Letter from Ms Agne Martinez, Chargée d' Affaires, a.i., Permanent Representation of the Republic of Lithuania to the Council of Europe, to Ms Chatzivassiliou-Tsovilis, Secretary General of the Parliamentary Assembly, dated 27 November 2023.
Pursuant to Resolution CM/Res(2010)26, the Permanent Representation of the Republic of Lithuania to the Council of Europe has the honour to submit to the Parliamentary Assembly of the Council of Europe the Curriculum vitae of selected Lithuanian candidates and information on the process of selection and nomination of Lithuanian candidates for election as Judge to the European Court of Human Rights.
Please be informed that Advisory panel of Experts on Candidates for Election as Judge to the European Court of Human Rights concluded that all three candidates satisfy the minimal requirements, and that national selection procedure does not raise any particular issue.
By a letter of 6 May 2021, the Secretary General of the Parliamentary Assembly of the Council of Europe invited Lithuania to submit a list of three candidates for the position of Judge to the European Court of Human Rights (hereinafter referred to as "the Court").
Subsequently, national selection procedure was conducted in the beginning of 2022. Upon the completion of this procedure by a specially formed working group, the President of the Republic of Lithuania, on the basis of the proposal made by the Prime Minister, submitted the list of the following three candidates: Lyra Jakulevičienė, Aistė Račkauskaitė-Burneikienė and Gediminas Sagatys.
[…]
With due consideration of the Advisory Panel’s opinion, Lithuania decided, firstly, to adopt a new legislation regulating the national selection process, and then to carry out a new procedure for the selection of candidates for election as Judge to the Court.
Amendments to the Law on the Government of the Republic of Lithuania were initiated. They were adopted by the Seimas of the Republic of Lithuania on 23 December 2022 and entered into force on 31 December 2022. The adopted amendments concerned the procedure of selection of candidates for election as Judge to the Court, as well as the Judge and Advocate General to the Court of Justice of the European Union (hereinafter referred to as "CJEU"). To ensure the proper implementation of these amendments to the Law on the Government, on 2023 February 22 a resolution no. 106 of the Government of the Republic of Lithuania was adopted. This resolution establishes a selection procedure of candidates for Judge to the Court, as well as Judge and Advocate General to the CJEU.
A newly established procedure includes, among other provisions, the following:
The selection procedure in question was organised in accordance with the newly approved legal acts governing the national selection procedure for Judge to the Court and Judge and Advocate General to the CJEU.
The selection was carried out by the working group set up by Order No 58 of the Prime Minister of the Republic of Lithuania of 24 March 2023 (hereinafter referred to as "the Working Group"). The members of the Working Group were the following: 1) Gintaras Goda – President of the Constitutional Court of the Republic of Lithuania (Head of the Working Group); 2) Gabrielė Juodkaitė-Granskienė – President of the Criminal Cases Division of the Supreme Court of Lithuania; 3) Erika Leonaitė – Head of the Seimas Ombudsmen's Office of the Republic of Lithuania; 4) Vytautas Nekrošius – Professor at Vilnius University, Habilitated Doctor, Member of the Lithuanian Lawyers' Association; 5) Sigita Rudėnaitė – Judge of the Supreme Court of Lithuania, Chairman of the Council of Judges; 6) Kęstutis Švirinas – Attorney-at-Law, Member of the Council of the Lithuanian Bar Association; 7) Skirgailė Žalimienė – President of the Supreme Administrative Court of Lithuania.
The purpose of the selection process carried out by the Working Group was to identify candidates meeting the requirements for Judge to the Court and to inform the Prime Minister about them in order to enable him to submit a reasoned proposal on three candidates.
The Working Group had four meetings – on 6 April, 9 and 30 May and 23 June 2023. The call for applications was announced on 11 April 2023. Applicants were asked to submit cover letters and CVs in Lithuanian, English and French by 10 May 2023 and certificates of proficiency in French and English by 24 May 2023. In view of the low number of applications received, these deadlines for the document submission were extended to 24 May 2023 and 7 June 2023, respectively. The information regarding the initiation of the selection procedure and the extension of deadlines was made public (published on the official website of the Ministry of Justice, disseminated to the media, through social networks, sent to the faculties of law of Lithuanian universities, the Judicial Council, the Lithuanian Bar Association, the Prosecutor General's Office of the Republic of Lithuania, the Lithuanian Lawyers' Association, the Seimas Ombudsmen's Office of the Republic of Lithuania, with the request to publish similar information on their websites).
In total nine applications were received. The list of the applicants and their CVs in Lithuanian was made public on the official website of the Ministry of Justice.
On 23 June 2023, a meeting of the Working Group took place at the premises of the Ministry of Justice. During this meeting, the Working Group conducted selection interviews with the applicants. As one applicant informed on 22 June 2023 that he was withdrawing his application and would not participate in the selection process, selection interviews were conducted with eight applicants. At the end of the selection interviews, each member of the Working Group scored the applicants on a scale of 1 to 10 and entered the scores in the applicants' individual evaluation score sheets. Once the individual evaluation sheets had been completed and signed by the members of the Working Group, a summary table of the applicants' evaluation scores was completed. It contained the individual evaluation scores, aggregated and divided by the number of members of the Working Group who evaluated the individual applicant. The total scores of the applicants were thus calculated and entered in the summary table. The scores were rounded to the hundredth part.
Based on the results obtained, the Working Group adopted a list of candidates meeting the requirements for Judge to the Court. The list included four persons who have been assessed by the Working Group as meeting the requirements for judges of the Court and who have obtained at least 8 evaluation points out of 10. This list was submitted to the Minister of Justice. The Minister of Justice submitted the list to the Prime Minister. The Prime Minister, after assessing all the candidates on the list, submitted to the Government a reasoned proposal for the nomination of the 3 best ranked candidates on the list (in alphabetical order of surname):
The Government then got the approval of the President and the Seimas, and adopted a resolution on proposing the 3 above-mentioned candidates for election as Judge to the Court:
In conclusion, the national process of selecting and nominating Lithuanian candidates for election as Judge to the Court has been completed. Consequently, the list of proposed candidates, along with the necessary documents, is being presented to the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights.
Name, forename: JAKULEVIČIENĖ Lyra
Sex: Female
Date and place of birth: 6 November 1974, Vilnius, Lithuania
Nationality: Lithuanian
Various courses and internships on human rights and refugee protection in Åbo Academy: Advanced Human Rights’ Course (Turku, Finland), International Humanitarian Law Institute (San Remo, Italy), International Comparative Law Institute (Strasbourg, France), Protection Learning Programme (UNHCR) and others. Courses on leadership and negotiation skills, programme management, gender equality, organisational ethics and others.
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Over 20 legal research projects and advocacy in various areas of human rights, operation of judicial processes, e.g.:
Additional academic activities: lecturer of EU Asylum and Immigration Certificate (Brussels Free University/Odysseus Network, 2007, 2009, 2023); lecturer of International Refugee Law Summer School (Brussels Free University/Odysseus Network, 2008, 2012), visiting professor at various European Universities.
o “External evaluation of the implementation of the Operating Plan for Greece for 2018, 2018-2019”, EASO, senior expert;
o “Legal and practical implementation of EU legal migration legislation”, FITNESS Check, European Commission, 2017, legal expert;
o “Context analysis on migration and asylum related matters in Tunisia, Morocco, Egypt and Algeria”, 2016, EASO, expert;
o “Judicial Analysis on Qualification for International Protection”, 2015-2016, International Association of Refugee Law Judges, legal expert.
o Phare SEIL project (assessment of situation in the areas of justice and home affairs in Lithuania and proposing measures to align national legislation and practice to EU acquis) 1999-2000, national expert.
o Worked with human rights issues relevant for various European countries at EU and CoE human rights institutions (member of European Commission against Racism and Intolerance (ECRI) for Lithuania (CoE, Strasbourg), member of the Executive Board, Management Board, Strategy Committee, Appeals’ Committee, Annual Report on Fundamental Rights Committee (AREDIT) of the EU Fundamental Rights Agency (Austria)).
o Over eight years’ experience at UNDP Lithuania working towards enhancement of protection of social and economic rights of Lithuanian residents, addressing discrimination and intolerance of most vulnerable individuals (homeless, Roma, long-term unemployed, etc.); engaging business community in addressing labour rights and human rights more broadly in business operations in Lithuania and elsewhere.
o Six years’ experience at UNHCR Lithuania, Sweden and Turkey working towards establishment of refugee protection system in Lithuania, improvement of protection situation and enhancement of rights of asylum seekers, refugees and irregular migrants, training border guards, migration and asylum officials, judges on international human rights principles and protection of vulnerable individuals; established free legal aid system for asylum seekers and refugees in Lithuania.
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Author of over 40 scientific publications in various fields of human rights and international, EU law and two books (“International Treaty Law” (2011) and “Refugee Law” (2005), editor of annual scientific journal “Lithuanian law: key developments” and several books.
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I confirm the intention to take up permanent residence in Strasbourg if elected.
Name, forename: SAGATYS Gediminas
Sex: male
Date and place of birth: 2 August 1977, Lithuania
Nationality: Lithuanian
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During my legal studies and professional career, I gained experience in the field of human rights from various activities.
In 2000-2004 I pursued my PhD studies in law. The topic of my PhD thesis was “Vaiko teisė į šeimos ryšius Europos žmogaus teisių ir pagrindinių laisvių apsaugos konvencijoje ir Lietuvos teisėje” [The Right of the Child to Family Relations in the European Convention for the Protection of Human Rights and Fundamental Freedoms and in the Law of the Republic of Lithuania]. The findings and recommendations of the dissertation had a significant impact on national legislation (e.g., introduction of judicial control over administrative decisions on removal of a child from parents) and case-law (e.g., strengthening of the principle of non-discrimination in child custody cases).
At the beginning of my professional career, I built my skills in the area of human rights by participating in various specialised courses. These included the Course on International Protection of Human Rights (7,5 ECTS credits, diploma received) and the Intensive Course on Justifiability of Economic, Social and Cultural Rights (8 ECTS credits, diploma received) at the Institute for Human Rights at Åbo Akademi University, Finland (2003 and 2005); Course “Leaders for the 21st Century” (diploma received) at the George C. Marshall European Center for Security Studies, Germany (2003); Distance Learning Course “The Introduction to the European Human Rights Protection and Promotion” (diploma received) by the Human Rights Education Associates, United Kingdom (2005).
As a judge I participated in a number of study visits and exchange programs for judicial authorities thus expanding my knowledge of the international and national mechanisms of human rights protection, e.g.: study visit at the European Court of Human Rights (2015); study visit of the Lithuanian and Norwegian judges to the Dutch judiciary system (2023); exchange programs for judicial authorities in Spain (2015) and in France (2023).
During my master`s degree studies (1998-2000) I was an active member of the University`s Law Clinic, which provided free legal aid to the needy. This involved legal advice and preparation of court procedural documents.
During my time as a practicing attorney at one of the largest law firms in Lithuania (2007-2013), I represented clients in different areas of law (civil, commercial, administrative, labour and criminal) before all Lithuanian courts, including the Constitutional Court. My clients were both private and public entities. I also assisted persons with the lodging of applications to the European Court of Human Rights for alleged human rights abuses.
My primary tasks as a Chief Specialist of the Legal Department of the Ministry of Defence of the Republic of Lithuania (2000 – 2003) were drafting legal statutes and acting as a designated representative of the Ministry
before national courts of all jurisdictions. These functions often involved dealing with different human rights issues such as freedom of expression, privacy and property rights.
As a Senior Advisor of the Legal Department of the Office of the Seimas of the Republic of Lithuania (2003-2007), I:
As a judge of the Supreme Court of Lithuania (since 2013), I adjudicate cases (mainly civil and commercial but also on occasion criminal), many of which involve complex human rights issues. The European Convention on Human Rights and the judgments of the European Court of Human Rights are increasingly referred to in the judgments of the Supreme Court of Lithuania as a source of law. For example, to date I`ve been involved in rendering more than 100 judgements involving direct references to the case law of the European Court of Human Rights.
As a member of the International Hague Network of Judges (since 2015) I act as a channel of communication and liaison with judges in other Contracting States to ensure the effective operation of the Convention on the Civil Aspects of International Child Abduction and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.
As a Member of the Board (since 2015), Vice-President (2018-2021) and President (since 2021) of the Association of Judges of the Republic of Lithuania, I have been involved in a number of activities both at national and international level designed to protect judicial independence and the rule of law.
During my career at Mykolas Romeris University (2004 to date), I have been involved in various research activities, resulting in 22 publications in Lithuania and abroad. Most of these publications concentrate on human rights issues with a particular focus on children’s rights and family rights. My research is relatively well-known and widely cited as evidenced for example by 202 citations on www.scholar.google.com.
I was also involved as a legal expert / country rapporteur for Lithuania in a number of international projects funded by the European Commission, e.g. Study on the evaluation of the impact of the EU instruments affecting children’s rights with a view to assessing the level of protection and promotion of children’s rights in the EU (2010-2011); Study on harmful traditional practices in the European Union (2009-2010); Study of adoption procedures within the European Union, the practical difficulties encountered therein by European citizens within the framework of the European civil justice workspace and the possibilities of resolving these problems and protecting children’s rights (2008-2009).
I presented the results of my research on various topics of human rights, children rights and constitutional law at a number of national and international conferences, e.g.:
During my career at Mykolas Romeris University (since 2004), I`ve taught and supervised a good number of students in the fields of civil law, family law, children`s rights and related fields. I`ve also been a member of the defence committee in the doctoral defences of 11 PhD students.
In addition to this I have taught over 50 courses for judges and other legal professionals (advocates, notaries, judicial officers, public servants) at both national and international levels. Since 2006 I have been a lecturer of the Lithuanian Judicial Training Centre, since 2015 – lecturer of the Academy of European Law (ERA), since 2019 – certified trainer of the Council of Europe Human Rights Education for Legal Professionals (HELP) programme, since 2023 – expert of the European Commission's Technical Assistance and Information Exchange (TAIEX) programme. The subjects I teach vary from pure human rights to children’s rights and the European Union law, e.g.:
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I am the (co)author of 22 publications (for a comprehensive list see http://sagatys.home.mruni.eu/?page_id=31). The list of 10 most important publications is as follows:
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I fulfil the requirement of passive knowledge of French (TCF score: 444/699). If I am elected a judge on the Court, I nevertheless intend to take French language classes to increase my proficiency.
Married, two children.
I do confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: ŽIOBIENĖ Edita
Sex: female
Date and place of birth: 5 July 1973 in Alytus, Lithuania
Nationality: Lithuanian
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Responsibilities relevant to judicial activities included: investigation of complaints, ex officio investigations.
Other responsibilities: monitoring of situation of children’s rights, advising and providing opinion on legislative amendments, promoting and protecting of children’s rights, organizing and participating in numerous meetings with judges, prosecutors, representatives of law enforcement for training of the new tendencies in the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union, organizing awareness raising campaigns and conferences, participation in numerous projects with others European ombudsperson’s institutions for sharing experience.
Responsibilities relevant to judicial activities included: investigation of complaints, ex officio investigations.
Responsibilities relevant to judicial activities included: investigation of complaints, ex officio investigations.
Other responsibilities: monitoring, promotion and protection of equal opportunities and equal treatment, advising and providing opinion on legislative amendments, training of the new tendencies in the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union.
Responsibilities: public education in the field of human rights, constant meetings/ trainings for different professional groups, including judges and prosecutors in the Training Centre of Judges, participation in international conferences, participation in monitoring of the institutional system of the protection of human rights in Lithuania.
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Participation in numerous Juries of the Doctoral Thesis in the field of human rights as an Opponent and a Member in Mykolas Romeris University and Vilnius University.
Participation in the capacities as an Expert in the TAIEX workshops for the application and enforcement of EU legislation as well as facilitating the sharing of EU best practices in the field of children rights: as an expert advised on the methodologies that are most compatible to the Commissionership for Child and Youth Out-of-Home Complaints in Israel. The specific aims were to strengthen the newly established institution and its competences in receiving, investigating, and reporting on the complaints of all children and youth, sharing of the best practices. (2018).
Participation as an Expert in the project on good governance and human rights in Indonesia and Mongolia, that was carried out in the framework of the European Commission's Asia-Link programme and was implemented together with the Faculty of Law, Economics and Governance of the University of Utrecht (the Netherlands), the Queens University Belfast (UK), the National University of Mongolia and the University of Indonesia. Assisting preparation of LLM programme on human rights for the National University of Mongolia and the University of Indonesia, carrying out training programmes in Indonesia to educate public officials in human rights and good governance matters, conducting training courses held for civil servants (2007-2010).
Participation in the International Visitor Leadership Programme: the U.S. Legal System. The programme was organised by the Department of State and National Program Agency (2008).
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Yes, I hereby confirm.