Election of judges to the European Court of Human Rights
List and curricula vitae of candidates submitted by the Government of the Czech Republic
Communication
| Doc. 15358
| 03 September 2021
- Author(s):
- Secretary General of the Parliamentary Assembly
1 List
and curricula vitae of candidates submitted by the Government of
the Czech Republic
Letter from Mr Emil Ruffer, Permanent
Representative of the Czech Republic to the Council of Europe, to Ms Despina
Chatzivassiliou-Tsovilis, Secretary General of the Parliamentary
Assembly, dated 22 July 2021.
[…]
I have the honour to transmit to you herewith the Czech Republic’s
candidates for the election as a judge to the European Court of
Human Rights. The list was approved by the Czech Government’s decision
No.615 of 12 July 2021 […]
The candidates are as follows (in alphabetical order):
- Mr Tomáš Langášek, judge at
the Supreme Administrative Court,
- Ms Kateřina Šimáčková, judge at the Constitutional Court,
- Mr Pavel Simon, judge at the Supreme Court.
Please find enclosed the Czech Government’s decision, the
nomination letter, the curricula vitae and motivation letters of
the candidates, as well as the revised and updated Rules governing
the selection of candidates for the post of judge at the European
Court of Human Rights, adopted by the Government Resolution No.
648 of 15 June 2020.
[…]
2 Information
on national selection procedure for the position of a judge of the
European Court of Human Rights
The Czech Republic nomination
of candidates for the post of judge at the European Court of Human Rights
Given that the mandate of the current judge of the European
Court of Human Rights (ECtHR) elected in respect of the Czech Republic
will come to its end as of 31 October 2021, the Ministry of Justice
of the Czech Republic (MoJ), pursuant to the Rules Governing the
Selection of Candidates for the Post of Judge at the ECtHR (see enclosed),
opened a call for applications for the post of a judge at the ECtHR
on 21 July 2020. The deadline for the submission of applications
expired on 30 September 2020. Within the deadline, 7 applications
were presented. After their examination it was concluded that all the applicants
should be invited to an interview with the Selection Committee.
The Selection Committee met on 13 November 2020, composed
as follows:
- Ms Marie Benešová,
Minister of Justice, Chairperson,
- Ms Milada Tomková, Vice-President of the Constitutional
Court,
- Mr Petr Angyalossy, President of the Supreme Court,
- Mr Michal Mazanec, President of the Supreme Administrative
Court,
- Ms Anita Grmelová, Deputy Minister of Foreign Affairs,
- Mr Vít A. Schorm, Government Agent before the ECtHR,
- Mr Stanislav Křeček, Public Defender of Rights,
- Ms Monika Novotná, Vice-President of the Czech Bar Association,
- Mr Jan Kuklík, Dean of the Law Faculty of Charles University
in Prague.
At this meeting, the Selection Committee interviewed all the
applicants. They were invited to appear in its front separately,
one by one, in alphabetical order, with approximately 45 minutes
allocated to each applicant. During the interviews the Selection
Committee examined the personal and professional qualities as well
as linguistic abilities of the applicants and, in a secret ballot,
selected the following three candidates to appear on the List of
Candidates (in alphabetical order):
- Mr Tomáš Langášek, judge at the Supreme Administrative
Court,
- Mr Pavel Simon, judge at the Supreme Court,
- Ms Kateřina Šimáčková, judge at the Constitutional Court.
The Selection Committee concluded that all the three candidates
meet the set requirements, possess high personal and moral qualities,
are of a distinguished professional background, have excellent linguistic
skills and guarantee independent, impartial and fair decision-making.
To complete the information, the following two applicants
have been selected as substitutes:
- Mr Pavel Zeman, Supreme Public Prosecutor, 1st substitute,
- Mr Jiří Kmec, Attorney, 2nd substitute.
Consequently, the List of Candidates containing the three
candidates has been sent to the Advisory Panel of Experts on Candidates
for Election as Judge to the ECtHR[…]. Pursuant to Art. 7(2) of
the Rules, the List of Candidates has subsequently been submitted
by the Minister of Justice to the Government which then approved
the List of Candidates (Government Resolution No. 615 as of 12 July
2021).
In line with the Art. 7(2) of the Rules, the Ministry of Foreign
Affairs hereby submits the List of Candidates to the Parliamentary
Assembly of the Council of Europe.
Annex to Government Resolution No 648 of 15 June 2020
Rules governing the selection
of candidates for the post of judge at the European Court of Human Rights
Candidates for the post of judge at the European Court of
Human Rights (hereinafter referred to as the “Court”) elected in
respect of the Czech Republic under the Convention for the Protection
of Human Rights and Fundamental Freedoms (hereinafter referred to
as the “Convention”)Note shall
be selected in a selection procedure according to the following
rules:
Article 1 - Timetable of the selection
procedure
(1) The Ministry of Justice (hereinafter referred to as the
“Ministry”) shall make a call for applications for the post of judge
at the Court no later than fourteen months before the expected end
of the term of office of the current judge at the Court elected
in respect of the Czech Republic. There shall be at least a two-month
period between the publication of the call on the Ministry’s website
pursuant to Article 3(1) and the deadline for the submission of
applications. The Minister of Justice shall submit a draft list
of candidates to the Government no later than eight months before
the expected end of the term of office of the current judge at the
Court.
(2) If the post of the judge at the Court elected in respect
of the Czech Republic falls vacant before the end of his or her
term of office, the Ministry shall make a call for applications
without undue delay. There shall be at least a two-month period
between the publication of the call on the Ministry’s website and
the deadline for the submission of applications. The Minister of
Justice shall submit a draft list of candidates to the Government no
later than five months from the deadline for the submission of applications.
Article 2 - Criteria for office
(1) A candidate for the post of judge at the Court shall:
(a) be a citizen of the Czech Republic;
(b) be of high moral character and possess the qualifications
required for appointment to high judicial office or to the Constitutional
Court or be a jurisconsult of recognised competence;
(c) guarantee his or her independence and impartiality in
the performance of the duties of a judge at the Court upon election;
(d) have the necessary knowledge of international protection
of human rights and, in particular, the case law of the Court;
(e) be proficient in at least one official language of the
Court and possess at least a passive knowledge of the other;Note
(f) be less than 65 years of age at the date by which the
list of three candidates has been requested by the Parliamentary
Assembly of the Council of Europe,Note if
this date is after the entry into force of Protocol No. 15 to the
Convention.Note
(2) A candidate for the post of judge at the Court should:
(a) be proficient in both official languages of the Court;
(b) meet the age criterion, whereby the age limit of 70 yearsNote enables
him or her to serve as a judge for a full and proper term of officeNote or,
if elected to replace a judge whose term of office has not expired,
the age limit of 70 years enables him or her to serve as a judge
for the remainder of his or her predecessor’s term;Note the provisions
of this subparagraph shall not apply after the entry into force
of Protocol No. 15 to the Convention;
(c) not, if elected, give rise to the need to appoint ad hoc judges to consider applications
submitted to the Court.
Article 3 - Call for applications
(1) The Ministry shall take appropriate measures to ensure
that the call for applications is made available to the public as
widely as possible. In particular, it shall publish the call on
its website and notify it to courts, public prosecutor’s offices,
legal professional organisations and deans of the law faculties
of public universities in the Czech Republic.
(2) In the call, the Ministry shall specify the requirements
of applications and other details concerning their submission.
(3) Applicants shall submit their applications to the Ministry
within the time limit specified in the call.
Article 4 - Composition of the
selection committee
(1) The selection committee shall consist of nine members,
specifically:
(a) the Minister of Justice or his or her delegated deputy
minister at the Ministry of Justice, who shall also chair the committee;
(b) the Minister of Foreign Affairs or his or her delegated
deputy minister at the Ministry of Foreign Affairs;
(c) the Agent of the Government of the Czech Republic before
the Court;
(d) the President of the Constitutional Court;
(e) the President of the Supreme Court;
(f) the President of the Supreme Administrative Court;
(g) the Public Defender of Rights;
(h) a member appointed by the President of the Czech Bar Association;
(i) a member appointed by the deans of law faculties of public
universities.
(2) Persons applying for the post of a judge at the Court
and persons in a family or similar relationship with an applicant
are not entitled to sit on the committee; in cases of doubt, a decision
shall be taken by the committee.
(3) If a member appointed pursuant to paragraph (1)(c) to
(g) is unable to participate personally in the committee, his or
her immediate statutory subordinate shall become a member of the
committee instead. If a member appointed pursuant to paragraph (1)(h)
or (g) is unable to participate personally in the committee, the person
or persons appointing that member shall appoint another member instead.
Article 5 - Session of the selection committee
(1) The committee shall be convened for session by the Minister
of Justice after the deadline for the submission of applications
has expired. The committee shall be quorate if at least five of
its members are present. It shall pass decisions by a majority of
the votes of those members present. The committee chairperson shall
have the casting vote in the event of a tie.
(2) The committee chairperson shall examine the applications
submitted, where appropriate invite applicants to clarify any discrepancies
in their applications, and distribute the applications to the other
members of the committee. At the same time, he or she shall propose
the exclusion of those applications which manifestly do not meet
the requirements of Article 2(1) or are incomplete and in respect
of which the applicant has not given sufficient justification for
failing to comply with the requirements set out in the call under
Article 3(2), and shall set a reasonable time limit for members
of the committee to respond to this proposal. If no member of the
committee objects to the exclusion of a given application within
the set time limit, the committee shall no longer take that application
into account. The committee chairperson shall notify this decision
to the applicant concerned.
(3) The committee chairperson shall subsequently invite applicants
whose applications have not been excluded pursuant to paragraph
(2) to attend an interview, and shall do so no later than ten days
before the interview is to be held. In its interviews with applicants,
the committee shall comprehensively examine their suitability to
hold the post of a judge at the Court and shall ascertain their
motivation. It may request additional documents from applicants.
In those cases where applicants have not credibly demonstrated that
they have the language proficiency required to hold the post, the
committee shall assess, in an appropriate manner, their linguistic
abilities.
(4) After carrying out the procedure under paragraph (3),
the committee shall exclude applicants who do not meet the requirements
set out in Article 2(1). If there are fewer than three remaining
applicants or if both sexes are not represented, the committee shall
decide how to proceed in order to find the candidates missing; Article 3
shall apply mutatis mutandis.
(5) The committee shall select, from the remaining applicants,
the three who best meet the requirements set out in Article 2. However,
if the candidates selected do not include a candidate of a sex that
accounts for fewer than two fifths of the judges at the Court at
the time the Parliamentary Assembly invited the Czech Republic to
submit its list of candidates, the committee shall place a candidate
of the unrepresented sex in third place. The committee may also
select one or two alternates from among the remaining applicants,
in the appropriate order, taking into account the objective pursued
by the preceding sentence.
(6) The committee shall issue a record of its decision-making,
in which it shall briefly state the reasons for its decisions. The
committee chairperson shall notify applicants of the outcome of
the selection procedure.
(7) If, after the committee has selected three candidates,
one of them withdraws, dies or ceases to meet the requirements set
out in Article 2(1), the committee shall select a replacement candidate,
unless an alternate has previously been selected under paragraph
(5), or shall mutatis mutandis follow
the procedure pursuant to the second sentence of paragraph (4).
Article 6 - Consultation of the
Advisory PanelNote
(1) The Minister of Justice shall submit the selected candidates
to the Advisory Panel of Experts on Candidates for Election as Judge
to the European Court of Human Rights (hereinafter referred to as
the “Advisory Panel”), established by the Committee of Ministers
of the Council of Europe, for an assessment of whether they fulfil
the prescribed requirements.Note He or she shall usually
do so within the time limit set by the Advisory Panel.
(2) At the same time, the Minister of Justice shall inform
the Advisory Panel of these Rules Governing the Selection of Candidates
for the Post of Judge at the Court and of the course of the selection
procedure, and shall also provide the Advisory Panel with any additional
information it may request.
(3) If the Advisory Panel concludes that any of the nominated
candidates does not fulfil the prescribed requirements, such a candidate
shall be treated as though he or she had been excluded from the
selection procedure; the Minister of Justice shall notify the candidate
thereof. The Minister of Justice shall submit an alternate candidate,
in the determined running order, to the Advisory Panel for assessment
or, in the absence of such an alternate, shall refer the matter
to the selection committee in order for the procedure referred to
in Article 5(7) or, where appropriate, in the second sentence of
Article 5(4) to be followed.
(4) In relation to the Advisory Panel, the Minister of Justice
shall act through the Minister of Foreign Affairs, unless they agree
otherwise.
Article 7 - List of candidates
of the Czech Republic
(1) The list of candidates of the Czech Republic shall consist
of three candidates selected following the procedure laid down in
Article 5. The candidates shall be listed in alphabetical order.
(2) The list of candidates shall be approved by the Government
on a proposal from the Minister of Justice. The Minister of Foreign
Affairs shall then transmit the list of candidates, together with
information on these Rules Governing the Selection of Candidates
for the Post of Judge at the Court and on the course of the selection
procedure, to the Parliamentary Assembly of the Council of Europe.
(3) If the Government does not approve the list of candidates,
the selection procedure shall be repeated. The time limits referred
to in Article 1 may be shortened accordingly in such case. If the
reasons that moved the Government not to approve the list of candidates
so allow, for the purposes of the repeated selection procedure the
committee may decide to use the applications submitted in the original
selection procedure.
(4) If any of the candidates withdraws or dies before the
Parliamentary Assembly votes, the Minister of Justice shall proceed
with an alternate selected by the selection committee under Article
6 and, in the absence of an alternate, shall convene the committee
to decide how to proceed in order to find a replacement candidate. Articles 5
and 6 shall then apply mutatis mutandis.
Only the replacement candidate shall be submitted to the Government
for approval under paragraph (2).
(5) Paragraph (4) shall also apply mutatis
mutandis if the Parliamentary Assembly does not accept,
in its entirety, the list of candidates
Appendix 1 – Tomas LANGÁŠEK
CURRICULUM VITAENote
I. Personal details
Name, forename: Langášek, Tomas
Sex: male
Date and place of birth: 13 February 1974, Kyjov, Czechoslovakia
(Czech Republic)
Nationality: Czech
For more details see personal profiles at www.nssoud.cz and www.usoud.cz
http://www.nssoud.cz/soudci
https://www.usoud.cz/en/emeriti-justices-and-court-officials
II. Education and
academic and other qualifications
- Masaryk University,
Brno, Czech Republic, Faculty of Law, Degree: JUDr. (Doctor in Law),
Advanced State Examination, 18 January 2012, Advanced Thesis: Constitutional
Court of the Czechoslovak Republic 1920-1948
- Ministry of Justice, Praha, Czech Republic, Expert Judicial
Examination, 10 February 2006
- Central European University, Budapest, Hungary, Legal
Studies Department, Degree: LL.M. in Comparative Constitutional
Law with Merit; 22 June 2000, from August 1999 to June 2000, Long
Thesis: Access to National Security Information in the USA, UK,
and the Czech Republic
- Cornell University Law School, Ithaca, New York, United-States,
from January 2000 to April 2000, Visiting scholar, researcher
- Charles University in Prague, Praha, Czech Republic, Faculty
of Law, Degree: Magister (Master in Law); 21 May1999, from September
1994 to June 1999, Long Thesis: Jurisdiction of the Constitutional
Court of the Czech Republic compared to that of the Constitutional
Court of the Slovak Republic and of the former Constitutional Court
of the Czech and Slovak Federal Republic
Ill. Relevant professional
activities
a. Description of
judicial activities
- Supreme
Administrative Court (Nejvyssi spravni soud), Address:
Moravské nam. 6, Brno, Czech Republic, www.nssoud.cz
- President of the Disciplinary
Chamber for Judges (panel of six judges, October 2018
– October 2023). Description of duties and responsibilities: the
Disciplinary Chamber of the Supreme Administrative Court acts as
a disciplinary court for judges in the first and final instance.
lt may impose financial penalties or remove a judge from office
- President of the Electoral
Chamber (panel of seven judges, from August 2016). Description
of duties and responsibilities: the Electoral Chamber of the Supreme
Administrative Court acts as a unique electoral court: it decides
all electoral matters including parliamentary and presidential elections, cassation
complaints against the decisions of regional courts on issues of
local and regional referenda, and cases concerning the registration
and dissolution of political parties
- President of the 6th Chamber (from August 2016). Description
of duties and responsibilities: a three judges’ chamber is a basic
decision-unit of the Supreme Administrative Court; it has the general competence
to decide on cassation complaints against the decisions of regional
courts in matters of public administration (taxes, social security,
minor offences, asylum and residence permits etc.)
- Judge of the Electoral Chamber (October 2013 – July 2016).
Description of duties and responsibilities: see above
- Judge of the Competence Conflicts
Chamber (from January 2017). Description of duties and responsibilities:
this seven-judge chamber is called upon to decide positive as well
as negative conflicts of competence between administrative authorities
and/or territorial or professional self-governing bodies
- Judge of the Supreme Administrative Court (from March
2013)
- Ministry of Justice. Member of Examination Juries for
Expert Judicial Examinations (from May 2017)
a. Description of
non-judicial legal activities
- Judicial Academy, Kromërfz,
Czech Republic. Member of the Judicial Academy Council (Management Board):
August 2009 – February 2013.
- Constitutional Court of the Czech Republic. Address: Jostova
8, Brno, Czech Republic, www.usoud.cz, from January 2009 to February 2013. Position: Secretary
General (Court Registrar). Description of duties and responsibilities:
superintending the Judicial Department, Analytic Department including Library,
External Relations Department, Press Spokesperson, and the Cabinet
of the President of the Court, assisting the President of the Court
with the organisation and management of the Constitutional Court
and its staff in these departments and acting independently on his
behalf, preparing agenda of the full plenary sessions of the Court,
attending closed meetings of the plenary sessions, signing and sealing voting
protocols of the Court decisions adopted in plenary sessions, analysing
selected drafts of decisions proposed by other judges, supervising
court proceedings, drafting internal rules and orders and being
responsible for their execution, dealing with complaints, issuing
administrative decisions under the Freedom of Information Act, responding
to the complaints against the Czech Republic communicated by the
European Court of Human Rights.
- Constitutional Court of the Czech Republic, from November
2006 to December 2008. Position: Head of the Analytic Department.
Description of duties and responsibilities: Preparing case-memoranda, analysing
drafts of decisions submitted by judges and their law-clerks, conducting
legal research focussed on comparative constitutional law, preparing
papers, memoranda, analyses and opinions dealing with specific legal
questions, running the case-law database of the Constitutional Court (NALUS),
drafting official responses to the complaints against the Czech
Republic communicated by the European Court of Human Rights.
- Constitutional Court of the Czech Republic, from August
2003 to December 2008. Position: Law Clerk to the President of the
Constitutional Court. Description of duties and responsibilities:
Assisting the President with the organization and management of
the Constitutional Court, preparing the agenda of the full plenary
sessions of the Court, taking minutes (court reports) of deliberations
in camera, drafting Constitutional Court decisions, preparing case-memoranda,
analysing drafts of decisions proposed by other judges, conducting
legal research focussed on comparative constitutional law.
- Office of the Government (Cabinet) of the Czech Republic.
Address: Nabrez f Edvarda Benese 4, Praha, Czech Republic. From
July 2003 to August 2003. Position: Expert in legislative drafting.
Description of duties and responsibilities: Drafting a bill amending
the Ombudsman Act; according to the bill the ombudsman should undertake
systematic and preventive visits to ail places where people are
or may be deprived of their liberty by virtue of public power or
by virtue of their dependence on care with the aim of strengthening
their protection against maltreatment. These include primarily prisons,
detention facilities, juvenile reformatories, asylum facilities
and psychiatric clinics, children's homes, social facilities, etc.
- Office of the Public Defender of Rights (Ombudsperson).
Address: Üdolnf 39, Brno, www.ochrance.cz. From September 2001 to August 2003 Position: Lawyer,
defender's consultant. Description of duties and responsibilities:
Drafting ombudsperson's decisions, preparing case memoranda, analysing
legislative bills and presenting ombudsperson 's comments and objections
during governmental debates on bills, investigation of complaints,
visiting and interviewing complainants in prisons, juvenile reformatories,
etc., interrogation of civil servants and other governmental agents,
supervising ombudsperson's proceedings, dealing with complaints,
legal research, representing ombudsperson in different advisory
bodies, international organisations.
- City of Kyjov. Address: Masarykovo nam. 30, Kyjov, Czech
Republic. From January 2001 to April 2001. Position: assistant to
the municipal lawyer.
c. Description of
non-legal professional activities
None
IV. Activities and
experience in the field of human rights
- Management Board of
the European Union Agency for Fundamental Rights (FRA), Wien, Austria. Alternate
Member: July 2010 – July 2015
- Governmental Council for Human Rights, Praha, Czech Republic.
Alternate Member: December 2002 – September 2010
- Governmental Committee for the Prevention of Torture,
Praha, Czech Republic. Member: 2002 – 2005
V. Public activities
a. Public office
None, apart from judicial and administrative positions mentioned
above
b. Elected posts
None
c. Posts held in a
political party or movement
None
VI. Other activities
Nothing relevant
VII. Publications
and other works
- Rychetsky Pavel, Langâsek,
Tomas, Herc, Tomas, Mlsna, Petr a kol. Üstava Ceské republiky. Üstavni zakon
o bezpeénosti Ceské republiky. Komentaf. [Constitution of the Czech
Republic. National Security Constitutional Act. Commentary], Praha:
Wolters Kluwer, a. s., 2015. Co-editor of the commentary and author
of these parts: Hlava ctvrta. Moc soudni. Cl. 81-95. Cl. 110-111
[Chapter Four, Judiciary, Constitutional Court, Art. 81-95, 110-111].
- Wagnerova Eliska, Dostal Martin, Langâsek Tomas, Pospisil
lvo: Zakon o Üstavnim soudu s komentafem [Constitutional
Court Act with Commentary], Praha, ASPI a. s., 2007:
co-editor of the commentary and author of these parts: Rizenf o
ustavnich stfinostech (Constitutional Complaints Procedure, incl.
Communal Complaints and Political / Parties' Petitions), Rfzenf
ve vecech referenda o pfistoupeni Ceské republiky k Evropské unii
(Proceedings on the Matter of the Referendum on the Czech Republic's
Accession to the EU), Karné provineni a karné fizeni (Disciplinary
Infractions and Disciplinary Proceedings).
- Wagnerova Eliska, Simicek Vojtech, Langasek Tomas, Pospisil
lvo a kol. Listina zak/adnich prav a svobod. Komentaf. [Charter
of Fundamental Rights and Freedoms. Commentary], Praha:
Wolters Kluwer CR, a. s., 2012: co-editor of the commentary and
author of these parts: Art. 7 – lnvio/ability of Persan and Prohibition
of Torture, Art. 8 – Persona/ Freedom, Art. 9 – Prohibition of Forced
Labour and Services).
- Langasek Tomas: Üstavni soud Ceskos/ovenské repub/iky
ajeho osudy v /etech 1920-1948 [Constitutiona/ Court of the Czechos/ovak
Republic and its fortunes in years 1920-1948] published by Ales
Cenèk, 2011.
- Langasek Tonias. Kapitola 6. Üstavni
soudnictvi [Constitutional Adjudication]. ln SCHELLE
Karel, BENA Jozef, TAUCHEN Jaromir a kol. Üstava a ustavni systém
mezivalecného Ceskoslovenska [Constitution and
Constitutional System of Czechoslovakia Between the Two Wor/d Wars]. Brno:
Key Publishing s.r.o., 2020, s. 188-207.
- Langasek Tomas. Üstavni soud
CSR a zmocnovaci zakony [Constitutional Court and the De/egation
of the Legis/ative Power]. ln Tauchen Jaromir, Schelle
Karel (eds.). Odraz nèmeckého narodnfho socialismu ve tricatych
letech v Ceskoslovensku a statech strednf Evropy. Sbornfk z kolokvia poradaného
Katedrou dèjin statu a prava Pravnické fakulty Masarykovy univerzity,
The European Society for History of Law a Moravskym zemskym archivem
v Brnè. Brno: The European Society for History of Law, 2013, s.
151- 163.
- Langasek Tomas. Ochrana pfed
mucenim a spatnym zachazenim [Protection from Torture and 111-Treatment]. ln
Kokes Marian, Pospisil lvo (eds.). ln dubio pro libertate. Üvahy
nad ustavnfmi hodnotami a pravem. Pocta Elisce Wagnerové u prflezitosti
zivotnfho jubilea. 2009. Brno: Masarykova univerzita, 2009, str.
121- 133.
- Langasek Tomas. Ochrana legitimniho oéekavani v judikatufe
Üstavniho soudu [Protection of Legitimate Expectation in Case-Law
of the Constitutional Court]. ln: Sbornik z konference Dny prava
2008; Langasek Tomas. Ochrana legitimniho ocekavanf v judikature
Üstavnfho soudu [Protection of Legitimate Expectation in Case-Law
of the Constitutional Court]. ln: Sbornfk z konference Dny prava 2008.
VIII. Languages
|
Language
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Reading
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Writing
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Speaking
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very qood
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good
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fair
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very qood
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good
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fair
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very qood
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good
|
fair
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a. First language:
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Czech
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X
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X
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X
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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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X
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X
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X
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c. Other languages:
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German
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X
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X
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X
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IX. ln the event that
you do not meet the level of language proficiency required for the
post of judge in an official language, 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 confirm my intention to follow intensive language classes
of French prior to the term of duty if elected a judge on the Court.
Actually, 1 have already started at the Alliance française in Brno
(DELF B2 tout public exam taken on 16 September 2020, results not
known yet) and will continue.
X. Other relevant
information
Married since 2005, five children (born in 2008, 2010, 2012,
2015 and 2018).
XI. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court
I do confirm that I together with my family will take up permanent
residence in Strasbourg if elected a judge on the Court.
Appendix 2 – Kateřina
ŠIMÁČKOVÁ
CURRICULUM VITAENote
I. Personal information
Name, surname: Šimáčková, Kateřina
Sex: female
Date and place of birth: 23 October 1966, Brno, Czech Republic
Nationality: Czech
II. Education and
other qualifications
- 1988 – Masaryk University
in Brno, Faculty of Law, Master of Laws graduated summa cum laude
- 2007 – Masaryk University in Brno, Faculty of Law, PhD
in Law dissertation: Taxation and the Rule of Law
III. Relevant professional
experience
a. Description of
experience in the judicial profession
- Since
2013 – Judge at the Constitutional Court of the Czech Republic
- Since 2016 – Ad hoc Judge
at the European Court of Human Rights
- 2009–2013 – Judge at the Supreme Administrative Court
of the Czech Republic
- 1992 – Law clerk at the Constitutional Court of the Federal
Republic of Czechoslovakia, member of the team of Judge Antonín
Procházka
b. Description of
non-judicial experience in legal professions
- Since
2010 – Substitute member of the European Commission for Democracy
Through Law (Venice Commission)
- Since 2010 – Member of examination
committee for the purpose of judicial qualification exams in the
area of constitutional law, organisation of justice and organisation
of public prosecution
- Since 2001 – Assistant professor
at the Department of Constitutional Law and Political Science at
the Masaryk University in Brno, Faculty of Law
- Since 2020 – Certificated
trainer of the Council of Europe Programme on Human Rights Education
for Legal Professionals (HELP)
- 2007–2009 – Member of the Government Legislative Council
of the Czech Republic
- 1994–2009 – Practising lawyer and litigator
- 1990–1993 – Lecturer at the Department of Constitutional
Law and Political Science at the Masaryk University in Brno, Faculty
of Law
c. Description of
non-legal professional experience
- Since 2016
– Member of the Scientific Board of the Charles University Faculty
of Law
- 2009–2013 – Member of the Committee on the selection of
judges of the Civil Service Tribunal of the Court of Justice of
the European Union
IV. Activities and
experience in the area of human rights
In my capacity as a law clerk to
Mr Antonín Procházka, judge of
the Constitutional Court of the Federal Republic of Czechoslovakia,
I participated after 1989 in the development of this institution
which played a crucial role in establishing the rule of law and
the protection of human rights.
In my career as a practicing lawyer and litigator (1993–2009)
I specialized in human rights issues, I represented clients before
the Czech courts in all areas of law, several times before the Constitutional
Court of the Czech Republic and also before the European Court of
Human Rights.
The Supreme Administrative Court where
I worked as a judge protects in its case law, among other things, subjective
public rights of individuals against the State.
In my work as a judge at the Czech
Constitutional Court, my most important role is to examine
constitutional complaints filed by individuals who claim an infringement
of their fundamental rights and freedoms guaranteed by the Charter
of Fundamental Rights and Freedoms and by the European Convention
for the Protection of Human Rights. I have the reputation of a judge
who very often applies the case law of the European Court of Human
Rights.
My teaching activity at
the Faculty of Law of Masaryk University in Brno is also oriented
towards the field of human rights protection. Among the courses
I teach, I put special emphasis on courses and legal clinics devoted
to human rights, notably to constitutional law, legal protection
of human rights, as well as a moot court in the field of human rights.
I also teach courses in these areas at the Judicial Academy, an
independent institution whose mission is to organise continuing
education of judges.
My activities abroad –
notably my work in the European Commission for Democracy through
Law (Venice Commission) – are motivated mostly by my effort to protect
human rights. I have given lectures on human rights in Belarus (as
part of my activities at the Venice Commission), in Libya (as part
of the activities of the Czech non-governmental non-profit organization
People in Need), in China on the issue of violence against women (under
the auspices of the Embassy of the Czech Republic) or on the occasion
of the ISPCAN international congress in 2018 on children's rights.
My focus on human rights protection is also apparent from
the articles, studies and books that I have published so far.
V. Public activities
a. Posts in the public
service
1988–1989 – lawyer in the Regional hygienical station, Brno,
Czech Republic
b. Elected positions
/
c. Positions held
for a political party or a political movement
I have never been a member of any political party or political
movement and I have never held any directly elected office.
VI. Other activities
- Since 2010 – President
of the local section of the Society for Canonical Law
- Since 2008 – Member of the Czech Society for European
and Comparative Law
- Since 2013 – President of Alliance française, Brno
VII. Selected works
and publications
a. Co-editor and co-author
of the book
- Mužské právo. Jsou právní
pravidla neutrální? [‘Masculine Law’: Are Legal Rules neutral?] Wolters Kluwer,
2020, 1076 p., with Havelková, B., Špondrová, P.
b. Co-author of books
- «La convergence concernant
le statut des juges: Chemin vers l’indépendance.» In: Évolution
des rapports entre les ordres juridiques de l’Union européenne,
international et nationaux. Liber amicorum Jiří Malenovský. Larcier,
2020, with MARKOVÁ, I., p. 501-522.
- ‘Nikdo není svobodný, pokud nejsou svobodní všichni.’»
[No one is free unless everyone is free.] In Přibáň, J., Lidská práva: (ne) smysl české politiky? [Human
Rights: a (Non)Sense of Czech Politics?] Slon, 2015, p. 187-198.
- ‘Tři osobní zamyšlení nad výročím Úmluvy.’» [Three Personal
Reflections on the Anniversary of the Convention.] In Bobek, M.,
Kmec, J., Kosař, D., Kratochvíl, J., Dvacet
let Evropské úmluvy v České republice a na Slovensku.
[Twentieth Anniversary of the European
Convention in the Czech Republic and in Slovakia.] C.
H. Beck, 2013. p. 159-170.
- ‘Commentary on Articles 11, 32, 34.’ In: Listina základních
práv a svobod. Komentář. [Commentary on the Charter of Fundamental
Rights and Liberties of the Czech Republic.] Wolters Kluwer, 2012,
pp. 300-329, 659-676, 690-706.
c. Author of articles:
- ‘The Rights of the Elderly
in the Case-Law of the Constitutional Court of the Czech Republic
from the Perspective of Old-Age Pensions.’ In: Czech Yearbook of Public & Private International
Law, 2019, p. 248-265.
- ‘K pojmu zranitelnost v českém právním prostředí, zejména
v judikatuře Ústavního soudu.’ [Some Observations on the Notion
of Vulnerability in the Czech Legal Environment.] In: Jurisprudence No. 5/2019, Wolters
Kluwer, 2019, p. 18-25.
- ‘Praktická úvaha nad tématem vztahu morálky a práva a
potřebou profesní etiky.’ [A Practical Reflection about the Relationship
between Ethics and Law and about the Importance of Professional
Ethics.] In: Sobek, T., Právní etika.
[Legal Ethics.] Leges, 2019,
p. 7-10.
- ‘Doktrína zesílených důvodů u dlouhodobé vazby v judikatuře
Ústavního soudu a Evropského soudu pro lidská práva.’ [Doctrine
of Reinforced Grounds for Long-Term Detention in the Case Law of
the Constitutional Court and the European Court of Human Rights.]
In: Yearbook of the Union of Prosecutors of the Czech Republic.
Union, 2016. p. 48 – 55.
- ‘Volební právo osob s duševním nebo mentálním postižením.’
[The Right to Vote of Persons with Intellectual or Mental Disabilities.]
In: Šimíček, V., Volby – svátek demokracie,
nebo pletich? [Elections: A Celebration of Democracy
or an Intrigue?] Masaryk University, 2012, p. 66-80.
VIII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
|
a. First
language:
|
|
|
|
|
|
|
|
|
|
|
– Czech
|
X
|
|
|
X
|
|
|
X
|
|
|
|
b. Official
languages:
|
|
|
|
|
|
|
|
|
|
|
– English
|
X
|
|
|
|
X
|
|
|
X
|
|
|
– French
|
X
|
|
|
X
|
|
|
X
|
|
|
|
c. Other
languages:
|
|
|
|
|
|
|
|
|
|
|
– German
|
|
X
|
|
|
|
X
|
|
|
X
|
|
– Russian
|
|
|
X
|
|
|
|
|
|
|
IX. In the event
that your level of linguistic competence required to exercise the
function of a judge in an official language is not sufficient, please
confirm your intention, if you are elected a judge at the Court,
to take intensive language courses in the language concerned before
taking up your duties and, if necessary, at the start of your mandate
Yes, I am absolutely ready to continue my language training.
X. Other relevant
information
/
XI. Please confirm
that you will settle permanently in Strasbourg in the event that
you are elected a judge at the Court
Of course, I am fully available to do so.
Appendix 3 – Pavel
SIMON
CURRICULUM VITAE
I. Personal information
Name, surname: Simon, Pavel
Sex: male
Date and place of birth: 16 July 1975 in Plzeň, Czechoslovakia
Nationality: Czech
II. Education and
academic and other qualifications
- 1997 – Diploma in Law
and Politics, University of Wales, Cardiff, the United Kingdom
- 1998 – Master’s degree at Law Faculty of West Bohemian
University in Plzeň, Czech Republic
- 2008 – Doctorate thesis on Selected Issues of Brussels
I Regulation (JUDr.), Law Faculty of West Bohemian University in
Plzeň, Czech Republic
III. Relevant professional
activities
a. Description of
judicial activities
- 2001–2002 – President
of Chamber, Regional Court in Plzeň, Commercial Law Department
- 2003–June 2010 – President of Chamber, District Court
in Cheb, Civil Law Department
- 2008 – Judge, Regional Court in Plzeň, Appellate Division,
Civil Law Department
- Since 2010 – Judge, Supreme Court, Civil Law Department,
specialised in area of State liability and European private international
law
- Since 2013 – President of Chamber, Supreme Court
- Since 2019 – Member of the Grand Chamber, Civil and Commercial
Law Department, Supreme Court
- Since 2013 – Judge, Tribunal of Conflict (president of
the Tribunal in 2013/2014, 2016/2017, since 2019)
- Since 2011 – repeatedly appointed by the Czech Government
to be ad hoc judge candidate to the European Court of Human Rights
b. Description of
non-judicial legal activities
- 2008–2009 – Member of
the Advisory Board to the Ministry of Justice in course of preparations
to the Czech Presidency of the EU
- 2009 – Chairman of EU Council working group on Brussels
I Regulation Report
- Since 2005 – Member of the European Judicial Network for
Co-operation in Civil and Commercial Matters
- Since 2005 – Lecturer of the Czech Judicial Academy for
the area of European private international law
- Since 2008 – Lecturer of the Slovak Judicial Academy for
the area of European private international law
- Since 2012 – Lecturer at the Academy of the EU Law in
Trier, Germany
- Since 2013 – Member of Editorial Board for Selected Judgements
of the ECHR Collection published by the Supreme Court
IV. Activities and
experience in the field of human rights
Application of the Convention and ECHR case-law on daily basis
in State liability disputes
V. Public activities
a. Public office
/
b. Elected posts
/
c. Posts held in
a political party or movement
/
VI. Other activities
a. Field
/
b. Duration
/
c. Functions
/
VII. Publications
and other works
- Author of a leading
Czech commentary on selected Regulations in the area of European
Private International Law (Simon, P.: Evropské mezinárodní právo
procesní in Drápal, L., Bureš. J. a kol.: Občanský soudní řád. Komentář,
C. H. Beck, 2009).
- Co-author of a Commentary on State Liability Act (Ištvánek,
F., Simon, P., Korbel, F. Zákon o odpovědnosti
za škodu způsobenou při výkonu veřejné moci rozhodnutím nebo nesprávným
úředním postupem. Komentář. Praha: Wolters Kluwer ČR,
a. s., 2017, 376 p.)
- Author of a comprehensive guide to the State Liability
in the Czech Republic (Simon, P. Odpovědnost za škodu při výkonu
veřejné moci. 1. vydání. Praha: C. H. Beck, 2019, 414 p.)
VIII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
|
First language:
|
|
|
|
|
|
|
|
|
|
|
Czech
|
X
|
|
|
X
|
|
|
X
|
|
|
|
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, 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 settle permanently in Strasbourg in the event that
you are elected a judge at the Court
I will
