I have the honor of transmitting a letter from the Prime Minister’s Office to you in your capacity as Secretary General of the Parliamentary Assembly containing a list of three candidates for the election of a judge to the European Court of Human Rights in respect of Iceland to be held during the Parliamentary Assembly’s June part-session.
The Ministry of Justice received a letter from Iceland's Permanent Representative to the Council of Europe of 11 May 2021 requesting, with reference to a communication from the Parliamentary Assembly of the Council of Europe of 6 May 2021, that Iceland commence preparation to nominate Iceland’s judge at the European Court of Human Rights, as the term of appointment of the current judge will expire on 31 October 2022. A request was submitted for Iceland to nominate three qualified candidates for prospective judges at the European Court of Human Rights and for Iceland's nominations, together with a description of the procedure by which the candidates were selected, to be sent to the Parliamentary Assembly no later than 5 May 2022.
Parliamentary elections were held in Iceland on 25 September 2021. Under the new Presidential Decree of 28 November 2021, on the allocation of responsibilities among the ministries of Government Offices in Iceland, responsibility for human rights, including matters connected to the European Court of Human Rights, was transferred from the Ministry of Justice to the Prime Minister's Office. The Prime Minister's Office received the above communications for appropriate response with a letter from the Ministry of Justice of 1 December 2021, with reference to the Presidential Decree.
With reference to the above, the names of the three persons nominated by Iceland as candidates for the position of judge at the European Court of Human Rights are listed below, and their respective curriculum vitae are attached. In accordance with the requirement of prior consultation, the list of candidates was first submitted to the Advisory Panel of Experts on Candidates for Election as judge to the European Court of Human Rights and the Advisory Panel will make this opinion known to the Secretary General of the Parliamentary Assembly of the Council of Europe.
The candidates, in alphabetical order, are:
The process of their selection was as follows:
On 21 December 2021 a notice was placed on the website of Prime Minister's Office, inviting persons who wished to be nominated by Iceland as candidates for the position of judge at the European Court of Human Rights to submit an application to the Ministry of the Interior no later than 14 January 2022. The notice included information on the qualifications required to serve as a judge at the European Court of Human Rights, the necessary linguistic competence and terms of employment. Furthermore, it stated that an evaluation committee would be appointed to assess candidates on the basis of the Guidelines of the Committee of Ministers of the Council of Europe on the selection of candidates for the post of judge at the European Court of Human Rights (CM(2012)40) adopted on 28 March 2012.
An additional notice was published on the public website of the Government of Iceland, the Legal Gazette and in Fréttablaðiðand Morgunblaðið. A separate notice was also sent to all law schools in Iceland, to all courts of law through the Judicial Administration and to the Icelandic Bar Association. The Ministry also issued a general press release. The notices of the open position were discussed in mainstream and Internet news media. Three applications were received from the three respective candidates who have now been put forward by Iceland.
A five-person committee to assess the eligibility was appointed on 21 January 2022, comprised of three women and two men, to evaluate the qualifications and eligibility of the candidates. Nominations to the committee had been requested on 6 January 2022 from the Supreme Court of Iceland, the Icelandic Bar Association, the Judicial Administration and the Ministry of Foreign Affairs. The Prime Minister appointed the committee's chair ex officio. The evaluation committee is comprised of: Ragnhildur Helgadóttir, professor and President of Reykjavík University, chair of the committee; Dr Guðmundur Alfreðsson, professor; Ms Anna Jóhannsdóttir, lawyer and ambassador; Mr Arnar Þór Stefánsson, attorney; and Ms Björg Thorarensen, Justice of the Supreme Court.
The evaluation committee met five times. At its first meeting on 24 January 2022, the committee discussed the eligibility of its members with regard to possible grounds for disqualification. The conclusion was that no connections existed which could give cause for disqualification. On 25 January all applicants were informed of the composition of the evaluation committee and invited for an interview on January 28. The committee assessed whether the applicants met the eligibility requirements for nomination as candidates for the position of judge at the European Court of Human Rights, as prescribed in Article 21 of the European Convention on Human Rights (ECHR), and qualifications for the office laid down in the Guidelines of the Council of Europe CM (2012) 40 of 29 March 2012. The committee then held interviews with all the applicants on 28 January.
The questions presented to all the applicants in the interviews were aimed at determining how applicants fulfilled the requirements of Article 21 of the ECHR, having regard to the aforementioned guidelines. Their proficiency in the official languages of the Court was specifically examined. The committee asked each applicant to sign a declaration, with reference to Article 21 of the European Convention on Human Rights, stating that they had not said, done or written anything which might harm the reputation of the Court, that they would not engage in any activity which was incompatible with the independence of judges at the European Court of Human Rights, their impartiality or the requirements made with regard to a full-time position as a judge at the Court and that they would not foreseeably be generally disqualified from hearing cases brought before the Court. All the applicants signed this declaration.
Applicants were sent by e-mail a draft of the committee's opinion dated 1 February, where they were given the opportunity to express their comments. Comments and suggestions were received from two of the applicants and the committee reviewed them at its meeting on 2 March. Changes were made to the committee's opinion as deemed necessary.
The committee's conclusion was that all three applicants were qualified for nomination by Iceland for the position of judge at the European Court of Human Rights.
The list was thereafter transmitted to the Advisory Panel for its opinion.
Any requests for further information or clarification should be directed to Steinunn Valdís Óskarsdóttir, Director General, Prime Minister's Office at the e-mail address: [email protected]
On behalf of the Minister
A position as judge at the European Court of Human Rights will be vacant as of 31 October 2022.
The European Court of Human Rights in Strasbourg deals with cases referred to it by individuals and parties for alleged violations of the provisions of the European Convention on Human Rights or its protocols. The Convention has been given legal force in Iceland pursuant to Article 1 of Act No. 62/1994. The Court is composed of one judge from each State party to the Convention (cf. Article 20 of the Convention).
Under Article 22 of the ECHR the judges are elected by the Parliamentary Assembly of the Council of Europe by a majority of votes cast from lists of three candidates proposed by each State. According to Article 23, the judge is elected for a term of nine years and may not be re-elected. According to the second paragraph of Article 21, applicants must be younger than 65 years of age on the day on which the Assembly requests a list of three persons, cf. Article 22. The eligibility requirements for judges are discussed in Article 21 (cf. Section 2 below).
On 28 March 2012, the Committee of Ministers of the Council of Europe has adopted Guidelines on the selection of candidates for the post of judge at the European Court of Human Rights (document CM(2012)40). As provided for in Section III of these Guidelines, the Prime Minister's Office published on 21 December 2021 an advertisement inviting persons interested in being nominated by Iceland to the above list as a candidate for the post of judge at the European Court of Human Rights to send their application to the Prime Minister's Office no later than 14 January 2022. The advertisement also stated that a committee would be appointed to evaluate the applications of persons interested in being nominated as candidates. The committee would submit an opinion on the applicants and a reasoned proposal on which of them met the eligibility criteria to be nominated. The government’s nominations would be based on this proposal.
Three persons applied to be nominated as candidates for the post of judge on behalf of Iceland: Jónas Þór Guðmundsson, Oddný Mjöll Arnardóttir and Stefán Geir Þórisson.
The committee that was to evaluate applications consisted of Ragnhildur Helgadóttir, professor and chair, without nomination; Anna Jóhannsdóttir, lawyer and ambassador; nominated by the Ministry for Foreign Affairs; Arnar Þór Stefánsson, attorney, nominated by the Icelandic Bar Association; Björg Thorarensen, Supreme Court judge, nominated by the Supreme Court of Iceland; and Dr. Guðmundur Alfreðsson, professor, nominated by the National Courts Administration. The committee's Terms of Reference were signed on 21 January 2022.
The committee's Terms of Reference requested that a draft of the committee's reasoned conclusion be submitted to the Prime Minister's Office no later than 3 February 2022; thereafter the conclusion would be presented to a special advisory committee operated by the Council of Europe to assess whether the candidates nominated met the general eligibility criteria in Article 21 of the European Convention on Human Rights. The committee will not conclude its work until the advisory committee has ascertained this.
Its Terms of Reference request the committee to assess whether the applicants meet the eligibility criteria in Article 21 of the European Convention on Human Rights to be nominated as candidates for the post of judge and assess their eligibility to take up such office with reference to the aforementioned Council of Europe Guidelines CM (2012) 40 of 29 March 2012. The Terms of Reference also stated that the candidates proposed by the committee for nomination as judges should not be ranked or subjected to further comparisons of their qualifications. Due to this, and the fact that there were as many applicants as were to be nominated, obviating any need to select from the group on the basis of a qualification assessment, the committee only assesses whether the applicants meet the general eligibility criteria.
The general eligibility criteria for judges at the European Court of Human Rights are specified in Article 21 of the Convention as follows:
The Committee of Ministers of the Council of Europe has elaborated these criteria in more detail in the aforementioned guidelines (CM (2012) 40), which were also accompanied by an Explanatory Memorandum, dated that same day, which the committee has used for reference.
Section II of the Guidelines deals with the criteria for the establishment of lists of candidates. The provisions in Points 1 and 2 are identical to the first paragraph of Article 21 of the European Convention on Human Rights. Point 1 of [this Section of] the Guidelines reiterates that candidates for the post of judge should be of high moral character. According to the explanations of this provision, the committee considers that the conduct of the candidates in word and in deed shall indisputably accord with the trust and respect that needs to be felt towards the Court.
Point 2 reiterates that candidates must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.
The committee considers that, in assessing whether applicants meet the requirements on eligibility for high judicial office, applicants should be assessed as appropriate in the manner set out in Article 13 of Act No. 50/2016, on the Judiciary, which provides for the assessment of candidates for the position of Supreme Court judge.
According to the concluding words of the first paragraph of Article 12 of the Act on the Judiciary, No. 50/2016, the Minister sets detailed rules on the work of the evaluation committee. These Rules are no. 970/2020, and Article 4 of the Rules deals with those perspectives on which the committee is to base its assessment. The Article reads as follows:
“Article 4
Perspectives on which the evaluation committee's assessment shall be based
The evaluation committee's opinion shall decide which applicant or applicants are the most qualified for appointment to the judicial office in question. The evaluation committee shall take care to be consistent in its assessment to ensure non-discrimination. Its conclusion is to be based on an overall assessment, using objective considerations, of the merit of applicants having regard to their education and experience, integrity, competence and efficiency in the work, as described in detail in part here below:
1. Education, career and scholarly expertise. In assessing education, career and scholarly expertise the evaluation committee shall bear in mind that it is desirable for an applicant to have diverse work experience in the legal field, such as experience of judicial work, litigation or other work as attorneys, work in public administration or scholarship. The basic assumption shall be that an applicant must possess general and broad legal expertise and education. Another consideration is whether the applicant has pursued postgraduate studies.
2. Additional employment and involvement in associations and organisations. The Evaluation Committee should also consider an applicant's additional work, such as work on complaint committees or other related functions that are useful for prospective judges. Finally, extensive participation in associations or organisations may be considered.
3. General competence. In assessing general competence, consideration should be given to whether applicants have shown independence, impartiality, initiative and efficiency in their work and whether they easily distinguish key points from issues of secondary importance. It is desirable that they have management experience. Applicants must have a good command of Icelandic and be able to express themselves readily both orally and in writing.
4. Specific competencies. It is important for applicants to have a good command of civil and criminal procedure and be able to comply with statutory provisions on the drafting of judgments and write them in proper language. Applicants must be able to preside over court sessions with authority and fairness and deal with the cases entrusted to them both promptly and confidently.
5. Mental capacity. Applicants must be able to get along well with others, both colleagues and others with whom they interact. Applicants are required to have a good reputation, both in their previous positions and outside of work, and their personal discipline should be in no way deficient.”
Point 3 of [Section II of] the above mentioned Guidelines CM (2021) 40 requires candidates, as an absolute minimum, to be proficient in one official language of the Council of Europe, either English or French, and to have at least a passive knowledge of the other. In the committee’s estimation, this condition requires a good command of either English or French, not least legal language, and that candidates for the post of judge must be able to speak and write that language and conduct a legal debate in it. With regard to the other language, the committee expects that a candidate must be able to read and understand it and that his/her knowledge must be otherwise sufficient to be able to take an active part in the work of the Court.
Point 4 states that candidates need to have knowledge of the national legal system and of public international law. Practical legal experience is also considered desirable. The explanatory notes to this criterion state that even if the criterion does not go farther than Article 21 of the Convention on Human Rights, extensive knowledge in these fields is an indirect criterion for nomination as candidates for the post of judge and a choice between those who are otherwise equally qualified could be based upon it. To the extent that the assessment of these items does not coincide with an assessment based on Article 13 of Act No. 50/2016, the committee allows it to suffice to state how it considers the candidates to meet these conditions, as no comparison is expected between those whom the committee otherwise considers qualified to be nominated as candidates for the post of judge.
In connection with Point 5, it should be noted that the rule that the term of office of judges expires when they reach the age of 70 has been deleted from the Convention. This was done with Protocol 15 to the European Convention on Human Rights, which was enacted in this country by Act No. 118/2015. Candidates for the position of judge at the European Court of Human Rights shall now be younger than 65 years of age on the day on which the Council of Europe's Parliamentary Assembly requests a list of candidates (cf. the second paragraph of Article 21). The aim of these changes was to enable qualified judges to work their entire term of office, i.e. for nine years, thus promoting stability within the Court.
Point 6 requires that a candidate for the post of judge should not engage in any activity incompatible with the independence or impartiality of the Court or with the demands of a full-time office.
Point 7 stresses that a candidate should not be nominated if this would foreseeably result in frequent or long-lasting recusals and the need to appoint an ad hoc judge.
Finally, Point 8 states that the list should generally include candidates of both genders.
In the committee’s estimation, in addition to an assessment based on the above points, it may consider whether the applicant has in any other way earned a reputation for recognised legal competence, cf. Point 2 of [this Section of] the Guidelines. In this regard, it should also be borne in mind that the European Convention on Human Rights imposes certain obligations of trust and loyalty on the governments which are party to it. Consequently, the States parties should only nominate a person for the position of judge at the European Court of Human Rights who is qualified to work in an international environment, is capable of taking an active part in the handling of cases and influencing their resolution, and is in other respects deserving to enjoy, based on his/her work and conduct, the undisputed trust and respect which must be accorded to the Court.
In its advertisement of 21 December the Prime Minister's Office sought applications from persons interested in being nominated by Iceland as candidates for the post of judge at the European Court of Human Rights. The application deadline expired on 14 January by which time three applications had been received from the applicants previously mentioned, i.e. Jónas Þór Guðmundsson, Supreme Court attorney, Oddný Mjöll Arnardóttir, judge of the Court of Appeal, and Stefán Geir Þórisson, Supreme Court attorney. They submitted information about their careers on the forms prepared by the Council of Europe for candidates.
At its first meeting on 24 January 2022, the committee discussed the eligibility of its members with regard to possible grounds for disqualification. The conclusion was that no reasons existed which could give cause for disqualification. It was decided to use teleconferencing equipment for the interviews. On 25 January applicants were notified of who had been appointed to the committee.
Interviews with the applicants were held on 28 January. For the most part, the same questions were asked of all applicants, aimed at disclosing how applicants fulfilled the criteria of Article 21 of the Convention on Human Rights in the light of the aforementioned guidelines. The applicant, Jónas Þór Guðmundsson, was also asked such questions as are usually considered when a candidate applies for as position as judge in Iceland, as the committee had to assess whether he fulfilled the conditions for eligibility to serve as a judge at a higher court. In this regard a questionnaire used by the committee assessing the qualifications of candidates for the position of judge under Article 11 of the Act on the Judiciary was used as a basis.
The committee held five meetings, in addition to interviews, to prepare its opinion, which is based on the applications submitted, accompanying documentation and interviews with the applicants.
In accordance with previous practice, the committee requested that all applicants sign a declaration with reference to Article 21 of the Act on the European Convention on Human Rights, No. 62/1994, to the effect that the person in question had not said, done or written anything that could damage the reputation of the Court; that the person in question would not take part in any activity which is incompatible with the independence of a judge of the European Court of Human Rights, his/her impartiality or the demands of a full-time office; and that the person in question would not in general be foreseeably ineligible to sit on cases handled by the Court. Each applicant also declared that they were mentally and physically fit to hold the position, were legally competent and had never been deprived of the right to manage their own estate, nor had they been convicted of a criminal action considered disgraceful in the public opinion, or conducted themselves in a manner which would undermine the trust which judges generally must enjoy, cf. provisions of Article 13 of the Act on the Judiciary. All applicants signed a statement to this effect.
Applicants were sent by e-mail a draft of the committee's opinion dated 1 February, where they were given the opportunity to express their comments. Comments and suggestions were received from two of the applicants, which the committee reviewed at its meeting on 2 March. Changes were made to the committee's opinion as appeared warranted.
The education and experience of the applicants will be described below, followed by the committee's assessment and conclusions in the next section.
Jónas Þór Guðmundsson was born on 11 May 1968 and is therefore 53 years old. He graduated from the Faculty of Law of the University of Iceland in 1995. In the same year he took part in the Nordic legal competition Tävlingen om det Sporrong Lönnrothska priset, in Copenhagen. In 1997, he was admitted to the bar as District Court attorney. In 2009, he became a Supreme Court attorney. In 2015, he received certification as real estate, corporate and vessel sales agent.
In 1995, he was an associate in the law office of Ævar Guðmundsson, District Court attorney, in Reykjavik. From 1999 to mid-2007 he operated his own legal office in Hafnarfjörður, in collaboration with others, and since has worked independently as an attorney. In 2011, he was elected by the Icelandic Parliament Althingi as a judge for the Court of Impeachment after having been an alternate judge since 2009.
From 2010 to 2015, Jónas Þór was on the board of the Icelandic Bar Association, its secretary from 2010 to 2011, vice-chair from 2011 to 2012 and chair from 2012 to 2015. He was an alternate director from 2009 to 2010. The tasks of the board and chairman of the board of the Icelandic Bar Association include work for the interests of attorneys in Iceland and to ensure the legal status of attorneys and their clients. This includes, for instance, advocating for reform of procedural rules and the judiciary system, ensuring individuals receive a fair legal process and defending rules on human rights.
From 2012 to 2015, Jónas Þór was the main representative of the Icelandic Bar Association vis-à-vis the International Bar Association (IBA). From 2012 to 2018, he chaired the delegation of the Icelandic Bar Association to the Council of Bars and Law Societies of Europe (CCBE). Among other things, the CCBE and IBA endeavour to strengthen the legal position of attorneys and their clients through opinions and proposals for reform of laws and regulations, and to combat corruption.
In his work as an attorney for over 20 years, he has dealt with most areas of law; however, his main areas have been claims law, company law, law of contracts and purchase and sale, mortgage law, property law and debt settlement and bankruptcy law. His work has included various cases testing legal rules on the protection of human rights.
From 1995 to 1997, Jónas Þór was director of instruction at the University of Iceland's law faculty. From 1995 to 2005 he was a sessional lecturer at the Faculty of Law where he taught claims law (1996 to 2005), legal construction (an elective) (1996 to 1997) and general jurisprudence (1995 to 1996, 1997 to 2000). In 2003, Jónas Þór was an external examiner (ad hoc) at the Faculty of Law in general jurisprudence and introduction to law. From 2005 to 2012, he was an adjunct at the Faculty of Law at Reykjavík University, where he taught law of purchase and sale. He taught courses for the certification of securities brokers at the University of Iceland Institute of Continuing Education under the auspices of the Examination Committee of the Ministry of Trade and Industry (1997 to 2002) and for the certification of real estate, vessel and business sales agents under the auspices of the Examination Committee of the Ministry of Justice (1995 to 2002).
From 1998 to 1999, Jónas Þór was appointed by the Minister of Justice as an alternate on the Lottery Council of the University of Iceland Lottery, from 1998 to 1999 he was a lawyer in the legal division of the Ministry of Justice and Ecclesiastical Affairs, and from 1996 to 2000 he was an alternate on the Examination Committee for certification of securities brokers, nominated by the Faculty of Law of the University of Iceland. From 1999 to 2000, he was appointed by the Minister of Commerce to a committee to work on formulating a legal framework for electronic signatures, in part having regard to European Union proposals. From 1998 to 1999, Jónas Þór was secretary of a committee working on a comprehensive revision of the law on elections to the Althingi. Work on such a comprehensive review includes efforts to propose rules that will ensure the democratic rights of voters are respected in the conduct of elections. He was also appointed by the Minister of Justice as secretary of the Criminal Justice Committee over the same period. The role of the Criminal Justice Committee is to advise the Ministry of Justice in the field of criminal law and to work on the revision of criminal law, including drafting bills and providing opinions on bills and other proposals concerning criminal law, as well as monitoring developments in the field of criminal law, including foreign criminal law.
In 1998, Jónas Þór was appointed by the Minister of Social Affairs to a working group to follow up on proposals in a committee opinion on the status and participation of foreigners in Icelandic society, published in June 1997, and the report of the Educational Research Institute on the integration of Icelanders of foreign origin and policy-making in their affairs, ed. 1997. Various rules concerning human rights were examined in the group's work. From 2006 to 2018, Jónas Þór was a member of the Wage Council, which operated under Act No. 47/2006 and later Act No. 130/2016, elected by the Althingi. He was vice-chair from 2006 to 2010 and chair from 2014 to 2018. In 2021, Jónas Þór was appointed by the Minister of Fisheries and Agriculture to chair the assessment committee provided for in the Act on Salmon and Trout Fishing.
Since 2014, Jónas Þór has been Chairman of the Board of Landsvirkjun, appointed by the Minister of Finance and Economic Affairs. From that same time he has been a member of the company’s Audit Committee and the chair of its Remuneration Committee and Risk Committee since 2016. Since 2012, he has been an alternate on the board of the Ísak Jónsson School. From 2007 to 2016, he was a member of the Electoral Commission for the Southwest Constituency, elected by the Althingi. In his work on the Electoral Commission, he took part in directing the preparation and conduct of elections in the Southwest Constituency, the largest constituency in Iceland, as provided for in the Elections Act. During his time as chair of the Electoral Commission elections were frequent. In addition to the usual parliamentary and presidential elections, referenda were held on the validity of the Icesave agreements and the proposals of the Constitutional Council and related issues. This work naturally required applying the respective electoral law.
Since 2020, Jónas Þór has been a director on the Board of the Iceland Chamber of Commerce. Since 2016, he has been a member of the parish council of Hafnarfjörður Church (an alternate 2014-2016). From 2010 to 2014 he was elected by the town council to the Hafnarfjörður Civil Protection Committee and from 1998 to 2002 as an alternate member of the Hafnarfjörður building committee. Jónas Þór has been active in the work of the Independence Party throughout the years and has served in various positions on its behalf, including serving on the central committee, etc. He was the chair of Landsvirkjun's jury in 2018, in collaboration with the Icelandic Design Centre, on designed works or works of art in the natural surroundings of Þeistareykir and a board member of the society Friends of the Faculty of Law, University of Iceland 1998-2001, of which he was secretary 2000-2001.
Jónas Þór has published 17 journal articles and one book chapter on legal issues, as well as six newspaper articles (either alone or jointly with others). He has also given 12 presentations at conferences on legal matters and delivered ten speeches at public meetings on subjects other than law, primarily on energy issues. Finally, as a lawyer, he has drafted opinions (not formally published) on legal matters for various parties. Most of the journal and newspaper articles he has written as an attorney or chair of the Icelandic Bar Association deal with procedural law and human rights issues.
Oddný Mjöll Arnardóttir was born on 16 January 1970 and is therefore 52 years old. She graduated with a law degree from the Faculty of Law at the University of Iceland (summa cum laude) in 1994 and completed a doctorate in law from the University of Edinburgh in 2002. Her doctoral dissertation was entitled “Equality and Non-Discrimination in the European Convention on Human Rights; Towards a Substantive Approach”.
Oddný Mjöll was admitted to the bar as District Court attorney in 1995. In 1993 she was a law student, lawyer and attorney (associate) at the legal office Málflutningsskrifstofa Borgartún 24 until 1995. In the summer of 2001, she was the director of Reykjavík Academy and in the summer of 2001 [sic] director of the Institute of Human Rights at the University of Iceland. She was an attorney (partner) at law firm Lögmannsstofan Skeifan from 2002 to 2004. From 2004 to 2006, she worked as an attorney (partner) at the law firm Acta lögmannsstofa.
From 1999 to 2000, Oddný Mjöll was an adjunct professor at Bifröst University and in 2005 a sessional lecturer at Reykjavík University. From 2006 to 2012, she was a professor in the field of human rights at Reykjavík University. She was director of doctoral studies at the Faculty of Law from 2010 to 2012. From 2012 to 2018, Oddný Mjöll was a professor in the field of human rights at the University of Iceland; however, during the autumn term of 2014 she was a visiting professor at the University of Copenhagen. In the spring of 2015 and in the autumn of 2017, she was on a research stay at the European University Institute. She also arranged international doctoral student courses at Reykjavík University and the University of Iceland in 2009 and 2015 and has been a guest lecturer in doctoral student courses at foreign universities and taught courses for other parties in Iceland and abroad. She has taught and supervised a good number of master's students in the fields of international, European and constitutional human rights protection and related fields, as well as organising a number of conferences. She has also been an opponent in the doctoral defences of four students at foreign universities and has been a member of many evaluation and selection committees assessing the qualifications of staff at domestic and foreign universities and applicants for doctoral studies.
Oddný Mjöll was appointed a judge to the Court of Appeal in June 2017. Since January 2018, she has also held the position of research professor at the University of Iceland. Since 2021, she has been a judge at the Court for Re-opened Cases. Oddný Mjöll has been an ad hoc judge at the European Court of Human Rights since May 2014 and has sat as judge in three cases (2017, 2019). She has also served as ad hoc judge at the Supreme Court of Iceland in six cases (2018).
Oddný Mjöll was a member of the Legal Committee of the Icelandic Bar Association from 2003 to 2005 and in 2004 she was appointed an ad hoc member of the Equal Rights Complaints Committee and took a seat in one case. From 2003 to 2006, she served as an expert in the field of human rights on the National Bioethics Committee.
In 2010 she taught a course for the Icelandic Bar Association on discrimination directives of the European Union and from 2000 to January 2018 she taught a course for lawyers taking bar exams for District Court attorney status. In 2010, she was also appointed by the Prime Minister to a working group on the administration's response to the report of the parliamentary Special Investigation Commission (SIC). The working group made proposals to the Prime Minister and the government on possible responses to issues raised in the SIC report that focused specifically on the administration and the working practices of Government Offices. In 2012, she was appointed to an expert group under the auspices of the Althingi's Constitutional and Supervisory Committee which was tasked with reviewing the Constitutional Council's proposals for a new constitution and converting these into a bill of legislation. She was responsible for Articles 5-36 of the bill (scope, human rights and nature), Article 112 (obligations under international agreements) and the Explanatory Notes to those provisions.
From 2005 to 2006, Oddný Mjöll was chair of the board of the Icelandic Women Lawyers’ Association. Oddný Mjöll was a member of the Electoral Commission for the Reykjavík South Constituency for six years from 2007 to 2013. In 2014, she sat on two three-member election committees to decide on the validity of municipal elections in Langanesbyggð and in Reykjavík. In 2011 Oddný Mjöll was a lecturer in the course “Current Reflections on EU Equality and Non-Discrimination Law”, held at the Academy of European Law, Trier. In November 2009, she organised and taught a course on European Union equality directives for the Icelandic Bar Association. From May 2015 until January 2018, she was the appointed chair of the opinion committee for applications for registration of religious organisations or organisations with non-religious convictions. Oddný Mjöll was a member of the working group of the School of Social Sciences at the University of Iceland on studies in English from November 2014 to January 2018, chair of the professional council of the School of Social Sciences at the University of Iceland from 2015 to 2017 and a member of the professional council (2014 to 2015), a member of the board of the University of Iceland Research Fund 2015 to 2017, a member of the professional council of the humanities and social sciences at the Icelandic Research Centre 2007 to 2009. She was also a member of the research council of Reykjavík University from 2007 to 2008. She was a member of the committee on the granting of leave to appeal before the Court of Appeal 2018 to 2019. She was also a member of a working group that reviewed the rules on oral evidence and playback of recordings before the Court of Appeal in criminal cases in 2020 and in 2021 she led a working group on the writing of the rules of the Court for Re-opened Cases.
In her work as a judge of the Court of Appeal, Oddný Mjöll deals with cases in all areas of law, many of which concern the protection of human rights. In this connection, it could be pointed out that in recent years cases have increasingly made reference to the European Convention on Human Rights and the judgments of the European Court of Human Rights in case law. Since being appointed a judge of the new Court for Re-opened Cases (in January 2021) Oddný Mjöll has also ruled on requests for re-opening, many of which are based on alleged violations of the right to a fair legal process. She was also the Deputy Chair of the Immigration Appeals Board for one year after its establishment (in January 2015), during which time she ruled on a number of cases concerning immigrants and asylum seekers.
Oddný Mjöll has been a professor of human rights and a research professor at Icelandic universities for 16 years. Her main subjects were international and European human rights protection, but in addition she has taught courses on research methods, labour law and more. Her research focuses on international, European and constitutional human rights protection; in recent years she has focused on research on the principle of subsidiarity and the relationship between European human rights protection, European law and national law. Her other main research areas are non-discrimination rules, health law and the rights of people with disabilities. She has also participated in and directed a number of international research projects and teams. Her research in the field of international and European human rights is well known, as well as being cited extensively, as can be seen, for example, from the 630 citations of her work on the database www.scholar.google.com.
Since 1998, she has taken an active part in public debate on human rights in Iceland and internationally. This is reflected, for example, in the fact that she has delivered 75 conference presentations and lectures, provided advice to the government and the Althingi, and participated in work on behalf of the United Nations and the Council of Europe. As an example of the above, in 2018 she delivered a speech entitled “European Supervision”, at the High-Level Expert Conference: Implementing the Copenhagen Declaration, which was held in Copenhagen by the Danish Government during its presidency of the Council of Europe. The conference comprised a follow-up on the reform work of the European Court of Human Rights and the Intergovernmental Conference in Copenhagen 2018. She was also a participant in the “Expert Group Meeting on the Role of the Judiciary in Advancing the Rights of Persons with Disabilities”, held in Geneva by the UN High Commissioner for Human Rights and the UN Special Envoy for the Rights of Persons with Disabilities in November 2018. She also gave a public lecture entitled “The Discrimination Grounds and Recent Developments under Article 14 ECHR: Innovation or Business as Usual?”, delivered in an annual lecture series in memory of Tove Stang Dahl at the University of Oslo in June 2017. She also advised the Ministry of the Interior on bills to amend the Foreign Nationals Act from April 2015 to January 2016, the Ministry of Social Affairs on bills intended to transpose the EU's Gender Equality Directives (2000/78/EC and 2000/43/EC) in May 2013), and was a member of the Foreign Ministry's Consultative Group on Iceland's human rights policy in February 2007. In addition, she has provided a number of opinions to parliamentary committees and advised on the opinions drafted by the Icelandic Human Rights Centre on bills.
Oddný Mjöll was chairman of the board of the Institute of Human Rights at the University of Iceland for four years (2013 to 2017). The Institute was established by the University of Iceland, the Icelandic Bar Association and the Icelandic Association of Judges and is directed by their representatives. The Institute’s role is to promote research and education in the field of human rights. Previously, she was also the chair or member of the board of the Icelandic Human Rights Centre for five years (2007 to 2012). The Centre is an independent institution promoting human rights in Iceland through research and education. The Centre also has a supervisory role comparable to national human rights organisations, although it has not been registered as such under the United Nations’ Paris rules. At the beginning of her career, Oddný Mjöll worked as an attorney for over six years. In this work, she dealt with various issues testing the protection of human rights and thus gained valuable experience in the process of such cases.
From 2004 to 2020, Oddný Mjöll was involved in various types of editorial work and peer reviews. As an example, she was a member of the editorial board of the Icelandic journal Mannréttindadómstóll Evrópu – dómareifanir (European Court of Human Rights – summaries of judgments) from 2005 to 2008. In 2012, she was also appointed to the evaluation committee for grant applications to the EU research program and has been a member of the steering group of four international research networks. Furthermore, she was a member of the peer review committee of the Icelandic legal journal Lögrétta from 2004 to 2006 and 2007 to 2008 and in addition has provided peer reviews for various domestic and foreign magazines and article collections.
Oddný Mjöll is the author of two scholarly publications: The Principle of Subsidiarity, Scope for Assessment and the Relationship between the European Court of Human Rights and the National Court (2018) and Equality and Non-Discrimination under the European Convention on Human Rights (2003). She has also edited four collections of articles. She is the author of 45 articles and book chapters and has two works in progress, including a book chapter in a festschrift in honour of Róbert Spanó, President of the European Court of Human Rights.
Stefán Geir Þórisson was born on 30 September 1962 and is therefore 59 years old. He graduated from the Faculty of Law of the University of Iceland in 1990. He was admitted to the bar as District Court attorney in 1992 and as Supreme Court attorney in 1998. After graduating, he worked for a year in the legal department of the State Housing Fund, and thereafter until the end of January 1993 as an associate in the law firm Lögmannsstofa Jóns Steinars Gunnlaugssonar. He worked in the legal department of the EFTA Surveillance Authority in Geneva and Brussels from 1993 to 1995, then returned to work as an attorney in the aforementioned law firm until 1998. Since then he has been a self-employed attorney at the law firms Lögmenn Klapparstígur (partner since 1998), Forum lögmenn (partner since 2004) and Tort lögmannsstofa (partner since 2007).
An attorney for most of his career, Stefán Geir has handled about 400 court cases before District Courts, about 160 cases before the Supreme Court and the Court of Appeal and 11 cases before the EFTA Court in Luxembourg.
Since 1 January 2017 Stefán Geir has been an arbitrator at the International Court of Arbitration for Sport, a position he still holds. In 2008, he was appointed one of three arbitrators to the International Chamber of Commerce (ICC) International Court of Arbitration. Since 2013, he has been a member of the Committee monitoring equal access on the Icelandic telecommunications market, in addition to which he was appointed in 1998 an ad hoc member in a case before the Competition Appeals Committee and was appointed ad hoc chair of an arbitration panel of the Chamber of Commerce in 1999. In 2005 he took replaced the CEO of the Competition Authority in assessing the impact on competition of the merger of holdings in Burðarás hf. with Landsbanki Íslands hf. and Straumur Investment Bank hf. He has served as legal counsel for the French Embassy in Iceland since 1996.
Stefán Geir was a part-time lecturer in European law and company law at the Faculty of Law at the University of Iceland from 1992 to 1997. Since 2004, he has been a sessional lecturer at the law department of Reykjavík University. He has also taught short courses. He was adjunct in civil litigation at the same school in 2005 and a sessional lecturer in European law since 2011. He has supervised the writing of four bachelor's/master's theses at the law faculties of the University of Iceland and Reykjavík University, all of them concerning EEA law.
Stefán Geir has written one peer-reviewed book chapter and one article on legal issues, as well as two short articles that appeared in the journal Lögmannablaðið. He has also given lectures in Iceland and abroad on legal matters, such as hypertaxes and quantitative restrictions under the EEA Agreement (2005) and on alcohol advertising and EEA law (2006). Among other positions held, he was a member of a committee appointed by the parliamentary Budget Committee in 2010 to evaluate a draft agreement concerning Landsbanki Íslands’ Icesave accounts. The committee delivered an opinion on the draft agreement in the spring of 2010. He also chaired a working group of the Minister for Foreign Affairs regarding Iceland's transposition of Protocol 35 to the EEA Agreement which submitted its report in August 2018. He was a member of the Committee resolving disputes concerning the status and transfer of football players from 2007 to 2017.
Stefán Geir has been a member of the board of the Reykjavík University Institute of European Law since its establishment in 2004. From 1996 to 2008 he was vice-chairman of the board of the Víkingur football club and sat from 2007 to 2009 on the board of the Icelandic Football Association. From 2000 to 2006 he was vice-chairman of the board of the Stoke City Football Club. He was also an alternate member of the board of the EFTA Surveillance Authority from 2000 1998 [sic] to 2002 and was a member of the board of the Icelandic Bar Association from 2005 to 2007. He submitted a complaint to the European Court of Human Rights on behalf of Bjarni Ármannsson and presented the case to the Court in case No. 72098/14 of 16 April 2019 (Case of Bjarni Ármannsson v Iceland).
Stefán Geir was appointed alternate Judge at the Court for Re-opened Cases in 2021. There he has dealt with a number of cases where the claim for re-opening has been based on the Court judgments.
Human rights principles have played a key role in many of the lawsuits he has plead. In pleading cases where human rights principles have been tested, he has acquired valuable experience in many areas of human rights.
This section presents the committee's assessment of applicants based on the perspectives outlined i Section 2 above.
Jónas Þór said that he did not consider anything in his career or conduct to be otherwise than of high moral character, neither in connection with his work, political involvement or private affairs.
Oddný Mjöll did not consider anything in her career or her conduct of such nature that she was not considered of high moral character or that was incompatible with the independence and neutrality of a judge.
Stefán Geir said that he considered himself to fulfil the requirement of high moral character and his career, tasks and private life to be such that he fulfilled the requirements for independence and neutrality as a judge. However, he drew the committee’s attention to a complaint that had been filed against him in 2009 concerning conduct at a meeting as a company lawyer. The complaint had been investigated by the police and the case was dropped; the last-mentioned was also stated in the media coverage of the case.
It should be borne in mind here that an assessment has recently been made of the eligibility of two of the applicants, Oddný Mjöll Arnardóttir and Stefán Geir Þórisson.
Oddný Mjöll applied for a position as Supreme Court judge in the summer of 2020 and was, in an opinion of 30 October 2020Note, considered qualified for the job and equally qualified as were those appointed to the office. She therefore fulfils the conditions for eligibility to hold a high judicial office. The committee has examined the documents that accompanied the application and sees no reason other than to rely entirely on the earlier opinion.
The same applies to the eligibility assessment for Stefán Geir, who applied for the position of judge at the Court for Re-opened Cases in 2020 and was, in an opinion of 15 January 2021Note, considered qualified for the job. The same general eligibility requirements apply to that position as to the position of a Supreme Court judge.
However, it was the task of this committee to assess whether Jónas Þór fulfilled this requirement based on the same underlying considerations as in the case of judges at the European Court of Human Rights, having regard to the perspectives and methods used in assessing the general eligibility requirements for applicants seeking to be judges at the Supreme Court of Iceland. As it was not the task of the committee to rank applicants based on an assessment of their qualifications, the discussion here is therefore limited to whether Jónas Þór fulfils the eligibility requirements for a judge of the Supreme Court, without comparing his experience or qualifications with the experience or qualifications of other applicants.
The committee assessed Jónas Þór's qualifications, based on Article 13 of Act No. 50/2016 and Rules No. 970/2021, and concluded that he fulfilled the conditions of Icelandic law to hold a high judicial office. In so doing regard was had for his long and successful career as an attorney, his teaching experience, experience in administration, including in the Wage Council and the Electoral Commission, directorships and other responsibilities in various fields. The committee considers this assessment in accord with the application of these provisions in other cases.
Conclusion: While the strengths of the candidates are very different, all of them meet the condition of eligibility for high judicial office.
The Guidelines CM40 (2012) of 29 March 2012 on the selection of candidates for the post of judge at the European Court of Human Rights, state that judges shall, as a minimum, be proficient in one official language of the Council of Europe (English or French) and should also possess at least a passive knowledge of the other.
Jónas Þór said that he has an excellent knowledge of English and that his work has included a variety of international dealings. However, he had not worked on scholarly written texts in English. He has very limited knowledge of French but declared himself ready to attend courses to strengthen his French skills if he were selected for the job.
Oddný Mjöll has written a major share of her scholarly writings in English, in addition to completing her doctorate from the University of Edinburgh. She clearly fulfils the conditions for good command of one language of the Court. It was revealed that she had a knowledge of French and answered a question in French, and furthermore that she had some understanding of the Court's judgments in French. She also declared her readiness to attend a French course to reinforce her knowledge, should she be elected judge.
Stefán Geir has worked in English and to some extent in French in his work at EFTA, in connection with his work for international sports organisations and as a participant and judge in international arbitration for several decades. He answered a question in French and has a good knowledge and command of both languages of the Court.
All three applicants have a good knowledge of Icelandic national law. Two of them, Oddný Mjöll and Stefán Geir, have recently been assessed by specifically appointed evaluation committees as qualified to serve as Supreme Court judges in Iceland. Oddný Mjöll has been a judge at the Court of Appeal since 1 January 2018 and is also a judge at the Court for Re-opened Cases; prior to that she was a professor at domestic universities and practising attorney for several years. Stefán Geir has worked as an attorney in Iceland for three decades and also recently accepted a position as alternate judge at the Court for Re-opened Cases. As stated under b), the committee believes that Jónas Þór also fulfils the eligibility requirements for a Supreme Court judge by virtue of his work experience in law and in part in public administration. All three have completed the qualifying examination in Icelandic law from the University of Iceland.
The afore mentioned Committee of Ministers’ Guidelines state that candidates need to have knowledge of public international law and that practical legal experience is also desirable (II.4).
When asked about his knowledge and experience in the field of international law, Jónas Þór said that this concerned primarily knowledge of human rights as part of international law. He has also participated in European co-operation as chair of the delegation of the Icelandic Bar Association to the Council of European Bar Associations (CCBE).
Regarding his knowledge and experience in the field of international human rights, it is worth mentioning that Jónas Þór’s final thesis in his law studies was on legal construction and he sought much of the material from the European Court of Human Rights. In his work as an attorney, on the board of the Icelandic Bar Association and as a member of the Wage Council and Electoral Commission, he has dealt with a large number of issues, where human rights rules and perspectives have come into play.
When asked about her knowledge and experience in the field of international law, Oddný Mjöll Arnardóttir referred to her special expertise and experience related to human rights protection as part of international law. It is also clear from the applicant's research and scholarly writings that she has very extensive knowledge of the workings of the European Court of Human Rights as an international court and of the reform process which the Court's organisation has undergone over the past two decades.
With regard to her knowledge and experience in the field of international human rights, it is worth mentioning that Oddný Mjöll's doctoral dissertation dealt with Article 14 of the European Convention on Human Rights, and in her studies and later in various positions as an attorney, scholar and judge, both at the Court of Appeal and as an ad hoc judge at the European Court of Human Rights, she has become acquainted with all the articles of the Convention, its implementation and related reform work.
When asked about his knowledge and experience in the field of international law, Stefán Geir Þórisson referred to his knowledge of EU and EEA law and his long experience of various positions at international level, including as a lawyer at EFTA and an arbitrator at the International Court of Arbitration for Sport.
With regard to knowledge and experience in the field of international human rights, it is noted that in his long career as an EFTA employee, as an attorney at all levels, including at the European Court of Human Rights, and as a judge at the International Court of Arbitration for Sport and in arbitration, he has dealt with many and varied cases with a human rights dimension.
All the applicants have practical experience of legal work. Jónas Þór has worked primarily as an attorney for over two decades. Oddný Mjöll is currently a judge of the Court of Appeal and a judge at the Court for Re-opened Cases and has served ad hoc at both the European Court of Human Rights and the Supreme Court, in addition to having worked as an attorney for over six years. Stefán Geir has worked primarily as an attorney for 30 years and is an alternate judge at the Court for Re-opened Cases.
Given the age of the applicants, this is not a question.
The Guidelines also stipulate that a candidate for the post of judge should not engage in any activity incompatible with the independence or impartiality of the Court or with the demands of a full-time office. All the candidates have stated that, if elected, they would resign from all incompatible jobs. They also signed a declaration stating that they would “not engage in any activity incompatible with the independence of judges of the European Court of Human Rights, their impartiality or the demands of a full-time office at the Court”. The committee therefore considers that this condition is met, but also refers to the discussion of item i) below.
The Guidelines finally stress that a candidate should not be nominated if this would foreseeably result in a frequent and/or long-lasting recusals and the need to appoint an ad hoc judge.
When asked, Jónas Þór stated that as a lawyer he had been involved in various and sometimes controversial cases, and held positions of trust on behalf of a political party, but nothing that would make him ineligible or require him to recuse himself frequently should he be elected judge.
Oddný Mjöll mentioned when asked that she would naturally be ineligible if a case she had adjudicated at the Court of Appeal came before the Court.
When asked, Stefán Geir said that he did not know of anything that could result in him having to recuse himself often or for a lengthy period.
The candidates all signed, as previously stated, a statement to the effect that they knew of nothing that would foreseeably result in frequent and/or long-lasting recusals and the need to appoint an ad hoc judge to replace them. In the light of the above, the committee considers that this negative eligibility rule does not affect the eligibility of any applicant.
With reference to all of the above, the committee concludes that all the candidates are eligible to be nominated by Iceland as judges for the European Court of Human Rights.
Name, forename: Arnardóttir, Oddný Mjöll
Sex: Female
Date and place of birth: 16 January 1970, Reykjavík, Iceland
Nationality: Icelandic
2002: Ph.D. (jurisprudence), the University of Edinburgh.
1995: Licensed as a district court attorney in Iceland.
1994: C and. Jur. (combined B.A. and master’s degree in law), the University of Iceland.
1989: Upper secondary school diploma, Laugarvatn College, Iceland.
June 2017 – present: Judge at the Icelandic Court of Appeals (Landsréttur).
Jan. 2021 – present: Judge at the Icelandic Court on Reopening of Judicial Proceedings (Endurupptökudómur).
May 2014 – present: Ad Hoc Judge at the European Court of Human Rights.
2018: Ad Hoc Judge at the Icelandic Supreme Court.
Jan. 2015 – Jan. 2016: Vice-Chairperson of the Icelandic Immigration and Asylum Appeals Board.
June 2014: Member of special administrative tribunals on the legitimacy of local elections in two municipalities in Iceland.
2004: Ad Hoc Member of the Gender Equality Complaints Committee (administrative tribunal).
Jan. 2018 – present: Research Professor, University of Iceland.
July 2012 – Jan. 2018: Professor of Human Rights Law, University of Iceland
Jan. 2006 – June 2012: Professor of Human Rights Law, Reykjavík University.
May 2015 – Jan. 2018: Chairperson of the Advisory Committee on Registered Religious or Belief Associations in Iceland.
Jan. 2000 – Jan. 2018: Lecturer at the Bar Admissions Program in Iceland.
Oct. 2013 – Oct. 2017: Chairperson of the Board of the University of Iceland Human Rights Institute.
June 2012 – Nov. 2012: Member of the Group of Experts appointed by the Constitutional and Supervisory Committee of the Icelandic Parliament to prepare a Constitutional Bill based on the work of the Constitutional Council.
May 2007 – May 2012: Chairperson of the Executive Board of the Icelandic Human Rights Centre (2010-2012), Vice-chairperson (2008-2010) and Member of the Board (2007). Advisor to the Board (2012-2016).
Sept. 2011: Lecturer, ‘Current Reflections on EU Equality and Non-Discrimination Law’, Academy of European Law, Trier.
Jan. 2010 – May 2010: Member of the Advisory Committee appointed by the Prime Minister of Iceland on the public administration’s reactions to the findings of the Special Investigation Commission on the downfall of the Icelandic banks.
Nov. 2009: Organiser and lecturer at a course on the EU Framework Equality Directive and the EU Race Directive, the Icelandic Bar Association Continuing Education Program.
Nov. 2004 – Aug. 2006: Partner Attorney at Acta Law Firm, Iceland.
Aug. 2005 – Jan. 2006: Lecturer, Reykjavík University, Iceland.
2003 – 2006: Member (as human rights expert) of the Icelandic National Bioethics Committee.
2003 – 2005: Member of the Icelandic Bar Association Law Commission.
Sept. 2002 – Nov. 2004: Partner Attorney at Lögmannsstofan Skeifunni Law Firm, Iceland.
Aug. 1999 – Aug. 2000: Adjunct Lecturer, Bifröst University, Iceland.
Dec. 1993 – April 1996: Assistant, Associate Lawyer and Associate Attorney at Málflutningsskrifstofa Borgartúni 24 Law Firm, Iceland.
Nov. 2014 – Jan. 2018: Member of Working Group on Courses in English at the University of Iceland School of Social Sciences.
Oct. 2014 – Oct. 2017: Chairperson of the Expert Council for Research at the University of Iceland School of Social Sciences (2015-2017). Member of the Expert Council (2014-2015).
Oct. 2015 – Oct. 2017: Member of the Board of the University of Iceland Research Fund.
July 2007 – July 2009: Member of the Expert Council for Research in Social Sciences and Humanities for the Icelandic Research Fund.
Aug. 2007 – Aug. 2008: Member of the Reykjavík University Research Council.
March 2005 – March 2006: Chairperson of the Icelandic Women Lawyers Association.
Fall 2001: Director, the University of Iceland Human Rights Institute.
Summer 2001: Director, the Reykjavík Academy.
As a judge at the Icelandic Court of Appeals I adjudicate cases in all fields of law, many which have human rights implications. The European Convention of Human Rights, as incorporated in domestic legislation, and the judgments of the European Court of Human Rights are increasingly referred to in Icelandic judgments as a source of law and/or inspiration for the interpretation of domestic law. Since my appointment to the new Icelandic Court on Reopening of Judicial Proceedings (January 2021) I have also adjudicated requests for reopening, many of which are based on claims of violations of the right to a fair trial. Upon the establishment of the Icelandic Immigration and Asylum Appeals Board (January 2015) I also served as its Vice-Chairperson for one year and adjudicated many cases on immigration and asylum.
I have been a Professor of Human Rights Law and a Research Professor at Icelandic Universities for 16 years. My main areas of teaching were International and European Human Rights Law, but I also taught courses in fields such as research methods and labour law. My research is focused on International, European and Constitutional Human Rights Law, with special emphasis in recent years on subsidiarity and the interactive constitutional relationship between the Convention system, EU law and domestic law. Other key areas of research include non-discrimination law, health law and the rights of persons with disabilities. I have also participated in and managed several international research projects and teams. My research is relatively well-known and widely cited in the field of International and European Human Rights Law as evidenced for example by 630 citations on www.scholar.google.com
Since 1998, I have participated actively in public discourses on human rights law in Iceland and abroad. This is evidenced for example by 75 conference papers and lectures given, by many consultancies for the legislative and executive branches of government in Iceland, and by participation in work conducted under the aegis of the UN and the Council of Europe. Examples of the abovementioned include:
I served as the Chairperson of the Board of the University of Iceland Human Rights Institute for four years (2013-2017). The Institute was founded by the University of Iceland, the Icelandic Bar Association and the Icelandic Judges’ Association and is governed by its representatives. Its role is to conduct, facilitate and disseminate research in the field of human rights. Previously, I was also the Chairperson and a Member of the Executive Board of the Icelandic Human Rights Centre for five years (2007-2012). The Centre is an NGO aimed at promoting human rights in Iceland through legal reform, research and dissemination of research results. It also performs the monitoring role of a National Human Rights Institution, although it is not accredited as such under the UN Paris Principles.
In the beginning of my professional career, I practiced law for over six years. During that time, I was involved in numerous cases with human rights implications.
None.
June 2007 – July 2013: Elected member of the Electoral Commission for the Reykjavík-South Constituency.
None.
2004 – 2020: Editorial work and peer-review.
Author of two monographs.
Editor of four anthologies.
Author of 45 articles and book chapters.
Two research works in progress, including a book chapter for a forthcoming anthology in honour of Robert Spano, President of the European Court of Human Rights.
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c. Other languages: – Danish |
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I fulfil the requirement of passive knowledge of French. If I am elected a judge on the Court, I nevertheless intend to take French classes.
I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name: Guðmundsson, Jónas Þór
Sex: Male
Date and place of birth: 11 May 1968, Akureyri, Iceland
Nationality: Icelandic
2015: Certified Broker: Real estate, companies and ships.
2009: License to practise as a Supreme Court advocate.
1997: License to practise as a District court advocate.
1995: Participated in the Nordic litigation competition (Tävlingen om det Sporrong Lönnrothska priset) in Copenhagen.
1995: Cand. Jur. in Law (5 year combined BA and Masters degrees), Faculty of Law, University of Iceland.
1989: Junior college degree in business and economics, Akureyri Comprehensive College.
2011-: Elected by Althing to sit on the Special Court, in accordance with Article No. 2 of law No. 3/1963 regarding the Special Court (alternate judge from 2009).
The Special Court hears and adjudicates cases when Althing decides to sue government Ministers for a breach of their official duties on the basis of ministerial responsibility. The Special Court has fifteen judges: The five judges at the Supreme Court of Iceland who have served the longest, the judge at the Reykjavik District Court, the Professor of Constitutional Law at the University of Iceland and eight people elected by Althing for six years at a time. The court has not heard a case since I was elected as a principal.
2021-: Chairman of the Assessment committee in accordance with law No. 61/2006, regarding salmon-and trout fishing, appointed by the Minister for Fishing and Agriculture.
The Assessment committee consists of three members, one without nomination, one nominated by the Supreme Court and one nominated by the National Association of Fishing Associations. The first two shall meet the general qualifications of a District Court judge. The main role of the Assessment committee is to rule on disputes between members of a Fishing Association regarding dividend registrations. Also disputes about how to define sea, stream, lake, estuary, estuary area, tributary, channel and other boundaries of fishing areas. Finally, the Assessment Committee rules on damages in other cases when it is entrusted with such cases by law. The Rulings of The Assessment committee will only be appealed to the courts.
2012-2018: Head of the Icelandic Bar Association’s delegation to the Council of Bars and Law Societies of Europe, CCBE).
2012-2015: Main representative of the Icelandic Bar Association at the International Bar Association.
2010-2015: On the board of the Icelandic Bar Association, secretary 2010-2011, vice chairman 2011-212 and chairman 2012-2015 (alternate 2009-2010).
2005-2012: Adjunct Lecturer in Business law at the Faculty of Law, Reykjavik University, Iceland.
1999-: Partner in Law Firm Lögmenn Strandgötu (primary occupation), in partnership with others until middle of 2007.
In my work as a lawyer for over 20 years, I have dealt with most areas of law, but mainly claims law, company law, contract and purchase law, mortgage law, property law and debt settlement and bankruptcy law. I have worked for companies, individuals, organisations, the government and more. The tasks have been varied and include advice, negotiation, dispute resolution, drafting opinions, advocacy and litigation, both in civil and criminal cases before the courts, and also administrative cases. I have worked extensively as a liquidator, both in bankruptcy proceedings and the liquidation of estates. I have also received an assessment from a District Court regarding my suitability to sit on the board of a financial company, as I was (solitary) appointed to the winding-up board of the financial company Landsvaki ehf. and held that position for four years. In my work on the Winding-up Board, I dealt with, among other things, legislation on financial companies, relations with domestic and foreign stakeholders, creditors and regulatory bodies.
1998-1999: Alternate board member of the Board of the Lottery of the University of Iceland, appointed by the Minister of Justice.
1998-1999: Lawyer, working for Legal Affairs at the Ministry of Justice.
1996-2000: Alternate committee member on the Examination committee for the certification of stockbrokers, appointed by the Faculty of Law, University of Iceland.
2003: Examiner in General Law and Introduction to Law (ad hoc) at the Faculty of Law, University of Iceland.
1995-2005: Lecturer at the Faculty of Law at the University of Iceland.
1995-2002: Lecturer, various law courses.
Certification of stockbrokers, at the University of Iceland Continuing Education Institute by authority of the Examination committee of the Ministry of Trade and Industry (1997-2002); Certification of real estate, ship and company brokers, by authority of the Examination committee of the Ministry of Justice (1995-2002)
1995-1997: Teaching director, Faculty of Law, University of Iceland.
1995: Law associate at the Law firm of Ævar Guðmundsson, Supreme Court advocate, Reykjavík.
2014-: Chairman of the Board of Landsvirkjun – The National Power Company of Iceland, appointed by the Minister of Finance and Economy. Member of the company's audit committee at the same time. Chairman of the Landsvirkjun Remuneration Committee and the Landsvirkjun Risk Committee since 2016.
Landsvirkjun is one of the largest companies in Iceland. The company is run in the form of a partnership and is owned by the Icelandic State. It operates on a private law basis in an international competitive environment. The company conducts operations in the energy sector as well as other business and financial activities according to a further decision of its board at any given time. The company produces more than 70% of all electricity produced in Iceland, and it is all from renewable energy sources. The company operates 15 hydropower plants, three geothermal power plants and experimental wind turbines in five operating areas around the country. In addition to power plants, other structures and various equipment, the company owns water rights that it has acquired historically or through special laws or agreements. Extensive research and monitoring of Icelandic nature and the environment is carried out by the company.
The board of Landsvirkjun handles the company's affairs, sets its policy and monitors its operations. The board and the CEO run the company together.
The Chairman of the Board of Landsvirkjun is in charge of, among other things, management, governance, policymaking and decision-making regarding extensive and often controversial projects, where there are great interests at stake. The board and its subcommittees operate according to rules of procedure set by the board. Landsvirkjun has established policies on social responsibility, environmental policy, privacy policy and competition, as well as a human resources and equality policy, remuneration policy and safety, health and occupational safety policy.
Agreements that Landsvirkjun negotiates for the sale of electricity to large users, contracts that the company negotiates with contractors for the construction of power plants, reservoirs and other structures and its agreements for the purchase of equipment are among the largest, and most unique agreements made in Iceland. Landsvirkjun conducts financial activities and trades in derivatives, in order to minimize risk in the company's operations. The company's operating currency is the US dollar. The company's borrowing is among the largest undertaken by Icelandic companies. The company's risk is related to both currency and interest rate risk as well as risk due to price fluctuations in the price of aluminium and due to its connections to Nord Pool.
2012-: Alternate on the board of Ísak Jónsson School ses. The school teaches the children from the age of five up to the age of nine.
2007-2016: On the Central Electoral Commission of the Southwest constituency, elected by Althing, in accordance with Article 13 Act No. 24/2000 on elections to the Althing. Chairman of the commission in the parliamentary elections on 25 April 2009, referendum 6 March 2010 on the validity of Act No. 1/2010 (Icesave), referendum on 9 April 2011 on the validity of Act No. 13/2011 (Icesave), presidential election 30 June 2012, referendum 20 October 2012 (proposals of the Constitutional Council and related issues), parliamentary elections on 27 April 2013, presidential election on 25 June 2016 and parliamentary elections 29 October 2016.
2006-2018: On the Salaries Council, which operated according to Act No. 47/2006 and later Act No. 130/2016, elected by Althing. Vice Chairman 2006-2010, Chairman 2014-2018.
The Salaries Council consisted of five members, the Althing elected three, the Supreme Court appointed one and the Minister of Finance and Economy one. The Council decided the salary and terms of employment of the President of Iceland, government Ministers, Members of parliament and judges, heads of ministries and office managers in the Government of Iceland, heads of government agencies and other government employees who are unable to negotiate their contracts in the usual way due to the nature of their work or contractual status. Also, from 2009-2017 it decided the salaries and terms of employment of the managing directors of public limited companies and other types of companies, for the most part owned by the state and companies for the most part owned by companies owned by the state, other than companies that were considered subsidiaries of the parent company and companies that commercial banks, savings banks and state-owned credit companies or their subsidiaries of those financial companies took over to ensure enforcement of the claims. The Rulings of The Salaries Council were only appealed to the courts.
2012-2018: Head of the delegation of the Icelandic Bar Association to the Council of Bars and Law Societies of Europe, CCBE).
2012-2015: Main representative of the Icelandic Bar Association to the International Bar Assocation. (International Bar Association, IBA).
At CCBE and IBA, among other things, efforts are being made to strengthen the legal position of lawyers and their clients through comments and proposals for reform of laws and regulations, and work against corruption.
2010-2015: Board member of the Icelandic Bar Association, secretary 2010-2011, vice chairman 2011-2012 and Chairman 2012-2015 (in the Deputy Board 2009-2010).
The role of the board and Chairman of the board of the Icelandic Bar Association is, among other things, to work for the interests of the legal profession in Iceland and to ensure the legal status of lawyers and their clients. This includes advocating for reform of the rules of procedure and the judiciary, and for individuals to enjoy a fair trial and protection of human rights. All lawyers have a compulsory membership in the Icelandic Bar Association.
2007-2016: On the Central Electoral Commission of the Southwestern constituency, elected by Althing.
In my work on the Central Electoral Commission, I took part in directing the preparation and conduct of elections in the Southwest constituency, which is the largest constituency in Iceland, in accordance with the provisions of the Electoral Act. During the time I was chairman of the Central Electoral Commission, elections were frequent. In addition to the traditional parliamentary and presidential elections, referendums were held on the validity of the Icesave agreements and the proposals of the Constitutional Council and related issues. In this work, the relevant electoral laws were applied and followed. The Central Electoral Commission sought to ensure that the conduct of the elections was in accordance with the law and that the democratic rights of the electorate were respected.
1999-: Operation of law firm.
As a self-employed lawyer for over 20 years, my projects have included various cases in which legal rules on the protection of human rights have been challenged.
1998-1999: Secretary of a committee charged with a comprehensive revision of the election law regarding elections to Althing.
Work on such a comprehensive review seeks, among other things to make proposals for rules in such a way that the democratic rights of voters are respected in the conduct of elections.
1998-1999: Secretary of the Criminal Law Committee.
The role of the Criminal Law Committee is to advise the Ministry of Justice in the field of criminal law and work on the revision of criminal law, including drafting bills and commenting on bills and other proposals concerning criminal law as well as monitoring developments in the field of criminal law, including foreign criminal law.
1998: On a working group tasked with following through with proposals made by a commission regarding the situation and participation of foreigners in Icelandic society, published in June 1997 and a report by the Education Research Institute considering the adjustment of Icelanders of foreign origin and policy making regarding their affairs, published in 1997, appointed by the Minister for Social Affairs.
Various rules regarding human rights are examined in work such as this.
Most of the magazine articles and newspaper articles I have written as a lawyer or chairman of the Icelandic Bar Association deal with procedural and human rights issues (see Chapter VII).
1999-2000: Member of a committee to create a legal framework for digital signatures, among other things, with regard to the proposals of the European Union, appointed by the Minister for Business Affairs.
1998-1999: Secretary of a commission to work on a general review of election laws regarding elections to Althing, appointed by the Minister of Justice.
1998-1999: Secretary of a commission to work on the general review of laws about lotteries and make proposals about the future policy direction and a general legal framework for lotteries, appointed by the Minister of Justice.
1998-1999: Secretary of the standing committee of experts on criminal law, appointed by the Minister of Justice.
1998: On a working group tasked with following through with proposals made by a commission regarding the situation and participation of foreigners in Icelandic society, published in June 1997 and a report by the Education Research Institute considering the adjustment of Icelanders of foreign origin and policy making regarding their affairs, published 1997, appointed by the Minister for Social Affairs.
2020-: On the board of the Iceland Chamber of Commerce.
2016-: On the parish committee of Hafnarfjörður Church (alternate 2014-2016).
2010-2014: On the Hafnarfjörður Civil Defense Committee, elected by Hafnarfjörður town council.
1998-2002: Alternate member of the Hafnarfjörður building committee, elected by the Hafnarfjörður town council.
1995-1996: On the publishing board of Orator (Society of Law Students at the University of Iceland) Book Publishing.
1994-1995: Managing Director (one of two) of Orator (Society of Law Students) Legal Assistance.
The Society of Law Students at the University of Iceland has offered the public free legal assistance by telephone at certain times.
1993-1995: Representative of law students on the board of the Institute of Law at the University of Iceland.
The Institute of Law is a scientific research institute operated by the Faculty of Law at the University of Iceland. The main role of the institute is research and academic publication.
1993-1994: Chairman of the Board of the Student Fund of the Student Council of the University of Iceland.
1992-1994: On the board of Orator (Society of Law Students) Book Publishing.
Orator Book Publishing (now called Codex), founded by the Society of Law Students at the University of Iceland, is at the forefront of publishing publications in the field of law in Iceland.
1992-1993: Chairman of the Board of Orator (Society of Law Students), The Association of Law Students.
2010-2017: On the Central board of the Independence Party.
2001-: On the Constituency council of the Independence Party in the Southwest constituency, on the board 2007-2008, Chairman of the Board from 2010-2017.
1999-2001: Chairman of the Board of Hamar, the newspaper of the Independence Party Associations in Hafnarfjörður.
1997-1999, 2009-: On the Party council of the Independence Party.
1997-1999: I. Deputy Chairman of the Board of the Union of Young Independence Party Members (SUS).
1995-2000: On the Constituency council of the Independence Party associations in Reykjanes.
1994-: On the Representative council of the Independence Party associations of Hafnarfjörður, on the board 1996-1997, 1999-2001 and 2006-2017, of which I. Vice Chairman 2007-2010, Chairman 2010-2017.
1994-1998: On the board of Stefnir, an Association of Young Independence Party members in Hafnarfjörður, vice chairman 1995-1996, chairman 1996-1997.
Selection jury of Landsvirkjun – The National Power Company of Iceland, in collaboration with The Icelandic Design Centre, considering and selecting design and works of art in the nature around Þeistareykir power plant.
Alumni Association of the Faculty of Law, University of Iceland.
2018.
1998-2001 (2000-2001).
Chairman.
Boardmember (Secretary).
I have published 17 magazine articles and one book chapter. Also six newspaper articles in the field of law (either alone or with others). I have furthermore given 12 presentations at seminars on legal matters. In addition, I have given ten presentations at public meetings in fields other than law, mainly in the field of energy.
Finally, as a lawyer I have written legal opinions (not formally published) in the field of law for various parties.
Below are 10 titles.
Book Chapter:
Magazine Articles:
Legal opinions (not formally published):
Newspaper Articles:
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a. First language: – Icelandic |
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b. Official languages: – English |
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– French |
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c. Other languages: – Danish |
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I confirm that I will pursue intensive language classes to further my ability in French if elected a judge of the Court.
I will resign confidential work for a political party, cf. Chapter V.c., and other incompatible activities, if elected a judge of the Court.
It is worth mentioning that my master's thesis at the Faculty of Law of the University of Iceland (122 pages) (1995) dealt with legal interpretation, among other, at the European Court of Human Rights.
I confirm that I will take up permanent residence in Strasbourg if elected a judge of the Court.
Name, forename: Þórisson, Stefán Geir
Sex: Male
Date and place of birth: 30 September 1962 in Reykjavík, Iceland
Nationality: Icelandic
Lycee Pablo Neruda, Grenoble, France, 1979-1980
Menntaskólinn við Hamrahlíð College 1982
Ludwig Maximilians Universitat Munchen, Germany 1983 – 1984
The Law Faculty of the University of Iceland, cand. jur. 1990
District Court Attorney 1992
Supreme Court Attorney 1998
The House Financing Fund 1990 – 1991
Jón Steinar Gunnlaugsson Supreme Court Attorney 1991 – 1993
The Legal Service of the EFTA Surveillance Authority, Geneva and Brussels 1993 – 1995
Jón Steinar Gunnlaugsson (law firm) 1995 – 1998
Lögmenn Klapparstíg (law firm) partner from 1998
Forum lögmenn (law firm) partner from 2004
As an attorney for most of my career I have pleaded around 400 cases in Icelandic courts of first instance, about 160 cases in Icelandic appeal courts (Hæstiréttur og Landsréttur) and 11 cases in the EFTA Court in Luxembourg
Part time lecturer at the law faculty of the University of Iceland in European Law 1992 – 1997
Ad hoc Member of the Appeal Committee on Competition Matters in 1998
Ad-hoc Board Member of the Icelandic Commercial Arbitration Court in 1999
Part time lecturer at the Law Faculty of the University of Reykjavík in European Law 2004 in procedural law
Adjunct in Civil law procedure at the law faculty of University of Reykjavik 2005
Appointed by the Competition Authority in 2005 to perform the competition assessment of the merger of part of Burðarás with Landsbanki Íslands and part of Burðarás with Straumur Investment Bank
Member of a Committee resolving disputes concerning the status and transfer of football players 2007 – 2017
Appointed as an arbitrator at the International Court of Arbitration of the International Chamber of Commerce in 2008
Part time lecturer at the law faculty of the University of Reykjavik in EU and EEA law from 2011
Appointed with 3 other lawyers in 2010 by the parliament to assess a draft Agreement between Iceland, United Kingdom and the Netherlands on the Icesave accounts of Landsbanki Íslands hf
Appointed permanently by the Competition Authority in 2013 to a Committee monitoring equal access on the Icelandic telecommunications market
Appointed arbitrator from 1 January 2017 to the Court of Arbitration for Sports
Appointed by the Minister of Foreign Affairs as a Chairman to a Committee of five lawyers which had the task to issue a report on the implementation of Iceland of Protocol 35 to the EEA Agreement
Appointed Deputy judge at the Court of Review from 2021
Appointed Attorney of the Embassy of France in Iceland from 1996
Ad hoc College Member of the EFTA Surveillance Authority 1998 – 2002
Member of the Board of the European Law Institution of the University of Reykjavik from 2004
Board Member of the Icelandic Bar Association from 2005 – 2007
I have guided 4 law students with their master‘s thesis. All of them concernd EEA law
I filed a complaint on behalf of Mr Bjarni Ármannsson (Case No. 72098/14) and represented him before the European Court of human rights, see Judgment of 16 April 2019 Bjarni Ármannsson against Iceland.
Many of the cases that I have been dealing with as a judge at the Court of Review are based on judgments of the European Court of Human Rights.
Human rights issues have played a significant role in some of the court cases that I have pleaded. Through pleading cases that involve human rights aspects, I have gained valuable experience on various aspects of Human rights.
None.
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Member of the Board of the Icelandic Football Association
2007-2009
None.
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good |
fair |
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very good |
good |
fair |
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a. First language: |
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Icelandic |
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X |
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b. Official languages: |
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– English |
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– French |
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c. Other languages: |
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German |
X |
X |
X |
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Danish |
X |
X |
X |
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…
None.
I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.