolsprøving i menneskerettighetssaker (Access to court and courts' scrutiny in human rights cases), Tidsskrift for Rettsvitenskap, (Scandinavian University Press page. 1-181 1998. Scientific publication – level 2
Noen straffeprosessuelle tvangsmidler og menneskerettighetene (Measures of coercion in criminal procedure), Tidsskrift for Rettsvitenskap 1994 page 584-660. Scientific publication – level 2
Rettsstat og menneskerettigheter (Human Rights and the Rule of Law – The protection of civil and political rights according to the Norwegian Constitution and the European Convention on Human Rights, 581 pages Fagbokforlaget 2015 (forthcoming: Fifth Edition 2018). Scientific publication – level 1
In English
Waiver of Human Rights (I), Nordic Journal of Human Rights 2010 (3-4), s. 300-370. Scientific publication – level 2
Waiver of Human Rights (li), Nordic Journal of Human Rights 2011 (1), s. 56-153. Scientific publication – level 2
Waiver of Human Rights (Ill), Nordic Journal of Human Rights 2011 (2-3), s. 206-290. Scientific publication – level 2
Waiver of Human Rights (Conclusions), Nordic Journal of Human Rights 2011 (3-4), s. 279- 290. Scientific publication – level 2
Requirements Concerning the lndependence of the Judiciary According to Norwegian and International Law, in The lndependence of Judges, ELEVEN International Publishing, Den Haag 2014. Scientific publication – level 1
In Norwegian
EMKs betydning etter grunnlovsrevisjonen (The importance of ECHR in Norwegian law after the amendment of the Constitution), TfR 2017 s. 407-432. Scientific publication – level 2
|
Language |
Reading |
Writing |
Speaking |
||||||
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language: |
|||||||||
|
Norwegian |
X |
X |
X |
||||||
|
b. Official languages: |
|||||||||
|
English |
X |
X |
X |
||||||
|
French |
X |
X |
X |
||||||
|
c. Other language: |
|||||||||
|
German |
X |
X |
X |
||||||
I consider that I do meet the level of [the second] language proficiency required for the post. However, I would like to follow intensive language classes in French in order to improve my skills.
lncapacity as a result of past dealings with cases is unthinkable.
I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: Baumann, Elizabeth
Sex: Female
Date and place of birth: 22.04.58, Oslo, Norway
Nationality: Norwegian
None
None
None
Books:
1. States in transition and the duty to prosecute international crimes. Alternatives under international law, with lessons from Afghanistan. PhD. Monograph. (University of Bergen, 2011).
2. Restorative Justice and Criminal Justice: Exploring the Relationship, Santérus Academic Press (2012), Co-author, chapter 6: «Striking a balance between justice and peace: Restorative Justice in states of transition”.
3. Internasjonal strafferett. En innføring. Gyldendal, 2018. Co-author with professor Jo Stigen, UiO. In Norwegian.
|
Language |
Reading |
Writing |
Speaking |
||||||
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language: |
|
|
|
|
|
|
|
|
|
|
Norwegian |
x |
x |
x |
||||||
|
b. Official languages: |
|||||||||
|
English |
x |
x |
x |
||||||
|
French |
x |
x |
x |
||||||
I confirm that I will follow intensive language classes in French and if need be also at the beginning of my term of duty if elected a judge on the Court. I have already started classes in French and will follow intensive French training during two weeks of August.
I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: Bårdsen, Arnfinn
Sex: Male
Date and place of birth: 11.06.1966, Stavanger, Norway
Nationality: Norwegian
• Thesis: The admissibility of individual applications to the European Court of Human Rights. Published by Universitetsforlaget, 471 pages + registers (in Norwegian).
• Trial lecture 1: The award of compensation for non-pecuniary damage by the European Court of Human Rights (in Norwegian). Published in Tidsskrift for Rettsvitenskap 2000, pages 211–250.
• Trial lecture 2: On the implementation of economic, social and cultural convention rights in domestic law, compared to the implementation of civil and political rights (in Norwegian). Published in Jussens Venner 2000 pages 61–73.
• Master thesis: Exhaustion of domestic remedies under the European Convention on Human Rights (in Norwegian, 87 pages).
• Special course in human rights procedure, University of Stockholm: Nordic moot court competition on the European Convention on Human Rights (1990).
None
None
None
Selected from approximately 50 items primarily on procedural law, constitutional law and human rights law:
Books:
• The admissibility of individual applications to the European Court of Human Rights. Published by Universitetsforlaget 1999, 471 pages + registers (in Norwegian).
• The Civil Procedure Act – a commentary (co-author). Published by Universitetsforlaget, 1st edition 2007, 2nd edition 2013, 3rd edition forthcoming in 2019, 1334 pages + registers (in Norwegian).
Articles and published speeches:
• The Norwegian Supreme Court and the dynamic interpretation of the European Convention on Human Rights. Lecture at the Ryssdal seminar, Pluricourts, Oslo 30 October 2017 (in Norwegian, available at the Supreme Court's web page:
https://www.domstol.no/globalassets/upload/hret/dokumenter/taler-og-artikler/ryssdal-seminaret-2017-ny.pdf).
• Religion in the public sphere. Lecture at Rencontre des juges européens, Bristol 24 November 2017 (in English, available at the Supreme Court's web page: https://www.domstol.no/globalassets/upload/hret/artikler-og-foredrag/freedom-of-religion---baardsen-2017.pdf).
• The impact in Norwegian law of the UN Human Rights Committees' views in individual applications. Tidsskrift for Rettsvitenskap 2017, pages 160– 187 (in Norwegian).
• The best interest of the Child as a Convention Right and as a Constitutional Norm. In the book "Legal clarification and legal development – a tribute to Chief Justice Tore Schei", Universitetsforlaget 2016 (edited by Matningsdal, Skoghøy and Øie), pages 243–268 (in Norwegian).
• The Norwegian Supreme Court, the Constitution and the Human Rights. In the book "Human Rights and Norway – Legal development, judicialization and democracy" (edited by Føllesdal, Ruud and Ulfstein), Universitetsforlaget 2016, page 63-90 (in Norwegian).
• Fundamental Rights in EEA Law – The Perspective of a National Supreme Court Justice. Lecture given at the EFTA Court's spring seminar, Luxembourg 12 June 2015 (in English, available at the Supreme Court's web page: https://www.domstol.no/globalassets/upload/hret/artikler-og-foredrag/fundamental-rights-in-eea-law---bardsen-03062015.pdf).
• The Norwegian Supreme Court and Strasbourg: The Case of Lillo-S tenberg and Sæther v. Norway. German Law Journal Vol. 15 No. 7 (2014), page 1293–1305 (in English, available at the Supreme Court's web page:
https://www.domstol.no/globalassets/upload/hret/artikler-og-foredrag/artikkel-bardsen---strasbourg.pdf).
• Reflections on ''Fair Trial" in Civil Proceedings According to Article 6 § 1 of the European Convention on Human Rights. Scandinavian Studies in Law, Volume 51 (2007), page 99–129 (in English).
|
Language |
Reading |
Writing |
Speaking |
||||||
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language: |
|
|
|
|
|
|
|
|
|
|
Norwegian |
x |
x |
x |
||||||
|
b. Official languages: |
|
|
|
||||||
|
English |
x |
x |
x |
||||||
|
French |
|||||||||
I have been studying French since mid-2017 in order to increase my proficiency. Starting in January 2018, I have attended weekly courses at the Institut Français Norvège in Oslo and, from 1 to 14 April 2018, I attended an intensive course offered by France Langue in Nice.
Full comprehension in Danish and Swedish. Basic training in German.
I confirm that I intend to follow intensive language classes in French prior to, and if need be also at the beginning of, my term of duty if elected a judge on the Court.
None
I confirm that if elected a judge on the Court, I will take up permanent residence in Strasbourg.