[…]
With reference to your letter, dated 4 June 2018, I am pleased to inform you that the German Federal Government has decided to nominate Mr Thilo Marauhn, Ms Christiane Schmaltz and Ms Anja Seibert-Fohr, in alphabetical order, as candidates for the election as Judge to the European Court of Human Rights.
The Government's decision was taken at a Cabinet session on 30 January 2019.
[…]
The procedure for the nomination of candidates has followed the same established practice as in the previous nomination round (2010).
The Human Rights Division of the Federal Ministry of Justice and for Consumer Protection, in consultation with the Ministry for Foreign Affairs and the Federal Chancellor’s office, drafted a request for applications which stated the necessary requirements for being considered for inclusion in the candidates’ list. The requirements took into account the European Convention on Human Rights and the relevant texts passed by the Parliamentary Assembly and the Committee of Ministers, laying stress on relevant experience in the field of Human Rights and linguistic abilities. [...]
The request announcing the possibility of seeking to become the Government’s candidates to the office of Judge at the European Court of Human Rights was published in the first week of June 2018 in several major newspapers. It was also published as a press notice on the website of the Federal Ministry of Justice and for Consumer Protection on 2 June 2018. In addition, the request was sent out to the Presidents of all Federal Courts, the justice ministers and senators of the Länder, the German Judges Association, the Federal Chamber of Advocates, the German Advocates Association, the German National Institute for Human Rights and the Forum Human Rights (the national umbrella organisation of NGOs in the field of Human Rights), asking them to nominate suitable candidates or to encourage them to apply. All applications, whether sent in by these organizations or by individual applicants, were treated in exactly the same way.
The deadline for announcing interest in being included in the list of candidates was set at 20 July 2018.
24 persons applied for inclusion in the list of candidates.
The Human Rights Division of the Federal Ministry of Justice and for Consumer Protection analysed the applications and checked the information on the qualifications against the requirements set out in the request for applications. On this basis, taking into account the experience and known expertise of applicants in the field of the European Convention and human rights law in general, the applicants were evaluated for inclusion in the list.
Interviews were conducted with the most promising applicants. These took place at the Federal Ministry with the State Secretary Mrs Christiane Wirtz, the Head of the international department, Mrs Almut Wittling-Vogel, and the Director of the Public Law and International Law division of the Federal Ministry, Mr Alfred Bindels. The qualifications of the applicants, including their linguistic abilities and Human Rights experience, and their readiness to be included in the list were ascertained by these interviews.
The Federal Minister of Justice and for Consumer Protection, Mrs Katarina Barley, proposed a list to the Federal Cabinet with the names of Mr Thilo Marauhn, Mrs Christiane Schmaltz and Mrs Anja Seibert-Fohr as candidates for the election as Judge to the European Court of Human Rights. The Cabinet approved the list on 30 January 2019 and this decision was published on the same day together with a press release [...]. The unsuccessful applicants were informed about the outcome of the procedure.
Name, forename: Marauhn, Thilo (Prof. Dr., M.Phil.)
Sex: male
Date and place of birth: Hellersen, 30 April 1963
Nationality: German
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International Organisations
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(see above lit. a.)
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I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: Dr. Schmaltz, Christiane
Sex: female
Date and place of birth: 30 November 1970, Hildesheim, Germany
Nationality: German
Selection of lectures on the European Court of Human Rights, and human rights law generally [in English, unless otherwise stated]:
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Author of one book and 17 articles; co-author of 9 articles. The publications concern Patent Law, Constitutional Law, Human Rights Law and the jurisprudence of the European Court of Human Rights, and include the following:
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I confirm that, if elected, I will bring my French language skills up to the required level prior to the beginning of my term of office.
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I will take up permanent residence in Strasbourg if elected.
Name, forename: Seibert-Fohr, Anja
Sex: female
Date and place of birth: 3 April1969, Giessen, Germany
Nationality: German
The Conference of States Parties elected me in 2012 at the seat of the United Nations in New York to serve as a member of the Human Rights Committee. The Committee is the principal legal institution entrusted with overseeing the implementation of the International Covenant on Civil and Political Rights (adopted in 1966, this Covenant is the universal equivalent to the European Convention of Human Rights).
In the course of my mandate at the Human Rights Committee, I participated in the review of more than 500 individual complaints asserting violations of the rights protected under the Covenant. As a rapporteur for a number of significant cases, I helped to shape the Committee’s jurisprudence in various areas.
The Committee’s individual complaint procedure resembles the procedure of the European Court of Human Rights. My training as a judicial clerk in the 1990s, where I qualified for judicial office, was a great benefit as I performed this quasi-judicial function.
As a professor for public law, international law, and human rights law, I combine a comprehensive knowledge of German law with a profound command of comparative and international law, including the European and international human rights regimes. I regularly teach European and international human rights law, including Public International Law, International Dispute Settlement, as well as German Constitutional and Public Law. The domestic public law subjects include coverage of Fundamental and Civil Rights and administrative law.
In 2010, the German government commissioned me and three academic colleagues to conceptualize and, design plans for the International Nuremberg Principles Academy. This interdisciplinary institution is dedicated to the promotion of international criminal justice and human rights. The Academy develops programming and training that supports the fight against impunity for international crimes.
I have more than 20 years’ experience in human rights and public law, acquired in three different capacities: as member of the United Nations Human Rights Committee, as legal practitioner, and as a legal academic.
During my mandate, I participated in the review of the human rights situation in over 100 States parties, many of which are members of the Council of Europe. In this function, I have gained deep insights into the great variety of domestic legal orders. As a mandated Co-Rapporteur on Follow-up, I reviewed the implementation of our Concluding Observations and prepared the Committee’s Follow-up Report.
As an elected Vice-Chair, I presided over several proceedings of the Committee and I participated in steering and decision-making for the Committee. The latter work involved administrative responsibilities, including administrative supervision and budget decision. I also represented the Committee on various occasions, including at the UN level. Finally, I initiated and organised a joint meeting of our Committee with the European Court of Human Rights in July, 2016. At that meeting, Committee Members and Judges of the European Court of Human Rights discussed matters relevant for both human rights jurisdictions.
For many years, I have been an active legal practitioner, especially through my engagement in several rule of law initiatives. I contributed to a high priority report for the Chief Justice of South Africa that addressed administrative measures to be taken to protect judicial independence.
In co-operation with the Organization for Security and Co-operation in Europe, I directed a project on the independence of the judiciary that reviewed the judicial systems of OSCE participating states. That OSCE project allowed me to acquaint myself with the broad scope of different legal orders of a great variety of European states, including those of Central and Eastern Europe. The European Court of Human Rights referred to my study in its judgement Volkov v. Ukraine. The OSCE project also led to the Kyiv Recommendations on Judicial Independence in Eastern Europe, South Caucasus and Central Asia. These international standards have become the basis for several domestic rule of law reforms in the region.
In my efforts to render academic work practically relevant for the protection of human rights I have organised, in co-operation with the OSCE and the ECHR respectively, two major international conferences. These programs brought together scholars, judges and practitioners for joint conversations and debate. Several judges of the European Court of Human Rights, including former President Dean Spielmann, participated. They were joined by renowned legal scholars, Supreme Court judges, and practitioners from various Council of Europe member States. I partnered with then-Section President Mark Villiger from the European Court of Human Rights in convening and coordinating that program. In co-operation with the OSCE, I hosted an expert conference in the Ukraine, which discussed challenges and strategies to reinforce judicial independence in Eastern Europe, the South Caucasus, and Central Asia.
In past years, I have been invited regularly for presentations at conferences hosted by the European Court of Human Rights, the Inter-American Court of Human Rights, and the Council of Europe:
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Caritas Local Trust Fund for Women in Need, Community service, 1992-1997
I have published a large number of works in the field of Human Rights Law, International and Comparative Law (https://www.jura.uni-heidelberg.de/seibert-fohr/Publlications_en.html). Here is a selection of the ten most relevant books and articles related to human rights:
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Apart from my work in English and French on the UN Human Rights Committee, I occasionally acted as rapporteur for Spanish-speaking countries (passive knowledge).
Though, by virtue of my function in the Human Rights Committee and my foreign legal education, I meet the level of language proficiency in the official languages of the Council of Europe I am eager to continue immersing myself in both languages.
https://www.jura.uni-heidelberg.de/seibert-fohr/Person_en.html
I will take up permanent residence in Strasbourg if elected a judge on the Court.