I would like to inform you on the decision of the Croatian Government of 14 January 2021 concerning the candidates of the Republic of Croatia for a Judge of the European Court of Human Rights as follows:
Please find enclosed the decision by the government of 14 January 2021, as well as a report with a description of the procedure conducted and criteria for selecting three candidates of the Republic of Croatia for the position of judge at the European Court of Human Rights and their curriculum vitae.
In June 2020, the Secretary General of the Parliamentary Assembly of the Council of Europe (hereinafter: PACE) addressed the Republic of Croatia and reported that the mandate of the Croatian judge at the European Court of Human Rights, Ksenija Turković, expires on 1 January 2022. He stated that the PACE should conduct the selection of a judge in relation to the Republic of Croatia and called on the Republic of Croatia to submit a list of 3 candidates, referring to the conditions and the procedure that need to be followed. He also reminded of the role of the Advisory Panel of Experts which should be provided with a list of candidates prior to its submission to the PACE. Additionally, the Secretary General of the PACE stated that the election of a judge in relation to the Republic of Croatia was scheduled for the PACE session in June 2021 and that the PACE should be provided with the list of 3 candidates no later than 10 May 2021.
In accordance with the Decision of the Government of the Republic of Croatia on the Establishment of the Candidate Selection Commission of the Republic of Croatia for the position of judge at the European Court of Human Rights (OG 139/09, 95/2010 and 119/2011), on 29 October 2020 at the premises of the Ministry of Justice and Administration, the ninth session (the first in this candidate selection procedure; previous sessions were held in proceedings related to the selection of ad hoc judges in 2014 and 2019) of the Candidate Selection Commission of the Republic of Croatia for the position of judge at the European Court of Human Rights (hereinafter: Commission) was held.
The renewed Commission was composed of: Mr Damir Habijan, a representative of the Judiciary Committee of the Croatian Parliament, in the capacity of the chair of the Commission, Ms Snježana Bagić, Ph.D. in Law, judge of the Constitutional Court of the Republic of Croatia, member of the Commission, Mr Damir Kontrec, judge of the Supreme Court of the Republic of Croatia, member of the Commission, prof. dr. Vesna Crnić-Grotić, representative of law faculties, member of the Commission and Mr Ivan Crnčec, Assistant Minister of Justice and Administration, member of the Commission.
At this session of the Commission, the requirements which applicants for the position of judge at the European Court of Human Rights must fulfill have been determined: the applicants shall be of high moral character; they shall meet the requirements required to perform high judicial office or must be jurisconsults of recognised competence; they shall be under 70 years of age; they must undertake, if selected, to cease during their term of office, any activity which could be incompatible with their independence, impartiality or with the requirement of full-time service, in accordance with the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms. In addition to the above, a condition has been established that applicants should possess an active knowledge of one and a passive knowledge of the other official language of the Council of Europe, in accordance with the PACE Resolution 1646 (2009).
At the same time, the Commission found, in accordance with national legislation, that the requirements needed to perform high judicial duties were as follows: the applicant must have at least 15 years of work experience as a judicial official or the same number of years as an attorney at law or notary public, or the applicant must be a university professor of law, must have passed the bar exam and have at least 20 years of work experience and an established professional career in a certain field of law, including publishing professional and academic papers. The following requirements were also established for jurisconsults of recognised competence: the applicant must be perceived as a respectable legal professional in the professional and academic public with his/her papers and public contributions, must be a doctor of law and have at least 12 years of work experience or have a master's degree in law and have at least 15 years of work experience.
It was agreed that, among other things, it should be stated in the call for applications that persons of both sexes could apply equally, that applicants must enclose a curriculum vitae with a written application in accordance with the standardised CV form which is an integral part of the Parliamentary Assembly of the Council of Europe Resolution 1646 (2009), that the application should state their experience in the field of human rights, and that the Commission may (should it deem necessary) interview shortlisted applicants and conduct a test of knowledge of the official languages of the Council of Europe.
It was agreed that the period for submitting the application will be 30 days and that the call for application will be published in the Official Gazette and two daily newspapers – "Jutarnji list" and "Večernji list", as well as on the website of the Ministry of Justice and Administration. It was agreed that the notice of the published call for applications will be submitted to the courts, state attorney's offices, law faculties, the Notary Chamber and the Croatian Bar Association. It was also agreed that an expert- French and English language teacher would be hired to test the applicants' knowledge of foreign languages.
It was agreed that, in accordance with the recommendations of the Advisory Panel of Experts, when determining the list of three candidates of the Republic of Croatia for the position of judge at the European Court of Human Rights, the so-called „reserve“ candidate shall be determined as well. In case the Advisory Panel of Experts rejects the list submitted by the Republic of Croatia or if it gives an opinion that one of the proposed candidates does not meet the requirements, the reserve candidate will replace that candidate on a new list to be submitted to the Advisory Panel of Experts without repeating the national selection procedure.
It was agreed that a summary of the conclusions of the Commission from the sessions held will be published on the website of the Ministry of Justice and Administration, after each session held.
The call for applications for the election of a judge at the European Court of Human Rights was published in the Official Gazette 120/2020 of 4 November 2020 and two daily newspapers – "Jutarnji list" and "Večernji list" of 4 November 2020. The call for applications was also published on the website of the Ministry of Justice and Administration. The deadline for applying to the call for applications was 30 days from the day of publication.
The notice of the published call for applications was sent to all courts, state attorney's offices, law faculties, the Notary Chamber and the Croatian Bar Association, in order to encourage as many quality experts as possible to apply for the call for applications.
Seven people applied for the call for application, as follows (in alphabetical order): prof. dr. Davor Derenčinović, prof. dr. Zlata Đurđević, Denis Krajcar, Lovorka Kušan, Marin Mrčela, assist. prof. dr. Antonija Petričušić, and assoc. prof. dr. Snježana Vasiljević.
After the deadline for submitting applications for call for proposals, the Commission held two more sessions.
At the tenth session held on 14 December 2020, the members of the Commission were provided with the copies of the applications of candidates who applied for the call for applications for the selection of Croatian candidates for the position of judge at the European Court of Human Rights. It was determined that all submitted applications were complete and submitted within the deadline and that all candidates met the formal requirements specified in the call for applications. The Commission agreed on the next stages of the procedure, such as testing the knowledge of English and French for the candidates by a foreign language teacher and holding interviews with the candidates, as well as setting a deadline for further stages of the procedure. It was agreed that the candidates would be selected by secret ballot.
At the eleventh session of the Commission held on 30 December 2020, it was agreed that during the interview, all applicants would be asked the same questions, previously agreed by the Commission. All applicants were interviewed.
At the beginning of the interview with the applicants, the Chair of the Commission briefed the applicants about the manner in which the interview would be conducted. He noted that the interview was an important step in the evaluation of each applicant and informed them that each member of the Commission would ask questions that would be helpful in order to make a final decision. He stated that the applicants were expected to provide answers and views on all questions posed to them by the members of the Commission.
The focus of the interview was on knowledge of the case law of the European Court of Human Rights and implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms. The applicants answered a number of questions related to the role of the European Court of Human Rights, the relevant case law of this Court, both in relation to the Republic of Croatia and other States Parties to the Convention, as well as questions related to presenting their qualities and experiences which would make them successful candidate or judge of the European Court of Human Rights, if appointed to that position.
After the interviews, the foreign language teachers tested the knowledge of English and French of each candidate.
After the interviews with all applicants, the Commission withdrew to make a final decision on the selection of three candidates to be nominated by the Government of the Republic of Croatia to appoint them as candidates of the Republic of Croatia for the position of judge at the European Court of Human Rights. The Commission finally decided on the candidates’ proposal by secret ballot, by a majority vote. In several rounds of elections, the list of candidates was narrowed. Before each election, candidates were compared according to their applications, the performance during the interview and the established criteria.
By careful examination of all relevant facts, the Commission selected three applicants, according to the highest criteria of professional and academic excellence, legal expertise, moral reputation and social respect. The three selected candidates stood out with comprehensive knowledge of all aspects of the work of the European Court of Human Rights, broad knowledge of the case law of this Court, all segments of the protection of human rights (from the national and international law aspects), and consistent and clear views on the institutes of fundamental human rights.
The members of the Commission voted on the final list of candidates. The list was supported unanimously.
The members of the Commission adopted the final proposal on the selection of the following three applicants for the candidate of the Republic of Croatia for the position of judge at the European Court of Human Rights, as follows: prof. dr. Davor Derenčinović, Lovorka Kušan and Marin Mrčela. As a reserve candidate, and in accordance with the recommendation of the Advisory Panel of Experts, prof. dr. Zlata Đurđević, was proposed.
The Commission concluded that the entire selection procedure was carried out within the framework of the following regulations adopted by the Parliamentary Assembly of the Council of Europe and the Committee of Ministers on the selection of candidates for judges of the ECtHR – Resolutions 1646 (2009), 1366 (2004), 1426 (2005), 1627 (2008), 1841 (2011), 2002 (2014), 2278 (2019), 2248 (2018), CM/Res (2009)5, Recommendation 1649 (2004), Guidelines of the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights of 29 March 2012, as amended by CM/Del/Dec (2014)1213/1.5. The principles and criteria for conducting the competition and selection of candidates for the position of judge of the Republic of Croatia at the European Court of Human Rights contained in the above regulations were respected during the conducted procedure.
In selecting the candidates, the Commission was guided by the criteria of the highest professional, public and moral integrity of the applicant, and the results of the interview.
The Commission agreed to submit to the Government of the Republic of Croatia a proposal for a list of candidates of the Republic of Croatia for the position of the judge at the European Court of Human Rights, as well as the so-called reserve candidate, to decide on it.
In January 2021, the Government of the Republic of Croatia received the proposal of the Commission on the selection of candidates, together with the curricula vitae of all persons who applied to call for applications.
At the session held on 14 January 2021, the Government of the Republic of Croatia adopted the Decision on the candidates of the Republic of Croatia for the position of judge at the European Court of Human Rights. By the aforementioned Decision, and in accordance with the proposal of the Commission, as candidates of the Republic of Croatia for the judge at the European Court of Human Rights the following candidates were elected:
As a reserve candidate of the Republic of Croatia for a judge at the European Court of Human Rights prof. dr. Zlata Đurđević was elected.
In February 2021, the Republic of Croatia sent to the Advisory Panel of Experts the curricula vitae of the selected candidates as well as the Report describing the procedure and criteria for selecting three candidates of the Republic of Croatia for a judge at the European Court of Human Rights and in March 2021 received its opinion.
Name, forename: Derenčinović, Davor
Sex: Male
Date and place of birth: 7 August 1970, Zagreb
Nationality: Croatian
Further academic training received at the following institutions (where I was also an invited lecturer):
I have been on the list of the Ad hoc judges of the European Court of Human Rights since 2010, with the renewal of my mandate in 2019 (Decision of the Government of the Republic of Croatia, 11 July 2019). The election to this position determined the fulfillment of the conditions from Article 21. par. 1. of the European Convention for the Protection of Human Rights and Fundamental Freedoms (The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence).
I actively participated in criminal and other proceedings by giving legal opinions in the field of criminal law and human rights law at the request of the parties to the proceedings or at the invitation of the court. Under Croatian legislation, I am registered as an expert with the Croatian Bar Association to provide legal opinions and advice in the field of criminal law and human rights law.
Baker and McKenzie is one of the world's largest and most-reputable law firms engaged in, among other things, legal representation in international commercial arbitration. In the arbitration proceedings before ICSID, I was hired as a legal expert witness to prepare legal analysis and to testify on certain provisions of Croatian criminal legislation and their application to a specific case.
At the Royal Canadian Mounted Police request, I participated in disciplinary proceedings as a legal expert and prepared legal analysis about certain provisions of Croatian criminal legislation and their application to a specific case.
I was substituting the President of the State Attorney's Council and, in the capacity of the President of the Council, conducting hearings in disciplinary proceedings against the Deputy State Attorneys. I participated in all other proceedings as a member of the Council. These proceedings are governed by the provisions of the Code of Criminal Procedure.
Previous employment
Lecturing at academic institutions
As a long-term teacher at the Faculty of Law, University of Zagreb, I taught thousands of hours at the graduate and postgraduate level in courses that deal specifically or partially with human rights law:
In addition to the Zagreb Faculty of Law, I was a visiting lecturer at several undergraduate, graduate, and postgraduate (specialist and doctoral) studies at home and abroad:
In addition to teaching courses that cover numerous aspects of human rights protection at colleges, I also held a series of invited lectures and presentations at domestic and international scholar and professional conferences (for some institutions where I gave invited lectures, see supra II, and for a comprehensive overview see http://bib.irb.hr, under Derenčinović, Davor).
Of the non-legal professional activities, I emphasise the ongoing commitment to promote lifelong learning of lawyers and education of law students from different parts of the world at the Interuniversity Center in Dubrovnik on crime prevention, security studies, and human rights. I demonstrated my ability to lead a premier educational organisation by heading the oldest postgraduate study in legal sciences in the Republic of Croatia (criminal law) for almost ten years. I was also holding the position of Vice Dean for International Cooperation and Science at the Faculty of Law, University of Zagreb who was in charge of concluding collaboration agreements on student exchange with many prestigious universities from all over the world.
Twenty-five years of experience in the field of human rights law through various international organisations, primarily the Council of Europe, scientific projects, legislative drafting and teaching.
GRETA was established by the Council of Europe Convention on Action against Trafficking in Human Beings. GRETA's function as a body composed of 15 experts, persons of high reputation and expertise elected by the Committee of the Parties, is to evaluate the implementation of the Convention by State Parties (47). The Convention provides for the unique system of protecting victims of trafficking and guarantees respect for their fundamental human rights to freedom and dignity. As a member of GRETA, I participated in a number of evaluations, country visits and report preparation. As Vice-President and President, I have worked with the Committee of the Parties, European Court of Human Rights, General Secretary of the Council of Europe, Committee of Ministers of the Council of Europe, Parliamentary Assembly of the Council of Europe, European Parliament and number of international and non-governmental organisations (UN, OSCE, La Strada International) on issues related to the implementation of the Convention and other mechanisms for protecting the rights of victims of trafficking on a global and regional level. As an interested third party, GRETA has on several occasions participated in proceedings before the European Court of Human Rights where violation of Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms was claimed.
Criminal Code, Misdemeanor Code, Law on Responsibility of Legal Persons for Criminal Offences, Law on Office for Suppression of Corruption and Organised Crime, Law on Legal Consequences of Conviction, Rehabilitation and Giving Data from Criminal Record, Law on Implementation of Directive on European Public Prosecutor, Law on Suppression of Discrimination, Law on Prevention of the Conflict of Interest in Performing Public Duties.
A member of the academic community in the body that protects the human rights of persons deprived of liberty (detainees, prisoners, persons with mental disabilities, etc.) at the Ombudsman Office. Experience working with the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Postdoctoral research at a prestigious institution and collaboration with Professor M. Cherif Bassiouni, who is considered a leading expert in international criminal law and an advocate of the later established International Criminal Court. For his contribution in the field of international human rights law, Bassiouni was nominated for the Nobel Peace Prize in 1999. I took part in a number of projects aimed at strengthening the rule of law and protection of human rights in the Middle East. The result of the research is the book "Essays on Terrorism and Anti-Terrorism".
The representative of the Republic of Croatia on the Committee in charge of coordinating the activities of the Council of Europe in the context of the fight against terrorism. Participation in the drafting of the Council of Europe Convention on the Prevention of Terrorism (CETS 196).
The representative of the Republic of Croatia on the expert body (predecessor of CODEXTER) in charge of coordination of the activities of the Council of Europe in the context of the fight against terrorism. Participation in the drafting of the Protocol amending the European Convention on the Suppression of Terrorism (CETS 190).
Participation in the work of the expert group (predecessor of GRECO) that prepared the Council of Europe Program of Action against Corruption, as well as the Criminal Law Convention on Corruption (CETS 173) and the Civil Law Convention on Corruption (CETS 174).
As a prominent lawyer, I have held various positions in the highest state bodies – the Croatian Parliament, the Government of the Republic of Croatia and the Office of the President of the Republic of Croatia. The thematic areas of my work in this context were: combating corruption and preventing conflict of interest, promoting ethical standards of participants in national and European elections, pardons of convicted persons (advisory body of the President of the Republic of Croatia), appointments, dismissals and disciplinary proceedings against state attorneys and their deputies, participation in legislative activity through membership in the Committee for Legislation of the Croatian Parliament and provision of professional assistance in cooperation of the Government of the Republic of Croatia with international criminal tribunals.
I was elected to a number of leading positions within the legal profession. I am one of the founders of the Croatian Academy of Legal Sciences, where I currently hold the position of president. It is a reputable professional organisation that brings together more than 140 Doctors of Law from the Republic of Croatia, mostly law professors with life tenure. I am also affiliated with the Croatian Academy of Sciences and Arts through my membership in the Executive Board of the Scientific Council for Public Administration, Judiciary and the Rule of Law. I gained the trust of the university teachers of the oldest university in Croatia (University of Zagreb – slightly less than 20 000 teachers and scholars) by being elected for the president of the Society of University Teachers and Other Scholars in Zagreb, which in 2019 marked 100 years since its founding. At the University of Zagreb, I also served as president of one of the most important bodies, the Statutory Committee. I was also holding the position of a member of the Field Committee for Legal Sciences in charge of the career advancement of those who teach law courses at the universities. In accordance with the Law on Science and Higher Education, only world-renowned scholars may be elected as members of the field committees (Article 19, paragraph 4). I have been active in promoting the social doctrine of the Catholic Church through membership in the Commission Iustitia et pax of the Croatian Bishops Conference. As a prominent lawyer, I also serve as a representative of the Croatian Bishops Conference in COMECE Legal Commission (Commission of Bishops Conferences of the European Union). I also served as president of the Croatian Association for Criminal Sciences and Practice, the oldest national professional association in criminal law, bringing together eminent Croatian legal scholars and practitioners dealing with criminal law. The Croatian Association for Criminal Sciences and Practice is a national branch of the International Association for Penal Law (IAPL/AIDP).
I have never been a member of a political party nor movement.
I have led a number of competitive research projects in the field of criminal law, criminology, international criminal law and human rights law. I am the only scholar in the field of law in the Republic of Croatia to be approved by the Croatian Science Foundation for funding two consecutive scientific projects, one of which is currently being implemented (Innocence Project in Croatia – renewal of criminal proceedings based on DNA analysis not available at the time of trial – one of the first interdisciplinary projects of its kind in Southeast Europe that brings together renowned legal and forensic scholars). Other activities include membership in the editorial boards of scientific and professional journals in Croatia and abroad and the position of expert advisor (consultant) of renowned organisations of the United Nations (UNODC, UNDP) and private consulting companies participating in the implementation of European competitive projects (Ecorys). As a member of the working groups of the Government of the Republic of Croatia, I participated in negotiations with the European Commission in the chapters relating to justice, home affairs and human rights, which resulted in Croatia's membership in the European Union.
Five author's books, three editorial books, twenty-two book chapters, ten textbooks and more than one hundred and sixty scientific and professional papers (including abstracts from scientific and professional conferences) in the field of criminal law and human rights law (full list is available at http://bib.irb.hr, under Derenčinović, Davor). In my opinion this is the list of the 10 most-significant papers dealing with human rights law and European Court of Human Rights' jurisprudence, most of which are written in English:
|
Language |
Reading |
Writing |
Speaking |
||||||
|---|---|---|---|---|---|---|---|---|---|
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language: |
|||||||||
|
Croatian |
x |
x |
x |
||||||
|
b. Official languages: |
|||||||||
|
English |
x |
x |
x |
||||||
|
French |
x |
x |
x |
||||||
|
c. Other languages: |
|||||||||
|
N/A |
|||||||||
I hereby confirm my intention to enroll in intensive language courses before, and if necessary, at the beginning of my term if I am elected as a judge of the Court.
Holder of the Award of the Society of University Teachers and Other Scholars in Zagreb to young scientists for the best book in the field of social sciences, "Myth (about) corruption" (2001), and the Award of the Foundation dr.sc. Jadranko Crnić for the best book in the field of law, "Theory of joint criminal enterprise – challenges and controversies" (co-author, 2012).
Pro bono lectures. Media appearances (topics: criminal law, criminology and protection of human rights). Excellent computer skills, advanced use of presentation tools (Prezi, Ultimate MindMap etc.). Homeland War Veteran. Holder of the Homeland War Memorial.
I have been continuously dealing with human rights in my lecturing, research and practical work for 25 years. I also have almost 25 years of experience working in the Council of Europe, which coincides with the Republic of Croatia's accession to this important organisation that promotes the rule of law, democracy, and human rights (November 6, 1996). I have participated in various expert committees of the Council of Europe as a national expert in drafting international conventions in the field of criminal law and human rights protection (Criminal Law Convention on Corruption, Civil Law Convention on Corruption, Protocol amending the European Convention on the Suppression of Terrorism, Council of Europe convention on the Prevention of Terrorism).
I have been on the list of Ad hoc judges of the European Court of Human Rights (since 2010 with renewal of mandate in 2019). I am the President of the Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA) where I was elected for two terms (2009-2012 /vicepresident 2011-2012/ and 2017-2020 /president 2019-2020). Previously, I was also very active in various Council of Europe expert bodies dealing with the prevention of crime and the protection of human rights (member of the European Committee on Legal Cooperation, CDCJ, 2008-2009; member of the Bureau of the Council of Europe Committee of Experts on Terrorism, CODEXTER, 2003-2004; member of the Council of Europe Multidisciplinary Group on International Action against Terrorism, GMT, 2001-2003; Member of the Council of Europe Multidisciplinary Group on Corruption, GMC, 2000)
In Croatia, I was appointed a member of the National Preventive Mechanism for the Prevention of Torture (2012-2014). As a head and member of expert groups, I participated in drafting legislation in the field of criminal law and human rights protection. I am the author of many (almost 200) scientific and professional papers and books in criminal law and human rights law. I have studied at prestigious international institutions, including Fulbright's postdoctoral research and work on international human rights projects at the International Human Rights Law Institute, DePaul University College of Law, Chicago (2004-2005). I have many years of collaborative (teamwork) experience in advocating human rights protection nationally and internationally.
Under the provisions of Article 21, paragraph 1 of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, I am a person of high moral character. A university professor in legal sciences with life tenure, prominent legal scholar, holder of many public and elected positions and professional awards and human rights advocate through membership and leadership of domestic and international human rights bodies, scientific research, and teaching.
I meet Article 21 (1) requirements of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms. I was elected to the highest judicial office (Ad hoc judge of the European Court of Human Rights). I also meet the conditions for election to high judicial services in the country (e.g., for a judge of the Constitutional Court under Article 5 of the Constitutional Act on the Constitutional Court of the Republic of Croatia). In the general public and among scholars, I enjoy the reputation of a prominent legal expert. I have a Ph.D. and twenty-five years of working experience (I have been employed at the Zagreb Faculty of Law since 1995 where I acquired my Ph.D in 2000). I am a jurisconsult of recognised competence.
I was born on August 7, 1970 in Zagreb and, at the time of applying, I am fifty years old (see certificate of citizenship attached).
I have active knowledge of the official languages of the Council of Europe – English (first working language) and French (second working language) (see certificates of English and French languages attached).
I undertake that, if elected Judge of the European Court of Human Rights, I shall not engage, during my term of office, in any activity which is incompatible with my independence, impartiality or with the demands of a full-time office under Article 21 (3) of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms.
I confirm that my place of residence will be in Strasbourg if I am elected a judge of the European Court of Human Rights.
Name, forename: Kušan, Lovorka
Sex: Female
Date and place of birth: 7 April 1968, Zagreb, Croatia
Nationality: Croatian
June 2016 – Judge at the Constitutional Court of the Republic of Croatia
One of candidate's priorities as a judge at the Constitutional Court, has been, in accordance with the principle of subsidiarity, to enhance and establish the remedial power of the constitutional complaint in terms of violations of constitutional rights and rights protected under the European Convention on Human Rights, especially regarding alleged violations of Articles 2, 3, 5, 6, 8 and 10 of the European Convention. The enhancement of the constitutional complaint's effectiveness was noted by the European Court of Human Rights (see e.g. Kušić and others v. Croatia (dec.), no. 71667/17, 10 December 2019, §§ 82-99). In order to achieve this, she did not hesitate to draft and append dissenting opinions (see e.g. U-IIIBi-886/2018, 10 July 2018 – opinion noted by the ECtHR in Kušić and others v. Croatia, § 51).
For other activities before domestic courts and the European Court for Human Rights, see non-judicial legal activities below.
The candidate enjoys over 20 years of legal experience before Croatian courts of all instances (in civil, criminal and administrative cases) and before the European Court of Human Rights. She has always striven to infuse her legal submissions with relevant principles stemming from the European Court’s jurisprudence (and other international mechanisms for human rights protection), as well as file applications with the European Court. This in turn required her familiarization with the European Court’s jurisprudence in a variety of fields and themes. For the same reasons, she is familiar also with the Rules of the Court and has followed closely the evolution of the European Convention on Human Rights system.
Selected cases before the European Court of Human Rights:
. Šečić v. Croatia, no. 40116/02, 31 May 2007
. Beganović v. Croatia, no. 46423/06, 25 June 2009
. Oršuš and Others v. Croatia [GC], no. 15766/03, 16 March 2010
. Đurđević v. Croatia, no. 52442/09, 19 July 2011
. X and Y v. Croatia, no. 5193/09, 3 November 2011
. A.K. and L. v. Croatia, no. 37956/11, 8 January 2013
. Vrzić v. Croatia, no. 43777/13, 12 July 2016*
. Cindrić and Bešlić v. Croatia, no.72152/13, 6 September 2016*
. Travaš v. Croatia, no. 75581/13, 4 October 2016*
. K.B. and others v. Croatia, no. 36216/13, 14 March 2017*
. Škorjanec v. Croatia, no. 25536/14, 28 March 2017*
. Hoti v. Croatia, no. 63311/14, 26 April 2018*
(* the candidate withdrew from the case before the pronouncement of the judgment following her appointment to the Constitutional Court)
None
None
None
None in the last 25 years. Member of the Croatian Social Liberal Party and twice its candidate for the parliamentary elections in the early 1990s.
None
Selected publications in Croatian:
|
Language |
Reading |
Writing |
Speaking |
||||||
|---|---|---|---|---|---|---|---|---|---|
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language |
|||||||||
|
Croatian |
x |
x |
x |
||||||
|
b. Official languages |
|||||||||
|
English |
x |
x |
x |
||||||
|
French |
x |
x |
x |
||||||
|
c. Other languages |
|||||||||
|
German |
x |
x |
x |
||||||
I hereby confirm my intention to follow intensive language classes of French prior and also at the beginning of my term of duty if elected a judge on the Court.
None
I hereby confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: Mrčela, Marin
Sex: Male
Date and place of birth: 25 February 1962, Zagreb, Croatia
Nationality: Croatian
For the past 15 years, I have been actively involved in the Civic Education organised by the Education and Teacher Training Agency of the Republic of Croatia. As of 2018 I am the President of the State Commission for the Mock Trial Competition.
I am the co-author of the book “Legal Terminology and Croatian Language” and the co-author of the training manual “The Usage of the Croatian Standard Language in the Decisions of the Judicial Bodies” which I have been regularly teaching at the Judicial Academy since 2015.
Professional associations.
Over 60 publications.
Books:
Articles:
|
Language |
Reading |
Writing |
Speaking |
||||||
|---|---|---|---|---|---|---|---|---|---|
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language: |
|||||||||
|
Croatian |
X |
|
|
X |
|
|
X |
|
|
|
b. Official languages: |
|||||||||
|
English |
X |
|
|
X |
|
|
X |
|
|
|
French |
|
|
X |
|
|
|
|
|
|
|
c. Other languages: |
|||||||||
|
German |
|
X |
|
|
|
X |
|
|
X |
I hereby confirm that I will follow intensive French language classes if elected a judge on the Court.
I hereby confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.