Election of judges to the European Court of Human Rights
List and curricula vitae of candidates submitted by the Government of Austria
Communication
| Doc. 15948
| 26 March 2024
- Author(s):
- Secretary General of the Parliamentary Assembly
- Origin
- The
curriculum vitae are presented and published as submitted by the
Government of Austria. 2024 - Second part-session
1 List
and curricula vitae of candidates submitted by the Government of
Austria
Letter from Ms Aloisia Wörgetter,
Ambassador Extraordinary and Plenipotentiary, Permanent Representative of
Austria to the Council of Europe, to Ms Chatzivassiliou-Tsovilis,
Secretary General of the Parliamentary Assembly, dated 5 March 2024.
With reference to your letter dated 1 February 2023, I am
honoured to inform you that the Federal Government of Austria decided
to nominate the following three candidates for the election as judge
to the European Court of Human Rights in respect of Austria (in
alphabetical order):
- Mr Gregor
HEISSL
- Ms Ursula KRIEBAUM
- Ms Brigitte OHMS
[…]
This list of candidates together with the report of the Austrian
national Selection Committee was approved by the Austrian Federal
Government on 20 December 2023.
[…]
2 Information
on national selection procedure for the position of a judge of the
European Court of Human Rights
2.1 Background
1. The term of office of the incumbent
Austrian judge at the European Court of Human Rights (ECtHR), Univ.-Prof.
Dr. Gabriele Kucsko-Stadlmayer, ends on 31 October 2024. In accordance
with Article 22 of the European Convention on Human Rights (ECHR),
the judges are elected by the Parliamentary Assembly (PA) of the
Council of Europe (CoE) by a majority of votes from a list of three
candidates proposed by the respective Contracting State. In a letter
dated 1 February 2023, the Secretary General of the PA invited the
Republic of Austria to submit a list of three Austrian candidates
to the General Secretariat of the PA by 13 May 2024.
2. Before the election at the PA, Austria must submit its list
of three candidates, including all necessary documents, to the Advisory
Panel of Experts on Candidates for Election as Judge to the European
Court of Human Rights (Panel of Experts) for examination by 13 February
2024 at the latest. The documents required include – in addition
to detailed CVs of the candidates – a comprehensive description
of the oral hearing and the national selection procedure so that
the Panel of Experts may fully assess the national list of three candidates.
3. The Panel of Experts has been established by the Committee
of Ministers of the CoE. Its seven members are composed of representatives
of the highest courts of the Contracting States, former judges of international
courts, including the ECtHR, and other jurists of the highest competence.
The task of the Panel of Experts is to support the Contracting States
in the procedure for drawing up their list of three candidats so that
the candidates fulfil the requirements for the office set out in
Article 21 of the ECHR in particular.
4. The Committee of Ministers of the CoE itself has set out key
criteria of "fairness and transparency" for the preparation of the
list of three candidates, which the national procedure must fulfil.
Important criteria listed are the type of qualifications, including
language skills in at least one of the two official languages of
the ECtHR, experience and qualities required of the candidates,
including personal qualities such as independence and impartiality,
the procedure applied by the national selection panel, sufficient
application deadlines, transparent rules for the national selection
procedure, the selection criteria applied at national level and
the transparency of these criteria.
2.2 Selection
procedure
2.2.1 Call
for applications and submissions thereto
5. The call for applications for
a vacant position as an Austrian judge at the ECtHR was published
on 9 September 2023 on the electronic announcement and information
platform (EVI) of the Federal Government (i.e. digital Official
Gazette of the Republic of Austria). On the same day, a paid announcement
was also published in the print and online editions of the Austrian
daily newspapers "Die Presse" and "Der Standard". In addition, the
law faculties of all Austrian universities were requested by letter
to publicise the call for applications.
6. The application period of four weeks ended on 7 October 2023.
A total of eight applications were received by the BMEIA in electronic
form before the application deadline. On 23 November 2023 one application
was withdrawn for personal reasons. The Selection Commission therefore
examined seven applications in the selection procedure.
2.2.2 Selection
Commission
7. In its decision of 13 September
2023 (see Item 12 of Resolution Minutes No. 69), the Federal Government
reaffirmed its intention to carry out a fair and transparent national
selection procedure that meets all the requirements of the ECHR
and the institutions of the CoE. To this end, the Federal Government
has entrusted a Selection Commission with the task of organising
the procedure for drawing up a list of three candidates to replace
a judge at the ECtHR. The Federal Chancellor, the Vice-Chancellor,
the Federal Minister for European and International Affairs and
the Federal Minister of Justice appointed one member of the Selection
Commission each. The persons selected were highly qualified lawyers
capable of ensuring that the candidates fulfil the requirements
of Article 21 of the ECHR.
8. All decisions of the Selection Commission were to be unanimous,
abstentions permitted. The Commission's tasks included: the written
evaluation of all applications received by the deadline; the organisation
of a hearing and the timely preparation of a list of three candidates
for the Federal Government. […]
9. The following persons were appointed as members of the Selection
Commission (in alphabetical order):
- Dr. Konrad Bühler, Ambassador, Head of the International
Law Office at the Federal Minister for European and International
Affairs
- Prof. Dr. Daniel Ennöckl, LL.M., University of Natural
Resources and Life Sciences, Vienna
- Dr. Albert Posch, LL.M., Head of the Constitutional Service
at the Federal Chancellery
- Dr. Ingrid Siess-Scherz, Member of the Constitutional
Court
10. The Selection Commission met on 20, 21 and 24 November 2023
for consultations and to conduct the oral hearing. At the constituent
meeting of the Selection Commission on 20 November 2023, Amb. Dr.
Konrad Bühler was appointed chairperson. The Commission also established
that there were no important reasons beyond collegial contacts that
could cast doubt on the impartiality of the Commission members.
11. At the meeting on 20 November 2023, the Selection Commission
also discussed the criteria for the national selection procedure
and determined that, in addition to the requirements of Article
21 of the ECHR (paragraph 1: high moral character; requirements
for the exercise of high judicial office or jurisconsults of recognised
competence; paragraph 2: age less than 65 years on the cut-off date;
paragraph 3: judicial office in their individual capacity; paragraph
4: no incompatibilities; independence and impartiality), the selection criteria
of the Advisory Panel of Experts of the CoE should be the basis
for the Selection Commission's assessment (see “A short guide on
the Panel's role and the minimum qualifications required of a candidate”, Doc. SG-AS
(2023) 01rev01 (17 January 2023), see https://assembly.coe.int/LifeRay/CDH/Pdf/GuideRoleQualification-EN.pdf).
These criteria include relevant professional experience (judicial
and/or other, by level, type and duration), language skills in at
least one of the two official languages of the ECtHR, motivation,
knowledge and experience about the CoE and the ECtHR system, clarity
and precision of thought and expression, as well as judgement and
other specific skills. The criteria were brought to the attention
of the candidates.
12. The Selection Commission also discussed the objective of strengthening
gender equality: According to the provisions of the CoE, the list
of three candidates submitted by the Contracting States must include
in principle at least one man and one woman. However, due to the
existing under-representation of women at the ECtHR (currently 35%),
it is possible to deviate from this, and the list of three submitted
by Austria may also include three women. In this sense, the Selection
Commission also took into account the general requirement to promote
women, according to which female applicants who are equally qualified
for the respective function to the best qualified male competitor
are to be given priority.
13. At the meeting on 21 November 2023, the Selection Commission
examined all written application documents received, including the
formal requirements, and carried out a preliminary assessment of
the applications. Furthermore, the modalities and conduct of the
oral interview following a standardised format were discussed as
well as the selection of standardised questions for all candidates
was determined. It was specified that at least one question would
be asked in English and one in French, which must be answered in one
of the two foreign languages.
2.2.3 Oral
Hearing
14. On 24 November 2023, the Selection
Commission held an oral interview with the seven candidates on the
premises of the Federal Chancellery / Constitutional Service with
the aim of gaining a personal impression of the candidates and their
fulfilment of the criteria for the ECtHR position. The interview
with each candidate lasted around 25 minutes. At the beginning,
all candidates were given the opportunity of an introductory statement
of 5 minutes to present themselves, their application and their
motivation.
15. This was followed by two rounds of questions. The questionnaire
in the first round of questions related to the candidates' personality,
qualifications and motivation; in the second round of questions,
specialised issues on legal topics were examined. In order to objectify
and compare the respective answers, the first questions were standardised,
complemented on a case-by-case basis by questions relating to the
respective person and their career or qualifications.
16. Questions were also asked in English and French to assess
language skills. Candidates were free to answer these questions
in one of these two foreign languages. Passive comprehension was
sufficient for the questions in the other foreign language.
2.3 Evaluation
by the Selection Commission (list of three candidates)
17. After examining the application
documents and conducting the oral hearing, the Selection Commission met
on 24 November 2023 to evaluate the applications of all candidates.
18. The Selection Commission unanimously came to the conclusion
that in light of the selection criteria the following three candidates
are most suitable and best qualified for the office of judge at
the ECtHR and should therefore be included in the list of three
to be forwarded to the CoE Committee of Experts (in alphabetical order):
- Dr. Gregor Heißl, E.MA
- Prof. Dr. Ursula Kriebaum
- Dr. Brigitte Ohms
Appendix 1 – Curriculum
vitae of Gregor HEISSL
I. Personal details
Name: HEISSL, Gregor
Sex: male
Date and place of birth: on 7 August 1978 in Innsbruck, Austria
Citizenship: Austrian
II. Education and
academic and other qualifications
01/16: Habilitation at the University of Innsbruck for Constitutional
Law and Administrative Law (Priv.-Doz.)
- Habilitation Thesis: “Grundrechtskollisionen am Beispiel
von Persönlichkeitseingriffen sowie Überwachungen und Ermittlungen
im Internet” [Fundamental Rights Collisions Using the Example of Privacy
Interferences as Well as Surveillance and Investigations on the
Internet]
- Habilitation Lecture: “Polizeiliches Staatsschutzgesetz”
[Police State Protection Act]
09/05–09/06: European Inter-University Centre in Venice, Italy-Irish
Centre for Human Rights in Galway, Ireland
- European Masters’ Programme in Human Rights and Democratisation
(E.MA)
- Thesis: “EU Refugee Camps Outside of Europe: Salvation
or Nightmare?”
10/03–06/04: University of Innsbruck, PhD Studies in Law (Dr.
iur.) – cum laude
- Dissertation:
“Menschenrechtliche Schranken der Polizeigewalt” [Human Rights Barriers
for Law Enforcement]
03/98–10/03: University of Innsbruck
01/02–06/02: Erasmus semester abroad in Milan, Italy
- Exams (in Italian): International
Law and European Union Law
III. Relevant professional
activities
a. Description of
judicial activities
- Since
07/20: Administrative Court of Tyrol – Judge (Human Rights Complaints,
Epidemic Law, Construction Law) – Member of the Distribution Committee
(since 2022)
- 10/17–06/20: Administrative Court of Salzburg – Judge
(Human Rights Complaints, Gambling Law)
b. Description of
non-judicial legal activities
- Since
10/17: University of Innsbruck – Institute of Public Law, State
and Administrative Studies – Senior Lecturer and Examiner
- 01/15–12/17: Private university in the Principality of
Liechtenstein – Head of the PhD Studies in Law (Dr. iur.) (20%)
- 02/11–09/17: University of Innsbruck – Institute of Public
Law, State and Administrative Studies – University
Assistant (Postdoc)
- 09/07–01/11: University of Vienna – Institute of Public
and Administrative Law – University Assistant (Postdoc)
- 03/07–08/07: University of Innsbruck – Institute of Public
Law, State and Administrative Studies – Project Researcher
c. Fellowships
- 09/16–10/16: Court of
Justice of the European Union, Luxembourg
- 07/13–08/13: National University of Ireland, Galway –
Irish Centre for Human Rights (funded by Austrian Society for Scientific
Support)
- 08/10–10/10: University of California, Berkeley, United
States – Institute for European Studies – Marshall Plan Scholarship
- 03/09–04/09: University of New South Wales, Sydney, Australia
– Australian Human Rights Centre (fund. Austrian Society for Scientific
Support)
IV. Activities and
experience in the field of human rights
- Since
01/24: Equal treatment commission of Tyrol – Member
- Since 07/20: Administrative
Court of Tyrol – Judge for Human Rights Complaints
- 10/17–06/20: Administrative Court of Salzburg – Judge
for Human Rights Complaints
- 11/20–06/23: Conciliation body regarding the participation
act of Tyrol – Chairman
- 01/16: Habilitation at the University of Innsbruck (Thesis
on fundamental rights collisions using the example of privacy interferences,
as well as surveillance and investigations on the Internet)
- 11/13–08/19: Tyrolian Monitoring Committee on the UN Convention
on the rights of persons with disabilities – Representative for
Human Rights
- 01/12: Association Initiative Human Rights – founding
Member
- Since 08: Universities of
Vienna and Innsbruck – Lecturer in Constitutional Law
- 09/05–09/06: European Master in Human Rights and Democratisation
(Thesis on EU refugee camps outside of Europe)
- 10/03–06/04: PhD Sudies in Law at the University of Innsbruck – cum laude (Dissertation on Human Rights
barriers for law enforcement)
- Since 01/04: Voluntary legal
council for refugees in Innsbruck
V. Public office
- Since
01/24: Member of the Equal Treatment Commission of Tyrol
- Since 07/20: Judge at the
Administrative Court of Tyrol
- 10/17–06/20: Judge at the Administrative Court of Salzburg
- 11/20–06/23: Chairman – Conciliation body regarding the
participation act
- 11/13–08/19: Representative for Human Rights at the Tyrolian
Monitoring Committee on the UN Convention on the Rights of Persons
with Disabilities
VI. Other activities
- Since
10/16: Member of the Association of German constitutional law teachers
- Since 04/09: Member of the
Board of Advisors of the Vienna Journal on international constitutional
law (ICL journal)
VII. Publications
and other works
a. Books published
- Grundrechtskollisionen
am Beispiel von Persönlichkeitseingriffen sowie Überwachungen und Ermittlungen
im Internet (2017, Verlag Österreich, 594 pages) [Fundamental Rights
Collisions Using the Example of Privacy Interferences as Well as
Surveillance and Investigations on the Internet]
- Überwachungen und Ermittlungen im Internet: Sicherheitspolizei
– Militärische Nachrichtendienste – Kriminalpolizei (2017, Verlag
Österreich, 176 pages) [Surveillance and Investigations on the Internet: Security
Police – Military Intelligence Services – Criminal Police]
- Persönlichkeitseingriffe im Internet: Einfachgesetzlicher
Rahmen (2017, Verlag Österreich, 80 pages) [Privacy Interferences
on the Internet: Legal Framework]
- Polizeiliches Staatsschutzgesetz (2016, MANZ, 159 pages)
[Police State Protection Act]
b. Books edited
- Staatsschutz- und Nachrichtendienstgesetz
(2023, MANZ, 317 pages) (with Alexander
Figl) [State Protection and Intelligence Service Act)
- Handbuch Menschenrechte (2009, facultas.wuv, 634 pages)
[Handbook Human Rights]
c. Most important
titles out of 80 articles and book chapters
- Human Rights Collisions,
European Human Rights Law Review 2016, 34–47
- The EU’s Accession to the ECHR – Recent Developments together
with Remarks on the Relationship between the ECJ and the ECtHR,
in Benedek/Benoît-Rohmer/Karl/ Kettemann/Nowak (eds), European Yearbook
on Human Rights 2014 (2014) 301–310
- Jurisdiction for Human Rights Violations on the Internet,
European Journal for Law and Technology 2011/1 (15 pages)
- Family Protection and Deportation or Removals: The Relevance
of the Protection of Family Life for the Assessment of Deportations
or Removals in Australia, Vienna Journal on International Constitutional Law
2010, 58–76
VIII. Languages
a. First language
- German: very good reading,
very good writing, very good speaking
b. Official languages
- English: very good reading,
very good writing, very good speaking
- French: very good reading, fair writing, fair speaking
c. Other languages
- Italian: very good reading,
good writing, good speaking
- Spanish: good reading, fair writing, fair speaking
IX. Intention to
attend language classes
I intend to take intensive language classes in French prior
to, and if necessary also after commencing, my term of duty if elected
as Judge to the Court.
X. Other relevant
information
- 05/23: Short-listed
for President at the Administrative Court of Tyrol
- 11/16: Dr. Otto Seibert Scientific Prize of the University
of Innsbruck
- 07/16: Short-listed for professorship of European and
international data and information law (W3) at the University of
Passau
- 02/16: Short-listed for professorship of public law, IT
law and legal informatics (W3) at the University of Passau
XI. Intention to
take up permanent residence in Strasbourg
Due to my internationality, which my wife also shares, we,
as a family, would be happy to live in Strasbourg for nine years.
Appendix 2 – Curriculum
vitae of Ursula KRIEBAUM
I. Personal details
Name: KRIEBAUM, Ursula
Sex: female
Date and place of birth: on 5 August 1971 in Vienna, Austria
Nationality: Austrian
II. Education and
academic and other qualifications
Faculté de Droit et de Science Politique de l'Université de
Bourgogne (1992)
- Relations
Internationales
- Analyse Vie Politique (Conflits régionaux)
- Droit international public II
Institut International des droits de l’homme Strasbourg
- Participation in the 1993, 1994,
1995 Study Sessions
- Participation in the 22nd intensive training session for
university teaching and research in human rights (1994)
- Diploma of International and Comparative Law of Human
Rights of the International Institute of Human Rights, Strasburg
(1995)
Erik Castrén Institute of International Law and Human Rights,
Faculty of Law
- 11th Helsinki
Summer Seminar on International Law United Nations and International
Law Fin de siècle 17-28 August 1998
University Vienna
- Magistra
juris, University Vienna (1994)
- Doctor juris, University Vienna (1999) with distinction
- Venia docendi in public international law conferred by
the University of Vienna (2008)
III. Relevant professional
activities
a. Description of
judicial activities
- Alternate
Member of the Court of Conciliation and Arbitration within the OSCE
(since August 2013)
- Member of the Permanent Court
of Arbitration (since September 2014)
- Member of the Arbitration
Panel for the Protocol on Cultural Cooperation to the Free Trade Agreement
between the European Union and its member States and the Republic
of Korea (since 2014)
- Member of the Panel of Conciliators
maintained by the International Centre for Settlement of Investment
Disputes (ICSID) in Washington DC/United States (since 2020)
- Member of the Arbitration
Panel under the Agreement on the Withdrawal of the United Kingdom from
the European Union (since 2021)
b. Description of
non-judicial legal activities
- Professor
of International Law, University of Vienna, Austria (since October
2011)
- Associate Professor of International Law, University of
Vienna, Austria (2008-2011)
- Visiting Professor at Paris I Sorbonne, Paris/France (International
Investment Arbitration and The Rule of Law) (summer-term 2022)
- Visiting Professor at the Institut des Hautes Etudes Internationales
at the University of Paris II Panthéon-Assas in Paris/France (summer-term
2017)
- Lecturer at the University of Vienna Summer School International
and European Studies, Strobl/Austria: 2013, 2015, 2016, 2017, 1018,
2019 (International Investment Law and Arbitration)
- Coordinator of the specialisation:
“Law of International Relations” of the Law school of the University
of Vienna since 2008
- Legal expert in various investment arbitrations and human
rights cases
- Expert appearance in the German Bundestag on investment
protection in CETA, 15 December 2014
- Expert testimony and appearance (written and oral) in
a case between the International Finance Corporation (a member of
the World Bank Group) and an Italian company dealing with expropriation before
the New York Supreme Court, 2010 and 2015 (nominated by the Italian
company)
- Member of the Advisory Board
Austrian Review of International and European Law: since 2008
- Associate Editor: Transnational
Dispute Management since 2008
- Member Advisory Editorial
Board: Nijhoff International Investment Law Series
IV. Activities and
experience in the field of human rights
- Member
of the Drafting Team – “The Hague Rules on Business and Human Rights
Arbitration”
- Lecturer at the University of Vienna Summer School International
and European Studies, Strobl: 2001, 2008, 2009, 2011 (“European
and International Protection of Human Rights”), 2023, 2024 (“Business and
Human Rights Law”)
- Expert for the Human Dimension Mechanism of the OSCE appointed
by Austria: 2017-2023
- Member of the Austrian Human Rights Advisory Board nominated
by Amnesty International: July 1999 – June 2002
- Austrian Delegate to the Preparatory Commission for the
International Criminal Court July 2000 session
- Member of the team of the Special Envoy for Restitution
Issues Dr. Ernst Sucharipa for the Austrian Holocaust Restitution
Negotiations 2000/2001
- Consultant of the National Fund for Victims of National
Socialism of the Republic of Austria since 2001
- External expert in a project of the ministry of the Interior:
Police.Power.Human.Rights 2008
- Coach of the “Concours européen des droits de l'homme
René Cassin” Moot Court Team of the University of Vienna 1994/95-1999/2000
- Short term expert: EU Twinning Project TR02-JH-01 “Improvement
of Statement-taking Methods and Rooms”, September 2004 – February
2006
- Lecturer at the University of Vienna (Courses in International
Human Rights Law since 1995)
- Professorial Lecturer at the Austrian Diplomatic Academy/Vienna
School of International Studies (courses on human rights law) 2002-2009
- Lecturer at the Austrian Federal Academy (Courses in international
human rights law): 1998-2001
- Lecturer at the International Civilian Peace-keeping and
Peace-building Training Program – Austrian Centre for Peace and
Conflict Resolution: 1999, 2000, 2003
Public lectures and
addresses in the field of human rights
- “Climate Change &
Human Rights”, Sommerdiskurs der Sommerhochschule der Universität
Wien, 4 August 2023, Strobl, Austria
- “Investment Tribunal Awards and Article 35 ECHR: is the
application “substantially the same” as the one before the European
Court of Human Rights”, International Human Rights and International
Economic Law: Interfaces, Challenges, Visions, 25-26 November 2022,
Vienna, Austria
- “Webinaire de l’Ordre des Avocats de Genève sur les Hague
Rules on Business and Human Rights Arbitration”, panel discussion,
29 June 2022, online
- “Schiedsgerichtsbarkeit und Menschenrechte” #zukunft,
Podcast on arbitration, 15 May 2022, online
- “Menschenrechtsverletzungen und Schiedsverfahren”, Dispute
Resolution Day 2022, Munich Center for Dispute Resolution, 6 May
2022, Munich, Germany
- “What Can Corporate Social Responsibility and Human Rights
Assessments Teach to International Arbitration?”, Panel Discussion:
Washington Arbitration Week, 2 December 2021, online
- “Business & Human Rights Disputes: is Arbitration
the Effective Remedy that Everyone is Looking For?”, Panel Discussion:
Paris Arbitration Week, 22 September 2021, Paris
- “The Hague Rules on Business and Human Rights Arbitration”,
Panel Discussion: Business and Human Rights Arbitration – 5th ICC
European Conference, 28 June 2021, online
- “Arbitration as a remedy for human rights abuses”, Arbitration
of Human Rights at Sea. Giving International Teeth by Empowering
Victims to Enforce it”, American Branch ILA International Law Weekend,
23 October 2020, online
- The Hague Rules on Business and Human Rights Arbitration”,
2020 ASIL Annual Meeting: Panel: “Protecting Human Rights through
International Adjudication”, 25 June 2020, online
- “The Hague Rules on Business and Human Rights Arbitration”,
Roundtable of the Department of European, International and Comparative
Law, Section for International Law, 13 May 2020, online
- “The Hague Rules on Business and Human Rights Arbitration”,
Vienna Arbitration Days 2020, 21 February 2020, Vienna, Austria
- “Taking a closer look at the salient Business and Human
Rights issues in the Hague Rules on Business and Human Rights Arbitration
through the lens of the UN Guiding Principles on Business and Human Rights”,
Launch of the Hague Rules On Business and Human Rights Arbitration,
CILC, City of The Hague, The Hague, The Netherlands, 12 December
2019
- “Competing Jurisdiction and Parallel Proceedings – The
European Court of Human Rights and Investment Tribunals”, Thirty
First ITF Public Conference: Human Rights in International Investment Law,
BIICL, 26 October 2018, London, United Kingdom
- “Investment Protection under the ECHR”, Conference “Protection
of Foreign Investments in Europe – Perspectives & Solutions,
International Investment Law Centre Cologne”, 5-6 July 2018, Cologne, Germany
- “The Right to Water before Investment Tribunals”, Workshop
of the ESIL Interest Group on International Economic Law, ESIL Conference
Global Public Goods, Global Commons, Fundamental Values: The Responses
of International Law 2017, 6-9 September 2017, Naples, Italy
- “Rule of Law Notions in Human Rights Law”, ILA Committee
on the Rule of Law and International Investment Law – Vienna Meeting,
6 April 2017, Vienna, Austria
- “Interaction du droit des investissements et des droits
de l’homme: Les techniques interprétatives”, Université d’Evry-Val-d’Esconne,
Institut International des Droits de l’Homme: Convergences et contradictions
du droit des investissements et des droits de l’homme: une approche
contentieuse, 27 November 2015, Paris, France
- “Investment Tribunals and Human Rights”, Friday Lecture,
Lauterpacht Centre for International Law, University of Cambridge,
1 May 2015, Cambridge, United Kingdom
- “The right to property in human rights law”, Conference
“Buying and Owning Property in Europe”, Academy of European Law,
16-17 June 2014, Trier, Germany
- “EU-China Investment Agreement: What is at Stakes for
Human Rights?”, EU Parliament, Committee on Foreign Affairs, Subcommittee
on Human Rights, 2 December 2013, Brussels, Belgium
- “The State’s Duty to Protect Human Rights, Investment
and Human Rights”, International conference: Implementation of the
UN Framework and GP on Business and Human Rights in Spain, 4-6 November 2013,
University of Seville, Spain
- “Foreign Investments & Human Rights – The actors and
their different roles”, British Institute of International &
Comparative Law, Seventeenth Investment Treaty Forum: International
Investment Law and Its Intersections, 9 September 2011, London,
United Kingdom
- “Human Rights Protection by the European Committee for
the Prevention of Torture”, Stanford – Vienna Human Rights Conference,
US American and European Approaches to Contemporary Human Rights Problems,
20-22 June 2011, Vienna, Austria
- “Corporate Social Responsibility and Human rights”, VIII
Forum of Legal Aspects, International Co-operative Alliance, 23/24
November 2009, Geneva, Switzerland
- “Corporate Social Responsibility – the Human rights based
approach”, 5th Vienna Workshop on International Constitutional Law,
15/16 May 2009, Vienna, Austria
- “Arbitration and Human Rights” at Young Approaches to
Arbitration, Conference jointly organized by International Chamber
of Commerce and YAAP, Vienna – 4 April 2009, Vienna
- “Human Rights and Managing the Challenges of Human Security
on Europe’s Borders and Beyond”, Seminar, Managing the Challenges
of Human Security on Europe’s Borders and Beyond, Diplomatic Academy/Vienna
School of International Studies, 17 March 2009, Vienna, Austria
- “Human Rights and Investment Arbitration” at Third Annual
Conference – Current Issues in Human Rights’ Law and Practice (University
of London) – 8 December 2008, London, United Kingdom
- “Poverty as Human Rights Issue” at Discussion forum –
University Vienna, Law School, Poverty and the Law – 6 June 2008,
Vienna, Austria
- Panelist on Restitution in Rem to Victims of National
Socialism, Current issues concerning the General Settlement Fund
Law, University Vienna, Law School, April 2007, Vienna, Austria
- “Are the International Mechanisms for the Protection of
Human Rights an Alternative to Investor State Arbitration” at European
University Institute Florence, The Impact of Human Rights on Investor-State Arbitration,
13 December 2007, Florence, Italy
- “The Austrian Holocaust Restitution Negotiations 2000/2001”,
Ernst Sucharipa Memorial Seminar, Diplomatic Academy/Vienna School
of International Studies, 12 January 2006, Vienna, Austria
- “The Development of Standards for Statement Taking and
Statement taking rooms in the Turkish Context”, EU Twinning Project
TR02-JH-01 “Improvement of Statement-taking Methods and Rooms”, Final
Conference, 4 February 2006, Ankara, Turkey
- “Measures to avoid ill-treatment in the context of Statement-taking”,
EU Twinning Project TR02-JH-01 “Improvement of Statement-taking
Methods and Rooms”, Opening Conference, 8 September 2004, Ankara,
Turkey
- “The Austrian Human Rights Advisory Council” at Univerzita
Karlova V Praze, Evropské Informační Strědisko, International Conference
on the Implementation of the Optional Protocol to the UN Anti Torture
Convention under the auspice of the Czech Minister of Foreign Affairs,
9-10 February 2004, Prague, Czech Republic
- “The Protection of Indigenous Peoples Rights under Article
27 ICCPR”, Symposium, Diplomatic Academy, Vienna, Indigenous People:
International Law, Conflict Resolution, Sustainable Development, 28
October 2002, Vienna, Austria
- “Restitution for expropriation and forced labour: The
Austrian Restitution Agreement of 17.1.2001”, Austrian Institute
for East and Southeast-Europe/Institute for International Studies
of the Faculty for Social Sciences of the Karls-University Prag/Masaryk
University Brno, Symposium, 1-2 July 2002, Brno, Czech Republic
- “Human Rights and Sharia”, 26th Annual Meeting of the
Austrian Society of International Law in Vienna, June 2000, Vienna,
Austria
- “Racial Discrimination a First Step on the Way to Torture”,
ÖH -AI – Human Rights Week, Vienna – 10 December 2000, Vienna, Austria
- “The situation in Turkish prisons – international law
aspects”, Prison Watch International, 18 November 2000, Vienna,
Austria
- “Other European instruments for the protection of Human
Rights: The Convention for the prevention of torture and inhuman
or degrading treatment”, Council of Europe, VII. European law week,
Matej-Bel University Banská Bystrica, 6 – 10 November 2000, Banská
Bystrica, Slovac Republic
- “Who is a refugee”, University goes public, 9 March 2000,
Vienna, Austria
- “All human rights for all”, University goes public, 29
February 2000, Vienna, Austria
- “The prohibition of Torture in Public International Law”,
Master Program University Frankfurt/Oder, Vienna, 23 February 2000,
Vienna, Austria
- “Principles of ethics and human rights as basic premises
of law”, Millenniums Conference Ankara Bar Association, 13 January
2000, Ankara, Turkey
- “Torture as fundamental problem of human rights”, Symposium,
Vienna: Torture and Persecution (VHS Favoriten), 25/26 November
1999, Vienna, Austria
- “Preventive measures and control mechanisms against human
rights violations: The view from the European Committee for Prevention
of Torture”, University Vienna – International Master of Humanitarian
Medicine, 25 June 1999, Vienna, Austria
- “Basic Rights in Austria – Human Rights in Europe”, Administrative
Academy, 4 May 1999, Vienna, Austria
- “Women's Rights – Human Rights: International Norms against
Trafficking in Women”, LEFÖ – Seminar: Trafficking in Women, 17
April 1999, Austria
- “The European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment: An Overview over
its Mandate and Activities”, University Miskolc – Nemzetközi konferencia,
6 March 1999, Miskolc, Hungary
- “Latest developments of international mechanisms for the
protection of human rights”, Law Faculty Vienna – ELSA, 10 December
1998, Vienna, Austria
- “Developments in the field of human rights protection
since the Vienna World Conference on Human Rights 1993”, Renner
Institute, 16 November 1998, Vienna, Austria
- “Current developments in the field of human rights protection”
(case law of the ECHR, CJEC; relationship Strasbourg-Luxembourg;
human rights violations by non-state actors; recent developments
concerning protection mechanisms: ECPT, 11 ad prot. ECHR, collective
complaints procedure European Social Charter, ICC), Richterwochende:
17 October 1998, Austria
- “The Prohibition of Refoulement Art 3 ECRK and Art 3 CAT”,
Weiterbildungsveranstaltung für Flüchtlingsbetreuer nach dem AsylG
1997, 20 March 1998, Vienna, Austria
V. Public activities
a. Public office
- Legal Advisor’s Office
at the Austrian Federal Ministry for Foreign Affairs (Section General
International Law): April 2000 – April 2001
- Austrian Delegate to the Preparatory Commission for the
International Criminal Court July 2000 session
- Member of the team of the Special Envoy for Restitution
Issues Dr. Ernst Sucharipa for the Austrian Holocaust Restitution
Negotiations 2000/2001
b. Elected posts
None
c. Posts held in a
political party or movement
None
VI. Other activities
a. Various other professional
activities
- Reporter of the Austrian
Science Fund (FWF) Board 2017-2020
- Lecturer at the University of Vienna Summer School International
and European Studies, Strobl: 2013, 2015, 2016, 2017, 1018, 2019
(“International Investment Law and Arbitration”)
- Lecturer at the Europa-Institut, Saarland University,
Winter Term 2016/2017
- Professorial Lecturer at the Loyola University New Orleans
College of Law Summer Legal Studies Program (courses on international
courts and tribunals) 2008-2014
- Assistant Editorial Manager of the Austrian Review of
International and European Law: 1996-2007
- Lecturer at the University of Vienna (Courses in Public
International Law since 1995)
- Assistant at the Institute of Public International Law
since 1995-2007 (2007-2008 Assistant Professor)
- Assistant at the Institute for Roman Law 1993-1995
b. Professional memberships
- Member of the Council
of the German Society of International Law
- European Society of International Law (ESIL), (Interest
Group on Business and Human Rights, Interest Group on International
Economic Law) since 2004
- International Law Association (ILA, member of the former
Committees on Human Rights, member of the Committee on the Rule
of Law and International Investment Law), (member of the executive
board of the Austrian Branch since 2007) since 2005
- Österreichischer Völkerrechtstag (Austrian International
Lawyers’ Association) since 1995
- Austrian Arbitration Association – Arbitration Austria,
since 2011
- Member, Independent International Jury of the Bruno Kreisky
Prize for Human Rights, since 2007
- Member, Austrian Society of Women in International Law
c. Human rights related
conferences organised
- “International Human
Rights and International Economic Law: Interfaces, Challenges, Visions”,
together with Univ. Prof. Dr. Christina Binder, Vienna, Austria,
25-26 November 2022
- “Human Rights 2018, 1948/58 – Development and Significance
of Human Rights in Austria”, together with Univ. Prof. Dr. Katharina
Pabel and Dr. Markus Vašek, Vienna, Austria, 10-11 September 2018
d. Numerous public
lectures and addresses in other fields of public international law
e. External reviewing
- External reviewer and
examiner at various institutions, such as: Schweizerischer Nationalfonds, Cambridge
University Press, Oxford University Press, Edward Elgar, University
of Warwick, Monash University, McGill University, University Lyon,
Leiden University
- Chairperson of the Evaluation Committee of the Department
of Law, University of Cyprus, September 2016.
VII. Publications
and other works
- Author of four monographs,
one together with R. Dolzer and C. Schreuer, co-editor of five books
together with (A. Reinisch (3), C. Binder (1), S. Wittich (1), A.
Bockley (1) and G. Kucsko-Stadlmayer (1)) and author of about 90
articles and book chapters, most of them in English, one in Frensh
and the rest in German.
a. Books
- Folterprävention in
Europa. Die Europäische Konvention zur Verhütung von Folter und
unmenschlicher oder erniedrigender Behandlung oder Bestrafung, 2000,
Verlag Österreich, 786 pages
- Eigentumsschutz im Völkerrecht. Eine vergleichende Untersuchung
zum internationalen Investitionsrecht sowie zum Menschenrechtsschutz,
Duncker & Humblot, 2008, 623 pages
b. Articles and book
chapters
- “Prevention of Human
Rights Violations”, 2 ARIEL 1997, 155-189.
- “Nationality and the Protection of Property under the
European Convention on Human Rights”, in: I. Buffard et. al. (eds.),
International Law between Universalism and Fragmentation, 2008,
649-666
- “Human Rights of the Population of the Host State in International
Investment Arbitration”, 10 The Journal of World Investment &
Trade 2009, 653-677
- “Art. 1 1. ZP zur EMRK”, in: K. Pabel/S. Schmahl (eds.),
Internationaler Kommentar zur Europäischen Menschenrechtskonvention,
16. Kommentarlieferung, 2013, 153 pages
- “Interaction du droit des investissements et des droits
de l’homme: l’inspiration et l’emprunt – Les techniques interprétatives”,
in: F. Coulée & W. Ben Hamida (eds.), Convergences et contradictions
du droit des investissements et des droits de l’homme: une approche
contentieuse/Convergence and Conflicts of Investment Law and International
Law: a Dispute Settlement Approach, 2017, 305-318
- “Council of Europe Anti-Torture Committee and Prisons
in Austria”, in: T. Daems, L. Robert (eds.), Europe in Prisons:
Assessing the Impact of European Institutions on National Prisons
Systems, 2017, 135-172
- “Rule of Law Notions in Human Rights Law”, 3 ZEuS 2019,
369-381
- “The European Court of Humans Rights and Arbitration”,
in: A. Bjorklund, F. Ferrari, S. Kröll (eds.), Cambridge Compendium
of International Commercial and Investment Arbitration: Selected
Topics, CUP, 2023, 1981-2005
VIII. Languages
a. First language
- German: Reading: very
good; Writing: very good; Speaking: very good
b. Official languages
- English: Reading: very
good; Writing: very good; Speaking: very good
- French: Reading: very good; Writing: good; Speaking: very
good
c. Other languages
- Spanish: Reading – legal
texts: fair
IX. Other relevant
information
- Goldenes Verdienstzeichen
der Republik Österreich (8 June 2001).
- appointed as a candidate for the 2007 election as judge
at the European Court of Human Rights by the Austrian government.
- Intersectional Legal Studies Award (11 March 2009).
- Shortlisted for the Chair in International Law (second
place), University Vienna, Law School (2010).
X. Permanent residence
I confirm that I will take up permanent residence in Strasbourg
if elected a judge on the Court.
Appendix 3 – Curriculum
vitae of Brigitte OHMS
I. Personal details
Name: OHMS, Brigitte
Sex: female
Date and place of birth: on 19 February 1961 in Klagenfurt,
Austria
Nationality: Austrian
II. Education and
academic and other qualifications
1979 – 1983: Graz University, Doctor of Laws
III. Relevant professional
activities
a. Description of
judicial activities
- 2003 – 2013: Member,
Senior Disciplinary Commission at the Federal Chancellery
- 2002 – 2011: Lay judge, Vienna Labour Court (Fachkundige Laienrichterin)
- 1991 – 1997: Assistant Lawyer to a judge (Wissenschaftliche Mitarbeiterin),
Austrian Constitutional Court (including preparation of draft judgments
and decisions)
- 1984 – 1985: Legal trainee in the courts in Vienna (District
Court for Commercial Affaires; Regional Court for Commercial Affaires;
Juvenile Court)
b. Description of
non-judicial legal activities
- 2021/2022: Lecturer,
postgraduate program „Human Rights“, Ludwig Boltzmann Institute,
Fundamental and Human Rights
- 2020 – date: Deputy Head of
department, Department for EU and International Law, Human Rights Protection,
of the Federal Chancellery – Constitutional Service
- 2020 – 2024: Elected Member,
Bureau of the Steering Committee for Human Rights
- 2013 – 2017 (CDDH)
- 2020 – date: Deputy Head of
the Austrian Delegation in the ad
hoc negotiation group (“46+1”)
on the Accession of the European Union to the European Convention
on Human Rights
- 2019: Chair of the Committee of experts on the system
of the ECHR (DH-SYSC)
- 2016 – date: Expert representing
the CDDH in the Venice Commission
- 2012 – date: Member or substitute
Member, Human Rights Advisory Council at the Austrian Ombudsman
Board (NHRI; part of the Austrian NPM according to OPCAT)
- 2008 – date: Austria’s Deputy
Government Agent before the European Court of Human Rights (including
coordination and preparation of Austria’s observations)
- 2008 – date: Austria’s representative
in the Council of Europe's Steering Committee for Human Rights (CDDH)
- 2008 – date: Human Rights
Coordinator of the Federal Chancellery (including coordination of
the network of Human Rights Coordinators of the Federal ministries)
- 2008 – date: Member or Head
of Austria’s Delegation presenting the regular country reports pursuant
to UN treaties
- 1999 – date: Head of division,
Division for cases before the European Court of Human Rights and UN
treaty bodies and for other administrative issues and issues of
restitution (coordination and preparation of Austria’s observations,
member of several European expert committees), Federal Chancellery
– Constitutional Service
- 1999 – 2020: Deputy Head of department, Department for
International Affairs and Administrative Affairs of the Federal
Chancellery; 2018 – 2020 of the Federal Ministry of Justice
- 1999 – 2003: Lecturer and Examiner in Constitutional Law
at the Public Administration Academy (Verwaltungsakademie
des Bundes)
- 1997 – date: Legal Adviser,
Federal Chancellery – Constitutional Service (including
but not limited to the representation of the Austrian Federal Government
at the Austrian Constitutional Court, passing of expert opinions
on draft legislation, drafting of government proposals for legislation,
giving legal advice and information to the Federal Chancellor, the
Federal Government and the Federal ministries); 2018 – 2020 located
in the Federal Ministry of Justice
- 1988 – 1991: Research and Teaching Assistant, University
of Innsbruck, Institute for Public Law, State and Administrative
Theory
- 1985 – 1988: Legal Adviser, Federal Ministry for Agriculture
and Forestry, Department for fundamental legal issues
- 1985: Research and Teaching Assistant, Vienna University,
Institute for Constitutional and Administrative Law
c. Description of
non-legal professional activities
- 2007
– date: Austrian National Liaison Officer as primary contact person
for the European Union Agency for Fundamental Rights
- 1999 – 2009: Substitute Member, Advisory Board at the
Federal Ministry of the Interior on basic policy issues of the prevention
of domestic violence
IV. Activities and
experience in the field of human rights
Most of my professional activities relate to matters of human
rights
V. Public activities
None.
VI. Other activities
1. Austrian Commission of Jurists
a. Field: academic society
b. Duration: 1998 –
date
c. Functions: Member
2. 2006 and 2010: Mentor in a program for young female civil
servants
VII. Publications
and other works
1. Author, such as:
- Commentary on Articles
28 – 34 (including prolegomena) and Article 54 ECHR, in: Korinek/Holoubek (eds.),
Österreichisches Bundesverfassungsrecht (loose-leaf, 2003 – date)
- Die (Europäische) Menschenrechtskonvention. „Welcoming
the Applicant“, in: Pabel/Raschauer (eds.), Die Organisation des
Grundrechtsschutzes. Nationale und europäische Perspektiven (2014),
pp 83 et seqq
- Der Liebe Gott und das liebe Geld. Das sogenannte Schenkungssteuer-Erkenntnis
des Verfassungsgerichtshofes vom 2. Juli 2009, B 1397/08, in: Lienbacher/Wielinger
(eds.), Jahrbuch Öffentliches Recht 2010, pp 249 et seqq
- Urteile des EGMR mit Österreichbezug, in: Hummer (ed.),
Österreich im Europarat 1956 – 2006 (2008), pp 551 et seqq
- The Coming into Force of Protocol No. 14 and the Short
but Very Successful Life of Protocol No. 14bis to the European Convention
on Human Rights, in: Benedek et al (eds.), European Yearbook on
Human Rights 2010, pp 207 et seqq
- Europäischer Gerichtshof für Menschenrechte am Wendepunkt?,
Juristische Blätter 2005, pp 14 et seqq
- Bewertung des Diskussionsstandes über die Entlastung des
Europäischen Gerichtshofes für Menschenrechte, EuGRZ 2003, pp 141
et seqq
2. Co-author, such
as:
- with Christoph Grabenwarter:
Manz-Taschenkommentar B-VG (12 edition [2008], 13 edition [2014]; concise
commentary on Austrian Constitutional Law)
- with members of the Federal Chancellery – Constitutional
Service: The Human Rights Jurisprudence of the European Court of
Human Rights in 2011, 2012, 2013, 2014, in: Benedek et al (eds.),
European Yearbook on Human Rights
VIII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
|
a.
First language:
|
|
|
|
|
|
|
|
|
|
|
German.(mother tongue)
|
X
|
|
|
X
|
|
|
X
|
|
|
|
b.
Official languages:
|
|
|
|
|
|
|
|
|
|
|
– English
|
X
|
|
|
|
X
|
|
X
|
|
|
|
– French
|
|
X
|
|
|
|
X
|
|
|
X
|
|
c.
Other languages:
|
|
|
|
|
|
|
|
|
|
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
I confirm this intention.
X. Other relevant
information
None.
XI. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court
I confirm that I will take up permanent residence in Strasbourg
if elected as a judge on the Court.
