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On 1 December 2017, the Council of Ministers of Spain agreed to submit to the Commission on the Election of Judges of the Parliamentary Assembly of the Council of Europe, the final list of the three candidates for the election of judge to the European Court of Human Rights in respect of Spain, as follows, in alphabetical order:
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Madrid, 1st November 2017
Mr Rafael Andrés León Cavero, Senior State Attorney, Head of the Human Rights Department and Agent of the Kingdom of Spain before the European Court of Human Rights, acting in compliance with the duties assigned as Secretary of the Committee, by virtue of the appointment made by the General State Attorney on 11 September 2017, as set out in the Agreement of the Council of Ministers of 20 January 2017 by which some guidelines for the establishment of a list of candidates for the post of Judge to the European Court of Human Rights were set forth, the Resolution of 24 July 2017 providing for the initiation of the time limit to submit candidatures, and Articles 16 and 19.4 of Law 40/2015, of 1st October, on the Legal Regime of Public Administration, I hereby
CERTIFY
1. That, following the expiry on 31 January 2017 of the ordinary term of office of nine years (Article 23.1 of the Convention) of the current Judge of the European Court of Human Rights elected by the Parliamentary Assembly of the Council of Europe on the basis of a list of candidates nominated by Spain, on 26 August 2016 the Parliamentary Assembly of the Council of Europe invited the Spanish Government to submit a list of three suitable candidates for the office of Judge in the European Court of Human Rights (Article 22 of the Convention).
2. That on 20 January 2017Note the Spanish Council of Ministers adopted an Agreement by which some guidelines for the establishment of a list of candidates for the post of Judge to the European Court of Human Rights were set forth, in order to ensure the full satisfaction of both the criteria set out in the Convention for any person applying to exercise the office of judge at the Court and the recommendations in respect thereof contained in the “Guidelines of the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights” adopted by the Committee of Ministers on 28 March 2012.
The Agreement was published in the “Boletín Oficial del Estado”Note no. 26, on Tuesday, 31 January 2017, Section I, page 7116, paragraph 968Note.
3. That, by means of a Resolution of 24 July 2017 issued by the Undersecretariat of the Ministry of Presidency and Territorial Administration (included in the «Boletín Oficial del Estado»Note no. 177, on Wednesday, 26 July 2017, Section III, page 69390, paragraph 8870)NoteNote the notice of initiation of the time-limit to apply for the list of candidates proposed by the Kingdom of Spain to the Parliamentary Assembly of the Council of Europe, responsible for appointing a Judge to the European Court of Human Rights was published.
The call for applications was also simultaneously available at the webpage of the Ministries of Foreign Affairs and CooperationNote, of Presidency and Territorial AdministrationNote and of Justice.
The call for applications was likewise widely disseminated in the mediaNote.
4. Within the period of time given for the submission of applications, which lasted thirty working days from the following day to the publication of the call for applications in the “Boletín Oficial del Estado”Note, between 27 July 2017 and 7 September 2017, a total of 17 candidates, 15 men and 2 women, submitted their applications.
5. As set out, on 13 September 2017, a Committee to assess the suitability of candidates for Election as Judge to the European Court of Human Rights was then established, whose selection corresponds to the Parliamentary Assembly of the Council of Europe, consisting of the following persons:
The President and the members of the Committee had speaking and voting rights, and the Secretary had the right to speak but not to vote.
6. That all applicants were called for a personal interview with the Committee, which were held in sessions on 9 and 23 September 2017.
7. That during the personal interviews, where 15 out of 17 candidates appeared, and 2 of them renounced, the candidates gave their presentation in one or both official languages of the Court, the questions being put by the Committee in both official languages.
The Committee tested the candidates’ language proficiency assisted by the following two interpreters, assigned to the Office of Language Services of the Ministry of Foreign Affairs and Cooperation:
The Committee considered that 14 out of 15 candidates interviewed had met the level of proficiency required.
8. That, having deliberated and carefully evaluated the curricula of all the candidates, the Committee has unanimously decided, as shown by a written statement signed by all members with voting rights submitted to the Secretary on 1 November 2017, to submit to the Council of Ministers, following prior communication to the Executive Council on Foreign Policy, the following proposed list of candidates in alphabetical order:
On the basis of grounds listed in Annex I attached to the present certificate.
9. That, as set out in the eighth section of the Council of Ministers Agreement dated 25 January 2017, once the list of candidates has been adopted by the Council of Ministers, it shall be submitted to the Advisory Panel of Experts of the Council of Europe on candidates for election as Judge to the European Court of Human Rights.
I FURTHER CERTIFY that the following documents are appended to the present certificate:
English and French translations of this certificate will also be provided.
I hereby issue this certificate, to all appropriate official effects, acting as Secretary of the Committee, with the approval of the President.
Madrid, 1st November 2017.
Mr Ildefonso Castro López, State Secretary for Foreign Affairs
Mr Rafael Andrés León Cavero, State Attorney
The selection Committee first and foremost recognises the quality of the candidates applying to this call, all of them of the highest moral character and with recognised professional competence within the legal field.
Secondly, the Committee deems it necessary to apply a first filtering by which, either for lacking the required language proficiency, for not being able to hold office for at least half of the period before reaching the retirement age or for lacking expertise in terms of fundamental rights and in particular in the field of the European Convention on Human Rights and Fundamental Freedoms, the profiles of some candidates have not been considered eligible strictu sensu for office as a Judge to the European Court of Human Rights.
Among the remaining candidates, who a priori fulfil all requirements, the Committee believes that the following candidates are the most suitable, and allow to fulfil the recommendation of gender-balance:
This candidate fulfils the criterion of being jurisconsult of recognised competence. Her professional career is essentially academic and, under it, she has served as an expert appointed to a Commission of the Council of Europe.
She has been Professor of Philosophy of Law since 2010. She has lived and has been educated for more than five years in a number of Member States of the Council of Europe, which confers her some familiarity with different judicial cultures such as the French-speaking, English-speaking or Germanic. She has also taken part in Conferences of the United Nations on the principle of equity of gender. In addition to her work on fundamental rights, she has specialized in methods of legal interpretation, legal arguments, weighing and applying the principle of proportionality, specifically regarding the implementation of those techniques to controversial questions on human rights.
Related to this, she has acted as consultant to different governments by drafting bills on gender equality, family law, development cooperation and also in the European Parliament initiative on the consequences of globalization for women immigrants from Mediterranean countries.
This candidate fulfils the criterion of being jurisconsult of recognised competence, with an essentially academic profile and with experience acting before international courts.
He has been Professor of Public International Law since 2011, with formal training in Constitutional Law through postgraduate studies. He holds a Master’s degree and a PhD in European Law from different German universities. He has extensively published within the scope of human rights, public international law and constitutional law and on the judicial dialogue between the ECJ and the ECHR. He has carried out a number of activities linked to the protection of human rights, especially within the field of NGOs, in particular his involvement as legal expert on international law in an international field mission on extrajudicial executions should be stressed. He therefore has a wealth of international experience and knowledge of legal systems from other States on both a theoretical and practical level.
Finally, it is worth mentioning that he has been involved in collegiate bodies and international working groups of different scope (European Union, Council of Europe and United Nations), which gives him the ability to connect different legal subsystems within the international order.
This candidate combines both professional requirements alternatively provided for in Article 21 of the ECHR for judges of the European Court of Human Rights, due to his qualification derived from occupying the highest position in the constitutional order as for being a judge with recognized competence on fundamental rights with a long professional career.
In particular, he has been a Judge at the Constitutional Court (2011-2017) and its President (2013-2017). He has been Professor of Labour and Social Security Law since 1994.
All along his professional career he has widely devoted himself, from different angles, to the field of fundamental rights. As constitutional judge, he has been involved in the deliberations on three-hundred and fifteen judgments regarding appeals for protection, being rapporteur in forty-five of them. He has broad experience in the dialogue between the Constitutional Court and the European Court of Human Rights which, accordingly, proves his knowledge of the case law of both Courts. He has taken part in a number of encounters and meetings with European and Latin-American Constitutional Courts, having served as Permanent Secretary of the Latin-American Conference on Constitutional Justice. He has also taken part in various meetings of the Venice Commission.
According to his academic profile, the expertise on human right comes from his doctoral thesis and covers a number of publications, mainly related to labour rights and its interaction with other fundamental rights.
Consequently, the selection Committee submits to the Government the following list of candidates – in alphabetical order, as required by the applicable regulation – for election as Spanish judge to the European Court of Human Rights:
[Signature]
Ildefonso Castro López, State Secretary for Foreign Affairs
[Signature]
Carmen Sánchez-Cortés Martín, State Secretary for Justice
[Signature]
Áurea Roldán Martín, Undersecretary of Justice
[Signature]
José María Jover Gómez-Ferre, Undersecretary of Presidency and Territorial Administration
BOLETÍN OFICIAL DEL ESTADONote
Tuesday, 31 January 2017
MINISTRY OF PRESIDENCY AND TERRITORIAL ADMINISTRATION
968
Resolution of 25 January 2017, by the Undersecretariat, providing for the publication of the Council of Ministers Agreement dated 20 January 2017, by which some guidelines for the establishment of a list of candidates for the post of judge to the European Court of Human Rights are set forth.
The Council of Ministers, at the meeting held on 20 January 2017, acting on the proposal of the Minister of Foreign Affairs and Cooperation, the Minister of Justice and the Minister of Presidency and Territorial Administration, has adopted an Agreement by which some guidelines for the establishment of a list of candidates for the post of judge to the European Court of Human Rights are set forth.
Considering its knowledge to be of general interest, the agreement is annexed to the present Resolution providing for publication.
Madrid, 25 January 2017. The Vice president of the Government and Minister of Presidency and Territorial Administration, by delegation (Presidential Decree /934/2012 of 24 April 2012), the Undersecretary of the Presidency and of the Territorial administrations, José María Jover Gómez-Ferrer.
ANNEX
Agreement by which some guidelines for the establishment of a list of candidates for the post of judge to the European Court of Human Rights are set forth.
Article 20 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 and ratified by Spain on 26 September 1979 (BOENote no. 243, of 10 October 1979) (hereunder “the Convention”), provides that the European Court of Human Rights (hereunder “the Court”) shall consist of a number of judges equal to that of the High Contracting Parties.
Article 22 of the Convention provides that judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party.
Contracting Parties have expressed on several occasions their interest that candidates for election as Judge to the Court effectively possess the qualifications required by the Convention, especially regarding a broad knowledge in practice of national legal systems and of public international law, as well as proficiency in one official language of the Court, and at least, a passive knowledge of the other, in order to preserve its independence and impartiality, high quality and consistency of jurisdictional decision-making taken by this High Court. To this effect, in the conclusions reached at the High Level Conferences held at Interlaken, Izmir and Brighton, under the auspices of the successive rotating presidencies of the Committee of Ministers of the Council of Europe, the need to improve transparency of selection procedures has been outlined in order to ensure the appropriate qualification of candidates.
In monitoring these commitments, the Committee of Ministers of the Council of Europe created, by Resolution of 10 November 2010, the Advisory Panel of Experts on Candidates for Election as Judge to the Court in order to assess, before a final list is presented to the Parliamentary Assembly, whether candidates proposed by Contracting Parties meet the criteria stipulated in the Convention.
To the same end, the Committee of Ministers adopted on 20 March 2012, the “Guidelines of the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights” on which, apart from echoing the aforementioned conventional requirements, some additional recommendations regarding minimum language requirements for candidates, the procedure for eliciting applications, the selection process and the reasoning of the final decision are set forth.
It is worth pointing out, for these purposes, that high qualifications required from candidates for the post of judge at the Court, require a thorough, exhaustive selection process. It is therefore advisable that the three candidates proposed by the Council of Ministers should in general be able, before reaching the retirement age, to serve on the Court for all of the nine-year term of office for which they will be appointed by the Parliamentary Assembly of the Council of Europe.
In the light of this background, the Council of Ministers has considered it appropriate to adopt some guidelines with a view to drafting the aforementioned list of candidates for the post of judge at the Court, in order to perform it whenever required.
In accordance with the power conferred by Article 97 of the Spanish Constitution, and within the exercise of their discretionary competence to submit a list of candidates to perform the highest international and jurisdictional functions, the final resolution shall correspond to the Council of Ministers by means of an agreement to submit it for further consideration by the Advisory Panel, prior to its referral to the Parliamentary Assembly of the Council of Europe.
By virtue whereof, acting on the proposal of the Minister of Foreign Affairs and Cooperation, the Minister of Justice and the Minister of Presidency and Territorial Administration, the Council of Ministers, at its meeting held on 20 January 2017, hereby
AGREE
Where, pursuant to the provisions set forth in the Convention, it proves necessary to propose candidates for the post of judge at the Court by the Kingdom of Spain, the Minister of Foreign Affairs and Cooperation shall notify the need to adopt such decisions to the Ministers of Justice and Presidency and Territorial Administration and to the Executive Council on Foreign Policy, in order to produce a list of candidates in accordance with the provisions set out in this Agreement.
Pursuant to the provisions set forth in the Convention, candidates shall be of high moral character and shall possess the qualifications required for appointment to high judicial office or be Jurisconsults of recognized competence, and shall undertake not to engage, for the duration of their term of office, in any activity incompatible with their independence or impartiality or with the demands of a full-time office.
Wide dissemination of the call for submission of applications shall be guaranteed through publication in the “Official State Gazette”, as well as by means of those additional procedures to be decided by the Undersecretary of Foreign Affairs and Cooperation, the Undersecretary of Justice and the Undersecretary of Presidency and Territorial Administration, to come to the attention of potentially suitable candidates and for a reasonable period of time. Applications shall be submitted to any of the places provided for in Article 16.4 of Act 39/2015, of October 1st 2015, on Common Administrative Procedure of Public Administration.
A Committee is hereby established to assess the suitability of candidates, consisting of the State Secretary for Foreign Affairs, the State Secretary for Justice, the Undersecretary of Justice and the Undersecretary of the Presidency and of Territorial Administration.
The State Secretary for Foreign Affairs will chair the Committee.
The Committee decisions shall be taken, in any event, by agreement of all the members concerned. The powers conferred on their members cannot be delegated.
A State Attorney appointed by the General State Attorney-Directorate of the Legal Service shall provide the secretariat for the Committee, who shall attend the meetings with speaking rights but not to vote.
In the exercise of their functions, the Committee shall be assisted by a number of advisers entitled to represent, among others: the International Laws Department of the Ministry of Foreign Affairs and Cooperation, the General Counsel of the Judiciary, the Office of the Prosecutor-General, the Ombudsman and the Ministry of Foreign Affairs’ and Cooperation’s Office of Language Services.
The Committee shall evaluate the candidates’ curricula vitae and shall perform any interview it deems necessary in order to assess their suitability for the post to be filled, which, in any event, shall meet the following requirements:
Having examined the curricula vitae and performed the eventual interviews, the Committee shall propose a list of candidates for the post of judge at the Court which should as a general rule include candidates of both sexes, and shall be communicated to the Executive Council on Foreign Policy prior to its submission to the Council of Ministers for a decision to be taken.
Once the list of candidates has been adopted by the Council of Ministers, it shall be submitted to the Advisory Panel of Experts of the Council of Europe with a view to the election of judges to the European Court of Human Rights.
BOLETÍN OFICIAL DEL ESTADONote
Wednesday, 26 July 2017
MINISTRY OF PRESIDENCY AND TERRITORIAL ADMINISTRATION
8870
Resolution of 24 July 2017, issued by the Undersecretariat, providing for the publication of the notice of initiation of the time limit to apply for the list of candidates proposed by the Kingdom of Spain to the Parliamentary Assembly of the Council of Europe, responsible for appointing a Judge to the European Court of Human Rights.
The Agreement of the Council of Ministers of 20 January 2017, published through a Resolution issued by the Undersecretariat of the Ministry of Presidency and Territorial Administration on 25 January 2017 (“Boletín oficial del Estado”Note no. 26, of 31 January 2017, reference no. 968) set forth some guidelines for the establishment of a list of candidates for the post of judge to the European Court of Human Rights.
The said Agreement was appealed before the Supreme Court, who, through a judgment issued on 31 May 2017 by the Third Chamber (“Boletín Oficial del Estado”Note no. 137, of 9 June 2017, reference no. 6514) declared the nullity of Sixth section of the said Agreement, regarding the requirement not to exceed the age of 61 years by the closing date for the submission of applications.
Consequently, and after the mandatory prior notice was carried out by the Ministry of Foreign Affairs and Cooperation to the Ministry of Presidency and Territorial Administration and to the Ministry of Justice, as well as to the Executive Council on Foreign Policy, should be published hereby the notice to initiate the selection process and the calling for applications which will be developed as provided for in the following sections, in compliance with the said Council of Ministers Agreement of 20 January 2017, with the exception of the section invalidated by the Supreme Court.
Pursuant to the provisions of the European Convention of Human Rights, candidates shall be of high moral character and shall possess the qualifications required for appointment to high judicial office or be Jurisconsult of recognized competence, and should undertake not to engage, for the duration of their term of office, in any activity incompatible with their independence or impartiality or with the demands of a full-time office.
Candidates shall be Spanish nationals and demonstrate proficiency in one of the official languages of the Court (English or French) and also possess at least a passive knowledge of the other.
The time-lime for submission of applications shall be 30 working days from the day following the publication of this notice in the “Official State Gazette”.
The applications shall be addressed to the Presidency of the Selection Panel, which, according to the fourth section of the Agreement of 20 January 2017, is held by the State Secretary for Foreign Affairs. The applications shall be addressed to the following address: Servicio de Registro General, Ministerio de Asuntos Exteriores y de Cooperación, Palacio de Santa Cruz, plaza de la Provincia, no. 1, 28012 Madrid.
And likewise to the following emails: [email protected] and [email protected].
Applications may also be submitted to any of the places provided for in Article 16.4 of Act 39/2015, of October 1st 2015, on Common Administrative Procedure of Public Administration.
The Panel shall evaluate the candidates ’curricula vitae received, which must conform to the models set out in the Annex (in English and French, the two official languages of the Court, as well as in Spanish), and shall perform any interview as it deems necessary in order to assess their suitability for the post to be filled.
The notice to initiate the selection process shall also be published at the webpages of the Ministry of Foreign Affairs and Cooperation, the Ministry of Presidency and Territorial Administration and the Ministry of Justice, in order to come to the attention of potentially suitable candidates.
Madrid, 25 July 2017. The Undersecretary of Presidency and Territorial Administration, José María Jover Gómez-Ferrer.
I. Personal details
Name, forename
Sex
Date and place of birth
Nationality/ies
II. Education and academic and other qualifications
III. Relevant professional activities
a. Description of judicial activities
b. Description of non-judicial legal activities
c. Description of non-legal professional activities
(Please underline the post(s) held at present)
IV. Activities and experience in the field of human rights
V. Public activities
a. Public office
b. Elected posts
c. Posts held in a political party or movement
(Please underline the post(s) held at present)
VI. Other activities
a. Field
b. Duration
c. Functions
(Please underline your current activities)
VII. Publications and other works
(You may indicate the total number of books and articles published, but mention only the most important titles (maximum 10))
VIII. Languages
(Requirement: an active knowledge of one of the official languages of the Council of Europe and a passive knowledge of the other)
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IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.
X. Other relevant information
XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.
INFORMATION FOR ADMINISTRATIVE USE ONLY BY THE PARLIAMENTARY ASSEMBLY:
Complete address (No, Street, Postal Code, Town, Country):
Telephones:
Professional:
Personal (optional):
Mobile (optional):
E-mail:
Fax (optional):
Name: Elósegui Ichaso
Forename: María
Sex: female
Date and place of birth: 7th December 1957. San Sebastián (Guipúzcoa). Spain.
Nationality: Spanish
http://www.coe.int/t/dghl/monitoring/ecri/about/Members/ELOSEGUI_CV.asp#TopOfPage
(Previously from 1980 to 1988: taking doctoral courses, writing of doctoral thesis and teaching with indefinite employment contract).
Organization or Center: University of Glasgow
Dedication scheme: Full Time.
Date appointment or contract: 1 September 1988 to 1 September 1990. Two years.
Organization or Center: University of Valencia
Dedication scheme: Full Time
Date appointment or contract: 1 October 1990.
Organization or Center: University of Zaragoza
Dedication scheme: Full Time
Date appointment or contract: 1 October 1991. Renewal 1 October 1993.
Organization or Center: University of Zaragoza
Dedication scheme: Full Time
Date appointment or contract: 8 April 1994 to the present day without interruption.
Organization: ANECA (Spanish Quality Assessment Agency).
Academy Program.
Date of accreditation: resolution of September 3, 2008.
Date of inauguration February 16, 2010 until today.
She does not belong to any political party. She has never exercised functions within a party or a political movement. She has only been a career official of the Spanish State as university professor.
The majority of the posts that she has occupied have been by open exams and because of professional merits. Regarding independence and impartiality, the positions she held have been based on capacity and merit, with competitive scholarships, and competitive positions. Exceptionally, she has been called to participate punctually as an expert in legislative matters, based on knowledge of the subject, and has been asked to collaborate with different political parties, insofar as they were compatible with her main occupation of teaching and research as a university professor. She prepared the preliminary draft of the Organic Law on equality between women and men 3/2007, now in force, on the proposal of the Ministry of Labor, chaired by Minister Mr Caldera. She has collaborated with the Ministry of Foreign Affairs for three years as an expert on Development Cooperation, on the proposal of Mr Miguel Ángel Cortés and appointed member of ECRI by the Committee of Ministers of the Council of Europe in 2013, on the proposal of the Spanish Ministry of Women and equal opportunities.
Some of her academic appointments have been:
Scope: Faculty of Law. Zaragoza's University
Duration: from 1999 to the present time 2017 (and continues).
Functions: Direction of the doctoral program.
Scope: Aragonese Institute of Women and University of Zaragoza.
Duration: from 1999 to the present time 2017.
Functions: Director of the Journal.
1. El derecho a la igualdad y a la diferencia, Madrid, Ministerio de Trabajo y Asuntos Sociales, Instituto de la Mujer, 1998.
La transexualidad: jurisprudencia y argumentación jurídica, Granada, Comares, 1999
El rostro de la violencia. Más allá del dolor de las mujeres (Coordinadora),Barcelona, Icaria, 2002
4. Las acciones positivas para la igualdad de oportunidades laborales entre mujeres y hombres. Un análisis de la legislación alemana y la Directiva 76/207/CEE desde la teoría de la argumentación de Robert Alexy, Madrid, Centro de Estudios Políticos y Constitucionales, 2003.
5. Derechos Humanos y pluralismo cultural, Madrid, Iustel, 2009, 289 p. Premio Luis Portero de Derechos Humanos 2008, concedido por la Real Academia de Jurisprudencia y Legislación de Granada, patrocinado por el Ayuntamiento de Granada. Publicado un capítulo en inglés “Law and Cultural Diversity in Spain”, en el libro colectivo FOBLETS, M.C (ed). The Response of the State Law to the Expression of Cultural Diversity, Bruselas, Bruylant, Francqui Foundation, 2010.
6. Elósegui, M., El concepto jurisprudencial de Acomodamiento razonable. El Tribunal Supremo de Canadá y el Tribunal Europeo de Derechos Humanos ante la gestión de la Diversidad cultural y religiosa en el espacio público, Cizur Menor, Thomson Reuters-Aranzadi, 2013, 459 p.
7. Flores, Alejandra, ELÓSEGUI, María y URIBE, Enrique (editores) El neoconstitucionalismo en la teoría de la argumentación de Robert Alexy. Homenaje en su 70 Aniversario, México, editorial Porrúa y Universidad Autónoma del Estado de México, 2015, 260 p.
8. Elósegui, María (Coordinadora), “El principio de proporcionalidad de Alexy y los acomodamientos razonables en el caso del TEDH Eweida y otros c. Reino Unido/ Das Verhältnismäßigen Anpassungen in der Entscheidung des Europäischen Gerichtshofs für Menschenrechte (EGMR) im Fall Eweida und Andere gegen das Vereinigte Königsreich”, Los principios y la interpretación judicial de los Derechos Fundamentales. Homenaje a Robert Alexy en su 70 Aniversario, Zaragoza, Fundación Giménez Abad, Alexander von Humboldt Stiftung y Marcial Pons, 2016, 400 p.
9. Elósegui, María, “Denial or Justification of Genocide as a Criminal Offence in European Law”, in María Elósegui and Cristina Hermida (Eds.), Racial Justice, Policies and Court´s Legal Reasoning, Germany, Springer, 2017. Spanish versión Elósegui, M. "La negación o justificación del genocidio como delito en el derecho europeo. Una propuesta a la luz de la Recomendación nº 15 de la ECRI", Revista de Derecho Político, nº 98, 2017, pp. 251-334.
10. Elósegui, M. “Nationalism and identities in the Baltic Republics: the Case of Latvia”, En Paloma Otaola & Stéphanie Bory, Autonomies et Indépendances: le nationalisme au XXIe siècle, Paris, Connaissances et Savoirs, 2015. ISBN: 9782342055825.
French: Official titles of DELF (level B2) and official title of DALF (level C1), granted by the French Government. Official intermediate level title (B1) of the Official School of Languages (equivalent to third and fourth year). C1 level improvement course at the Official Language School of Zaragoza (Two semesters 2010/2011, two semesters 211/2012, two semesters 2012/2013). Attendance to C1 classes at the Institut Français 2013/2014.
English. Official titles, First Certificate of Cambridge (Level B2) in 1989, and also Title of the British Council. Completed official Cambridge First Certificate examination (Level B2) again in June 2016.
German: Titles of the Goethe Institut. Zertifikat Deutsch (ZD). Zentrale Mittelstufenprüfung (ZMP) (level B2). In addition Official intermediate level (B1) of the Official School of Languages (equivalent to third and fourth year). C1 level improvement course at the Official Language School of Zaragoza (Two semesters 2010/2011).
First language
Official languages
Autres langues
Being a career civil servant (Grade A 29) and currently 59 years old (Born on 7th of December 1957), she fulfills the requirements to be able to perform in full, before reaching the age of retirement, the mandate of nine years for which she would be appointed by the Parliamentary Assembly of the Council of Europe (since her retirement age as University Professor is at age 70).
Name, First name: Martín y Pérez De Nanclares, José
Sex: male
Date of birth: 09/03/1965
Place of birth: Vitoria (Spain)
Nationality: Spanish
Current occupation: Director of International Law (Asesoria Juridica Internaciona[) at the Spanish Ministry of Foreign Affairs and Co-operation.
(only academic qualifications are included)
Europa-Institut. University of Sarrebruck (Germany).
Lawyer and legal advisor for Spain before the International Tribunal for the Law of the Sea in the M/V “Louisa” case, SaintVincent and the Grenadines v. Kingdom of Spain (Case No. 18) and as the Spanish government’s agent in the Request for an advisory opinion submitted by the Sub-Regional Fisheries Commission (Case No. 21).
aa) Legal activities of a practical nature
bb) Legal activities of an academic nature
From an academic standpoint, research work for legal publications and as preparation for attending very specialized conferences requires the in-depth analysis of the legal issues at stake (see below VII, publications). In addition to various publications on EU law (institutional law and substantive law) and on various general aspects of Public International Law (diplomatic immunities, international treaties, maritime law, inter alia), I have devoted much of my research work to the human rights sphere (particularly in the EU and the ECHR) and especially to the matter of judicial dialogue between the EU Court of Justice, the ECHR and constitutional courts.
I have held several posts in the civil service, both at universities and in government:
aa) I am currently Director of International Law (Asesoría Jurídica Internacional) at the Spanish Ministry of Foreign Affairs and Co-operation (since 4 August 2012) and reserve Professor of Public International Law at Salamanca University (support service; I have held this post since 4 August 2012 until the end of his mission at the ministry).
bb) I previously held the following posts:
cc) In addition to my main university activities, I have also held the following posts with ancillary duties but also in connection with international law:
aa) I have been elected to various posts in universities. The posts with responsibility that I have held are as follows:
bb) I have also been appointed by the university to the following posts:
I have never been an active member of a political party or a member of a political or trade union movement. Nor have I ever written reports for or advised political parties or trade unions.
I have written 7 books (two published in German and 5 in Spanish), and I have been the editor or co-ordinator of 14 books and compilations of legal texts (including a handbook on European substantive law) and 127 scientific articles published in specialist legal journals and in collective books in Spanish, German, English and French. (A list can be found on: https://dialnet.unirioja.es/servlet/autor?codigo=37401). My next work is likely to be a selection of the most notable works in the human rights fields, international public law and constitutional law and constitutional law publish in recent years.
1.- " El TJUE como actor de la constitucionalidad en el espacio jurídico europeo: la importancia del diálogo judicial leal con los Tribunales Constitucionales y con el TEDH"Note, Teoría y Práctica Constitucional 2017, vol. 39, pp. 235-269.
2.- "El TJUE pierde el rumbo en el dictamen 2/2013: merece todavía la pena la adhesión de la UE al CEDH?"Note, Revista de Derecho Comunitario Europeo, vol. 52, 2015, pp. 825-869.
3.- "El diálogo judicial entre el TJUE y el TEDH: algo más que el derecho a la última palabra en el triángulo judicial europeo"Note, en AAVV, Tribunal Constitucional y diálogo entre tribunales – XVII Jornadas de la Asociación de Letrados del Tribunal Constitucional, CEDP, Madrid, 2013, pp. 161-208.
4.- "Viejos y nuevos problemas en el espacio europeo de los derechos humanos – Reflexiones a propósito de la necesario cooperación judicial efectiva entre el TJUE y el TEDH"Note, en Libro homenaje al profesor don Manuel Pérez González, Tirant lo Blanch, Valencia, 2012, pp. 791-820.
5.- "La protección de los derechos sociales en la Unión Europea: sobre el papel cuasiconstitucional del Tribunal de Justicia"Note, en Armin von Bogdandy, Héctor FixFierro, Mariela Morales Antonizzi, Eduardo Ferrer McGregor (coords.), Construcción y papel de los derechos fundamentales – Hacia un lus constitucional commune en América Latina, México, 2011, pp. 251-280. (también publicado en Revista Iberoamericana de Derecho Procesal Constitucional 2011).
6.-"Arts. 6 (derecho a la libertad y la seguridad), 7 (derecho a la vida privada y familiar), 8 (Protección de datos de carácter personal), 9 (derecho a contraer matrimonio y derecho a fundar una familia)", 10 (libertad de pensamiento, de conciencia y de religión), (Art. 11: Libertad de expresión y de información), 12 (libertad de reunión y de asociación), 13 (libertad de las artes y las ciencias), 14 (derecho a la educación), 15 (libertad profesional y derecho a trabajar),16 (libertad de empresa), 17 (derecho de propiedad), 18 (derecho de asilo), 19 (protección en caso de devolución, expulsión y extradición), 53 (nivel de protección)"NoteNote, in Araceli MANGAS MARTIN, A. (dir.), La Carta de derechos de la Unión Europea – Comentario artículo por artículo, BBVA, Madrid, 2008, pp. 195-387, pp. 852-869.
«Der judizielle Dialog im gemeinsamen europäischen Rechtsraum unter besonderer Betrachtung der unendlichen Geschichte des EU-Beitritts zur EMRK»Note, in Chistian CALLIES (ed.), Herausforderungen an Staat und Verfassung: Völkerrecht, Europarecht, Menschenrechte. Liber amicorum für Torsten Stein, Nomos Verlagsgesellschaft, Baden-Baden, 2015, pp. 784-805.
"The advisory Function of the International Tribunal of the Law of the Sea as a Full Court and the Excessive Expansion of Its Jurisdiction"Note, en Pablo Antonio FÉRNAN DEZ (ed.), New Approaches to the Law of the Sea- Liber Amicorum José Antonio Yturria ga, Nova Publishing, New York, 2017, pp. 73-84.
"The question of the use of force in Spanish practice"NoteSpanish Yearbook of International Law 2015, vol. 19, pp. 315-328.
“The European Union and the Protection of Human Rights»Note, en GOMEZ ISA, F y DE FEYTRER, K. (eds.), International Human Rights Law in a Global Context,2a ed., University of Deusto, Bilbao, 2009, pp. 777-80 l.
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In the event that I am appointed as a judge at the ECHR, I formally undertake to take part, before the beginning of my period in office, in the appropriate language courses if the panel of experts considers it necessary or recommendable.
Cross of San Raymundo de Peňafort awarded by the Spanish Ministry of Justice (24/02/2016).
Doctor honoris causa of Piura University, Peru (23/07/2009).
Winner of the Francisco Landaburu Prize awarded by the Basque Council of the European Movement for the book Federalismo supranacional: un nuevo modelo para la UE? (9/5/2002).
Estrella de Europa Prize, awarded by the Municipality of Logrofio and the La Rioja Government (9/5/2007).
Decorated by the Navarra University European Studies Centre (9/5/2007).
In the event that I am appointed as a judge at the ECHR, I formally undertake to take up permanent residence in Strasbourg.
Name, forename: Pérez de los Cobos Orihuel, Francisco de Asís
Sex: male
Date and place of birth: Murcia, 2 January 1962
Nationality: Spanish
University professor
Research work
University positions
Legal advice and reports
Employment arbitrator
Scientific boards
Respecting and protecting human rights has always been a constant concern in my legal research. Since my PhD thesis in Italy, where I dealt with the problems that would arise for workers' right to privacy as a result of the widespread use of computers at work, and until my latest work where I study the right of individual petition to the European Court of Human Rights, through the books that I have directed on the right to strike, freedom of trade union and free enterprise, and my studies on EU law and on the exercise and limits of human rights at the workplace, I have always paid close and intense attention to this issue. I have also focused on the hermeneutic problems arising from resolving conflicts between human rights.
Such theoretical thinking, which covers my scientific work, has been very useful in my career as a constitutional judge, especially when resolving appeals for legal protection at the Constitutional Court. As a constitutional judge, I have participated in 315 decisions issued for protection, where I was the reporting judge at 45 of them. Consequently, I have dealt with and decided on numerous issues where the Court was required to protect a fundamental right or public freedom and to resolve interesting conflicts between fundamental rights, considering conflicting ones and ensuring the full effectiveness of all of them.
In that task of weighting all the interests involved, the use of case law from the European Court of Human Rights has been constant (the Rome Convention was expressly cited in 98 of the aforementioned decisions) since, in addition to the authority of the highest court, we are required to do this in accordance with the opening clause of article 10.2 of the Spanish Constitution, according to which the fundamental rights acknowledged in that Constitution must be construed in accordance with the international treaties and agreements ratified by Spain on those issues. Reinforcing that use and safeguarding the principle of "res interpretata" have been a constant purpose in my activity as President of the Spanish Constitutional Court. At several international forums, I have also had the opportunity to reinforce the beneficial influence of the Strasbourg court's case law for developing the Spanish democratic system and the Spanish constitutional doctrine.
As a magistrate, President of the Spanish Constitutional Court and Permanent Secretary to the Ibero-American Conference on Constitutional Justice, I have participated in numerous meetings, work visits and seminars with the main European constitutional courts (European congresses on constitutional courts, bilateral seminars with the German, French and Austrian Constitutional Court, trilateral annual meetings with the Italian, Portuguese and Spanish Constitutional Courts) and Latin American courts (Ibero-American Conference on Constitutional Justice and bilateral meetings with the Chilean, Colombian, Peruvian and other Constitutional Courts) as well as in meetings with the Venice Commission and several seminars organised by the European Court of Human Rights or where the latter participated actively. All of this has enabled me to have an in-depth knowledge of the human rights protection system in Europe and Latin America and of the uniqueness of the various constitutional courts and their fundamental rights protection mechanisms.
I have written in more than 150 varied legal publications (see the detailed curriculum), including five monographs and several extensive comments to the main Spanish employment laws, which I supervised and where I am the co- author.
Francisco Pérez de los Cobos Orihuel, Nuevas tecnologías y relación de trabajo (New technologies and employment relationship), published by Ed. Tirant lo Blanch 1990,
Francisco Pérez de los Cobos Orihuel, El derecho social comunitario en el Tratado de la Unión Europea (EU social law in the Treaty of the European Union), published by Ed. Civitas, Madrid 1994.
Francisco Pérez de los Cobos Orihuel, La aplicación de la Directiva 93/104/CEE al Personal Estatutario de la Seguridad Social (The application of Directive 93/104/EEC to the Social Security staff governed by the workers' statute), published by Ed. Tirant lo Blanch, Valencia 2002.
Francisco Pérez de los Cobos Orihuel (in collaboration with J. Thibault Aranda), El teletrabajo en España (Teleworking in Spain), published by Ed. Ministerio de Trabajo y Asuntos Sociales, Madrid 2001.
Francisco Pérez de los Cobos Orihuel (direction and co-authorship),
Libertad de empresa y relaciones laborales (Free enterprise and employment relations), published by Ed. Instituto de Estudios Económicos, Madrid 2005.
Francisco Pérez de los Cobos Orihuel (direction and co-authorship), Comentarios a la Ley Orgánica de Libertad Sindical (Comments to the Constitutional Act on Freedom of Trade Union), published by Ed. LA LEY, Madrid 2010.
Francisco Pérez de los Cobos Orihuel, “La Carta de los derechos Fundamentales de la Unión Europea” (The Charter of Fundamental Rights of the European Union), in J. García Murcia (coord.), La dimensión social de la Unión Europea a partir del Tratado de Lisboa (The social dimension of the European Union since the Treaty of Lisbon), published by Ed. Consejería de Industria y Empleo, Oviedo 2011.
Francisco Pérez de los Cobos Orihuel, “La interpretación de la Constitución” (The interpretation of the Constitution), in Nueva Revista Española de Derecho del Trabajo; number 169, 2014.
Francisco Pérez de los Cobos Orihuel, “La influencia en España del Convenio Europeo de Derechos Humanos y los problemas de la tutela multinivel de los derechos fundamentales” (The influence in Spain of the European Convention on Human Rights and the multilevel protection of the fundamental rights), in I. Diez Picazo and J. Vegas Torres (coordinators), Derecho, Justicia, Universidad. Liber amicorum de Andrés de la Oliva Santos, published by Editorial Universitaria Ramón Areces, Madrid 2016
Francisco Pérez de los Cobos Orihuel, Protección Jurídica de los particulares ante las más altas jurisdicciones: El Tribunal Europeo de Derechos Humanos (Legal protection of individuals at the highest jurisdictions: The European Court of Human Rights), published by Ed. European Parliamentary Research Service (in press), in English, French, German and Spanish, 2017
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Although my level of English meets the required standards, should I need to follow intensive language classes to carry out my tasks as a judge on the European Court of Human Rights, I undertake to follow them in order to discharge my duties as required in such position.
In the event that I am designated for the post of judge on the European Court of Human Rights, I formally state the commitment to take up residence in Strasbourg and reside there permanently during my mandate.