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Election of Judges to the European Court of Human Rights

List and curricula vitae of candidates submitted by the Government of Greece

Communication | Doc. 15187 | 25 November 2020

Author(s):
Secretary General of the Parliamentary Assembly

1 List and curricula vitae of candidates submitted by the Government of Greece

Letter from Mr Vassilis Vikas, Chargé d'Affaires a.i., Permanent Representation of Greece to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 31 July 2020.

[…]

I have the honour to transmit to you herewith the names of the three candidates nominated by the Greek Government with a view to the election by the Parliamentary Assembly of the new judge to the European Court of Human Rights in respect of Greece.

The names of the three candidates are as follows, in alphabetical order:

  • Mr Ioannis Ktistakis
  • Ms Photini Pazartzis
  • Mr Michail Pikramenos

You will find enclosed the curricula vitae of the three candidates, in accordance with the model adopted by the Parliamentary Assembly, as well as a detailed description of the procedure followed for the nomination of the candidates.

[…]

Information on national selection procedure for the position of a judge of the European Court of Human Rights

The procedure for the nomination of candidates was based on the practice followed on the occasion of the previous selection of candidates for the position of a judge of the European Court of Human Rights in respect of Greece (2010), with important improvements.

The Ministry of Foreign Affairs drafted a public “call for expression of interest” to submit applications for inclusion in the candidates’ list, which was signed by the Minister for Foreign Affairs and the Minister of Justice on 31 October 2019. The deadline for the applications was 6 December 2019.

The public call was published on 1 November 2019 on the website of the Ministry of Foreign Affairs. Along with the public call were uploaded the Model curriculum vitae (in the English and French languages), as well as links to relevant Resolutions and Recommendations of the Parliamentary Assembly of the Council of Europe, the Guidelines of the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights, the Resolutions of the Committee of Ministers on the status and conditions of service of judges of the European Court of Human Rights and on the establishment of an Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights.

In order to ensure the widest possible dissemination of the call for candidatures, a relevant announcement was published in two national newspapers with wide circulation and was also sent by letter signed by the Minister for Foreign Affairs and the Minister of Justice to the Presidents of the three Supreme Courts, the President of the Plenary of the country’s Bar Associations, and the Rectors of Universities with law schools.

The abovementioned public call contained a detailed job description, focusing on the requirements set out in the ECHR and mentioning the relevant Resolutions and Recommendations of the Parliamentary Assembly of the Council of Europe, in particular Resolution 1646 (2009), as well Resolution CM/Res(2010)26 of the Committee of Ministers on the establishment of the Advisory Panel of Experts.

In the public call, it was also stated that:

  • candidates should have proven experience in the field of human rights and possess excellent active knowledge of one, and a passive knowledge of the other, official language of the Council of Europe;
  • in establishing the list of candidates, the criteria set out in relevant Resolutions and Recommendations of the Parliamentary Assembly of the Council of Europe, in particular Resolution 1646 (2009), would be taken into account, while care would be taken in respect of the balanced representation of men and women in the Court.

Furthermore, the public call indicated the procedure for the evaluation of candidatures, which was the same as the one followed in 2010, consisting, namely, in two stages: (a) the setting up of an Ad hoc Selection Committee, composed of the Secretary General of the Ministry of Foreign Affairs, the Secretary General of the Ministry of Justice and the President of the Legal Council of State (the Government’s Agent before the European Court of Human Rights), with the task of considering and evaluating the candidatures and making relevant recommendations to the Minister for Foreign Affairs and the Minister of Justice and (b) the adoption of the final list of candidates by the abovementioned Ministers.

Two important innovations were introduced in the national selection procedure.

First of all, it was decided that the Selection Committee would hold interviews with the candidates possessing the required qualifications, with a view to better evaluating the respective candidatures.

Furthermore, taking into account best practices of Council of Europe member States, the membership of the Selection Committee was enlarged to include the President of the Council of State (Supreme Administrative Court), as Chair of the Committee, as well as the former Judge in respect of Greece of the European Court of Human Rights.

To this effect, a Joint Ministerial Decision was published in the Official Gazette on 20 December 2019. According to the abovementioned Decision, the Selection Committee, tasked with the examination and evaluation of the candidatures, was composed of (1) Ms Aikaterini Sakellaropoulou, President of the Council of State, as Chair, (2) Mr Ioannis-Konstantinos Chalkias, President of the Legal Council of State, (3) Mr Themistoklis Demiris, Secretary General of the Ministry of Foreign Affairs, (4) Mr Panos Alexandris, Secretary General of the Ministry of Justice and (5) Mr Christos Rozakis, Emeritus Professor of the National and Kapodistrian University of Athens, former Judge and Vice-President of the European Court of Human Rights.

The Joint Ministerial Decision also provided that the Committee would select, among the candidates, those to be invited to an interview, and would, thereafter, evaluate the candidatures and draw up a list of up to six candidates to be considered by the Minister for Foreign Affairs and the Minister of Justice, with a view to establishing the list of three candidates to be submitted to the Parliamentary Assembly of the Council of Europe.

Eventually, the President of the Council of State informed the competent authorities that she could not exercise her functions as Chair of the Selection Committee. Ms Sakellaropoulou was later elected by Parliament as the first female President of the Hellenic Republic.

By virtue of a Joint Ministerial Decision dated 21 January 2020 and published in the Official Gazette, as Chair of the Selection Committee was appointed Mr Ioannis Sarmas, President of the Court of Auditors.

In total, fourteen applications were submitted to the competent D03 Directorate for the OSCE and the Council of Europe of the Ministry of Foreign Affairs by December 6, 2019. Later, two of the applicants withdrew their candidatures (one before the first meeting of the Committee and the second before the interviews). Hence the final number of the applicants was twelve.

In its first meeting, on January 27, 2020, the Committee reviewed the thirteen – at the time – applications and verified their compliance with required criteria. Hence, the Committee decided that all candidates would be invited in an interview on February 18, 2020. In addition, the Committee decided that its role was strictly advisory, aiming at recommending a list of candidates to the competent Ministers, who would take the final decision.

Before the second meeting of the Committee, another applicant announced that he withdrew his application. The remaining 12 candidates were invited and all of them participated in the interviews, before the Committee, at the building of the Court of Auditors. Interviews were held on February 18, 2020.

In the same day and before the interviews, the members of the Committee in its second session, decided that the questions addressed to the candidates would be: the examination of the active and/or passive knowledge by the candidates of the two official languages of the Council of Europe (English and French), the role of the Council of Europe in the shaping of international and European legal order, a description of their personal and professional qualifications and their comparative advantage as a judge of the ECHR and three questions regarding the case law of the ECHR.

Each interview lasted approximately 30 minutes and the candidates were called to answer one question in one language, and to read and summarise a text, regarding the case law of the Court, in the other. The exact time of the interviews was fixed so as to safeguard the privacy of the candidates.

In its third session, and after a thorough examination of the candidates’ curricula as well as their performance during the interviews, the Committee shortlisted four candidates, submitted their names to the Minister for Foreign Affairs and the Minister of Justice, who drew up a list of three candidates, among those shortlisted by the Committee, to be forwarded for opinion to the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights.

Appendix 1 – Ioannis KTISTAKIS

CURRICULUM VITAENote

I. Personal details

Name, forename: Ktistakis, Ioannis

Sex: male

Date and place of birth: 3 January 1971, Athens, Greece

Nationality: Greek

II. Education and academic and other qualifications

  • Law Degree, Democritus University of Thrace, Komotini (Greece) (1993)
  • Master’s degree in Political Science, Institute of Political Sciences, University Robert Schuman, Strasbourg (France) (1995)
  • Master’s degree in Legal Theory, European Academy of Legal Theory, Katholieke Universiteit Brussels & Facultés Universitaires Saint-Louis, Brussels (Belgium) (1996). Scholarship by the European Academy of Legal Theory
  • Doctor iuris, National and Kapodistrian University, Athens (Greece) (2003) (“Religious liberty under the European Convention of Human Rights”)
  • Postdoctoral research, Democritus University of Thrace, Komotini (Greece) (2006) (“NGOs before international courts”). Scholarship by the Greek State Scholarships Foundation

III. Relevant professional activities

  • Associate Professor Dr., Faculty of Law, Democritus University of Thrace, Komotini (Greece)
  • Substitute Member of the Venice Commission (“European Commission for the Democracy through Law”) of the Council of Europe (2019-)
  • Member of the Athens Bar Association, Supreme Court Lawyer

In this capacity, he has defended the following 55 individual applications before the European Court of Human Rights (the date of the relevant judgment in brackets): Anagnostopoulos and others (7.11.2000), Karahalios (11.12.2003), Belaousof and others (27.5.2004), Theodoropoulos and others (15.7.2004), Makaratzis (20.12.2004), Stamatios Karagiannis (10.2.2005), Karobeis (10.2.2005), Selianitis (10.2.2005), Theodoros Anagnostopoulos (10.2.2005), Charalambos Katsaros (10.2.2005), Vlasopoulos and others (10.2.2005), Oikonomidis (17.2.2005), Plastarias (21.4.2005), Kollias (21.4.2005), Koufogiannis (21.4.2005), Kabetsis (21.4.2005), Tsamou (21.4.2005), Stamos and others (19.5.2005), Makedonopoulos (19.5.2005), Moisidis (19.5.2005), Nikolopoulos (2.6.2005), Nafpliotis (2.6.2005), Aggelopoulos (9.6.2005), Fraggalexi (9.6.2005), Charalambos Karagiannis (9.6.2005), Kaskaniotis and others (9.6.2005), Ioannidis (4.8.2005), Vozinos (4.8.2005), Gavalas (4.8.2005), Spyropoulos (4.8.2005), Tsaras (4.8.2005), Renieri and others (8.12.2005), Gili and others (8.12.2005), Giakoumeli and others (8.12.2005), Georgopoulos and others (8.12.2005), Chatzibyrros and others (6.4.2006), Mantzila (4.5.2006), Athanasiou (1.6.2006), Tsiotras (1.6.2006), Sillaidis (30.11.2006), Diakoumakos (30.11.2006), Gousis (29.3.2007), Alvanos and others (20.3.2008), Meidanis (22.5.2008), Fener Rum Patrikliği (Ecumenical Patriarchate) (8.7.2008), Typopoiitiria Thivas A.E. (11.12.2008), Panoussi (22.4.2010), Saidoun (28.10.2010), Fawsie (28.10.2010), Konstas (24.5.2011), Sitaropoulos and Giakoumopoulos (15.3.2012), Ninos (7.6.2018), Molla Sali (19.12.2018), Dimopulos (2.4.2019) and Loupas (20.6.2019).

He has, also, defended the following collective complaint before the European Committee of Social Rights: International Federation for Human Rights v. Greece (5.6.2013)

  • Assistant Professor Dr., Faculty of Political Science and International Relations, Boğaziçi University, Istanbul (Turkey) (2012-2015)
  • Lecturer, Greek National School for the Judiciary (2000, 2001, 2004, 2013-2018)
  • Substitute Member of the Greek National Commission for Human Rights (2004-2006)
  • Member of the Executive Board of European Monitoring Centre on Racism and Intolerance (EU) (2004-2006)
  • Member of the Greek Equal Treatment Committee (2005-2006)
  • European network of legal experts in the non-discrimination field (2005-2008)

University Teaching Activities

  • Faculty of Law, Democritus University of Thrace, Komotini (Greece):

° International Protection of Human Rights: undergraduate and postgraduate studies, with particular emphasis on the Council of Europe and the United Nations system of protection of human rights.

° Refugee Law: postgraduate studies.

° Public International Law: undergraduate and postgraduate studies.

  • Faculty of Political Science and International Relations, Boğaziçi (Bosphorus) University, Istanbul (Turkey) (2012-2015):

° International Protection of Human Rights, Public International Law and International Organizations (undergraduate studies).

  • Invited as Visiting Professor by the following academic institutions to offer seminars regarding the international protection of human rights:

° Faculty of Law, Georges Washington University, Washington DC (United States) (2016).

° Faculty of Political Science and Public Administration, University of Athens (Greece) (2007-2012).

IV. Activities and experience in the field of human rights

In Europe

A/ European Court of Human Rights

In his capacity as Supreme Court Lawyer, he has defended 55 individual applications before the European Court of Human Rights, 3 of them before the Grand Chamber: Makaratzis (20.12.2004), Sitaropoulos and Giakoumopoulos (15.3.2012) and Molla Sali (19.12.2018) (see supra).

B/ European Committee of Social Rights

In his capacity as Supreme Court Lawyer and member of the Greek League of Human Rights (affiliated member of the International Federation for Human Rights), he has defended the following collective complaint before the European Committee of Social Rights: International Federation for Human Rights v. Greece (5.6.2013).

C/ Venice Commission (Council of Europe)

He was appointed by Greece as a Substitute Member of the Venice Commission (“European Commission for the Democracy through Law”) last September. He participated in the 120th Plenary session.

D/ National School for the Judiciary in Albania, the Federal Republic of Yugoslavia and Bulgaria (Council of Europe)

Invited as a Council of Europe expert to offer seminars on the ECHR, addressed to high-ranking judges from Albania (April 2000), the FRY (September 2001) and Bulgaria (December 2002).

E/ European Monitoring Centre on Racism and Intolerance (EU)

As elected member of the Executive Board of EUMC (2004-2006), he had the task to draft its annual report or to offer opinions and recommendations regarding issues raised by the institutional bodies of the Union on racism and xenophobia in EU member-states.

F/ European network of legal experts in the non-discrimination field (EU)

In his capacity as independent legal expert, he submitted annual reports on the situation of human rights in Greece (2005-2008).

In Greece

A/ Greek National School for the Judiciary

He has given regular courses on the European Convention on Human Rights during four training periods addressed to newly appointed Greek judges of Civil and Penal Courts as well as Prosecutors (2013-2018). Prior to this, he had given lectures on the ECHR to high-ranking Greek judges, under the auspices of the National School for the Judiciary (2000, 2001, 2004, 2015 and 2018). He is the editor of the first book of a series of publications issued by the National School for the Judiciary: The impact of the European Convention on Human Rights on the application of Greek law, Athens-Komotini, 2003 (in Greek).

B/ National Commission for Human Rights

In his capacity as scientific counsel from 2000 (date of creation) until 2003, and then, in his capacity as substitute member (2004-2006), he submitted numerous reports related to the implementation of human rights, eight of which related to the European Convention on Human Rights concerning religious freedom (1.3.2001, 19.10.2005), the execution of domestic administrative courts’ judgments (4.7.2002), Greece’s ratification of the 12nd and 13th additional Protocols to the ECHR (28.2.2002 and 24.4.2002 respectively), conditions of detention (12.12.2002), “reasonable time” of penal proceedings (29.5.2003) and legal aid (30.10.2003).

C/ Equal Treatment Committee

In his capacity as member of the Equal Treatment Committee (2005-2006), one of the Greek specialised bodies for the promotion of the principle of equal treatment according to the Racial Equality Directive 2000/43/EC and Employment Equality Directive 2000/78/EC, he represented the Committee on various occasions and was appointed as rapporteur for the examination of the first two individual complaints.

D/ Greek League of Human Rights

In his capacity as Secretary-General of the Greek League for Human Rights (2003-2007), the oldest (1953) Greek NGO for human rights (affiliated member of the International Federation for Human Rights), he organized more than 10 conferences, colloquies and seminars in Greece regarding a wide range of human rights issues, with particular emphasis on the rights guaranteed by the European Convention of Human Rights.

E/ Marangopoulos Foundation of Human Rights

In his capacity as legal counsel (1996-1999) of the Marangopoulos Foundation of Human Rights (NGO with consultative status with the Council of Europe and the UN Economic and Social Council), he organized human rights-related colloquies and seminars in Greece, with emphasis on the European Convention on Human Rights. He is the author of two books regarding ECHR by the Foundation (in Greek): (i) Survey of the jurisprudence of the European Court of Human Rights 1997-1998, Athens-Komotini, 1999 (co-author: E. Kastanas), and (ii) Religious freedom and European Convention on Human Rights, Athens-Komotini, 2004.

V. Public activities

a. Public office

Associate Professor Dr., Faculty of Law, Democritus University of Thrace (see supra)

b. Elected posts

Member of the Executive Board of European Monitoring Centre on Racism and Intolerance (EU) (2004-2006).

c. Posts held in a political party or movement

Non applicable.

VI. Other activities

Participation in International Conferences and intergovernmental bodies

  • October 2012 – Human Rights Dimension Conference (OSCE, Warsaw): keynote speaker
  • September 2000 – European Conference against Racism (Council of Europe, Strasbourg)
  • December 1998 – European conference for the European Charter for minority and regional languages (Council of Europe, Strasbourg)

Membership

  • Member of the Administrative Board of the Greek Branch of the International Law Association (2016-)
  • Member of the European Society of International Law
  • Member of the Greek League of Human Rights

VII. Publications and other works

Author, co-author, editor and co-editor of 62 books, articles and reports on the European Convention of Human Rights and general international law, published in Greek, French and English, including five monographs and six collective books. Among those publications, please note the following:

Monographs

  • The Friends of the Court – Amici Curiae before International Tribunals, Sakkoulas Publishers, Athens, 2019 (in Greek), foreword by Panagiotis Pikrammenos, former Greek Prime Minister and former President of the Supreme Administrative Court.
  • Migrants and European Human Rights Law, Sakkoulas Publishers, Athens, 2014 (in Greek), foreword by Nils Muižnieks, former Council of Europe Commissioner for Human Rights.
  • Islamic Law, Greek religious courts and human rights, Istos, 2013 (in French), foreword by Christos Rozakis, former vice-president of the European Court of Human Rights.
  • Religious freedom and European Convention on Human Rights, Marangopoulos Foundation for Human Rights, Athens-Komotini, 2004 (in Greek), foreword by Nicos Alivizatos, Emeritus Professor of Law of University of Athens, member of Venice Commission of Council of Europe.

Articles

  • «Human rights, Greek constitutional judge and economic crisis» in Litigation of fundamental rights and freedoms: the test of the market economy, La Revue des Droits de l’homme, 2017/11 (in French) (<https://journals.openedition.org/revdh/>).
  • «Seeking migration in Europe: borders control in conformity with the European Convention on Human Rights» in Pursuing Stability and a Shared Development in Euro-Mediterranean Migrations, Epos-Arachne Publishing, Rome, 2017, pp. 139-151 (in English).
  • «The protection of forum internum under article 9 of the ECHR» in the European Convention on Human Rights, a living instrument. Essays in Honour of Christos L. Rozakis, Bruylant, Brussels, 2011, pp. 285-303 (in English).

Publication of Council of Europe

  • Protecting Migrants under the European Convention on Human Rights and the European Social Charter, Strasbourg, 2013 (Handbook for legal practitioners in English, French and Greek).

Publication of Greek National School for the Judiciary

  • The impact of the European Convention on Human Rights at the application of Greek law, Athens-Komotini, 2003 (editor and author – in Greek), foreword by Evangelos Kroustalakis, former Director of the National School and former Prosecutor of the Court of Cassation.

Publication of Athens Bar Association

  • The protection of human rights in Europe on the basis of Strasbourg’s Court case-law, Athens, 2006 (co-authors: S. Matthias, L. Stavriti and K. Stefanaki – in Greek), foreword by Dimitris Paxinos, former President of the Athens Bar Association.

VIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

– Greek

X

   

X

   

X

   

b. Official languages:

 

   

 

   

 

   

– English

X

   

X

   

X

   

– French

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.

X. Other relevant information

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I hereby confirm this.

Appendix 2 – Photini PAZARTZIS

CURRICULUM VITAENote

I. Personal details

Name, forename: Pazartzis, Photini

Sex: female

Date and place of birth: 28 June 1959, Athens, Greece

Nationality/ies: Hellenic

II. Education and academic and other qualifications

  • 1981– Degree, Faculty of Law (Public Law Section), National & Kapodistrian University of Athens
  • 1983 – LLM (Diplôme d’études approfondies), University of Paris-II Panthéon-Assas
  • 1990 – Doctor of Law (Docteur d’État en droit), University of Paris-II Panthéon-Assas (subject: Les engagements internationaux en matière de règlement pacifique des différends entre États, Paul Guggenheim Prize, 1992)

III. Relevant professional activities

a. Description of judicial activities

In 2014, I was elected by the Conference of States Parties to the United Nations International Covenant on Civil and Political Rights to serve as member of the ICCPR Human Rights Committee. I was re-elected in 2018 for a second mandate. This Committee is the legal organ of the Covenant entrusted with the supervision of the implementation of the International Covenant on Civil and Political Rights (adopted in 1966). During my mandate, I have participated in the examination of a large number of individual complaints concerning violations of the rights enshrined by the Covenant. I have also been Rapporteur for a number of cases, thus taking a part in shaping the Committee’s jurisprudence in various areas. As Rapporteur on the Follow-Up to Views, I was actively involved in the supervision of the implementation of the Committee’s decisions (views) on individual complaints. Further, as Chair of the Working Group on the Committee’s Rules of Procedure, I had the opportunity to be actively involved in the revision of the Committee’s procedural rules, including the procedure concerning individual complaints.

  • Member of the UN Human Rights Committee, 2015-present
  • Vice-Chair of the UN Human Rights Committee, 2019-present
  • Special Rapporteur of the UN Human Rights Committee on Follow-Up to Views, 2017-2018
  • Chair of the Working Group of the UN HRC on the Rules of Procedure, 2016-2018

b. Description of non-judicial legal activities

As a professor of public international law, my areas of expertise, teaching and research are public international law both on an undergraduate and graduate level, including international human rights law, minority rights, international criminal law, reparations, public international law, law of treaties, law of state responsibility, international dispute settlement, law of the sea.

  • Professor, Public International Law, Faculty of Law, National & Kapodistrian University of Athens, since 2015
  • Director of the Athens Public International Law Center, Faculty of Law, National & Kapodistrian University of Athens, since 2015, www.athenspil.law.uoa.gr
  • Director of the Department of International Studies, Faculty of Law, since 2019
  • Coordinator, LLM in International and European Studies, Faculty of Law, 2019-2020, 2020-2021
  • President, European Society of International Law (since September 2019); member of the Board, since 2015; Vice-President, 2017-2019
  • Visiting Fellow, Lauterpacht Centre for International Law and Wolfson College, University of Cambridge, 2017-2018
  • Invited Professor, Hague Academy of International Law, July 2018, Special Course: Reparation in International Adjudication [in French]
  • Invited Professor, University of Paris-II Pantheon-Assas, Master II: Human Rights and Humanitarian Law, February 2019, course: La réparation des violations des droits de l’homme dans le contentieux international
  • Invited Professor, Xiamen Academy of International Law, August 2015; course: Arbitration in International Law: Continuity or Revival
  • Invited Professor, University of Paris-II Panthéon-Assas, Institut de Hautes Etudes Internationales, 2015; course: Statut étatique et juridictions internationales
  • Associate Professor, Faculty of Law, National & Kapodistrian University of Athens, 2007-2015
  • Member, International Law Association – Committee on: Reparations for Victims of Armed Conflict, 2008-2014
  • Co-Chair, International Law Association – Study Group on: The Content and Evolution of Rules of Interpretation, 2015 to present
  • President, Hellenic Branch, International Law Association, 2002-2015
  • Invited Professor, University of Paris-II Panthéon-Assas, Institut de Hautes Etudes Internationales, 2004; Course: La répression pénale des crimes internationaux
  • Invited Professor, University of Paris-Sorbonne (Paris-I), 2003
  • Director of Studies (French Section), Session of Public International Law, Hague Academy of International Law, July, 2003
  • Assistant Professor, Faculty of Law, National & Kapodistrian University of Athens, 2000-2007
  • Lecturer, Temple University School of Law-Athens Faculty of Law Joint Summer Program, 1999-2001
  • Visiting Fellow, Lauterpacht Research Centre for International Law, University of Cambridge, 1998
  • Visiting Scholar, Wolfson College, University of Cambridge, 1998
  • Lecturer, Faculty of Law, National & Kapodistrian University of Athens, 1993-2000
  • Editorial Committee, Revue hellénique de droit international, 1991-1998

c. Description of non-legal professional activities

/

IV. Activities and experience in the field of human rights

Through different capacities, as legal practitioner/counsel and as academic, I have an extensive experience in the field of human rights, including international humanitarian law and international criminal law.

a. United Nations Human Rights Committee (ICCPR)

  • Member of the UN Human Rights Committee, 2015-present
  • Vice-Chair of the UN Human Rights Committee, 2019-present
  • Rapporteur of the UN Human Rights Committee on Follow-Up to Views, 2017-2018
  • Chair of the Working Group of the UN HRC on the Rules of Procedure, 2016-2018

During my mandate on the Committee, I have participated in the review of the human rights situation in a number of countries, including countries, which are members of the Council of Europe. Through this, I gained valuable experience in assessing the application of international human rights obligations, in a variety of domestic legal orders, from a universal and comparative perspective. As Rapporteur on Follow-Up to Views, I had the opportunity to closely monitor the implementation of the Committee’s views by States parties and to prepare the Committee’s annual Follow-Up Report. As mandated Chair of the Working Group on the Rules of Procedure, I was involved in the revision of the Committee’s rules of procedure, in order to align the rules with the practice of the Committee, concerning both State reporting procedures and individual complaints. As elected Vice-Chair, I have chaired some of the Committee’s meetings and participated in the decision-making of the Committee on methods of work, as well as on administrative and budgetary decisions.

b. Legal counsel

  • Scientific Council, Hellenic Ministry of Foreign Affairs, 2005-2008, 2017-2019
  • Member, OSCE Court of Conciliation and Arbitration, 2013 to present
  • Hellenic Council of Nationality, member, 2009-2010, 2013-2017
  • Hellenic Ministry of Justice, Drafting Committee for the Legislation implementing the Statute of the International Criminal Court, 2000-2012
  • Hellenic Committee for the Implementation and Dissemination of International Humanitarian Law, 2000-2012
  • Sixth Committee, United Nations General Assembly, member of the Greek Delegation, 1999-2008

c. Academic

I have organised and/or participated in many international conferences relevant to international human rights protection and have been invited for presentations hosted among others by the Inter-American Court of Human Rights, the European Court of Human Rights and the Council of Europe.

  • European Society of International Law, 15th ESIL Annual Conference: Sovereignty: A Concept in a State of Flux?, Chair of the Organising Committee, Athens 12-14 September 2019 [invited speakers included judges of the European Court of Human Rights, speaking in panels related to human rights]
  • Co-Convenor, Workshop on Rethinking Reparations in International Law, Lauterpacht Center for International Law, University of Cambridge, 17-18 November 2017
  • Co-Chair, International Law Association – Study Group on: The Content and Evolution of Rules of Interpretation, 2015 to present
  • Hellenic Committee for the Implementation and Dissemination of International Humanitarian Law, Training Seminar, Athens, 26-29 May 2009
  • International Law Association-Hellenic Branch & Marangopoulos Foundation for Human Rights, Conference on The Genocide Convention at 60, Athens, 2008
  • International Law Association-Hellenic Branch and Institute of Public International Law & International Relations, Conference on International Criminal Justice as a Mechanism for the Enforcement of International Law, Thessaloniki, Greece, 2006

Selection of lectures/conference presentations relevant to human rights:

  • Presentation: L’étranger, personne humaine chez Nicolas Valticos, Conference hosted by the Institut de Hautes Etudes Internationales on: Grandes pages de la doctrine internationale: L’étranger, University of Paris-II, February 15, 2019
  • Keynote speech: Human Rights Obligations and the UN Sustainable Development Goals, ILA Committee on the Role of International Law in Sustainable Natural Resource Management for Development, Conference on International Law & Sustainable Management of Natural Ressources: Implementation Issues, National & Kapodistrian University of Athens, 10 May 2019
  • Presentation: Interpreting Human Rights: Between Universality and Pluralism, Workshop organised by PluriCourts: Religion and Ethnicity, University of Oslo, 4-5 October 2018
  • Presentation: Responsibility of States for Internationally Wrongful Acts in a Practical Context, 29th Informal Meeting of Legal Advisers, United Nations New York, 22-23 October 2018
  • Presentation: The Universal Declaration of Human Rights at 70: Achievements and Challenges, Hellenic Society of International Law & International Relations, Annual Conference: Human Rights: 70 Years from the Universal Declaration of Human Rights, Athens, 20-22 December 2018 [in Greek]
  • Lecture: Whose Authority? The UN Human Rights Committee and the Interpretation of the International Covenant on Civil and Political Rights, Lauterpacht Research Centre for International Law, 2 February 2018
  • Presentation: Challenge of the interaction between the ECHR and other international human rights instruments to which the Council of Europe member States are Parties, Council of Europe, Directorate General Human Rights and the Rule of Law, Drafting Group on: The Place of the European Convention on Human Rights in the European and International Legal Order (DH-SYSC-II), September 2018

I have participated in joint meetings of the Human Rights Committee with the European Court of Human Rights and the Inter-American Court of Human Rights, respectively. In these meetings, Members of the UN Committee and judges discussed issues relevant to their respective jurisdictions and cross-cutting issues of human rights:

  • Joint meeting of the UN Human Rights Committee and the Inter-American Court of Human Rights, San Jose, November 2018
  • Joint meeting of the UN Human Rights Committee with the European Court of Human Rights, Geneva, July 2016
  • Joint meeting of the UN Human Rights Committee with the European Court of Human Rights, Geneva, November 2019

V. Public activities

a. Public office

  • Professor, Public International Law, Faculty of Law, National & Kapodistrian University of Athens, since 2015
  • Director of the Athens Public International Law Center, Faculty of Law, National & Kapodistrian University of Athens, since 2015, www.athenspil.law.uoa.gr
  • Director of the Department of International Studies, Faculty of Law, since 2019
  • Coordinator, LLM in International and European Studies, Faculty of Law, National & Kapodistrian University of Athens, 2019-2020, 2020-2021

b. Elected posts

  • Member of the UN Human Rights Committee, 2015-present
  • Vice-Chair of the UN Human Rights Committee, 2019-present
  • Member of the Deanship, Faculty of Law, National & Kapodistrian University of Athens, 2014-2016

c. Posts held in a political party or movement

None

VI. Other activities

  • Kalliopi Koufa Foundation for the Promotion of International Law & Human Rights, Member of the Governing Board [ www.koufafoundation.org ]
  • European Society of International Law (President since September 2019, member of the Board since 2015, Vice-President, 2017-2019)
  • Société française pour le droit international
  • Hellenic Society of International Law & International Relations
  • International Law Association, Hellenic Branch (former President, 2002-2015)
  • American Society of International Law

VII. Publications and other works

I have published a large number of books and articles and have edited/co-edited a number of publications. Publications concern public international law, dispute settlement, judicial function, treaty law, State responsibility, and international human rights, and include the 10 following most relevant books and articles:

  • La jurisprudence de la Cour internationale de justice, Paris, Pedone, 2008 (with P.-M. Eisemann, Prix Charles Aubert-Droit 2008, Institut de France, Académie des Sciences Morales et Politiques)
  • The Judicial Function in International Law, Athens, Nomiki Vivliothiki, 2014 [in Greek]
  • La répression pénale des crimes internationaux, Paris, Pedone, 2007
  • “General Principles and International Human Rights Law” (with M. Papadaki), in: M. Andenas, M. Fitzmaurice, A. Tanzi & J. Wouters (eds.), General Principles and the Coherence of International Law, Leiden/Boston, Brill/ Nijhoff, 2019, pp. 369-375
  • “The UN Human Rights Committee, other UN Human Rights Treaty Bodies and Treaty Interpretation” (with P. Mercouris), in: ILA Study Group on the Content and Evolution of the Rules of Interpetation, Interim Report, 19-24 August 2018, Sydney
  • “La succession d’États comme moyen de regulation des relations internationales”, in S. Cassella & L. Delabie (eds.), Faut-il prendre le droit international au sérieux? Journée d’études en l’honneur de Pierre Michel Eisemann, Paris, Pedone, 2016, pp. 33-40.
  • “Judicial Activism and Judicial Self-Restraint: The PCIJ’s Lotus Case”, in C. Tams & M. Fitzmaurice (eds.), Legacies of the Permanent Court of International Justice, Leiden/Boston, Martinus Nijhoff Publishers, 2013, pp. 319-335
  • “The Ambit and Limits of the Advisory Function of the International Court of Justice”, in E. Rieter & H. De Waele (eds.), Evolving Principles of International Law. Studies in Honour of Karel C. Wellens, Leiden/Boston, Martinus Nijhoff Publishers, 2012, pp. 265-280
  • La responsabilité internationale de l’État pour génocide: l’affaire du crime de génocide devant la CIJ”, in A. Yotopoulos & P. Pazartzis (dir.), Le génocide revisité, Athènes/Bruxelles, Ant. N. Sakkoulas/Bruylant, 2010, pp. 65-82
  • “Le droit coutumier revisité: quelques remarques à propos de l’étude du CICR sur le droit international humanitaire”, in S. Perrakis & D. Marouda (eds.), Armed Conflicts and International Humanitarian Law, Athènes/Bruxelles, Ant. N. Sakkoulas/Bruylant, 2009, pp.183-198
  • La réparation dans le contentieux international, course delivered at the Hague Academy of International Law, 2018 [forthcoming in The Hague Academy Courses]

VIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

– Greek

X

   

X

   

X

   

b. Official languages:

 

 

 

 

 

 

 

 

 

– English

X

   

X

   

X

   

– French

X

   

X

   

X

   

c. Other language:

 

 

 

 

 

 

 

 

 

– Italian

   

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.

X. Other relevant information

Chevalier de l’Ordre des palmes académiques, République française. http://www.athenspil.law.uoa.gr/people/director.html

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I confirm that if elected a judge on the European Court I will take up permanent residence in Strasbourg.

Appendix 3 – Michail PIKRAMENOS

CURRICULUM VITAENote

I. Personal details

Name, forename: Michail Pikramenos, Vice President at the Council of State, Associate Professor of Law School, Aristotle University of Thessaloniki

Sex: male

Date and place of birth: 11 October 1960, Athens, Greece

Nationality/ies: Greek

II. Education and academic and other qualifications

  • Graduate of the School of Political Science, Panteion University of Athens (1982)
  • Graduate of the Law School, Aristotle University of Thessaloniki (1985)
  • Graduate of the National School of Public Administration, Department of Administrative Justice (1987-1989)
  • PhD at the Department of Political Science and Public Administration of the National and Kapodistrian University of Athens (1991)
  • Scholar of the State Scholarships Foundation (I.K.Y.) (1985-1991)
  • Academic Visitor- Attendance of post-graduate program at Law School, Oxford University (1999-2000)

III. Relevant professional activities

a. Description of judicial activities

  • 1989present – Judge at the Council of State. Resolving administrative disputes, I am constantly dealing with issues concerning human rights and especially the interpretation of the European Convention on Human Rights and the case-law of the European Court of Human Rights
  • 2018present – Vice President at the Council of State, serving as deputy president at the 2nd chamber, dealing with tax and customs disputes
  • 2006–2008 – Assistant Member at the Supreme Special Court and the Special Court of the article 88 of the Constitution

b. Description of non-judicial legal activities

  • 1985–1987 – Special Postdoctoral Scholarship at constitutional law at Athens University. Sector of Administrative Science, Department of Political Science and Public Administration. Scholarship of the State Scholarships Foundation (Ι.Κ.Υ.)
  • 1994–1995 – Member of the educational staff at the National School of Public Administration. Subject: Special issues of Administrative Law (Methodology of drawing-up authentic acts)/ General Constitutional Law
  • 2013–2014 – Chair of the working group at the Ministry of Justice in the frame of the Greek. Presidency in E.U. (first semester of 2014). Subject: Evaluation of the effectiveness of justice (Justice Scoreboard)
  • 2008–2019 – In 2008 I was elected lecturer and in 2018 associate professor of law at the Law School of the Aristotle University of Thessaloniki. In the course of the administrative procedural law I teach the case law of the European Court of Human Rights and the guaranties for a fair trial. I have also taught the course of human rights under the light of the Constitution and the European Convention on Human Rights

c. Description of non-legal professional activities

  • 2006–2007 – Moderator of the International Relations Committee of the Council of State
  • 2009–2010 – Member of the scientific working group of the Ministry of Interior. Subject: Processing and formulation of the general principles and the frame for the administrative reform of Greece (“Kallikratis” Plan - administrative decentralisation – local and regional authority)
  • 2011–present – Alternate representative of Greece in the Group of Independent Experts of the Assembly of Local and Regional Authorities of the Council of Europe
  • 2015–present – Member of the scientific Board of the Journal: “Tetradia Politikis Epistimis (“Review of Political Science”)
  • 2019–2020 – Instructor in the course of ‘Governance and regional development’ at the Department of Political Sciences of the Aristotle University of Thessaloniki

IV. Activities and experience in the field of human rights

a. Activities as judge, expert, member of legislative Committees, university professor, general director of National School of Judges and representative of Greece in European organisations

  • 1989–present – Judge at the Council of State. Resolving administrative disputes. I am constantly dealing with issues concerning human rights and especially the interpretation of the European Convention on Human Rights and the case law of the European Court of Human Rights, indicating the following examples:

° Rapporteur at the plenary session of the Council of State regarding the relation between the disciplinary and penal trial in the disciplinary law of police officers under the light of the European Convention on Human Rights (Decision of the Council of State 4662/2012).

° Member of the composition of the plenary session regarding the teaching of the lesson of religion in schools under the light of the European Convention on Human Rights, expressing minority opinion (decisions of the Council of State 1749-1750/2019, 660/2018).

° Member of the composition of the plenary session for resolving the issue ne bis in idem in custom disputes under the light of the European Convention on Human Rights (penal and administrative sanction).

° President of the 2nd chamber of the Council of State regarding cases related to the presumption of innocence under the light of the European Convention on Human Rights (decisions of the Council of State 537, 297, 70/2019).

° Rapporteur at cases related to issues regarding the violation of article first of the First Additional Protocol (decisions of the Council of State 2461, 2462/2018, 3154/2014).

° Rapporteur at cases related to issues regarding the article 6 of the European Convention of Human Rights on the fair trial (decisions of the Council of State 2457/2018, 3253/2017, 3508-3507/2013).

° Rapporteur at a case about the disciplinary regime of the military (decision of the Council of State 177/2006).

° President or member of the composition of the 2nd chamber of the Council of State in cases related to the principle of ne bis in idem (decisions of the Council of State 407-406/2019, 297/2019, 2103, 1104, 1103, 1102/2018).

  • 2000–2003 – Expert at the Centre for European Constitutional Law (Themistocles and Dimitris Tsatsos Foundation) examining issues of justice and rights. Participation at meetings with jurists from countries of Eastern Europe. Subject: Organization of justice/Jurisprudence of the Greek courts in relation with the European Convention on Human Rights.
  • 2001–2007 – Member of the educational staff of the National School of Judges. Subject: European Convention on Human Rights/constitutional law.
  • 2002–2005 – Chair of a Special Legislative Committee of the Ministry of Justice. Subject: Processing and recommendation of the necessary legislative measures in view of the adjustment of the national legislation to the case law of the European Court of Human Rights.
  • 2011 – Chair of the Special Legislative Drafting Committee of the Ministry of Justice. Transparency and Human Rights. Subject: Establishment of a national mechanism for the reasonable duration of the trial proceedings and the formulation of a national action plan.
  • 2012 – Member of the Legislative Drafting Committee of the Ministry of Administrative Reform and e-Governance. Subject: Disciplinary law of the civil servants (law no 4057/2012).
  • 2013–2016 – General Director at the National School of Judges. In the frame of the program of the School I enriched the course emphasising on the case law of European Court of Human Rights. Meanwhile I organised a series of seminars for the judges and prosecutors.
  • 2013–2016 – Representative of Greece at the Steering Committee of the European Judicial Training Network with the topic, among others, the education of judges on human rights and the rule of law.
  • 2008–2019 – In 2008, I was elected lecturer and in 2018 I was elected associate professor of administrative law at the Law School of the Aristotle University of Thessaloniki. In the course of the administrative procedural law I teach the case-law of the European Court of Human Rights and the guaranties for a fair trial. I have also taught the course of human rights under the light of the Constitution and the European Convention on Human Rights.

b. Activities as representative of Greece in the Council of Europe

  • 2005–2006 – Participation as a representative of Greece in the Program HELP of the Council of Europe regarding the education in the case-law of the European Court of Human Rights
  • 2011–2018 – Representative of Greece in the European Commission for the Efficiency of Justice (CEPEJ)
  • 2017–2018 – Representative of the Council of State at the Superior Court’s Network of the European Court of Human Rights.

V. Public activities

a. Public office

  • 1996–1999 – Special Assistant at the Legal Advisor’s Office of the Prime Minister (according to a High Justicial Council’s decision). Subject: Legitimacy matters of the governmental functioning and special matters of legislative policy.
  • 1996–1998 – Member of the Special Legislative Committee of the Ministry of Culture. Subject: Drafting a Bill on the “Protection of Cultural Heritage” (law No 3028/2002).
  • 2002–2005 – Chair of the Special Legislative Committee of the Ministry of Justice. Subject: Processing and recommendation of the necessary legislative measures in view of the adjustment of the national legislation to the decisions of the European Court of Human Rights.
  • 2011 – Chair of the Special Legislative Drafting Committee of the Ministry of Justice, Transparency and Human Rights. Subject: Establishment of a national mechanism for the reasonable duration of trial proceedings and the formulation of a national action plan (law No 4055/2012).
  • 2013–2016 – General Director at the National School of Judges. In this frame I introduced a course on human rights and, among others, a course on the case-law of the European Court of Human Rights.
  • 2017–2018 – Member of the Legislative Drafting Committee of the Ministry of Justice, Transparency and Human Rights. Subject: Draft of the Civil Procedure Code of the Court of Audit.
  • 2017–2018 – Member of the Legislative Drafting Committee of the Ministry of Justice, Transparency and Human Rights. Subject: The courts organization Code and the status of the Greek judges and public prosecutors.

b. Elected posts

  • 2016–2018 – Member of the Steering Committee of the Association of Judges of the Council of State
  • 2001–2002 – General Secretary of the Steering Committee of the Association of Greek Judges of the Council of State
  • 1992–1993 – Member of the Steering Committee of the Association of Greek Judges of the Council of State
  • 2017–2020 – President of the Association of Greek Judges and Public Prosecutors for the Democracy and the Liberties (the Association is a member of MEDEL)

c. Posts held in a political party or movement

No subject

VI. Other activities

  • Scientific Member of the Journal: “Theoria kai Praksi Dioikitikou Dikaiou” (“Theory and Practice of Administrative Law”)
  • Representative of the Council of State at international scientific Meetings and Fora
  • Member of the Hellenic Constitutional Bar Association
  • Member of the scientific Council of the Institute for Private Law, Data Protection and Technology
  • Member of the scientific Council of the Institute for Justice and Development

VII. Publications and other works

  • Author of 8 books
  • Introduction and editing of 2 books (Compendium of texts)
  • Contribution in 2 books (Compendium of texts): author of one chapter in every book

Author of 45 articles, already published

The problem of the implementation of the administrative acts by the administration authorities in the light of the jurisprudence of the European Court of Strasbourg (in the volume with the Minutes of the Conference “Administrative theory and practice- administration and society”, Sakkoulas ed., Athens-Thessaloniki, 2007, pp. 769-784).

The disciplinary-criminal trial relationship in view of the article 6 of the European Convention on Human Rights, in the volume: “The European Court of Human Rights and the Council of State in a constant dialogue”, Sakkoulas ed., Athens-Thessaloniki, 2013.

The European Court of Human Rights and the Council of State in a constant dialogue (edit.), Sakkoulas ed., Athens-Thessaloniki, 2013.

Organization and Efficiency of the Justice. The European experience. Introduction/edited by Michail Pikramenos, Nomiki Vivliothiki ed., 2015.

The relation between justice and economic developments as priority of policy in E.U. and CoE, Efimerida Dioikitikou Dikaiou (Journal), 4/2016, p. 437-445).

Judicial maps and judicial time management in the administrative courts. European public policies for the reform of the judicial system, Nomiki Vivliothiki ed., 2017.

Prohibition of discriminations and the public functions. The Council of State and the interpretation of the national and the EU rules, Efarmoges Dimosiou Dikaiou (Journal), issue II/2017.

The international and European frame of principles and suggestions for the organization of justice, the judicial independence, the deontology and the status of the judges, and the issue of its implementation in the Greek judicial system, in the collective volume: “The administration of justice as main pillar of a fairly governed state”, Nomiki Vivliothiki, 2018.

The contribution of the judicial training to the approach of the European case-law by the national judges (in the volume of the proceedings of the 9th International Conference of Human Rights, co-organized by the International Center on Human Rights LIBERTAS and the Center of International Law at the University Paris Ouest Nanterre La Défense, with main subject: “The dialogue of judges: Interactions between national and international courts”.

“Public confidence and the justice in a democratic society” (under publication in the honorary volume of the European Court of Human Rights in the honor of the President Linos-Alexandre Sicilianos).

VIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

– Greek

X

   

X

   

X

   

b. Official languages:

 

 

 

 

 

 

 

 

 

– English

X

   

X

   

X

   

– French

 

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.

I confirm my intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, my term of duty if elected a judge on the Court.

X. Other relevant information

Computer literate.

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.

;