Election of judges to the European Court of Human Rights
List and curricula vitae of candidates submitted by the Government of Poland
Communication
| Doc. 16025
| 21 August 2024
- Author(s):
- Secretary General of the Parliamentary Assembly
1 List
and curricula vitae of candidates submitted by the Government of
PolandNote
Letter from Mr Jerzy Baurski, Ambassador,
Permanent Representative of the Republic of Poland to the Council of
Europe, to Ms Despina Chatzivassiliou-Tsovilis, Secretary General
of the Parliamentary Assembly of the Council of Europe, dated 29
July 2024
[…] please find attached the letter of Minister of Foreign
Affairs of the Republic of Poland, Mr Radosław Sikorski containing
information on consultation with the Advisory Panel of Experts on
Candidates for Election as Judge to the ECHR, and the attachments
– CVs of three candidates for the position of a judge of the European
Court of Human Rights on behalf of Poland, as well as information
on the national selection procedure applied in Poland to designate
the three candidates. […]
Letter from Mr Radosław Sikorski,
Minister of Foreign Affairs of the Republic of Poland Warsaw to
Ms Despina ChatzivassiIiou-TsoviIis, Secretary General of the Parliamentary
Assembly of the Council of Europe, dated 25 July 2024
[…] Acting pursuant to Article 22 of the Convention for the
Protection of Human Rights and Fundamental Freedoms, I am pleased
to submit herewith a list of three candidates for the post of judge
of the European Court of Human Rights in respect of Poland (in alphabetical
order):
- Ms Anna Adamska-Gallant,
- Ms Małgorzata Wąsek-Wiaderek,
- Mr Adam Wiśniewski.
As requested per your letter dated 31 January 2023, please
find attached the candidates’ curricula vitae in both English and
French, […], as well as detailed information on the national procedure
by which the candidates were selected […].
I would also like to confirm that the Advisory Panel of Experts
on Candidates for Election as Judge to the European Court of Human
Rights was consulted on 7 June 2024, as envisaged by the Committee
of Ministers’ Resolution No. CM/Res(2010)26 of 10 November 2010.
The Ministry of Foreign Affairs of the Republic of Poland
remains at your disposal should the Parliamentary Assembly have
any questions concerning the above-mentioned candidates or the selection
procedure applied. […]
2 Information
on the national selection procedure applied in Poland to designate
three candidates for the post of Judge of the European Court of
Human Rights
The procedure by which three candidates were selected was
regulated by two new acts:
- Ordinance
No. 8 of the Minister of Foreign Affairs of 13 March 2024 on the
establishment of the Committee responsible for the selection of
candidates on behalf of the Republic of Poland for the post of Judge
at the European Court of Human Rights (“Ordinance”);
and
- Rules of the selection
of candidates on behalf of the Republic of Poland for the post of
Judge at the European Court of Human Rights (“Rules”).
The new regulations were passed in order to implement the
highest Council of Europe standards related to the selection of
candidates. In particular, the method of appointment of the Selection
Committee was changed to involve bodies independent from the executive
and to define in advance the expected profiles of the members appointed
by the respective bodies.
The standards of fairness and transparency were increased
throughout the whole selection procedure and the professional examination
of the applicants’ linguistic competences was introduced as an obligatory
part of the process. Special emphasis was put on an in-depth evaluation
of the applicants’ merits, including notably their compliance with
the Convention’s Article 21 requirements. A possibility was maintained
for non-governmental organisations and legal professions to appoint
observers of interviews with applicants. A public meeting with the
candidates in the Senate was held before the submission of the final
list to the Parliamentary Assembly.
The new regulations were consulted with the Polish Ombudsman,
legal professions and NGOs, both in the written process and at a
meeting on 5 March 2024, as a result of which some changes were
introduced.
2.1 The
Selection Committee
The following persons were appointed by the Minister of Foreign
Affairs to sit as members of the Selection Committee:
1 Dr Henryka Mościcka-Dendys,
Undersecretary of State for Legal Affairs at the Ministry of Foreign
Affairs – Chairperson (ex officio);
2 Dr hab. Marcin Wiącek, Professor of the University of
Warsaw, Commissioner for Human Rights (Ombudsman);
3 Dr Hanna Machińska, Deputy Ombudsman in 2017–2022 – designated
by the Minister of Justice;
4 Prof. Piotr Hofmański, judge of the Supreme Court in 1996–2015,
judge of the International Criminal Court in 2015–2024 – designated
by the Minister of Foreign Affairs
Note;
5 Prof. Andrzej Wróbel, retired judge of the Supreme Court,
judge of the Constitutional Tribunal in 2011–2017 – designated by
the Minister of Foreign Affairs;
6 Prof. Marek Safjan, retired judge of the Constitutional
Tribunal, judge of the Court of Justice of the European Union in
2009–2024 – designated by the Minister for the European Union;
7 Dr hab. Celina Nowak, Professor and Director of the Institute
of Law Studies of the Polish Academy of Sciences – designated by
the President of the Polish Academy of Sciences;
8 Att. Magdalena Witkowska, Dean of the Council of the Regional
Chamber of Attorneys-at-Law in Gdańsk – designated by the President
of the National Bar Council of Attorneys-at-Law;
9 Adv. Małgorzata Mączka-Pacholak, Vice-Chairperson of the
Human Rights Commission at the Polish Bar Council – designated by
the President of the Polish Bar Council.
Director of the Legal and Treaty Department of the Ministry
of Foreign Affairs and the Government Agent and Co-Agents before
the Court acted as the Committee’s secretaries without the right
to vote.
The new Ordinance strictly defines the expected profile of
the relevant bodies’ appointees to the Selection CommitteeNote so as to ensure that they possess the
relevant and diversified qualifications and experience and to ensure
balanced composition, independence and high standing.
As a result, the new Selection Committee comprised high-level
experts of recognised competence in human rights, representing all
relevant professional backgrounds, including former judges of international
and Polish supreme courts, the incumbent ombudsman and a former
deputy ombudsman, professors specialised in human rights, as well
as representatives of legal professions active in the defence of
human rights.
2.2 Vacancy
announcement
On 19 March 2024, the Minister of Foreign Affairs published
an announcement (specifying the formal and substantive requirements
to be met by the candidates) in three daily newspapers of a nationwide
coverage, including Gazeta Wyborcza, a journal with the highest
circulation of all papers considered, Dziennik Gazeta Prawna (a
daily paper with a focus on legal matters) and Rzeczpospolita (a
newspaper with a law supplement), the latter two being the leading
daily newspapers for lawyers in Poland. A six-week deadline was
fixed for submitting applications (expiring on 30 April 2024).
The announcement was also published thrice on the MFA’s main
website. At the same time, the Foreign Minister sent letters to
130 institutions asking them to disseminate the announcement further.
In addition to the relevant governmental authorities and the Chancelleries
of the President, the Sejm and the Senate of the Republic of Poland,
the request was addressed to three Ombudsmen functioning in Poland
(i.e. the Commissioner for Human Rights, the Ombudsman for Children,
and the Commissioner for Patients’ Rights), the Supreme Court, the
Supreme Administrative Court, all courts of appeal and all voivodeship
administrative courts, the presidents of the relevant professional
bodies of legal practitioners: the Polish Bar Council, National Bar
Council of Attorneys-at-Law and the National Council of Court Bailiffs,
the chairpersons of the human rights commissions of advocates and
attorneys-at-law, deans of the faculties of law of 22 universities
or other higher schools throughout the country, the Polish Academy
of Sciences, and 16 non-governmental organisations (those that cooperate
on a permanent basis with the Inter-Ministerial Committee for Matters
Concerning the European Court of Human Rights and those that had
appointed observers in the previous selection procedures).
2.3 Applicants
In total, 27 persons submitted their candidatures before the
expiry of the time-limit; however, one of them withdrew his application
before the first meeting of the Selection Committee.
Prior to the first examination of the applications, the members
of the Selection Committee were required to declare any potential
conflict of interests between them and any of the applicants.
Eight applicants were requested by the Selection Committee
to remove formal shortcomings of their applications. There was no
shortlisting and all 26 applicants were invited for interviews with
English and French language experts and with the Selection Committee.
2.4 Interviews
with English and French language experts
For the first time, interviews with English and French language
experts were envisaged in the selection procedure in order to confirm
the applicants’ competences in both Council of Europe official languages. According
to the Rules, the candidates should be proficient in at least one
official language of the Council of Europe and should possess at
least a passive knowledge of the other. Interviews were conducted
by independent English and French language experts selected for
this purpose by the Diplomatic Academy from among persons possessing
a master's degree in foreign philology or applied linguistics. Bearing
in mind that the interviews focused on the Convention system terminology,
they were obligatory for all applicants notwithstanding the submission
of language certificates.
Interviews were conducted to confirm either proficient or
passive knowledge of both official languages of the CoE, according
to the applicants’ declared choice.
During the interviews aimed at confirming the proficiency
in the Council of Europe official language, the applicants were
given the following tasks:
- to
translate into Polish a legal summary of the Court's judgment;
- to comment in the Council of Europe official language
on the contents of a 2-minute excerpt from a hearing before the
Court;
- to answer in the Council of Europe official language one
general question related to the Convention system.
In contrast, the following tasks were envisaged for the interviews
aimed at confirming passive knowledge of the Council of Europe official
language:
- to translate into
Polish a legal summary of the Court's judgment;
- to comment in Polish on the contents of a 2-minute excerpt
from a movie about the Court (taken from the Court’s website).
All applicants were given the same amount of time for an interview
(no more than 30 minutes). Written opinions on the applicants with
conclusions on whether they possess a proficient or at least passive
knowledge of the language evaluated were submitted by the language
experts to the Selection Committee before its second meeting.
2.5 Evaluation
of the applicants by the Selection Committee
The new Rules have significantly changed the process of evaluation
of the candidatures received.
Firstly, the Rules codify both formal and substantive requirements
that should be satisfied by the applicants. As far as the latter
are concerned, the Rules provide that a person applying for the
post of Judge should meet the following substantive requirements:
- be a person of high moral character;
- be qualified to hold high judicial office or be a jurisconsult
of recognised competence;
- have good knowledge of issues related to the protection
of human rights;
- be distinguished by a high level of legal knowledge;
- have extensive experience related to the practice of law,
or extensive academic experience and achievements;
- have proficiency in one of the official languages of the
Council of Europe and at least passive knowledge of the other.
Secondly, the Rules require that the Selection Committee evaluates
the applicants, taking into account the requirements indicated in
Article 21 of the Convention. For this purpose, the Committee should
consider in particular whether the applicants have:
- knowledge of issues related
to the protection of human rights and the Council of Europe system;
- legal knowledge, especially in the areas of Polish law
covered by applications lodged to the Court and public international
law;
- national or international experience related to the practice
of applying the law or academic experience and achievements in areas
relevant to the protection of human rights.
In addition, the Committee should also take into account the
applicants’:
- level of knowledge
of the official languages of the Council of Europe;
- motivation behind applying for the office of judge and
commitment to human rights;
- guarantees of independence and the need to avoid the necessity
for systematic or long-term appointment of ad hoc judges if a person
is elected;
- communication skills, including clarity and precision
of thought and expression;
- judgmental skills.
Thirdly, the Rules determine precise steps in the evaluation
of each candidature by the Selection Committee:
- analysis of the curriculum vitae
and other documents submitted by the applicants (including an obligatory motivation
letter in which they are required to justify compliance with Article
21 and linguistic requirements) – all members of the Selection Committee
were provided with the applicants’ files for in-depth examinations;
- analysis of the opinions submitted by language experts;
- interview with all persons whose candidatures comply with
formal requirements and who have attended interviews with language
experts (for more information see the “Interviews with the Selection
Committee” section below);
- discussion after each interview to summarize the applicants’
qualifications and assess their compliance with Article 21 and the
level of compliance with linguistic requirements.
Fourthly, the Rules clearly provide that the lists of three
candidates and three reserve candidates are selected by the Committee
only from among persons having been considered as complying with
Article 21 requirements. Thus, the final decision-making process
includes only persons complying with these requirements and in its
final decision the Committee’s task is to choose those persons who
comply with Article 21 and all other requirements, including linguistic,
to the highest extent. The Rules also require that the lists of candidates
and reserve candidates should include at least one representative
of each sex (unless in view of exceptional circumstances it would
not be possible). Only members of the Committee who were present
during all interviews with applicants shall participate in determining
the lists. The final lists are decided either by consensus or by
voting in which the President of the Selection Committee has a casting
vote (in the event of a tie).
Finally, the Rules explicitly provide that in assessing the
applicant’s compliance with Article 21 and linguistic requirements,
members of the Selection Committee should take into account the
standards set by the Committee of Ministers of the Council of Europe,
the Parliamentary Assembly of the Council of Europe and the Advisory
Panel of Experts on Candidates for Election as Judge to the European
Court of Human Rights.
The Ministry of Foreign Affairs took additional effort to
make the members of the Selection Committee aware of all standards
and criteria applied by the Advisory Panel and the Parliamentary
Assembly in their assessment of candidates for the post of judge.
Notably, “A short guide on the Panel’s role and the minimum qualifications required
of a candidate” as well as the Memorandum prepared by the Secretary
General of the PACE on the “Procedure for the election of judges
to the European Court of Human Rights” were both translated into
Polish and made available to the members. Their attention was drawn
to two checklists applied by the PACE members (as annexed to the
aforementioned memorandum). A similar checklist, comprising the
criteria stemming from the Convention and the Rules and based on
the CM Guidelines and the PACE checklists, was prepared to be used
as a subsidiary assessment tool for members of the Selection Committee
in their evaluations of the applicants.
2.6 Interviews
with the Selection Committee
The new Rules codified the existing practice related to the
conduct of interviews with the applicants, securing the transparency
of this process and equal treatment of all persons.
All interviews were held according to the same rules fixed
by the Selection Committee at the first meeting. Those rules were
announced to all applicants in advance and were published on-line
on the MFA’s website. The interviews were conducted in principle
in alphabetical order (with some exceptions made upon justified motions
of the applicants) and the time afforded to each person was identical
(30 minutes). At the beginning, all applicants were given an opportunity
to present their candidatures and justify compliance with Article
21 requirements. They were also asked to share their vision of the
role of judge and that of the Convention and the Court. Subsequently,
all persons received the same set of three questions. All questions
were proposed by the members of the Selection Committee in advance
of the meeting and they decided on the final list of questions shortly
before the start of the interviews. The questions were problem-based,
of a wide scope, requiring the applicants to present their own assessment
based on their knowledge.
All interviews were observed by observers appointed by legal
professions and non-governmental organisations active in the field
of human rights (see the “Transparency” section below for more information).
2.7 Selection
of three candidates
Following each interview, the Selection Committee summarised
the candidature and decided whether it complied or not with Article
21 of the Convention and with linguistic requirements, respectively.
Then, from a group of persons complying with Article 21, the
Committee decided by consensus (after an indicative vote) to choose
a list of three candidates who fulfil to the highest extent all
requirements laid down in Article 21 of the Convention and in the
Rules.
2.8 Public
hearing in the Senate
In order to ensure the transparency of the selection process,
to allow members of the Polish Parliament to acquaint themselves
with the persons to be proposed as candidates to the Council of
Europe, and to increase the role of the civil society in the selection
process, a public and open hearing of the three candidates was organised
in the Senate prior to the submission of the final list to the Parliamentary
Assembly. Senators and invited guests had the opportunity to ask
questions and listen to the responses of the three candidates. Among the
participants were observers of the selection process appointed by
NGOs and legal professions, numerous other representatives of the
civil society, senators, deputies from the Sejm Committee on Justice
and Human Rights as well as members of the Polish delegation to
the Parliamentary Assembly of the Council of Europe, alongside representatives
of the Polish Bar Council, the National Bar Council of Attorneys-at-Law
and the Supreme Administrative Court. The meeting constituted an
opportunity for the discussion on the most important challenges
ahead of the Convention system.
2.9 Transparency
Throughout the whole selection process, special care was taken
to ensure its transparency. Not only was the announcement widely
disseminated, but the MFA also launched a dedicated website (https://www.gov.pl/web/dyplomacja/wybor-sedziego-etpc)
where it regularly published news on the respective stages of the
selection process, including information on persons appointed to
sit as members of the Selection Committee, detailed information
on both meetings of the Selection Committee, the conduct of interviews
with language experts, the rules of conducting interviews with applicants
by the Selection Committee, and – after the respective interviews –
the questions posed to the applicants. All relevant domestic legal
regulations and documents of the Council of Europe could also be
found on that website, including the aforementioned memorandum of
the PACE and the Panel’s short guide in PolishNote. All necessary documents and forms for
the applicants were also made available in one place to facilitate
applying. In addition, the MFA replied to many individual requests
for information on the selection process.
What needs to be particularly emphasised is the fact that
legal professions and all non-governmental organisations whose statutory
activity includes actions in the sphere of promotion and protection
of human rights and freedoms and civil liberties were entitled to
appoint (by 30 April 2024) one observer each to the interviews with
the applicants. The following NGOs availed themselves of the possibility
to appoint observers:
- Amnesty
International Association (Stowarzyszenie Amnesty International)
- Association for Legal Intervention (Stowarzyszenie Interwencji
Prawnej)
- “Better Human Rights” Foundation (Fundacja Lepsze Prawa
Człowieka)
- Citizens Network Watchdog Poland (Sieć Obywatelska Watchdog
Polska)
- Foundation for Women and Family Planning (Fundacja na
rzecz Kobiet i Planowania Rodziny)
- Free Courts Foundation (Fundacja Wolne Sądy)
- Helsinki Foundation for Human Rights (Helsińska Fundacja
Praw Człowieka)
- “Indicium” Foundation (Fundacja Indicium)
- Ordo Iuris Institute for Legal Culture (Instytut na rzecz
Kultury Prawnej Ordo Iuris)
- Professor Zbigniew Hołda Association (Stowarzyszenie im.
prof. Zbigniewa Hołdy)
and so did the following organisations representing legal
professions:
- Regional Bar Council
in Warsaw (Okręgowa Rada Adwokacka w Warszawie).
- Regional Bar Council of Attorneys-at-Law in Gdańsk (Okręgowa
Izba Radców Prawnych w Gdańsku)
All 12 observers were invited to attend the applicants’ interviews
with the Selection Committee. In practice, nine observers on average
followed the interviews each day.
Under the Polish legislation there is no legal provision limiting
the right to respect for private life of persons applying for the
post of ECtHR judge and envisaging the publication of their personal
data. Nevertheless, the applying persons were asked to state if
they agreed to the publication of their candidature by filling in
the relevant form prepared by the MFA. In consequence, 16 applicants
(out of 26 who participated in the interviews) consented and their
data were revealed by the MFA on its website. Obviously, the observers
had full access to the information on the names of the applicants
during the interviews. The observers signed a declaration that they
would keep the applicants’ personal data confidential and would
not disclose the questions posed to the applicants until the completion
of all interviews. They could, however, publish any information
they considered relevant in order to comment on the fairness of
the conduct of the interviews or on the organisation of the selection
procedure. A group of observers submitted to the MFA their comments
on the conduct of the selection process as part of the continuous
dialogue between the ministry and the civil society aimed at ensuring
the highest standards.
The level of transparency applied in the process is compatible
with both the EU General Data Protection Regulation and the CM Guidelines,
which do not contain any recommendation to publish personal data
of all applying persons (cf. paras. V.2-3). The approach adopted
in Poland is similar to that of many other Council of Europe member
States. It is worth recalling here that serious concerns were expressed
in two CDDH reports about the publication of personal data of all
applying persons. Such a practice was described as a challenge that
could possibly discourage potential applicants and was consequently
avoided in the Polish regulations. Therefore, Poland opted for the
approach that left it with the applicants to decide whether they
wished to publish information on their candidatures.
Appendix 1 - Curriculum
vitae of Anna ADAMSKA-GALLANT
I. Personal details
Surname, first name: ADAMSKA-GALLANT, Anna
Sex: female
Date of birth: 26 April 1975
Nationality: Polish
II. Education and
academic and other qualifications
- 14.03.2022 Doctor of
Laws; Dissertation "The institution of the vulnerable witness. A
legal-criminal analysis based on the practice of international criminal
tribunals and hybrid courts”, University
of Wroclaw, defence with cum laude;
- 2012 – 2013 Seminar “Convention for the Protection of
Human Rights and Fundamental Freedoms in the Practice of National
Courts”; Warsaw University;
- 2010 – 2011 Postgraduate studies "Intellectual and Industrial
Property Law"; Jagiellonian University.
- 1993 – 1998 Master's degree studies in law with grade
“very good”; thesis “Preliminary rulings of the European Court of
Justice and their impact on the process of European integration”;
University of Gdansk;
- 1996 – 1998 English Law and Law of the European Union
studies; University of Gdansk
in co-operation with the University of Cambridge Board of Continuing
Education.
Other
- 09.2022-01.2023
Leadership and Managerial Skills; Leadership Academy Poland
III. Relevant professional
activities
a. Description of
judicial activities
- 05.2015 – 06.2018 International
Judge, Supreme Court – Criminal Chamber of Kosovo, the European Union
Rule of Law Mission; hearing appeals, cassation appeals and petitions
for protection of legality as an extraordinary remedy, including
those based on allegations of violations of rights and freedoms guaranteed
by the Kosovo Constitution and the Convention for the Protection
of Human Rights and Fundamental Freedoms; training of local judges
in international criminal law, criminal procedure and human rights
standards;
- 02.2013 – 05.2015 International Judge, Court of First
Instance in Kosovo, the European Union Rule of Law Mission; adjudicating
criminal cases, including war crimes, organised crime and high-level corruption;
training of local judges in international criminal law, criminal
procedure and human rights standards;
- 02.2004 – 02.2013 Judge, District Court in Lublin (since
2010 Lublin – Zachód), Criminal Division; Questions of law referred
to the Constitutional Tribunal:
a on the conformity of Article
226 § 1 of the Penal Code with Article 31 of the Constitution (Case
P 3/06);
b on the conformity of Article 392 § 1 of the Code of Criminal
Procedure with Article 45(1) of the Constitution in conjunction
with Article 2 of the Constitution and Article 6(1) of the Convention
for the Protection of Human Rights and Fundamental Freedoms (Case
P 11/09);
c on the conformity of Articles 244 § 1 and 517 b § 1 of
the Code of Criminal Procedure with Articles 41, 31, 32, 2, and
7 of the Constitution (Case P 24/07);
- 06.2002 – 01.2004 Judicial assessor, the District Court in
Biała Podlaska, misdemeanor division;
- 06.2001 – 05.2002 Judicial assessor,
the District Court in Gdansk, Labour Court; Referral to the Constitutional
Tribunal of a question of law concerning the constitutionality of
the provisions on the privileged position of trade union members
in dismissal proceeding (P 7/02).
b. Description of
non-judicial legal activities
- since
05.2024, Expert on
the fight against migrant smuggling and human trafficking, Expertise
France, EU4FAST project;
- 12.2022 – 07.2023 World Bank expert on judicial reform
in Egypt, Uzbekistan, and Tajikistan;
- since 05.2021:
a Lawyer
in private practice, specialising in criminal law, including
international law, human rights protection and disciplinary proceedings;
b Member of the Professional Development Team of the Regional
Bar Council in Lublin;
c Lecturer for trainee lawyers on the application of the
European Convention for the Protection of Human Rights (starting
from 09.2024);
d Mentor of the team of trainees participating in the moot
court competition organised by the Polish Bar Association on the
application of the European Convention on Human Rights;
e Member of a group of lawyers of the Regional Bar Association
in Lublin organising and providing legal aid for refugees from Ukraine
since February 2022;
f Co-author of a guide on the application of the Law on
Assistance to Ukrainian Citizens in Connection with the Armed Conflict
in The Territory of Ukraine, published by the Regional Bar Council
of Lublin;
a Expert
on Justice and Judicial Reform, Expertise France, EU Pravo-Justice Ukraine – project supporting judicial
reform; appointed by President Zelyensky to the Council of Experts
on Judicial Reform in 2021;
b Strategic advice on judicial reform, strengthening the
independence of the judiciary, promoting integrity and judicial
ethics, best practices in court management and transitional justice;
c Providing advice and support to the legislative work of Verkhovna Rada;
d Cooperation with Ukrainian judicial bodies, including
Supreme Court, High Council of Justice, Council of Judges, National
School of Judges, High Qualification Commission of Judges, State
Judicial Administration;
e Co-operation with international partners working to establish
an independent judiciary and strengthen the rule of law in Ukraine;
f Co-operation with the Venice Commission in assessing the
rule of law compliance of proposed judicial legislation.
c. Description of
non-legal professional activities
I have not engaged in non-legal professional activities.
d. Other professional
activities
a Lecturer –
University of Wroclaw, Faculty of Law, Administration and Economics;
b Expert of the Human
Trafficking Research Center, University of Wroclaw;
- since
2018, Speaker at seminars (selected):
a "Prosecution and adjudication
of crimes under international law", "Human rights in armed conflict”, "Accountability
for sexual violence as a war crime" (National School of Judges of
Ukraine);
b “Human rights in armed conflicts” (NATO MP Centre of Excellence);
c "The role of women judges in developing standards of accountability
for sexual violence as a war crime”, “Reproductive rights and access
to abortion in Poland in the context of human rights” (Universität Konstanz);
d "Protection of vulnerable witnesses in war crimes trials"
(L'Università di Padova);
e “Limits to the freedom of expression of judges and prosecutors”
(l'Ecole Nationale de Magistrature);
f “The importance of the rule of law and the independence
of judiciary” (Deutschen Richterakademie);
g “Judges under pressure” (Comenius Project);
- 05.2012 – 02.2013 Judge
on secondment to the Ministry of Justice, Department of Strategy;
a Development of strategic
assumptions for a draft regulation proposing systemic changes in
legislation, through the introduction of competitive procedures
for the selection of court presidents.
IV. Public activities
a. Public office
I have not held any public office.
b. Elected posts
I have not held any elected posts.
c. Functions held
in political parties or movements
From 1999 to 2001, I was a member of the Regional Council
of the Union of Freedom (Unia Wolności) in
the Pomeranian Voivodship.
V. Other activities
a. Field
- “Model Court Initiative”
– project on improvement of court administration
- Development of a concept and implementation strategy for
the project “Model Court Initiative” (Modelnyi Sud) within
EU Pravo Justice Ukraine, aimed at ensuring the right to a fair
trial, access to justice and creating service-oriented courts for
the people by:
a changing the organisation
of work in the courts, improving communication, implementing modern methods
of human resources management, introducing IT solutions and increasing
security;
b promoting solutions to meet the needs of vulnerable groups
of court users, including victims of crime and witnesses, taking
into account the protection of their welfare while respecting the
rights of the parties to a fair trial, by developing procedures
and training programmes, as well as conducting training of trainers in
cooperation with the National School of Judges of Ukraine;
c "Volunteers in Courts" programme, implemented in Ukrainian
courts in co-operation with law faculties and the National Network
for Free Legal Aid, aimed at introducing volunteer services to meet
the needs of court users.
b. Duration
The implementation of the Model Court Initiative project began
in 2019, when six courts were appointed as participants by the High
Judicial Council of Ukraine. By the end of 2023, more than 90 courts
from across the country joined the project on their own initiative,
creating a network of courts implementing model solutions. Since
the beginning of 2024, the project has been implemented in close
cooperation with the Ukrainian Association of Court Employees (Vseukrainska Asociacija Pracivnikiv Sudu, VAPS);
c. Functions
- From June 2018 to December
2023 – Head of the Component on Judicial Reform of the EU Pravo Justice
Ukraine; key activities in this capacity included developing strategic
and action plans, managing experts and supervising their work, as
well as collaborating with Project beneficiaries, government agencies,
international organisations, and civil society groups;
- From 2008 to 2010 – head of the largest criminal division
in the District Court of Lublin, overseeing a team of 13 judges
and up to 30 court employees; responsibilities included managing
case flow, supervising complex criminal cases, and ensuring efficient
resource allocation; mentoring judges and staff, promoting professional
development, and maintaining high ethical standards, acting as a
liaison between the court and the public, addressing concerns and
promoting transparency in judicial proceedings;
- From 2009 to 2011, a member of the National Board of the
Polish Judges Association “Iustitia”, responsible for international
relations to facilitate co-operation with international judicial
bodies; representative of the association in global forums, including
permanent representation in the Medel Magistrats
Européens Pour La Démocratie et les Libertés;
- From 2009 to 2013 – president of the Lublin branch of
the Polish Judges Association “Iustitia”.
VI. Publications and
other works
- "Vulnerable witnesses
in practice of international courts – definition and trauma as the
key risk factor", Peace Human Rights Governance 2024, published first online https://phrg.padovauniversitypress.it/2024/aof/5?fbclid=IwZXh0bgNhZW0CMTAAAR28Rp73mMxBnbEnm72-TBqJpyFwgbqpQdyDWvRw5iu4ajQwkEVFdapJ4mM_aem_Adk4hQ7Fz62CQQSSMJvt21SPaeMoke0mGDkB4_0dhleQAvGmqqOR4_uFXp1nxXBljENvbPKd0VazepGopeAAkW09;
- "Shielding victims of war crimes and other vulnerable
witnesses in the practice of international and hybrid courts", June
2024;
- "Backsliding of the Rule of Law in Poland – a Systemic
Problem with the Independence of Courts”, in: International Journal
of Court Administrators, No. 3 (13), 2022, https://iacajournal.org/articles/10.36745/ijca.474;
- "Women judges in transitional justice and their impact
on trials on cases of sexual and gender-based violence committed
as war crimes", in: Trayectorias Humanas
Trascontinentales, No. 10 (2023), https://www.unilim.fr/trahs/5189;
- “The Handbook for Model Courts in Ukraine (in Ukrainian),
Pravo-Justice, Kyiv 2019;
- "On the Elections to the Supreme Court in Ukraine", in:
Quarterly of the Association of Polish Judges "Iustitia" No. 4 (34)
2018;
- “Freedom, equality and property in the Leke Dukagjini
Code”, in: Wrocław Erasmian Studies X, Wrocław 2017;
- "The principle of separation of powers – commentary on
the Constitutional Court's judgment" published on http://www.questionegiustizia.it/articolo/il-principio-di-divisione-dei-poteri-e-le-sue-concrete-realizzazioni_03-02-2016.php;
- "Videoconferencing in the practice of international criminal
tribunals", in: "Electronic protocol as an opportunity for a transparent
and speedy trial", Warsaw 2015;
- "Supranational organization – basic assumptions and their
implementation in the European Communities" in: European Studies,
vol. IV, Adam Marszałek, Toruń 1999.
VII. LanguagesNote
|
Language
|
English
|
French
|
Ukrainian
|
Serbian / Croatian
|
Russian
|
|
Reading
|
C2
|
C1
|
C2
|
B2
|
B2
|
|
Writing
|
C2
|
B2
|
C1
|
B2
|
B1
|
|
Speech
|
C2
|
B2
|
C1
|
B2
|
B1
|
|
How
is knowledge acquired?
|
learning at school, language
courses, including specialised courses for lawyers (TOLES certificate);
since 2013 working as an international judge and for projects where English
is the working language
|
French language course;
DELF B1 exam
|
Self-study related to
permanent residence in Ukraine for 2 years, more than 5 years of
work in the EU project Pravo-Justice Ukraine
|
Self-study related to
working as a judge in the Balkans;
B1 level examination passed
at the University of Belgrade;
|
Primary and secondary education; knowledge refreshed
in connection with work for the EU Pravo-Justice Ukraine project;
|
VIII. Other relevant
information
- Expert on the Justice Rapid Response roster –
specialising in working with vulnerable witnesses, including victims
of sexual violence in armed conflict;
- Sunflowers Project – member of an international network
of lawyers involved in documenting war crimes committed in Ukraine;
member of the founding board of the Sunflowers Foundation;
- Member of the Prof. Zbigniew Hołda Association – participation
in educational activities;
- Member of the International Criminal Law Association;
- Observer in criminal proceedings against Turkish judges
on behalf of EuroMed Rights;
- Observer at disciplinary proceedings against judges in
Bulgaria and Serbia on behalf of the organisation Medel Magistrats Européens Pour La Démocratie et
les Libertés.
IX. Improving language
skills
If you do not have the level of proficiency in the official
language required for the position of judge, please confirm your
intention to attend an intensive course in the language concerned
before and, if necessary, also at the beginning of your term of
office, if elected as a judge of the Court.
[x] Yes, I confirm
X. Residence in Strasbourg
Please confirm your willingness to live permanently in Strasbourg
if elected as a judge of the Court.
[x] Yes, I confirm
Appendix 2 - Curriculum
vitae of Małgorzata WASEK-WIADEREK
I. Personal details
Name, Surname: WASEK-WIADEREK, Małgorzata
Sex: female
Date and place of birth: 1 May 1971 in Janów Lubelski
Nationality: Polish
II. Education and
academic and other qualifications
- 1990-1995 – studied
law at the Faculty of Law of the John Paul II Catholic University
of Lublin (thereafter: “KUL”); obtained the Master of Law degree;
thesis title: “The essence and principles
of criminal procedure”.
- 1995-1996 – Master of Laws programme at the Faculty of
Law of the Catholic University of Leuven, Belgium; obtaining Master
of Laws degree (LL.M.); thesis supervisor: Prof. Paul Lemmens; thesis
title: “The Principle of Equality of
Arms in Criminal Procedure under Article 6 of the European Convention
on Human Rights and its Functions in Criminal Justice of Selected
European Countries. A Comparative View”, Leuven Law Series
No. 13, Leuven 2000.
- 26 August – 6 September 1996 – completion of the advanced
course on the international protection of human rights; Åbo Akademi
University Institute for Human Rights (Finland).
- 2002 – Doctorate
(PhD) in law at the Faculty of Law, KUL; thesis title: “The principle
of equality of arms in the Polish criminal procedure – a comparative
perspective”.
- 2013 – Habilitation in law at the Faculty of Law, KUL;
thesis title: “Jurisdictional independence of the criminal court
with reference to the competence of the Constitutional Tribunal
and the European Courts”; specialization: criminal procedure; human
rights; European law.
III. Relevant professional
activities
a. Description of
judicial activities
- Since
November 2018 – judge of the Supreme Court of Poland, Criminal Chamber;
recommended for this post by the National Council of the Judiciary
in May 2017 and appointed by the President of Poland in November
2018; resolution of legal questions in concreto and in abstracto;
adjudication of cassation appeals, motions for reopening of proceedings
and other cases falling within the competence of the Criminal Chamber
of the Supreme Court.
- 2004 – November 2018 – expert in the Research and Analyses
Office of the Polish Supreme Court; preparation of legal opinions,
materials for judges, including reviews of the current case law
of the European Court of Human Rights and the Court of Justice of
the European Union; from March 2017 to November 2018 – Focal Point
of the Polish Supreme Court in the Superior Courts Network established by
the European Court of Human Rights.
- 2014-2016 – ad hoc judge
of the European Court of Human Rights indicated by the Polish Government.
b. Description of
non-judicial legal activities
- Since
1996– academic employed
at the John Paul II Catholic University of Lublin; initially as
an scientific assistant, then as an assistant professor, senior
lecturer;since 2015 – as
the university professor; since 2015 – the Head of the Department of Criminal Procedure
at the Faculty of Law; lecturer on criminal procedure, case law
of the European Court of Human Rights in criminal matters (classes
conducted also in English) and judicial co-operation in criminal
matters in the European Union.
- March 1997 – June 2004 (on unpaid leave from June 2004
to 2008; working time – ½ full time) – employee of the Ministry
of Foreign Affairs, lawyer in the Legal and Treaty Department in
the team of the Plenipotentiary of the Ministry of Foreign Affairs
for the representation of Poland before the European Court of Human
Rights; preparation of written pleadings of the government in the
proceedings before the European Court of Human Rights in dozens
of cases; representation of the Government at the hearings before
the European Court of Human Rights in the following cases: Musiał p. Poland (1998); Belziuk p. Poland (1997), Niedbała p. Poland (2000); Kudła p. Poland (2000); Włoch p. Poland (2000); Litwa p. Poland (2000); representing
the Ministry of Foreign Affairs at sessions of the Committee of Ministers
of the Council of Europe concerning the execution of judgments of
the European Court of Human Rights.
- 2009-2016 – Member of the Criminal Law Codification Commission
– the group of experts appointed by the Prime Minister on the motion
of the Minister of Justice.
- 2012-2016 – Member of the Advisory Legal Committee to
the Minister for Foreign Affairs.
- Since April 2024 – Member
of the Criminal Law Codification Commission – the group of experts appointed
by the Prime Minister on the motion of the Minister of Justice.
c. Description of
non-legal professional activities
Research and study visits in national and foreign research
institutes:
- 27 March – 7 April
2017 – study visit at Sulkhan-Orbeliani Teaching University in Tbilisi
(Gorgia).
- Research visits to the Max-Planck Institute for Foreign
and International Criminal Law in Freiburg (Germany) during the
following periods: February 2002; September 2008, January – February
2009, January – February 2010.
- August 1999 and July – August 2006 – library queries and
visits in the Institute for Human Rights, the Faculty of Laws of
the Catholic University in Leuven (Belgium).
- March 2000 – research visit to the Faculty of Law of the
Jagiellonian University (Kraków).
d. Other professional
activities
As part of research and teaching activities – conducting trainings
and lectures on the European system of human rights protection,
in particular:
- 2005-2015 –
giving lectures and training courses on the protection of human
rights and the case law of the European Court of Human Rights, organised
for various audiences by the Polish Helsinki Foundation for Human
Rights.
- 2008-2017 – giving lectures and training courses for judges
and prosecutors on the case law of the European Court of Human Rights,
organised initially by the Council of Europe Information Office
in Warsaw and later by the European Centre of the University of
Warsaw.
- 2015-2016 – giving lectures on the protection of human
rights in criminal proceedings at postgraduate courses organised
by the Jagiellonian University.
- 2014-2018 – giving lectures on international human rights
protection in the National School of Judiciary and Public Prosecution
on several occasions.
IV. Public activities
a. Public office
- 1997-2004 – post in
the Ministry of Foreign Affairs.
- since 2015 – the Head of the
Department of Criminal Procedure at the Faculty of Law, Canon Law and
Administration of the John Paul II Catholic University of Lublin.
- since November 2018 – Judge
of the Criminal Chamber of the Polish Supreme Court.
- since April 2024 – Member
of the Criminal Law Codification Commission – the group of experts appointed
by the Prime Minister on the motion of the Minister of Justice.
b. Elected posts
- since
November 2018 – Judge of the Criminal Chamber of the Polish Supreme
Court.
c. Posts held in a
political party or movement
I have never belonged to a political party or movement.
V. Other activities
a. Field
Implementation of several national scientific projects in
the field of criminal procedure and judicial co-operation in criminal
matters in the European Union:
- 2018-2021
– implementation of the research project “Complaint against the
judgment of the court of appeal as an instrument for accelerating
criminal proceedings and reducing the “cassation” nature of appeal
proceedings”, funded by the National Science Centre.
- 2008-2012 – implementation of a research project “Changes
in the scope of jurisdictional independence of a criminal court
as a result of Poland's accession to the European Union”, funded
by the Ministry of Science and Higher Education.
- 1999-2001 – implementation of the research project “The
principle of equality of arms in criminal procedure”, financed by
the Committee for Scientific Research.
b. Duration
Implementation of several international scientific projects
in the field of criminal procedure and judicial co-operation in
criminal matters in the European Union:
- 2007-2010 – Participation (as reviewer of the national
report) in the project “Effective defence rights in the EU and access
to justice: investigating and promoting best practice”, funded by
the European Union and the Open Society Institute.
- 2018-2019 – Participation in the implementation of the
project ‘InAbsentiEAW’ – Improving Mutual Recognition of European
Arrest Warrants for the Purpose of Executing in absentia Judgments’,
funded by the European Commission under the Justice (2014-2020)
programme.
- 2020-2022 – Participation in the implementation of the
project ‘Improving Mutual Recognition of European Arrest Warrants
through Common Practical Guidelines (ImprovEAW)’, funded by the European
Commission under the Justice programme.
- Since 2023 – Participation
in the implementation of the project ‘Mutual Recognition 2.0: Effective, Coherent,
Integrative and Proportionate Application of Judicial Cooperation
Instruments in Criminal Matters (MR2.0)’, funded by the European
Commission under the Justice Programme.
c. Functions
- Since
September 2014 – Member of the International Penal and
Penitentiary Foundation.
- Since 2020 – Member
of the International Association of Penal Law (IAPL/AIDP).
- Since 2013 – Member
of the Professor Zbigniew Hołda Association.
VI. Publications and
other works
Author of more than 100 publications on criminal procedure,
human rights and EU law, including in particular:
- (co-authorship with V. Glerum)
Detention Pending Execution of the European Arrest Warrant – Dutch and
Polish Experience. Some Reflection from the Human Rights Perspective,
Review of European and Comparative Law, 54(3), 2023, p. 89–124.
- European standard of compensation for wrongful convictions,
(in:) Compensation for Wrongful Convictions. A Comparative Perspective,
eds. W. Jasiński, K. Kremens, London – New York 2023, Routledge,
p. 183-199.
- Healthcare and human rights requirements as regards detainees
with psychiatric disturbances, (in:) Mental Health and Criminal
Justice, eds. P.H.P.H.M.C. van Kempen and M.J.M. Krabbe, Hague 2021, p.
167-184.
- A New Model of Appeal Proceedings in Criminal Cases: Acceleration
v. Fairness? A Few Remarks from the Perspective of the Standards
of Protecting Human Rights, XXX(4) Studia Iuridica Lublinensia (2021), p.
187-207.
- Admissibility of Statements Obtained as a Result of ‘Private
Torture’ or ‘Private’ Inhuman Treatment as Evidence in Criminal
Proceedings: Emergence of a New European Standard?, 7(1) Revista
Brasileira de Direito Processual Penal, p. 343–374 (Jan./Apr. 2021).
- ‘Dual Legal Representation’ of a Requested Person in European
Arrest Warrant Proceedings – Remarks from the Polish Perspective,
41(2) Review of European and Comparative Law, (2020) p. 35–54.
- Advisory Opinions of the European Court of Human Rights:
Do National Judges Really Need This New Forum of Dialogue? (in:)
Judicial Power in Globalized World Liber Amicorum Vincent De Gaetano,
Paulo Pinto de Albuquerque, red. Krzysztof Wojtyczek, Springer 2019,
p. 637–652.
Publications in Polish:
- Obligations
of a state to protect persons against stalking under Article 8 of
the European Convention on Human Rights and other standards of the
Council of Europe, (in:) Stalking, ed. M. Mozgawa, Warszawa 2018,
p. 179-194.
- Standard of protection of the rights of the accused under
the European Convention on Human Rights, (in:) System prawa karnego
procesowego. Tom VI. Strony i inni uczestnicy postępowania karnego, scientific
ed. C. Kulesza, main ed. P. Hofmański, Warszawa 2016, p. 524-612.
- “The right to die with dignity” in the jurisprudence of
the European Court of Human Rights, (in:) Eutanazja, ed. M. Mozgawa, Warszawa
2015, p. 281-302.
VII. LanguagesNote
|
Language
|
English
|
German
|
Russian
|
French
|
|
Reading
|
C2
|
A2
|
A1
|
B2
I understand
legal texts.
|
|
Writing
|
C1
|
A1
|
A1
|
A1
|
|
Speaking
|
C1
|
A1
|
A1
|
A1
|
|
How
acquired?
|
Language course at the
university; participation in one-year study conducted in English
at KU Leuven; preparation of written pleadings in English during employment
in the Ministry of Foreign Affairs.
|
Language course in secondary
school; reading of books for scientific purposes.
|
Language course in primary
school.
|
Participation in the
language course in primary school; employment in the Ministry of Foreign
Affairs.
|
VIII. Other relevant
information
I am married and I have two children (born in 2002 and 2004).
IX. Upgrading language
skills
In the event that you do not meet the level of language proficiency
required for the post of judge in an official language, please confirm
your intention to follow intensive language classes of the language
concerned prior to, and if need be also at the beginning of, your
term of duty if elected a judge on the Court.
[X] Yes, I confirm.
X. Residency in Strasbourg
Please confirm that you will take up permanent residence in
Strasbourg if elected a judge on the Court.
[X] Yes, I confirm.
Appendix 3 - Curriculum
vitae of Adam WIŚNIEWSKI
I. Personal details
Name, Surname: WIŚNIEWSKI, Adam
Sex: male
Date of birth: 1st March 1963
Nationality: Polish
II. Education and
academic and other qualifications
- 1982-1987 Studies in
law at the Faculty of Law of the University of Gdańsk
- 1985 Summer School, International Institute of Human Rights,
Strasbourg
- 1987 Master of Laws – higher education diploma at the
Faculty of Law of the University of Gdańsk with distinction
- 1988 Peace Studies Course, International Summer School,
University of Oslo
- 1987-1989 Judge legal training, District Court in Gdańsk
- 1989 Judicial examination passed with a very good result
- 1991-1992 Doctoral studies at the University of Oxford
- 1995-1996 Legal counsel application, District Chamber
of Gdańsk Counselors in Gdańsk
- 1996 The attorney-at-law exam passed with a very good
result
- 1996 Entry into the list of legal advisors by the District
Chamber of Legal Advisors in Gdańsk
- 1996 Doctor of Laws
- 2006 Post-doctoral research at the European Court of Human
Rights in Strasbourg
- 2008 Doctor habilitated in legal sciences
- 2010 University professor
- 2016 Research at the International Institute of Humanitarian
Law in San Remo
- 2022 Research at the Academy of European Law in Florence
- 2023 Research at the Institute of International and Comparative
Law in London
III. Relevant professional
activities
a. Description of
judicial activities
During the period from 1987 to 1989, I completed the judicial
training required to take up the position of a judge, which included,
among others: practice in various departments of district and regional
courts, culminating in passing the judicial examination with a very
good result. I obtained formal qualifications to serve as a judge
in Polish courts.
b. Description of
non-judicial legal activities
As a professor specialising
in public international law and human rights law, as well as a practicing legal advisor, I combine professional
knowledge of Polish law with knowledge of public international law,
with particular emphasis on the European system for the protection
of human rights. I conduct systematic research and regularly teach
international law and international and European human rights law.
At the same time, since 1998, I have been practicing law as the
legal advisor appearing in cases before common courts, the Supreme Court,
the Constitutional Tribunal and administrative courts, preparing
pleadings, appeals and legal opinions, etc.
My non-judicial legal activities have so far included, in
particular, the following functions:
- From 1988 to 1996 Assistant at the Faculty of Law of the
University of Gdańsk
- From 1996 to 2010 Doctor of Law at the Faculty of Law
of the University of Gdańsk
- Since 1998 Legal advisor
- Since 2010 Professor of the
University of Gdańsk
- Since 2010 Head of the Chair
of International Law, Faculty of Law and Administration, University of
Gdańsk
- From 2015 to 2023 Member of the Advisory Board of Balex
– an international cluster founded in 2014 in Turku, Finland, by
the University of Turku and Åbo Academy
- Since 2016 Chairman of the
legal section of the Space Research Commission at the Polish Academy
of Sciences, Branch in Gdańsk
- Since 2016 Member of the examination
committee for advocates legal training at the Minister of Justice
- Since 2021 Chairman of the
Committee for disciplinary liability of academic teachers, students and
doctoral students
- Since 2024 Member of the Advisory
Legal Committee to the Minister of Foreign Affairs
c. Description of
non-legal professional activities
I do not conduct any professional activities outside law.
d. Other professional
activities
I do not conduct any other professional activity.
IV. Public activities
I do not conduct public activities.
a. Public office
I have never held any public office.
b. Elected posts
I have never held any elected post.
c. Posts held in
a political party or movement
I have never held any post in a political party or movement.
V. Other activities
a. Field
I have a long-lasting and extensive experience in the field
of human rights as a researcher, university professor and legal
advisor. I conduct research in the field of human rights, which
is reflected in numerous publications in this field. I regularly
teach public international law and international and European human
rights law, giving lectures to students, as well as part of legal
counsel training. I prepared expert opinions in the field of human rights,
including for example the expert opinion for the Ministry of Foreign
Affairs on Józef Janowski's complaint against Poland regarding the
violation of freedom of expression in 1998.
b. Duration
My involvement in the field of human rights dates back to
my activities as a student and later as the assistant at the Faculty
of Law, University of Gdańsk and has lasted at least 35 years.
c. Functions
My activities in the field of human rights have been connected
mainly with my function as a university professor as well as the
legal advisor.
VI. Publications
and other works
Books:
- The Interpretation of the European Convention
on Human Rights, Wydawnictwo Uniwersytetu Gdańskiego,
Gdańsk 2021, pp. 262, (in English);
- The European Court of Human
Rights – Between Activism and Passivism, Wydawnictwo
Uniwersytetu Gdańskiego, Gdańsk 2016, pp. 218, (in English);
- The Doctrine of Margin of Appreciation in the Case Law
of the European Court of Human Rights, Wydawnictwo Uniwersytetu
Gdańskiego, Gdańsk 2008, pp. 482, (in Polish);
Articles:
- The Protection of Entrepreneurs in the European
Convention on Human Rights, “Białostockie Studia Prawnicze”,
vol. 28, no. 4, 2023, pp. 11-23, (in English);
- The European Court of Human
Rights and Internet-Related Cases, “Białostockie Studia
Prawnicze” vol. 26, no. 3, 2021, pp. 109-133, (in English);
- European Court of Human Rights
and Democracy, „Studia nad Autorytaryzmem i Totalitaryzmem”
No. 4, vol. 42, 2021, pp. 7-29, (in Polish);
- On the Constitutional Nature of the Convention for the
Protection of Human Rights and Fundamental Freedoms, in: Agnieszka
Gajda [et al., ed.] “Polish constitutionalism: reflections on the
occasion of the 70th anniversary of the birth and 45th anniversary
of the scientific work of Professor Andrzej Szmyt”, 2020, pp. 584
-596, (in Polish);
- The European Court of Human Rights as the Constitutional
Court of Europe? „Prawo i Więź”, No. 4 (34), pp. 320-347, (in Polish);
- The impact of the European
Convention of Human Rights on the Polish legal system,
“Polish Review of International and European Law”, vol. 9, No. 1,
2020, pp. 153-184, (in English);
- Proportionality and Fair Balance in the Case Law of the
European Court of Human Rights, “Gdańskie Studia Prawnicze” No.
2, 2019, pp. 57-70 (in Polish).
VII. LanguagesNote
|
Language
|
English
|
French
|
Russian
|
|
Reading
|
C2
|
C1
|
B1
|
|
Writing
|
C2
|
A2
|
A1
|
|
Speaking
|
C2
|
A2
|
A1
|
|
How
acquired?
|
many years of education, studies
at the University of Oxford
|
the course at the University
of Gdańsk
|
education at the primary and
secondary school
|
VIII. Other relevant
information
My post-doctoral thesis (monograph) “The Doctrine of Margine
of Appreciation in the Case Law of the European Court of Human Rights
received the first prize in the best habilitation category in the
prestigious competition of the "State and Law" magazine in 2010.
I have many years of experience in adjudicating as the chairman
of the committee for disciplinary liability of academic teachers,
students and doctoral students.
I received the “Medal of the National Education Commission”
for special contributions to education and upbringing in 2014.
I obtained a Certificate of Proficiency in English from the
University of Cambridge with an A grade while studying at the University
of Oxford.
IX. Upgrading language
skills
In the event that you do not meet the level of language proficiency
required for the post of judge in an official language, please confirm
your intention to follow intensive language classes of the language
concerned prior to, and if need be also at the beginning of, your
term of duty if elected a judge on the Court.
[X] Yes, I confirm
X. Residency in Strasbourg
Please confirm that you will take up permanent residence in
Strasbourg if elected a judge on the Court.
[X] Yes, I confirm
