Letter from Ms Maja Popovic, Minister of Justice, to Ms Chatzivassiliou-Tsovilis, Secretary General of the Parliamentary Assembly, dated 7 December 2023.
We are pleased to inform you about the activities carried out in the process of nominating candidates for the election of a judge of the European Court of Human Rights from the Republic of Serbia.
[…]
The Ministry of Justice initiated the procedure for the selection of candidates for the position of judge of the European Court of Human Rights, after which the Government's conclusion was adopted on December 29, 2022, on the agreement that the Ministry of Justice initiates the procedure and forms a commission that will carry out the selection procedure and make a proposal for three candidates for selection of a judge for the European Court of Human Rights, and after the completed procedure, the Ministry of Justice is responsible for submitting to the Government of the Republic of Serbia for approval the proposal of three candidates for the selection of a judge for the European Court of Human Rights from the Republic of Serbia.
Based on the Government's conclusion, the Minister of Justice of the Republic of Serbia issued a decision dated December 29, 2022 on the formation of the Commission, which had the task of preparing the text of the Invitation with the conditions prescribed by the provisions of Art. 21 – 23 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the procedure described in the Memorandum of the Secretary General of the Parliamentary Assembly of the Council of Europe dated September 7, 2022 and other documents of the Parliamentary Assembly of the Council of Europe, publish it in the "Official Gazette of the Republic of Serbia" and by means of public information, check the evidence from the applications and carry out the mandatory test of knowledge of English and French, conduct an interview with the candidates and send a report to the Minister of Justice.
The commission for nominating a candidates for a judge of the European Court of Human Rights from the Republic of Serbia consisted of: Vladimir Vins, Assistant Minister of Justice for International Cooperation, President of the Commission and members of the Commission: Zvezdana Lutovac, Judge of the Supreme Court of Cassation, Branko Stamenković, Deputy Republic Public Prosecutor and Member of the State Prosecutorial Council, Olivera Stanimirović, State Attorney and Proffesor dr Aleksandar Gajić, professor at the Faculty of Law in Belgrade for the subjects of Public International Law, Law of European Integration and International Justice and Chief Legal Adviser at the Ministry of Foreign Affairs. The Commission has a balanced composition and is made up of persons who, with their knowledge, experience and the positions they occupy, ensure a high level of knowledge, respect and trust, which at the same time ensures that each member of the Commission is free from any undue influence.
At the meeting held on January 25, 2023, the Commission agreed on the text of the Invitation and applications for the Invitation for the nomination of three candidates for election of a judge from the Republic of Serbia to the European Court of Human Rights. The Invitation was published in the "Official Gazette of the Republic of Serbia" number 6/23 of January 27, 2023, and on the same day it was also published in the daily newspaper "Većernje Novosti" and on the website of the Ministry of Justice. The deadline for submitting applications is 30 days from the date of publication of the Invitation in the "Official Gazette of the Republic of Serbia". Applications to the Invitation could be submitted until February 27, 2023.
Nine applications were received for the Invitation for the nomination of three candidates for election of a judge from the Republic of Serbia to the European Court of Human Rights. Based on the submitted applications, the Commission determined that all participants in the Invitation meet all the formal conditions stipulated in the Invitation, as well as that the submitted applications are timely and complete. The commission opened ail of the received applications on March 3, 2023.
Through e-mail and with a phone check, candidates were informed that the written test of English and French language skills was on April 7, 2023, and the oral test of English and French language skills was held on April 10, 2023, at the premises of the Ministry of Justice. One candidate did not take the oral test of language knowledge, while one candidate did not demonstrate a sufficiently high level of knowledge and did not pass the written or oral test of knowledge of any language.
Participants in the Invitation for the nomination of three candidates for election of a judge from the Republic of Serbia to the European Court of Human Rights, in accordance with the conditions of the Invitation could choose whether they would be subject to a language competency check in either English or French. Some candidates expressed their desire to undergo a test of knowledge of both languages, which the Commission made possible, with the fact that no discrimination was made between the participants in connection with the verification of other competencies based on whether they underwent a test of one or both languages. Participants who took only one language undertook the obligation to acquire appropriate language competences in another language in an appropriate period of time in accordance with the already established practice of the Council of Europe.
The commission prepared a report on testing English and French language skills for participants in the Invitation for nominations of three candidates for the election of a judge of the European Court of Human Rights from the Republic of Serbia.
The candidates who passed the written part of the English language test are: PhD Natasa Plavsić, MA Silvija Panović-Durić, Proffesor dr Maja Stanivuković, Proffesor dr Branko Rakić, Vladimir Marinkov and Proffesor dr Tanasije Marinković. Candidates who passed the written test of the French language are: Branislava Isailović, Proffesor dr Branko Rakić and Proffesor dr Tanasije Marinković.
The oral part of the English language test was passed by: PhD Natasa Plavsić, MA Silvija Panovié-Durić, Proffesor dr Maja Stanivuković, Proffesor dr Branko Rakić, Vladimir Marinkov and Proffesor dr Tanasije Marinković. The oral part of the French language test was passed by: Branislava lsailović, Proffesor dr Branko Rakić and Proffesor dr Tanasije Marinković.
Zorica Marinković-Ilieski and Nebojsa Stanković did not pass the written and oral language proficiency test.
Seven candidates who successfully passed the language test were invited on April 24, 2023 to an interview conducted by members of the Commission.
Interviews at the national level are mandatory, after which interviews should be conducted with candidates in the Committee of the Parliamentary Assembly of the Council of Europe for the selection of judges of the European Court of Human Rights, and the selection of a judge of the European Court of Human Rights from the Republic of Serbia should be carried out at a session of the Parliamentary Assembly of the Council of Europe in October 2023.
At the meeting held on May 5, 2023, after a thorough exchange of opinions on the participants of the Invitation with which it conducted an interview, the Commission, guided primarily by the guidelines contained in the documents of the Council of Europe, determined the list of candidates for the election of a judge of the European Court of Human Rights from the Republic of Serbia. The Commission had a general impression of the three proposed candidates based on academic and professional qualifications from the biographies, as well as the directly conducted interview, especially in the part of the interview that refers to relevant work experience and good knowledge of both the national legal system and the European human rights protection system which will contribute to the reputation of the member state of the Council of Europe, as well as to the dialogue between the European Court of Human Rights and the highest national courts. The commission proposed the following candidates for the election of a judge of the European Court of Human Rights from the Republic of Serbia (in alphabetical order):
All participants in the Invitation were informed in writing about the proposed candidates, with a note that they can inspect the entire documentation of the procedure, including the biographies and supporting evidence of alI participants in the Invitation, within seven days of receiving the notification. None of the participants in the Invitation requested for inspection of the documentation.
[…]
The Parliamentary Assembly of the Council of Europe for the Election of Judges to the European Court of Human Rights recommended on September 25, 2023, that the Assembly does not accept this list as not all candidates meet the requirements of Article 21 of the European Convention on Human Rights for the election of a judge.
On October 9, 2023, the Parliamentary Assembly agreed with the Committee's recommendation and called on the Government of the Republic of Serbia to submit a revised list of candidates. The revised list must be sent to the Assembly no later than December 7, 2023, or February 29, 2024, depending on the date of elections in the Parliamentary Assembly of the Council of Europe.
The Commission of the Ministry of Justice, in a meeting held on November 3, 2023, considered the recommendations of the Parliamentary Assembly of the Council of Europe. They established a revised list of candidates guided by principles of fairness, transparency, ensuring the list is not gender-biased, and compiled the revised list of candidates based on the candidates’ relevant work experience, language proficiency, motivation, knowledge of the Council of Europe (including experience in the European Court of Human Rights system), and other qualifications necessary for appointment to high judicial functions.
The Commission compiled a report and, at the meeting on November 3, 2023, proposed the following candidates (in alphabetical order):
[…]
Name forename: MARINKOV Vladimir
Sex: Male
Date and place of birth: 13th February 1979, Belgrade
Nationality: Serbian
. Trainee Lawyer from 19.5.2006. until 15.10.2008.
. Attorney at Law registered in the directory of Attorneys (Bar Association of Belgrade) since October 16, 2008.
During his fifteen-year career, he was an attorney in about 3 000 cases. He appeared before all types and instances of courts in the Republic of Serbia (misdemeanor, basic, higher, appellate, commercial, commercial appellate, administrative, Special Department of the Higher Court in Belgrade for war crimes, special department of the Higher Court in Belgrade for Organised Crime, Supreme Court of Cassation, Constitutional Court), as well as before most administrative bodies – ministries, tax administration, inspections, local self-government bodies, before national arbitrations, in disciplinary proceedings (High Council of the Judiciary, Medical Chamber, Bar Association). In about 50 proceedings, he represented the interests of clients before the Constitutional Court of the RS, and in more than 250 cases before the Supreme Court of Cassation. Participated in drafting and independently worked on several petitions to the European Court of Human Rights. In addition, initiated and led proceedings before other international institutions (Interpol – Europol, Commissioner for Refugees, Commissioner for Human Rights of the UN).
In terms of the above, from the most significant cases can be singled out (in accordance with the general importance of the case and the protection of convention rights at the national level, as well as the level of the courts and authorities before which it was presented):
In addition to his primary practice as an attorney, Vladimir Marinkov devoted about 20% of his time annually to the education of others, primarily attorney and attorney trainees, but also other lawyers, as well as interested professionals who perform tasks in which they need specific knowledge in certain legal fields. Vladimir Marinkov began his teaching experience in 2015 and has undergone all the appropriate training for adult education.
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The candidate has a passive knowledge of the French language and is currently actively working on improving his knowledge of that language and intends to reach a high level of knowledge and use of that language by the date of the start of the mandate of the next judge of the European Court of Human Rights from Serbia.
In that sense, I declare that I am attending and will continue to attend intensive French language courses before the start of my mandate, and if necessary, after the start of my mandate as a judge of the European Court of Human Rights, if I am elected as a judge of that Court, until reaching the required level of knowledge of French language.
I hereby confirm that I will take up permanent residence in Strasbourg, France, in the event that I am elected as a judge of the European Court of Human Rights.
Name forename: PANOVIĆ-DURIĆ Silvija
Sex: female
Date and place of birth: 02/04/1965, Belgrade, Serbia
Nationality: Serbian
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Working/professional experience – EU Delegation to Serbia (present position)
03/03/2020 – Belgrade, Serbia – Programme Officer for EU Policies – Justice, Freedom and Security
Working/Professional experience – Council of Europe
01/01/2017-02/03/2020: Belgrade, Serbia, Senior Project Officer, Enhancing human rights for detained and sentenced persons Phase I and Phase II
01/01/2016-31/12/2016, Belgrade, Serbia, Project Manager, Human Rights Friendly Judiciary
01/10/2015-31/12/2015, Belgrade, Serbia, Project Manager, Continued Support to the judiciary in Serbia in the implementation of the ECHR
01/01/2014-31/08/2015, Belgrade, Serbia, Project manager, Support to the judiciary in Serbia in the implementation of the ECHR
01/05/2013-31/12/2013, Strasbourg, France, Project Coordinator, Economic Crime Unit
06/04/2010-30/04/2013, Belgrade, Serbia, Project Advisor, Criminal Assets Recovery in Serbia
01/09/2007-28/02/2010, Belgrade, Serbia, Project Manager, Strengthening Higher Education in Serbia
01/04/2007-16/08/2007, Belgrade, Serbia, Project Officer, Support to Serbian Judicial Reform
01/09/2004-31/03/2007, Belgrade, Serbia, Project Officer – Two regional projects: 1.CARPO (CARDS Regional Police) dealing with economic and organized crime; 2.PACO Impact addressed corruption issues.
13/05/2002-31/08/2004, Belgrade, Serbia, Legal Advisor
Working/Professional experience – OSCE
16/04/2001-17/06/2002, Belgrade, Serbia, Special Advisor on Legal Issues, Rule of Law and Human Rights Department
Working/ Professional experience – Faculty of Law
01/11/1990-30/11/2001, Belgrade, Serbia, Teaching Assistant
The entire career is dedicated to promotion of, and advocacy for the respect of human rights as demonstrated under point III (Relevant Professional Experience). Some examples highlighted in the chart below.
Over 10 years worked at the Law Faculty when started working as Special Legal Advisor for the OSCE and then over 17 years (until March 2020) working for the Council of Europe. From March 2020 started career at the EU Delegation to Serbia.
During Law Faculty career lectured at numerous seminars and courses dedicated to human rights protection and international criminal law, organised under the auspice of national and international CSOs e.g. Belgrade Centre for Human Rights, AIRE Centre, Helsinki Committee for Human Rights, Novi Sad Journalist School, FIDH, etc.
During more then 17 years in the Council Europe, the work was focused on human rights and rule of law not only within the programmes directly linked to the European Convention on Human Rights (the Convention) and the jurisprudence of the European Court for Human Rights (the Court), but also within other programmes, for e.g. the project dealing with criminal assets recovery. Working on capacity building of judges and prosecutors related to the implementation of the European Convention. Delivered lectures within the study programmes of the Judicial Academy. Working as editor and reviewer of many publications such as “Qualitative Study of the Impact of the ECtHR Judgements on Jurisprudence of the Courts in the Republic of Serbia”, ”Comparative Study on the National Implementation of the European Convention”, ”Criminal Assets Recovery – Selected Judgements and Decisions of the European Court of Human Rights”. In cooperation with judges of the Supreme Court of Cassation, contributed to the preparation of the Manual for the training of judges in the field of trial in reasonable time (authored a Chapter in the Manual) and delivered many lectures throughout Serbia.
Although not visible at the first glance, the last four years in the EUD also had the human rights perspective/approach in the focus. The active involvement in the dialogue between state authorities and CSOs on the proposed amendments/revisions of the Law on Internal Affairs can be quoted as one of the examples. In this case the whole spectrum of potential human rights violations was discussed and inputs from the ECtHR jurisprudence presented to state authorities to serve as a guiding principles. The policy dialogue with state authorities is stirred towards grasping the essence of the requested reforms and then to contribute to feasible and sustainable programming/financial assistance thus achieving alignment with the EU acquis and the CoE standards.
September 2002 (2 weeks), Nigeria, FIDH, Paris, Expert
November 1999 – November 2001, Belgrade, Serbia, Humanitarian Law Centre, Head of the International Humanitarian Law program
1998, Podgorica, Montenegro, Ministry of Justice, Montenegro, Expert. Conducted an assessment on the judicial reform program in Montenegro and submitted a report setting out recommendations.
1995-2001, Serbia, Judges Association of Serbia (JAS), Expert/Lecturer
1995-2001, Region-wide (Montenegro, Croatia, etc.), Belgrade Center for Human Rights, Expert/Lecturer
1995-2001, Belgrade and region, Engaged by a number of NGOs (AIRE Centre London, AAOM, BOS, CUPS, Helsinki Committee for Human Rights, Novi Sad School for Journalists), Lecturer.
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Criminal law, human rights, international criminal law
1990-2016
During my academic career I have published numerous articles on criminal law, criminal procedural law, human rights, constitutional rights, etc. Some listed below:
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I hereby confirm readiness to follow intensive language classes of the French language both prior to, and at the beginning of my term of duty, if elected a judge on the Court.
In 1995, attended an “Advanced course on the international protection of human rights” at the Institute for Human Rights – Abo Academy University, Turku Law School (Finland) and earned the additional honours of a diploma with distinction from Professor Allan Rosas.
Also attended number of courses on ethics, gender mainstreaming, effective writing.
I hereby confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: PLAVŠIĆ Nataša,
Sex: female
Date and place of birth: 04 September 1978, Novi Plazar
Nationality: Serbian
Academic qualifications
Other qualifications in the field of human rights
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As the Agent of the Republic of Serbia before the European Court of Human Rights, I prepared observations for complex cases related to the protection of rights and freedoms guaranteed by the Convention, including the right to life, the prohibition of ill-treatment, the right to respect for private and family life, and freedom of expression. In addition, as the Agent of the Republic of Serbia, I coordinated the process of the execution of judgments of the Court at the national level and prepared reports and action plans, thus protecting the rights of parties that succeeded before the Court and promoting the importance of proper execution of Court decisions and judgments at the national level in co-operation and dialogue with all parties involved. Also, in the capacity of the Government Agent, I represented the Republic of Serbia in seven debates before the Committee of Ministers.
As the judge of the Constitutional Court, I decide on the most complex cases related to the protection of the rights of individuals in all court proceedings – civic, criminal, and administrative. In performing my duties as a judge, I always try to strike a fair balance between the need to protect the basic rights of individuals, on the one hand, and the public interest in limiting certain rights, on the other. In presenting my arguments, I primarily rely on the case law of the European Court of Human Rights.
I obtained my LL.M. and PhD degrees in the field of mechanisms for the protection of human rights. My theses were related to the protection of human rights that is ensured before the European Court of Human Rights.
In the course of 2009 and 2011, I spent three months each year at the internship at the European Court of Human Rights, for professional development, where I worked on the preparation of the Court’s decisions. In addition, in July 2012, I graduated from the Diplomatic Academy of the Ministry of Foreign Affairs.
I attended, both in Serbia and abroad, numerous professional and specialised training programmes, summer schools, and seminars in the field of human rights and the relationship between the national and international systems of the protection of human rights, listed in Part II.
I am the author of many published professional and scientific papers and articles in the fields of human rights and constitutional law, as well as protection of rights rendered by the constitutional courts and protection rendered by systems established on the basis of the European Convention, listed in Part VII.
I am actively engaged in human rights training programmes organised in the Republic of Serbia by the Council of Europe Office, the Judicial Academy, the Diplomatic Academy, and USAID for a wide range of participants, from students of law faculties to judges of general and special courts. I took part and delivered presentations at numerous scientific and professional conferences and meetings in the field of human rights protection, both in Serbia and abroad – listed in Part IV.
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Working as an Agent of the Republic of Serbia before the European Court of Human Rights, I was in continuous contact with the French language for more than 3 years, and thus acquired a passive knowledge of the French language.
After becoming a judge of the Constitutional Court, I continued learning French language, and I am currently attending a private, individual intensive French language course, B level.
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I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.