Election of Judges to the European Court of Human Rights
List and curricula vitae of candidates submitted by the Government of Sweden
Communication
| Doc. 14663
| 05 November 2018
- Author(s):
- Secretary General of the Parliamentary Assembly
1 List
and curricula vitae of candidates submitted by the Government of
Sweden
Letter from Mr Torbjörn Haak,
Ambassador of Sweden to the Council of Europe, to Mr Wojciech Sawicki, Secretary
General of the Parliamentary Assembly, dated 2 October 2018.
[…]
With reference to your letter, dated 19 February 2018, I am
pleased to inform you that the Government of Sweden has decided
to nominate Mr Thomas Bull, Mrs Katarina Påhlsson and Mr Erik Wennerström,
in alphabetical order, as candidates for the election as Judge to
the European Court of Human Rights.
The Government's decision, dated 30 August 2018, was based
on the proposal of the Judges Proposals Board of Sweden, the agency
responsible for evaluation of candidates for posts as judges. Please
find enclosed the curricula vitae of the candidates and a description
of the procedure by which the candidates were selected.
[…]
2 Procedure
for the nomination of candidates to the office of Judge of European
Court of Human Rights
1. Applicable legislation
The appointments of judges to the national courts in Sweden
are made by the Government after a proposal from an Advisory Board,
called the Judges Proposals Board (in Swedish Domarnämnden), on
suitable candidates.
The Judges Proposals Board consists of nine members. Five
of the members shall be or have been permanent judges and two of
the members shall be lawyers active outside the judiciary. One of
these lawyers must also be an attorney who is a member of the Swedish
Bar Association. The other two members shall represent the public.
A new Act (2014:414) regarding the procedure for selection
of candidates to nominate for positions at the Court of Justice
of the European Union (EU) and the European Court of Human Rights
was adopted and entered into force on 1 September 2014 ([Lagen (2014:414])
om nomineringar till Europeiska unionens domstol och Europeiska
domstolen för de mänskliga rättigheterna). The Act (2014:414) is
closely linked to the legislation for the appointment of national
judges and refers to that legislation with some minor exemptions
and additional rules.
For the text in Swedish of the Act (2014:414), see Annex 1.
The content can in English be briefly summarised as follows:
In the first article (1 §) it is stated that the Act applies
to the preparatory proceedings regarding the nomination of Judges
and Advocates-General of the Court of Justice of the European Union
and of Judges of the European Court of Human Rights.
According to the first paragraph of the second article (2
§ 1 par.), such matters shall be prepared under the Act (2010:1390)
on the appointment of permanent judges. This means, which follows
from the Act (2010:1390), that the Judges Proposals Board is responsible
for the preparatory proceedings and for proposing suitable candidates
to the Government.
Finally, in the first paragraph of article four (4 § 1 par.)
it is stated that the Government shall appoint a person with special
knowledge about the work of the Court in question who shall attend
and be given the opportunity to state an opinion in the Judges Proposals
Board.
2. The preparation of the file
by the Judges Proposals Board
In preparing the Judges Proposals Board’s proposal of Mr Thomas
Bull, Mrs Katarina Påhlsson and Mr Erik Wennerström, the Act (2014:414)
was applied.
As mentioned above, the first paragraph of article four (4
§ 1 par.) in Act (2014:414) requires the Government to appoint a
person with special knowledge about the work of the Court in question
who shall attend and be heard in the Judges Proposals Board. Due
to her special knowledge about the work of the European Court of Human
Rights, former Judge Mrs Elisabet Fura was appointed as such an
expert and participated in this capacity in the preparation of the
file by the Judges Proposals Board.
The procedure under the Judges Proposals Board involved the
following measures.
2.1 Advertisement to announce
the vacancy
A statement of required qualifications was drawn up by the
office of the Judges Proposals Board after consultation with the
Ministry for Foreign Affairs and with reference to the European
Convention on Human Rights, the Resolutions made by the Parliamentary
Assembly and the Guidelines of the Committee of Ministers. The statement
of qualifications was to form the basis of the selection of suitable
candidates and be added to the dossier. For the text of the Statement
of required qualifications in Swedish, see Annex 2.
An advertisement announcing the possibility of seeking to
become the Government’s candidates to the office of Judge at the
European Court of Human Rights was published on the homepage of
the Judges Proposals Board; www.domarnamnden.se. The advertisement
listed the requirements for holding the office of Judge at the European
Court of Human Rights as set out in the statement of required qualifications.
Persons meeting these requirements were invited within a period
of about one month to submit an application declaring their interest
in being nominated for the position. For the text of the advertisement
in Swedish, see Annex 3.
The advertisement was also published in two major daily newspapers
– Svenska Dagbladet and Dagens Nyheter. Moreover, the advertisement
was published on the websites advokaten.se and dagensjuridik.se,
two major legal websites. An advertisement was also published at
the intranet of the Swedish courts, accessible for all persons working
at the Swedish courts.
Five persons applied for nomination. One of the applicants
later withdrew his application.
2.2 Obtaining references on the
candidates
After the time limit for declaring interest in being nominated
for the position had expired, the Judges Proposals Board obtained
written references about the applicants. The references were obtained
from the persons who the applicants had mentioned in their applications.
2.3 The Interview Procedure
At its meeting on 7 June 2018 the Judges Proposals Board assessed
the qualifications of the applicants and decided to call Mr Thomas
Bull, Mrs Katarina Påhlsson and Mr Erik Wennerström to interviews.
According to the Board’s preliminary assessment, they were the applicants
who fulfilled the required qualifications for the office of Judge
of the European Court of Human Rights.
The interviews were held on 12 June 2018 and were conducted
by Mrs Marianne Lundius, former Justice of the Supreme Court, and
Mrs Elisabet Fura, former Judge of the European Court of Human Rights.
Present at the interviews were also Mrs Karin Sandahl, Administrative
Director of the Judges Proposals Board, and Ms Linnea Andersson,
reporting clerk at the Board.
2.4. The proposal on suitable
candidates by the Judges Proposals Board
At its meeting on 15 August 2018 the Judges Proposals Board
finalised its management of the matter by deciding to propose Thomas
Bull, Katarina Påhlsson and Erik Wennerström as suitable for the
office of Judge of the European Court of Human Rights.
Before the decision was made the applicants who had been interviewed
made a short presentation about themselves before the Board.
As grounds for the decision the Judges Proposals Board stated
that Mr Thomas Bull, Mrs Katarina Påhlsson and Mr Erik Wennerström
are exceptionally skilled lawyers with solid experience of highly
qualified legal work. According to the Judges Proposals Board they
fulfil the exceptionally high qualifications required for the office of
Judge of the European Court of Human Rights.
After the decision was made the Judges Proposals Board submitted
the proposal to the Ministry for Foreign Affairs.
ANNEXES
Annex 1
Text of Lagen (2014:414) om nomineringar till Europeiska unionens
domstol och Europeiska domstolen för de mänskliga rättigheterna
Annex 2
Statement of required qualifications for the selection of
candidates
Annex 3
Text of the advertisement of the possibility of being the
Government’s candidate to the office of European Court of Human
Rights
Annex 1
Lag (2014:414) om nomineringar
till Europeiska unionens domstol och Europeiska domstolen för de mänskliga
rättigheterna
1 § Denna lag gäller
för beredningen av ärenden om nominering av domare och generaladvokater
i Europeiska unionens domstol och av domare i Europeiska domstolen
för de mänskliga rättigheterna.
2 § Ärenden enligt
1 § ska beredas enligt lagen (2010:1390) om utnämning av ordinarie
domare.
Bestämmelsen i 8 § i den lagen ska dock inte tillämpas.
3 § Om en domare som
tjänstgör vid Europeiska unionens domstol ställer sig till förfogande
för fortsatt tjänstgöring, får han eller hon nomineras utan att
ärendet har beretts enligt 2 §.
4 § Regeringen ska
utse en person med särskilda kunskaper om arbetet i den domstol
ärendet avser som ska närvara och få yttra sig i Domarnämnden.
Regeringen får överlåta åt Regeringskansliet att utse den
person som avses i första stycket.
Annex 2
Kravprofil, nominering av domare
till Europeiska domstolen för de mänskliga rättigheterna
En kandidat till tjänsten som domare i domstolen bör tillhöra
landets främsta jurister och svara mot synnerligen högt ställda
krav vad avser juridiska kunskaper, analysförmåga, förmåga att uttrycka
sig i tal och skrift, omdöme och självständighet.
Domstolens domare ska vara moraliskt oförvitliga och ska antingen
uppfylla de villkor som krävs för utnämning till högre domarbefattningar
eller vara rättslärda med erkänd kompetens. Domarna ska tjänstgöra
i sin personliga egenskap.
Under sin mandattid får domarna inte åta sig uppdrag som är
oförenliga med deras oavhängighet och opartiskhet eller med de krav
som ett heltidsämbete ställer.
Vid bedömningen av en kandidats lämplighet fästs särskild
vikt vid följande färdigheter och erfarenheter.
• Juridiska kunskaper
Breda och gedigna kunskaper i svensk rätt och folkrätt, särskilt
i mänskliga rättigheter.
• Yrkeserfarenhet
Lång erfarenhet av högt kvalificerat juridiskt arbete. Erfarenheter
från olika juridiska yrkesfält beaktas t.ex. från domstolar, lagstiftningsverksamhet,
den akademiska världen och advokat- eller åklagarverksamhet. Erfarenhet
av domaryrket är särskilt meriterande. Även chefserfarenhet och
erfarenhet av att leda personal kan tillmätas betydelse.
• Språkkunskaper
Förmåga till kommunikation på andra språk än svenska. Ett
av Europarådets två officiella språk (engelska och franska) ska
behärskas mycket väl i både tal och skrift. Därutöver ska goda kunskaper,
särskilt hörförståelse, innehas i det andra språket.
• Förmåga och vilja att arbeta i en internationell miljö där
flera rättstraditioner finns representerade
Utvecklad social förmåga och förmåga att driva en egen uppfattning,
förmåga att skapa nätverk samt ambition att inneha en ledande befattning
(domstolens ordförande, vice ordföranden samt ordföranden för domstolens avdelningar
väljs av domstolens ledamöter). Förmåga och intresse av att arbeta
med organisatoriska frågor. Erfarenhet från relevant arbete inom
internationella organisationer kan vara meriterande.
Domarna väljs för en period om nio år. Mandattiden upphör
när domarna uppnår 70 års ålder. Kandidaten bör kunna inneha ämbetet
åtminstone under halva mandatperioden om nio år innan han eller
hon uppnår 70 års ålder.
Appendix 1 – Thomas
BULL
CURRICULUM VITAENote
I. Personal details
Name, forename: Bull, Thomas
Sex: Male
Date and place of birth: Born in 1965, Tveta, Sweden
Nationality: Swedish
II. Education and
academic and other qualifications
- 1992 – Master of Laws
- 1997 – Doctor of
Public Law
- 2000 – Senior lecturer
(docent) of public law
- 2008 – Professor
of constitutional law
- 2013 – Justice of
the Supreme Administrative Court of Sweden
III. Relevant professional
activities
a. Description of
judicial activities
- In 1992 – I took up work as a law clerk
at the regional Administrative court in Stockholm and served there for
less than a year
- In 2010 – I served
for six months in the Administrative Court of Appeal of Stockholm
as a judge
- In 2013 – I was
appointed Judge of the Supreme Administrative Court of Sweden
b. Description of
non-judicial legal activities
- Accepted for the doctoral
program at the Faculty of Law, Uppsala University in 1992.
- During 1992-1997 – I
was a doctoral candidate working with my thesis while also teaching introductionary
courses of Swedish law and the basic course on constitutional law.
- Graduated in 1997 as doctor of public law on the thesis
“Mötes- och demonstrationsfriheten – en statsrättslig studie av
mötes- och demonstrationsfrihetens gränser och innehåll i Sverige,
Tyskland och USA” (The Freedom of Assembly – a constitutional study
of limits and content in Sweden, Germany and the USA). The thesis
was rewarded with the prize “von Materns premium” by the Faculty
of Law in 1998.
- Between the years 1997–1999 – I was active at the Faculty as
a teacher hired on a yearly basis. In 1999 I received a position
as a full member of the Faculty and in 2000 I was deemed competent
as a senior lecturer (docent).
- During 1999–2008 – I took active part in developing
the courses on constitutional law at the Faculty both on the basic
level and the advanced level. I was responsible for the courses
during most of that period and for a team of five to ten teachers
involved with them. I held most lectures in the field and graded around
300 exams per year. At the same time I was involved in a major public
inquiry into the Swedish system for protection of freedom of speech
(see report SOU 2006:96).
- Awarded prize for “Best teacher of the year” at the Uppsala
Faculty of Law in 2001 and in 2007.
- Received the “Pedagogical prize” of Uppsala University
in 2008.
- Appointed professor of constitutional law at the Faculty
of Law in Uppsala in 2008.
- Since then until today I have held a number of positions
in legislative committees in the field of public law and constitutional
law. (See i.e. reports SOU 2008:42, SOU 2009:29 SOU 2010:68 SOU
2011:17, SOU 2016:58.)
c. Description of
non-legal professional activities
- During my studies, I
served as a course-administrator at the Department of Law for three
semesters.
- Deputy Head of the Department of Law at Uppsala University
2001-2002.
- Member of the group of legal professionals doing the Swedish
Agency for Higher Education’s evaluation of legal education in Sweden
in 2007 and again in 2011.
- Head of the Uppsala University project “Creative Educational
Development”, Cred 2010-2012 (report available at http://uu.diva-portal.org/smash/record.jsf?searchId=1&pid=diva2%3A663621&dswid=-3818).
- President of the Research Board at the Faculty of Law
at Uppsala University 2011-2012.
- Appointed special investigator of the Swedish Transport
Agency’s outsourcing activities in 2015, by the Government for the
period September 2017- February 2018 (see report Ds 2018:6).
IV. Activities and
experience in the field of human rights
- Extensive teaching and
research in the area of human rights law from 1992 until today,
see the list of publications below and the full list in the Swedish
version.
- Judging in the Supreme Administrative Court frequently
involves issues of human rights in different contexts. Experience
since 2013.
- Continuous participation in national and international
conferences on the topic of human and constitutional rights, sometimes
as a representative of my court and sometimes as an academic. Most recently
at the Swedish Network for European Legal Studies conference «Freedom to and Freedom from Religion: the Rule of Law in
the European Democratic State” in Stockholm, April 2018.
- Member of the board of the Swedish Section of the International
Commission of Jurists 2003-2006.
- Member of OSCE/ODIHR Panel of Experts on the Freedom of
Assembly 2007 – 2011 (see the report Guidelines on Freedom of Peaceful
Assembly, 2010).
- Member of the Board of the
foundation “Friends of the Rule of Law” since 2011 (Stiftelsen Rättsstatens
Vänner, see www.rattsstatensvanner.se).
- Member of Judging Panel for
ELSA Moot Court Competition in Uppsala yearly from 2013.
V. Public activities
a. Public office
- Member
of the governing board of the Swedish Election Authority
- Member of the Scientific Review
Board of the Swedish Agency for Public Management
b. Elected posts
- President
of the Election review board of the Swedish Church
- Member of the Swedish Bar
Associations Examination Board
- President of the Swedish Section
of the Nordic Association for Administration (Nordiska Administrativa
Förbundet)
- Member the Board for the Uppsala
University Faculty of Law Alumni Association
c. Posts held in a
political party or movement
None
VI. Publications and
other works
Author to around 90 books, chapters in books and articles
in legal journals, for a full list see the appendix to the application
in Swedish. Here I will list my doctoral thesis and some texts in
English.
- Mötes- och demonstrationsfriheten
– en statsrättslig studie av mötes- och demonstrationsfrihetens gränser
och innehåll i Sverige, Tyskland och USA (The Freedom of Assembly
– a constitutional study of content and limits in Sweden, Germany
and the USA), dissertaton, Iustus Förlag, 1997
- Blowing in the Wind? Swedish Protection of Whistle-blowers
in the Public Sector, Scandinavian Studies in Law 52 – Constitutional
Law, 2007, s. 65 – 78
- Freedom of Expression and the Limits of Tolerance: A Swedish
Saga, in: de Lege 2009, s. 101 – 128.
- Freedom of Expression in Sweden – the Rule of Formalism,
in: Kierulf/Rönning (eds.) Freedom of Speech Abridged?, Nordicom
2009, s. 79 – 92
- The Right Stuff? On the transformation of the protection
of rights, in: Amtenbrink/van den Berg (eds.) The Constitutional
Integrity of the European Union, 2010, s. 175 – 200
- Judges without Courts – judicial preview the Swedish way,
in: Campbell et al (eds.) The Legal Protection of Human Rights –
Skeptical Essays, Oxford UP, 2011
- Sanctions Against Terrorism and their impact on Freedom
of Speech, in: Cameron (ed.), EU Sanctions: Law and Policy Issues
Concerning Restrictive Measures (2013), s.161 – 176
- Ancient and modern: access to information and constitutional
governance (with Hugh Corder), in: Tushnet (ed.) Routledge Handbook
of Constitutional Law, 2013 p. 219 – 230
- Constitutional Identity – A view from Sweden, Rettfaerd
2014 nr 4 s. 10 – 23
- Legislative Review for Human Rights Compatibility: A View
from Sweden (with Iain Cameron) in: Parliaments and Human Rights,
Hunt, Hooper and Yowell (eds.), 2015, s. 279 – 294
VII. Languages
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Language
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Reading
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Writing
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Speaking
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very good
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good
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fair
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very good
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good
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fair
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very good
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good
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fair
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a.
First language:
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– Swedish
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b.
Official languages:
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– English
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x
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x
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x
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– French
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c.
Other languages:
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– German
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x
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VIII. In the event
that you do not meet the level of language proficiency required
for the post of judge in an official language [the second], please
confirm your intention to follow intensive language classes of the
language concerned prior to, and if need be also at the beginning
of, your term of duty if elected a judge on the Court.
I do not have “fair” or better proficiency in French at the
moment, but is ready follow intensive language courses in preparation
for work at the Court, as well as training in the beginning of my
term if I were to be elected. Considering that work at the Court
means living in France for 9 years, this is of course a necessary
measure also for other reasons than being able to participate in
the Courts daily work.
IX. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court.
I will take up permanent residence in Strasbourg, should I
be elected.
Appendix 2 – Katarina
PÅHLSSON
CURRICULUM VITAE
I. Personal details
Name, forename: Påhlsson, Katarina
Sex: Female
Date and place of birth: 11 September 1961, Gothenburg, Sweden
Nationality: Swedish
II. Education and
academic and other qualifications
- 13 June 1988 – LL.M, Lund University
- 7 June 1983 – Swedish
(one semester), Gothenburg University
- 19 January 1981 – History
(one semester), Gothenburg University
- 15 May 2010 – Islam
of today, Halmstad University
- From 2006 and onwards, different management trainings
given by the Judicial Training Academy and private trainers
III. Relevant professional
activities
a. Description of
judicial activities
- 19 January 2015 – Senior Judge of Appeal, Head of
Division, Svea hovrätt, Stockholm.
The assignments consist of, i. a., to be the presiding judge
in cases, to lead and direct work at the division including to maintain
responsibility for and follow up on the operating targets and to
be responsible for the legal staff and the head of court clerks,
and further, to be part of the management team of the Court of Appeal.
Close to 30 people work at the division, i.e. judges, legal clerks
and court clerks. The cases dealt with are mainly criminal and civil
cases.
- 1 Aug. 2010–18 Jan.
2015 – Senior Judge of Appeal,
Head of Division, Hovrätten för Västra Sverige, Gothenburg.
See above, although the number of staff was appr. 25.
- 1 Dec. 2006–31 July 2010 – Senior Judge, Head of Division,
Göteborgs City Court, Gothenburg.
The division dealt only with criminal cases and the procedural
rules for quorum are different from that of a Court of Appeal. The
number of staff was appr. 35, and I was responsible for the whole
staff in the division. Apart from these differences, please see
above for a general description of the work and main duties.
- 19 July 2001–30 Nov. 2006 – Judge
(permanent judge as of Oct. 2001) at a division dealing only with criminal
cases, Göteborgs City Court, Gothenburg. The duties and tasks should
be self-explanatory.
- 1 Aug. 1998–18 July
2001 – Principal secretary,
Sexualbrotten Ett ökat skydd för den sexuella integriteten och angränsande
frågor (SOU 2001:14). The primary task of this cross-party criminal
law committee was to review all provisions on sexual crime in the
Swedish Penal Code, but also to suggest new provisions re. trafficking
for sexual purposes and examine some aspects of the principle of
double punishment.
- 1 June 1996–13 Jan.
1998 – Inquiry secretary,
Alkoholreklam (SOU 1998:8). The primary task for this government
inquiry (committee) was to carry out a study of Swedish regulations
re. marketing of alcohol and its compliance with the law of the
European Union and to suggest alterations.
- June 1991–June 1996 – Admitted for the four year training
of judges, initially as a legal clerk at the Svea Court of Appeal,
a junior judge at Handen District Court, and finally an associate
judge at the Court of Appeal for Western Sweden. (I had my first
daughter during this period.)
- 1 Nov. 1988–May
1991 – Law clerk at Huddinge
City Court.
b. Description of
non-judicial legal activities
- 1 April 2011–1 June 2013 – Expert
in a criminal law reform government committee Straffrättsanvändningsutredningen,
Vad bör straffas? (SOU 2013:38)
c. Description of
non-legal professional activities
- 1 July 2017– Deputy Chairman of the Press Council
(PON), an independent self-disciplinary body, deciding on complaints
on the editorial contents of newspapers, magazines and their web-sites. Obviously,
the work contains some legal issues as well and the chairmen are
all qualified Judges and Justices.
IV. Activities and
experience in the field of human rights
- Sept. 1987–April 1988 – Seven
months stage at the General Legal advice Unit of the Division of
refugee law with the United Nations High Commissioner for Refugees,
Geneva.
- 1988–mid 1990s – Member and active in the work
of the Swedish section of the International Commission of Jurists
(ICJ), including being on the board for a couple of years and, with
some colleagues, responsible for a legal aid project in South Africa.
V. Other activities
- Sept. 2017 – Lecturer and responsible for a
one-day Judicial Training Academy course for judges re. procedural
codes, in particular concerning evidence
- 1 Aug. 2015 – Member
of the Swedish Courts judicial expert group for international assignments
and missions
- 2005 – Member of
the Swedish Courts Media group
VI. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
very good
|
Good
|
fair
|
very good
|
Good
|
fair
|
very good
|
good
|
Fair
|
|
a.
First language:
|
|
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– Swedish
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Yes
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Yes
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Yes
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b.
Official languages:
|
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– English
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Yes
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Yes
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Yes
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– French
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Some
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No
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No
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VII. In the event
that you do not meet the level of language proficiency required
for the post of judge in an official language [the second], please
confirm your intention to follow intensive language classes of the
language concerned prior to, and if need be also at the beginning
of, your term of duty if elected a judge on the Court.
Yes. I took French two years during my senior high school,
evidently I would have to follow intensive language classes in French.
VIII. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court.
Yes.
Appendix 3 – Erik WENNERSTRÖM
CURRICULUM VITAENote
I. Personal details
Name, forename: Wennerström, Erik
Sex: Male
Date and place of birth: 25 August 1962, Västanfors, Sweden
Nationality: Swedish
II. Education and
academic and other qualifications
Over the past 20 years I have been engaged in research and
education at the universities of Uppsala, Stockholm and Umeå in
Sweden. I have also lectured at several universities in Europe on
human rights and the rule of law in a European or international
context, as well as on cyber security and the protection of privacy in
the digital arena. Qualifications relevant for this candidature
are:
- 2012 – Certificate, qualified PhD Supervisor,
University of Copenhagen
- 2007 – Doctor of
Laws; international law, EU law and legal jurisprudence, Uppsala
University
- 1998 – Training
in WTO Dispute Resolution, Europäische Rechtsakademie
- 1991 – Diplomatic
Training, Ministry for Foreign Affairs
- 1988 – Master of
Laws, Uppsala University
III. Relevant professional
activities
a. Judicial activities
Positions held prior to 2012 have included the resolution
or the management of the resolution of disputes, mainly between
parties that are states or international entities. The posts with
the strongest links to the judiciary are:
- 2007–2012 – Member
of the governing assembly of the International Criminal Court (ICC)
Administrative and budgetary responsibilities. Negotiated
amendments to the Rome Statute, including the crime of aggression
and extension of the court’s jurisdiction, at and ahead of the Review
Conference 2010. Member of the corresponding coordination body for
EU member States; its president in 2009.
- 2007–2012 – Principal
Legal Adviser on International Law, Ministry for Foreign Affairs
Providing advice to foreign minister and government services
in advance of as well as during negotiations, sometimes leading
such negotiations, on topics ranging from treaty negotiation to
the resolution of disputes over or involving international law matters
where Sweden was a party, a third party or a mediator. See also under
IV.
- 2005–2007 – Director, Head of International
Law Enforcement Affairs, Ministry of Justice & Interior
Bilateral and multilateral responsibilities for co-operation
forming the basis of judicial co-operation. See also under b).
- 1996–2000 – European
Commission official responsible for judicial cooperation in criminal
matters.
Commission representative in the establishment of the European
Judicial Network, and in the scrutiny of Candidate Countries’ capacity
for participating in judicial co-operation under different instruments,
while meeting the Copenhagen criteria (incl. human rights). See
also under b).
b. Non-judicial legal
activities
All positions held since 1990 have included the capacity of
jurisconsult (2007 – 2012 exclusively):
- 2012 – Director-General, National
Council for Crime Prevention, Ministry of Justice, Sweden
As head of this government agency, responsible for crime statistics
and research for the benefit of the government and the judicial
system, I have forged a standing trilateral co-operation system
with the National Police and the National Prosecution Service in
which the three heads of service identify common challenges in the
investigation and prosecution of crimes, and ways to meet the challenges
based on the empirical evidence of my agency and the relevant legal
perimeters. See also under IV.
- 2007–2012 – Principal Legal Adviser on International
Law, Ministry for Foreign Affairs, Sweden. See under a) and IV.
- 2005–2007 – Director, Head of International
Law Enforcement Affairs, Ministry of Justice & Interior. Responsible
for Sweden’s participation in EU and international law enforcement
(bilateral, EUROPOL, INTERPOL) operations, and for supervising national
authorities conducting such operations, legislative processes improving
conditions for police co-operation, as well as development of conditions
for Sweden's participation in crisis management and peace operations
(EU and UN).
- 2005 – Adviser on EU accession, justice
and home affairs. Acting as adviser, within a bilateral project between
Croatia and Sweden regarding the former’s EU accession strategy,
on the justice and home affairs sections of the project.
- 2004–2005 – Director
for EU Affairs and Principal Legal Adviser, Folke Bernadotte Academy.
Created legal framework for operation of this new government
agency under MFA for crisis management training and coordination.
Successfully negotiated its first EU-funding and created its training programme
for judges from post-conflict jurisdictions. See also under IV.
- 2001 – Adviser on
EU accession, justice and home affairs. Acting as adviser, within
a bilateral project between Latvia and Sweden regarding the former’s
EU accession strategy, on the justice and home affairs sections
of the project.
- 2000–2004 – Director for International Relations
and EU-Affairs, Ministry of Justice. In charge of policy development
and EU Presidency leadership for the Ministry of Justice. Managing,
advising and negotiating EU cooperation in justice and home affairs.
- 1996–2000 – Administrator, DG Justice and
Home Affairs, European Commission, Brussels. Drafting of legislation
in compliance with the human rights obligations of the EU and its
member States, as well as the screening of Candidate States to the
EU in light of their performance with regard to rule of law and the
capacity for judicial co-operation. See also under IV.
- 1994–1996 – Head of Consular Section, Political
Affairs Officer, Swedish Embassy, Kuala Lumpur. Responsible for
the protection of consular rights of Swedish citizens as well as
for monitoring the human rights situation in the host country, including
liaison with UNHCR concerning remaining camps with Vietnamese boat
refugees.
- 1991–1994 – Political & Legal Affairs
Officer, Permanent Mission of Sweden, Geneva. Responsibilities focused
on the respect for international humanitarian law and refugee law
in times of war (first Gulf War and the early Balkan Wars).
- 1990–1991 – 1st Secretary Ministry for Foreign
Affairs, Department for International Law. Diplomatic training.
- 1987–1990 – University lecturer at law (law
of government), University of Uppsala, Sweden. Lectures, seminars
and development of course literature.
IV. Activities and
experience in the field of human rights
The following positions and activities have included specific
responsibilities with regard to human rights:
- 2017 – Management
Board Member, EU Fundamental Rights Agency, Vienna
Providing guidance to the Director of the FRA, defining the
agency’s work priorities, approving its budget and monitoring its
work, including the annual Fundamental Rights Report. Elected President
of the Board’s budget committee. Informing relevant Swedish actors
of FRA and its activities.
- 2015–2016
– Expert in research project commissioned by the European Parliamentary
Research Service. Drafting proposals to the European Parliamentary
Research Service study “An EU mechanism on democracy, the rule of
law and fundamental rights” (PE 579.328)
- 2012 – Director-General, National
Council for Crime Prevention. Since 2012 transforming
the production of the National Council (a government agency responsible
for crime statistics and research for the benefit of the government
and the judicial system) so that it now produces, i.a., statistics
on hate motives behind and gender aspects of reported crime, and
its research includes evaluations of the effects of reform measures
in criminal law, not only from a perspective of efficiency, but
also from a rights perspective.
- 2010–2013 – Observer
of the Council of Europe Committee of Legal Advisers on Public International Law
(CAHDI) to the negotiations on EU accession to the European Convention
for Human Rights, within the formats CDDH-UE and 47+1. As the elected
CAHDI observer to the negotiations for EU accession to the ECHR,
important insights were acquired into the Court’s procedures and
working methods, as well as its challenges and possibilities, but
above all the future challenges once accession takes place.
- 2008–2017 – Instructor on issues of international, humanitarian
and human rights law. Since the launch of the EU Monitoring Mission
in Georgia (EUMM Georgia) in 2008, I have provided monitors with
their legal introduction to the mission, prior to their deployment.
- 2007–2012 – Principal Legal Adviser on International Law,
Ministry for Foreign Affairs, Sweden. Providing guidance on international
law and human rights dimensions of various foreign policy matters of
relevance to Sweden and the EU, including the war on terrorism,
the status of Kosovo, the war in Georgia and the intervention in
Libya. Negotiated (in 2008) the “Montreux document on pertinent international
legal obligations and good practices for States related to operations
of private military and security companies during armed conflict”
in the aftermath of the Blackwater affair, underlining the non-derogable
nature of certain rights. Negotiated the EU legal framework of the
Human Rights Review Panel (2009) for alleged human rights violations
by EULEX Kosovo. Negotiated, in conjunction with the sessions of
the United Nations General Assembly Sixth Committee, the inclusion
of references to the status of the rule of law in domestic affairs
in the annual resolution on “The rule of law at the national and international
levels” (starting with A/RES/63/128)
- 2004–2005 – Director for EU Affairs and Principal Legal
Adviser, Folke Bernadotte Academy. While serving with the Folke
Bernadotte Academy (a government agency for international crisis
operations) I constructed and conducted training in i.a. human rights
for missions being deployed to the Western Balkans and Iraq, notably
on international law related to violations of human rights in times
of war or emergency, training modules that were used by several
European training institutions.
- 1998–1999 – Drafting
the European Commission Communication Crime
victims in the European Union. Reflexions on standards and action (COM
(99) 349 final, 14 July 1999), which takes the first steps in integrating
references to Council of Europe recommendations and United Nations
resolutions into the emerging acquis,
and in presenting the protection of crime victims as a right and
conversely: an obligation under EU law, leading to the 2001/220/JHA:
Council Framework Decision of 15 March 2001 on the standing of victims
in criminal proceedings (replaced 2012 by the Crime Victims Directive
2012/29/EU).
- 1996–2009 – Assignments from the European Commission and
its office for technical assistance and exchange (TAIEX) as expert
and instructor regarding legislative projects and processes in Candidate and
member States in Europe, as part of EU strategies for implementing
the Copenhagen criteria. The legislative projects and processes
concerned judicial co-operation, the interface between national criminal
law and EU law, the rule of law as a standard for legislation and
government, as well as fighting crime in a digital environment.
- 1996–2000 – Executive
Secretary of the EC GROTIUS Programme (a subvention programme supporting
projects in EU Member States, promoting judicial co-operation and
mutual knowledge of the respective legal systems; ref. 96/636/JHA
of 28 October 1996). Over the four years, more than a hundred different
projects were initiated that purported to strengthen judicial co-operation
in Europe with full compliance with human rights. Some projects
– such as the European Judicial Network meeting series, and the
EUROJUST conferences – in time led to the establishment of EU institutions,
while other projects – such as the Eurobail proposal, eJustice –
influenced future EU legislative proposals.
V. Public activities
a. Public office
- 2018
– Advisory Board Member, Swedish Gender Equality Agency
- 2017 – Management Board Member,
EU Fundamental Rights Agency, Vienna
- 2015 – Council Member, Scandinavian
Research Council for Criminology
- 2013–2015 – Chairman
of Government Commission on Cyber Security. Presented legislative
proposal on strategic measures for increased cyber security (SOU
2015:23) and for receiving public emergency announcements via mobile
telephony (SOU 2014:92).
- 2012
– Board Member, International Advisory Board for Evidence Based
Policing/Police Executive Programme, Cambridge University
- 2012 – Board Member, International
Advisory Board of the European Institute for Crime Prevention and
Control, affiliated with the United Nations (HEUNI), Helsinki
- 2012 – Board Member, Stockholm
Prize in Criminology Foundation
- 2012–2016 – Advisory
Board Member of the Folke Bernadotte Academy, Sweden
- 2009 – Chairman
of EU Council body on International Law/International Criminal Court
(ICC)
- 2010–2012 – Expert
in Government Commission. Drafted legislative proposals on the mobilization
of international resources for emergency operations in Sweden (SOU
2012:29)
- 2009 – Expert in Government Commission.
Drafted legislative proposals on the criminal law provisions relevant
for Swedish nationals participating in international missions (SOU
2009:76)
- 2007–2012 – Member, Standing Government Committee
on International Public Law, Stockholm
- 2007–2012 – Delegate
to Assembly of State Parties for the International Criminal Court
(ICC)
- 2007–2012 – Delegate
to United Nations General Assembly, Sixth Committee (Legal Affairs)
- 2007–2012 – Delegate
to EU Council body on International Law/International Criminal Court
(ICC)
- 2002 – Member of
Government Committee for establishing the Folke Bernadotte Academy
- 2002 – Delegate
in the EU Council Committee for Civil Crisis Management (CIVCOM)
- 2001 – President
of the Multi-Disciplinary Group on Organised Crime (MDG) of the
EU
- 1999 – European
Commission representative to the Asia-Europe Young Leaders' Summit
b. Elected posts
None
c. Posts held in
a political party or movement
None
VI. Other activities
- 2017
– Fellow and Member, Royal Swedish Academy of War Sciences
- 2017 – Member, Editorial Advisory
Board, Cambridge Journal of Evidence-Based Policing
- 2012 – Prize Jury Member,
Swedish Theft Prevention Association
- 2012 – Board of Editors, human
rights part of Europarättslig
Tidskrift (Journal on Eur.
Law)
- 2008–2010 – Board
Member Swedish Institute for International Humanitarian Law, Stockholm
- 2008 – Member, Board of Editors,
Hague Journal on the Rule of Law
- 2007–2012 – Board
Member Swedish Institute for International Law, Uppsala
- 2007 – Awarded the
von Bahr prize for most distinguished academic dissertation, Uppsala
- 2005–2007 – Chairman
of the EC Project for Training for Civil Crisis Management Operations
- 2004–2012 – Board
Member and General Counsel, Stockholm Prize in Criminology Association
- 1996–2000 – Member
of Selection Committee for European Commission Internships, Brussels
- 1994–1996 – Executive
Secretary of the Swedish-Malaysian Scholarship Fund, Kuala Lumpur
- 1991 – Awarded Ministry
for Foreign Affairs’ prize for innovation
- 1986–1990 – Board
Member UN Association, Uppsala
VII. Publications
and other works (selection)
- “Can the EU Protect
its Fundamental Values?” in Europaperspektiv 2018
(Sw.), Stockholm 2018.
- “Crisis, authorities and the law: crisis management on
the fringes of law” (book, in Sw., with Bergling, P., et al) 2015
- “The Rule of Law in Times of Financial Crises: How EU
Rule of Law Correlates with the Market” in Scandinavian
Studies in Law, Stockholm (vol. 60, 2015)
- “The EU Commission Defines the Rule of Law and a Mechanism
for applying it inside the EU” in Europarättslig
Tidskrift (vol. 3, 2014)
- “No Exceptions without Rules – Constitutional Emergency
Law and Sweden” (article, in Sw.) in Vänbok till
Sten Heckscher (Hirschfeldt, J., ed.), Uppsala, 2012
- “Complementarity, Local Ownership and Justice Sector Assistance
in Future Legal and Justice Strategies” (article) in Law and Justice: A Strategy Perspective (Muller,
S. and Zouridis, S., eds.) the Hague 2012
- “Computer-related Crime” (chapter) in Cyber Law in Sweden (part of International
Encyclopaedia of Cyber Law) Wolters Kluwer 2011.
- “Strasbourg + Luxemburg = true? – EU accession to the
European Convention on Human Rights”, (article, in Sw.) in Europarättslig Tidskrift (Journal
on European Law) (vol. 4, 2011)
- “Rule of Law in Public Administration: Problems and Ways
Ahead in Post-Conflict Peace-Building” (article, with Bergling,
P. and Zajac-Sannerholm, R.) in the Hague
Journal on the Rule of Law, the Hague (vol. 2, 2010)
- “The Rule of Law and the European Union”, doctoral dissertation,
published by Iustus Förlag AB In this dissertation I analyse the
way in which the EU, in different policy areas, refer to and act
on references to the rule of law, often linked to systemic human
rights violations. (Cf. the 2009 rule of law report by the Venice
Commission, cf. CDL-AD (2011)003rev footnote 6 et seq.)
VIII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
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very good
|
good
|
fair
|
very good
|
good
|
fair
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very good
|
good
|
fair
|
|
a.
First language:
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|
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|
|
|
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|
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– Swedish
|
X
|
|
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X
|
|
|
X
|
|
|
|
b.
Official languages:
|
|
|
|
|
|
|
|
|
|
|
– English
|
X
|
|
|
X
|
|
|
X
|
|
|
|
– French
|
|
X
|
|
|
|
X
|
|
X
|
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c.
Other languages:
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|
|
|
|
|
|
|
|
|
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– German
|
|
X
|
|
|
|
X
|
|
|
X
|
IX. In the event
that you do not meet the level of language proficiency required
for the post of judge in an official language [the second], please
confirm your intention to follow intensive language classes of the
language concerned prior to, and if need be also at the beginning
of, your term of duty if elected a judge on the Court.
This is confirmed.
X. Other relevant
information
All national service obligations have been completed.
XI. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court.
This is confirmed.
