Election of judges to the European Court of Human Rights
List and curricula vitae of candidates submitted by the Government of Monaco
Communication
| Doc. 16118
| 20 February 2025
- Author(s):
- Secretary General of the Parliamentary Assembly
1 List
and curricula vitae of candidates submitted by the Government of
MonacoNote
Letter from Ms Isabelle Berro-Amadeï,
Government Counsellor, Minister for External Relations and Cooperation,
to Ms Despina Chatzivassiliou, Secretary General of the Parliamentary
Assembly of the Council of Europe, dated 21 January 2025.
[…] Dear Secretary General,
In a note, dated 1 February 2025, you kindly drew my attention
to the expiry of the term of office of the judge elected to the
European Court of Human Rights in respect of Monaco.
In reply, I have the honour to inform you that the authorities
of Monaco have submitted a list of three candidates to the Advisory
Panel of Experts on candidates for election as judge to the European
Court of Human Rights […].
I therefore have the honour to submit the following list of
candidates:
- Mr Sébastien BIANCHERI;
- Ms Peggy DUCOULOMBIER;
- Mr Yves STRICKLER.
You will find attached the curricula vitae of the three candidates,
as well as a description of the national procedure followed for
the establishment of the said list.
[…]
2 Information
on the national selection procedure for candidates for the post
of judge at the European Court of Human Rights in respect of Monaco
On 16 September 2024, Ms Stéphanie MOUROU-VIKSTRÖM's 9-year
(non-renewable) term of office as a national judge to the European
Court of Human Rights expired.
The procedure for selecting a national judge provided that
the Government was to submit a list of three candidates (names and
curricula vitae) in accordance with the criteria set out in the
guidelines on the selection of candidates for the post of judge
at the Court, to the Consultative Panel of Experts on Candidates
for the Election of Judges to the European Court of Human Rights
by the end of December 2024 at the latest, in view of an election
by the Parliamentary Assembly of the Council of Europe.
The purpose of this note is to describe the national procedure
for selecting candidates for the post of judge to the Court in respect
of Monaco.
It should be noted that in drawing up the selection procedure,
the authorities of Monaco have taken into account the guidelines
adopted by the Committee of Ministers.
A new public call for applications was published in the Journal
de Monaco on 8 November 2024, in the daily newspaper Monaco Matin
on 14 and 21 November 2024 and on the Government of Monaco’s linkedin
page.
As with the previous procedure, a national candidate selection
body was set up to advise the government on the applications. This
committee was set up by administrative decision.
2.1 Composition
of the National Selection Committee
The authorities of Monaco showed their willingness to take
into account the guidelines adopted by the Committee of Ministers
by emphasising, when appointing members, that the composition of
this body is ‘an essential consideration’ in the procedure, ‘its
members should collectively have sufficient technical knowledge and
command respect and confidence’ (Committee of Ministers' guideline
No. 1 on the procedure for drawing up the recommended list of candidates).
The National Selection Committee, which was forwarded to the
government and which was responsible for issuing an opinion on the
applications, was composed as follows:
- the President of the High Council of Judges and Prosecutors;
- the President of the Supreme Court
- the First President of the Court of Revision;
- a representative appointed by the Minister of State, in
this case the Director of Legal Affairs;
- the Government Counsellor-Minister for External Relations
and Cooperation.
2.2 Public
call for applications
A new public call for applications, [...], was published in
the Journal de Monaco (Official Journal) on 8 November 2024, with
a deadline of 5 December 2024 for receipt of applications by the
Minister of State.
2.3 Reception
of applications
Five applications were received by the Minister of State before
the expiry of the deadline, of which receipt was officially acknowledged.
These applications were forwarded to the Chairman of the National
Selection Committee for consideration by the committee. Official
acknowledgement of receipt was sent to candidates by letter from
the Minister of State.
2.4 Examination
by the National Selection Committee
In a confidential letter dated 17 December 2024 addressed
to the Minister of State, the Chairman of the committee informed
the Minister of State that the committee had met at the Palais de
Justice on 13 December 2024 from 11 a.m., under his chairmanship,
in his capacity as Chairman of the High Council of Judges and Prosecutors.
In addition to its Chairman, Mr Samuel VUELTA SIMON, the committee
was composed of:
- Ms Isabelle
BERRO-AMADEÏ, Government Counsellor-Minister for External Relations
and Cooperation;
- Mr Stéphane BRACONNIER, President of the Supreme Court;
- Ms Cécile CHATEL-PETIT, First President of the Court of
Revision;
- Mr Arnaud HAMON, Director of Legal Affairs.
The members of the committee were assisted by Ms Magali GINEPRO,
General Secretary of the Judicial Services Department and Secretary
of the High Council of Judges and Prosecutors, who provided secretarial services.
The Chairman indicated that the members had received correspondence
dated 21 September 2023 specifying the committee’s mission, i.e.
to check that the applicants fulfilled the conditions laid down
by the European Convention on Human Rights and the various bodies
of the Council of Europe, as set out in the national public call
for applications.
The committee noted that the applicants' files were sent to
the Minister of State within the deadline set in the call for applications.
A written convocation was sent by the Chairman of the committee
to the five candidates, both by letter and by e-mail, as a matter
of urgency, on 10 December 2024.
They were successively and individually interviewed, either
in person or by videoconference, on Friday 13 December 2024, for
an interview of identical length (30 minutes each) with the members
of the committee.
The five candidates are:
- Ms Aline
BROUSSE, born on 29 January 1972 in Monaco, of Monegasque nationality;
- Mr Sébastien BIANCHERI, born on 5 June 1980 in Monaco,
of Monegasque nationality;
- Mr Giuseppe MUSCHIETTI, born on 13 January 1964 in Lugano
(Switzerland), of Swiss nationality;
- Ms Peggy DUCOULOMBIER, born on 11 December 1978 in Valenciennes
(France), of French nationality;
- Professor Yves STRICKLER, born on 31 July 1965 in Strasbourg,
of French nationality.
During the respective interviews, each of the applicants described
his or her background, motivations and particular skills that would
enable them to perform the duties of national judge at the Court.
In its opinion, the committee detailed the motivations and
skills of each candidate and stated that, in general, the candidates’
answers to the members’ specific questions highlighted their perfect
knowledge of the European institution, the applicable texts and
case law.
On the basis of the files submitted and the interviews, it
concluded that three of the five applications received for the post
of judge in respect of Monaco at the European Court of Human Rights
met the criteria laid down both by the European Convention on Human
Rights (articles 21 to 23) and by the relevant texts of the Parliamentary
Assembly of the Council of Europe.
They also meet the conditions of age, good character, independence
and impartiality.
The applicants have made a written commitment to take up permanent
residence in Strasbourg if elected; they will thus have the availability
that the position of national judge at the Court requires.
Lastly, the committee wishes to point out that, in view of
the knowledge that its members have of the candidates, it confirms
that the references, qualities and details given on the curricula vitae correspond to objective
realities.
2.5 Drawing
up the list of candidates
On receipt of the committee’s opinion, the Minister of State
communicates, in the light of this particularly reasoned opinion,
the following list of three names, presented in alphabetical order,
comprising two men and one woman:
- Mr Sébastien
BIANCHERI;
- Ms Peggy DUCOULOMBIER;
- Mr Yves STRICKLER.
The authorities of Monaco would like to emphasise that, despite
a small population of Monegasque nationals and the need to fill
positions of public responsibility in the country, they are presenting
serious candidates who meet the criteria.
Appendix 1 - Curriculum
vitae of Sébastien BIANCHERI
I. Personal details
Name, forename: BIANCHERI, Sébastien
Sex: male
Date and place of birth: 5 June 1980 in Monaco
Nationality: Monegasque
II. Education and
academic and other qualifications
- 2001: Diplôme d'Etudes
Universitaires Générales (DEUG) (university diploma taken after
two years of study) in Law, University of Nice Sophia-Antipolis
(with distinction)
- 2002: Degree (Licence) in Law, University of Nice Sophia-Antipolis
(mention bien (merit)). Certificate of International Law (grade:
B), summer programme, Hofstra University (New York)
- 2003: Master’s Degree in Private Law, University of Nice
Sophia-Antipolis (merit, first in his year)
- 2004: Advanced Postgraduate Diploma (DEA) in private law
and criminal sciences, University of Nice Sophia-Antipolis (merit).
Member of the Private Law Research Centre (CERDP) at the University
of Nice Sophia-Antipolis
- 2004-2005: Legal trainee at the French legal service training
college (ENM), Bordeaux Secondment to the Avignon Tribunal de Grande
instance. Awarded a foreign legal trainee diploma (with distinction)
III. Relevant professional
activities
a. Description of
judicial activities
- 2006: Substitute judge
at the Monaco Court of First Instance: Associate judge for the civil
and criminal benches, all types of case, judge in charge of labour
disputes over accidents at work.
- 2007: Substitute prosecutor serving as a deputy to the
Principal State Prosecutor of Monaco: Prosecution at criminal and
youth court hearings, management of investigations in real time,
settlement of judicial investigations, processing of extradition
cases.
- 2008-2011: Judge at the Monaco Court of First Instance:
General civil proceedings, conciliating family affairs judge, enforcement
of sentences, juvenile delinquency criminal and trial benches. Alternating presidency
of the trial office of the Labour Court, labour disputes.
- 2012-2018: Chief judge at the Monaco Court of First Instance:
General administrative (state liability), civil and criminal proceedings.
Urgent applications judge at the Labour Court. Exclusive presidency
of the commercial bench, presiding judge in flagrante delicto hearings.
Judge in charge of the execution of international requests for judicial
assistance in civil cases. Responsibility for urgent applications
cases through delegation by the President. Presiding judge in civil
advisory division hearings (protection of adults, guardianship disputes).
- 2018-March 2021: Vice-President of the Monaco Court of
First Instance: Regular presiding judge in hearings on civil cases
and urgent applications, administrative proceedings, occasionally
presided over criminal and flagrante delicto hearings, exclusive
presidency of the commercial bench. Cases delegated by the President
of the Court, participation in Criminal Court proceedings. Disputes
relating to care without consent and compulsory hospitalisation
(2018-2021).
- Since March 2021: Judge at
the Monaco Court of Appeal: all civil, criminal, administrative,
labour and commercial appeal proceedings, investigation division,
extradition cases (Convention ETS No. 24 of 13 December 1957 and
consideration of the reports of the Committee for the Prevention
of Torture), Criminal Court.
b. Description of
non-judicial legal activities
- Since
September 2012: Secretary of the Council of State of the Principality
of Monaco (post which is required by law to be occupied
by a member of the judiciary): preparation of minutes of meetings
and of the opinions of this constitutional advisory body; drafting
of activity reports; questions relating to freedom of association,
work on the 4th GRECO evaluation round concerning Monaco; opinions
on freezing of criminal assets (UN resolutions), personal data protection
and conformity with Council of Europe Convention 108+ and a Code
of Private International Law
- Since 2021: Chair of the Disciplinary
Division of the Monégasque Anti-Doping Committee: in
his capacity as appeal court judge: application of the provisions
of the World Anti-Doping Code and the rules of WADA; monitors developments
in the case law of the European Court of Human Rights on sport, particularly
on the public nature of hearings and the statutes of the Court of
Arbitration for Sport.
- Since 2021: Member of the
campaign auditing committee: in his capacity as appeal
court judge: auditing of election campaign funding and the accounts
of candidate lists, in accordance with the recommendations of GRECO
(3rd evaluation round, 2017); Rapporteur on list audits for the
2023 municipal elections.
- 2012-2015: Member of the Drafting Committee of the law
review, the Revue de Droit Monégasque.
- 2010-2014: Full member of the Monégasque judicial service
commission, the Haut Conseil de la Magistrature: Justice Council
in Monaco set up in 2009: opinions on career development and responsibility
for ethical and disciplinary matters; Rapporteur in 2011 on the
project to draw up a set of rules on in-service judicial training;
participation in the organisation of an exchange with the Italian judicial
service commission and a conference hosted by the Vice-Chair of
the Italian commission on 6 June 2011 on the role of elected judges
and prosecutors on Justice Councils
c. Description of
non-legal professional activities
Not applicable
IV. Activities and
experience in the field of human rights
- Since
2022: Member of the list of ad hoc judges at the European Court
of Human Rights in respect of the Principality of Monaco.
- Since 2015: Member of the
European Commission for the Efficiency of Justice (CEPEJ) of the Council
of Europe: activities and votes on the preparation of
CEPEJ guidelines and tools (relating in particular to judicial time
management, gender equality in recruitment, the promotion of judges
and the European Ethical Charter on the use of artificial intelligence
(AI) in judicial systems); national correspondent in charge of co-ordinating,
managing and drawing up replies to the biennial questionnaire for
the CEPEJ report assessing the quality and efficiency of judicial
systems; member of the network of pilot courts; point of contact
for working groups (in particular the SATURN group on case-weighting
in judicial systems); member of the judging panel for the Junior
Crystal Scales of Justice (June 2020) on behalf of CEPEJ.
- June, July, September 2022: Three-month study visit to
the European Court of Human Rights: secondment to the French unit
of the Registry, active participation in the unit’s daily work:
processing of applications and drafting of many single judge notes
in co-operation with the non-judicial rapporteur; preparation of
draft communications and research documents and drafting in connection
with Chamber decisions; prior preparation of documents and attendance
at a section meeting for Chamber decisions (French, Ukrainian and
Latvian cases); preparation and attendance with the senior French
legal expert at a Grand Chamber hearing (Sanchez v. France); interim
measures (Rule 39 of the Rules of Court); attendance at a “country
meeting”: organisation and planning of the processing of a French
case in Court section V; preparation and running of two training
sessions in Monegasque law for members of the unit.
Examples of proceedings related to human rights, the Council
of Europe and international law at the Court of First Instance and
the Court of Appeal:
a Criminal
judgments and decisions: many cases in which Articles 5 and 6 of
the ECHR were applied: presence of a lawyer during police custody,
right to remain silent, issues of access to the case file, being brought
before a judge within the meaning of Article 5, frequent application
of other Council of Europe conventions (including ETS No. 141 on
the confiscation of proceeds of crime of 8 November 1990)
b Nullity cases during judicial investigations
c 2018: Chair of the Board of Appeals on decisions of the
remand prison disciplinary board and questions relating to detention
conditions in the context of the enforcement of sentences
d 2008-2021: Liberties and detention judge: supervision
of custody extensions and oversight of administrative interception
of electronic mail to preserve national security
e Civil and labour law proceedings: many judgments and decisions
on questions of discrimination in companies and in public service,
right to private and family life, right to freedom of the press
and of expression, gender transition issues. Decisions on family
affairs in the context of international abductions of minor children.
Decisions on applications to enforce foreign judgments and on the application
of foreign laws in private international law
- 2023: Hearing by a delegation
from GRETA, 3rd evaluation round, “Access to justice and effective remedies
for victims of human trafficking”.
- 2022: Mission to assess the needs of the OSCE Office for
Democratic Institutions and Human Rights (ODIHR): presentation of
the Court of Appeal’s role in electoral disputes.
- 2018: Working visit to Monaco by the European Union’s
Counter-Terrorism Coordinator: as Vice-President of the Court of
First Instance, presentation of the court’s powers and the balance
between anti-terrorism measures and respect for fundamental rights.
- 2015: Hearing in his capacity as urgent applications judge
of the Labour Court by an ECRI delegation: the tools available to
courts to combat discrimination.
- 2014: Participation in the Council of Europe symposium
on legislation on and use of electronic bracelets in member states.
V. Public activities
Not applicable
VI. Other activities
Field, duration and functions
- Since 2007: Member of examining
boards and teacher on training courses for the judicial professions
in Monaco:
a Since
2009: Regular contributor to the initial training of trainee lawyers (teaching
in particular about the proportionality review mechanism)
b Since 2020: Contributor to
the preparation of examinations for lawyers (Monégasque Training Institute
for the Legal Professions)
c 2007 and 2008: Member of the jury for the recruitment
competition for police inspectors and senior and other officers
in the police department
- Since
2016: Higher education teaching activities in France:
a Since
2018: Annual contribution to the Private Law Master’s II course
in criminal sciences at the University of Nice Sophia-Antipolis.
Themes: Compatibility of Monégasque law on collective procedures
with the ECHR; implementation of the principle of subsidiarity under
the ECHR: means of application by Monégasque courts.
b 2023: Contribution to the Law degree course (licence)
at the University of Nice Sophia-Antipolis (Professor Marina Teller).
Theme: the CEPEJ Ethical Charter on the use of artificial intelligence in
judicial systems: full jurisdiction within the meaning of Article
6 of the ECHR in the light of the use of algorithms.
c Law degree course at the University of Nice Sophia-Antipolis:
(Professor Marina Teller): introduction to Monegasque law.
- Since
2009: In-service training:
a In-service training provided
by the French legal service training college (ENM).
VII. Publications
and other works
(related to human rights and fundamental rights):
- 2004: Drafting of research papers
during his DEA and work at the CERDP at the University of Nice Sophia-Antipolis
including: urgent applications and freedom of expression and the
concept of private life as interpreted by the Strasbourg Court.
- 2009: Speech at the opening of the judicial year, 1 October
2009, “L'humanisme juridique dans les statuts criminels du Prince
Louis Ier” in Journal de Monaco (Official gazette of the Principality), 30 October
2009.
- 2022: Research workshop on “Cross-border persons” (“la
personne transfrontalière”) of 29 November 2022 (under the direction
of Professor Nathalie Rubio, International and Community Research
and Study Centre (CERIC), University of Aix-en-Provence): contribution
on the theme “The H.F. France v. France judgment [GC] 2022, the
interpretation of the concept of borders in the case law of the
European Court of Human Rights”.
- 2023: Study: “La protection des lanceurs d'alertes, à
propos de l'arrêt Halet c. Luxembourg GC 2023”, Revue Procédures
Lexis Nexis 2023 No. 7.
- 2023: Speech at the annual opening of courts and tribunals,
1 October 2023, “La Cour européenne des droits de l'homme à l'ère
de la maturité de la protection des droits” in Journal de Monaco
(Official gazette of the Principality) (not yet published).
- 2024: Article on “Binationalité et identité au sens de
l’article 8 de la CEDH: quelle approche pour le juge monégasque?”
in Mélanges en mémoire du professeur Jean-François RENUCCI, Dalloz,
2024.
VIII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
Very good
|
Good
|
Fair
|
Very good
|
Good
|
fair
|
Very good
|
Good
|
fair
|
|
a. First
language:
|
|
|
|
|
|
|
|
|
|
|
French
|
X
|
|
|
X
|
|
|
X
|
|
|
|
b. Official
languages:
|
|
|
|
|
|
|
|
|
|
|
English
|
X
(C2)
|
|
|
X
(C2)
|
|
|
X (C1/C2)
|
|
|
|
c. Other
languages:
|
|
|
|
|
|
|
|
|
|
|
Italian
|
X
|
|
|
X
|
|
|
X
|
|
|
- French: mother tongue,
official language of Monaco.
- English: TOEIC, dating from 2 December 2022: 950/990.
- Italian: regular practice, bilingual (Italian family on
mother’s side).
IX. 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
I confirm that I will do so if necessary.
X. Other relevant
information
Not applicable
XI. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court
I confirm that I will do so.
Appendix 2 - Curriculum
vitae of Peggy DUCOULOMBIER
I. Personal details
Name, forename: DUCOULOMBIER, Peggy
Sex: female
Date and place of birth: 11 December 1978 in Valenciennes,
France
Nationality: French
II. Education and
academic and other qualifications
- 2012: Agrégation examination in public
law
- 2009: Maître de conférences [associate
professor] qualification
- 2008: Doctorate in public law, Les
conflits de droits fondamentaux devant la Cour européenne des droits de
l’homme – University of Strasbourg III. Doctoral thesis
awarded the René Cassin prize
- 2002: D.E.A. [postgraduate diploma] in human rights protection
in Europe – University of Strasbourg III
- 2001: Postgraduate degree in private law – University
of Lille II
- 2000: Postgraduate degree in public law – University of
Lille II
- 1999: Bachelor’s degree in law – University of Valenciennes
- 1998: D.E.U.G. diploma in law – University of Valenciennes
III. Relevant professional
activities
a. Description of
judicial activities
Not applicable
b. Description of
non-judicial legal activities
- Since
2014: Professeur agrégé in public law – University of Strasbourg,
France
- 2012-2014: Professeur agrégé in public law – University
of Perpignan – Via Domitia,
France
- 2011-2012: Maître de conférences – University of Strasbourg,
France
- 2009-2011: Lecturer – University of Aberdeen, United Kingdom
- 2008: Lecturer – Keele University, United Kingdom
c. Description of
non-legal professional activities
Carried out within the Faculty of Law, these duties involve
administrative and management responsibilities.
- Since
2023: Creator and Director of the double degree Master’s programme
run by the universities of Strasbourg and Zurich: International
and Comparative Law (Zurich) and Human Rights Law in a Changing
World (Strasbourg)
- Since 2023: Creator and Director
of the Master’s course in Human Rights Law in a Changing World –
Faculty of Law, University of Strasbourg
- Since 2021: Director of the
Master’s programme in civil liberties law and the Master’s course
in European Human Rights Law – Faculty of Law, University of Strasbourg
- Since 2021: Director and lecturer
for the university degree programme on the Rule of Law in Europe,
which is delivered off-site at the University of Sofia, Bulgaria
- Since 2017: Vice Dean in charge
of International Relations – Faculty of Law, University of Strasbourg
- 2016-2017: Vice Dean in charge of Master’s courses in
Law – Faculty of Law, University of Strasbourg
IV. Activities and
experience in the field of human rights
Since gaining my DEA, I have specialised in European human
rights law, mainly while studying for my doctorate. The various
positions I have held have given me an opportunity to pursue this
interest in the law of the European Convention on Human Rights and
international human rights law. I have also developed a knowledge
of British constitutional law through my work in the UK. My lecturing
activities, in French and English, are now focused on European and
international human rights law at Master’s level. My expertise in these
different areas has led me to take part in numerous conferences,
research activities and visiting lecturer assignments, in France
and abroad, and to sit on various editorial and scientific committees
for legal journals concerned with fundamental rights, in particular
the Revue trimestrielle des droits de l'Homme. I have also directed
and continue to direct theses on human rights protection, in French
and English, and am regularly invited to sit on thesis defence committees.
I run a Master’s programme in civil liberties law, and two
courses within this programme: “European Human Rights Law” and an
English-language course entitled “Human Rights Law in a Changing
World” which I created in 2023. The aim of these Master’s courses
is to train French, European and international students in European and
international human rights law, with a focus on the law of the European
Convention on Human Rights in the case of the former and a more
cross-disciplinary approach, including other international human
rights systems, for the latter.
In my role as deputy director of the Carré de Malberg Research
Institute, responsible for the General Theory of the State, the
Constitution, Freedoms and Human Rights, I also oversee the research
team, which includes organising international conferences and seminars
on European protection of rights and freedoms.
V. Public activities
a. Public office
- Since
2014: Professeur agrégé des
Universités, University of Strasbourg: promoted to the
rank of “exceptional class” in 2024 by the National Council of Universities
- 2012-2014: Professeur agrégé des Universités, University
of Perpignan-Via Domitia
- 2011-2012: Maître de conférences, University of Strasbourg
b. Elected posts
Not applicable
c. Posts held in a
political party or movement
Member of MODEM in 2007.
VI. Other activities
- Since
2023: Member of the board of administration of the Société de Législation
comparée
- Since 2017: Member of the
Faculty Council
- 2017-2021: Member of the Research Commission and the Commission
on the Reconstruction of Career Paths – University of Strasbourg
- 2015-2019: Alternate member of the Public Law Section
of the National Council of Universities
VII. Publications
and other works
Only the most important publications
in peer-reviewed journals are listed here.
Works (author): 1; Co-ordination of works: 2; Articles in
works: 34; Articles in peer-reviewed journals: 24; 50 contributions
to national and international symposia, most of which led to publications.
Les conflits de droits fondamentaux devant la Cour européenne
des droits de l’Homme, Bruxelles, Bruylant, 2011.
- “The protection of sexual minorities
in European Law”, in Protecting Vulnerable
groups, The European Human Rights Framework, F. Ippolito,
S. Iglesias Sanchez (éd.), Oxford, Portland, Hart Publishing, 2014,
p. 201-223.
- “Tenue correcte exigée: Observations sous l’arrêt CEDH,
gr. ch., 1er juillet 2014, S.A.S. c/ France”, Revue trimestrielle de droit européen,
2015, p. 95-116.
- “The dialogue between the European Court of Human Rights
and domestic authorities: between respect for subsidiarity and deference”,
in Judicial Power in a Globalized World – Liber Amicorum Vincent De Gaetano,
P. Pinto de Albuquerque, K. Wojtyczek (éd.), Springer, 2019 p. 131-142.
- “Coup d’arrêt à l’extension de la juridiction extraterritoriale
des Etats parties à la Convention européenne des droits de l’Homme
(obs. sous Cour eur. dr. h., Gde Ch., décision, M. N. et autres
c. Belgique, 5 mai 2020)”, R. T. D. H. 2021/125,
p. 77-96.
- “Autant en emporte le vent? Retour sur l’interprétation
globalisante de la Convention européenne des droits de l’Homme”,
in Défendre les libertés publiques,Mélanges en l’honneur de Patrick Wachsmann, Paris,
Dalloz, 2021, p. 189-202.
- “La Cour européenne des droits de l’Homme et la critique
de l’individualisme: de la pertinence d’un rééquilibrage entre droits
individuels et intérêts collectifs”, in Les
soixante-dix ans de l’adoption de la Convention européenne des droits
de l’Homme, enjeux et perspectives, L. Milano, K. Gabarczyk
(dir.), Paris, Pedone, 2021, p. 129-141.
- “Satakunnan Markkinapörssi
Oy and Satamedia Oy v. Finland and the notion of responsible
journalism”, in The rule of Law in Europe:
Recent Challenges and Judicial Responses, M. Elósegui,
A. Miron and I. Motoc (éds), Springer International Publishing,
2021, p. 229-248.
- “Enough is Enough! A brief comment on ECtHR’s case Burmych
and others v. Ukraine, 12 october 2017”, in L’exécution des arrêts
et décisions de la Cour européenne des droits de l’Homme, Pratiques et
perspectives après la fin du processus d’Interlaken, Ch. Giannopoulos
(dir.), Paris, Pedone, 2022, p. 73-83.
- “Prendre l’égalité au sérieux. Pour une interprétation
morale assumée de la Convention européenne des droits de l’homme
en matière d’égalité (obs. sous Cour eur. dr. h., Gde Ch., arrêt Fedotova e.a. c. Russie, 17 janvier
2023)”, RTDH, Janvier 2024/137,
p. 215-230.
VIII. Languages
|
Language
|
French
|
English
|
Japanese
|
|
Reading
|
C2
|
C2
|
B1
|
|
Writing
|
C2
|
C1
|
A2
|
|
Listening
|
C2
|
C1
|
B1
|
|
Speaking
|
C2
|
C1
|
A2
|
|
How
acquired?
|
Mother tongue
|
I learned English while studying.
My
knowledge improved during the 3 years that I worked as a lecturer
in the UK and on returning to France, through lecturing and undertaking
research in English.
|
Individual classes
JLPT
4 obtained in 2024
|
IX. 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
Yes, I confirm.
X. Other relevant
information
Not applicable
XI. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court
Yes, I confirm.
Appendix 3 - Curriculum
vitae of Yves STRICKLER
I. Personal details
Name, forename: STRICKLER, Yves Christian
Sex: male
Date and place of birth: 31 July 1965 in Strasbourg, France
Nationality: French
II. Education and
academic and other qualifications
Higher education: Robert Schuman University – Strasbourg:
- 16 October 1993: Accreditation
to supervise research; Doctorate in Law, under the direction of
the Honorary Dean, Georges Wiederkehr. Subject: “Le juge des référés,
juge du provisoire” (“Urgent applications judges, judges of the
provisional”). High distinction (mention
très honorable) with a special commendation from the
examining board; thesis award from the Association for the Development
of Relations between the Economy and Research at the Universities
of Strasbourg and Haute Alsace (ADRERUS); thesis award from the
National Association of Doctors of Law (ANDD); thesis award from the
Strasbourg University Faculty of Law, Political Sciences and Management,
prize-winner of the Strasbourg University Faculty of Law, Political
Sciences and Management; Gaussail Prize from the Toulouse science
and literature academy, the Académie
des Sciences, Inscriptions et Belles Lettres; thesis
submitted for a grant from the Ministry of Higher Education and
Research.
- February 1989: Advanced Postgraduate Diploma (DEA) in
Private Law (pass (mention assez-bien)), diploma
awarded during the candidate’s national service year (53rd Infantry
Regiment, Mutzig, Alsace).
- June 1987: Master’s degree in Private Law (Pass)
- June 1986: Degree (Licence)
in Law (Merit)
- June 1985: DEUG (university diploma taken after two years
of study), specialising in law (Merit)
Secondary education: Fustel de Coulanges state upper secondary
school, Strasbourg:
- 1980-1983:
Baccalaureate specialising in literature and music (A-6 bis) (Pass).
III. Relevant professional
activities
a. Description of
judicial activities
No judicial activity within the strict meaning of the word,
but:
- since
17 January 2020: has served as ad hoc judge to the European Court
of Human Rights in respect of the Principality of Monaco;
- completed work placements in courts following his studies
and before registering for his doctorate.
b. Description of
non-judicial legal activities
Academic functions:
- Professor
(special class grade 2 (classe exceptionnelle
2) since 2017, when promoted by the National Universities
Board (CNU); promoted to special class grade 1 by the CNU in 2012;
promoted to first class (première classe)
by the University of Strasbourg in 2004):
-
a Professor at the Côte
d’Azur University, Nice Faculty of Law and Political Science (since
2010). Subjects taught during this period (courses taught in 2024/2025
are underlined): “Methodology of competitions” and “Contract law”
(Institute of Judicial Studies, preparation for competitions for admission
to the judiciary); “Civil law of property” (Year 1 and Master’s
1 - Administration and liquidation of Companies in Difficulty),
“Civil and business procedure” (Master’s 1 - Business Law); “Civil
procedure” (Master’s 1 - Administration and liquidation of Companies
in Difficulty; Master’s 2 - Fundamental private law); “Law of obligations
(contracts and civil liability)” (Master’s 2 - Fundamental criminal
law); “Introduction to ethics”, Master’s 1, DS4H graduate school; Doctorate
Schools); “Introduction to ethics”, Master’s 2 Corporate tax law
and proceedings and University Diploma (DU) Asset management of
protected persons; “Introduction to Monegasque Law”, “Expedited
civil and criminal proceedings” and “Research methodology” (Master’s
2 Fundamental private law and Master’s 2 Fundamental criminal law
- joint courses); “Property disputes” (Master’s 2 Case management);
“Liability in tort” (Master’s 2 Liability Law); “Alternative dispute
resolution methods” (“DU Mediation”). Teaching at the University
of Strasbourg over the same period: at the Faculty of Law: courses
in “Ordinary private law” and “Emergency procedures” (Master’s 2,
Justice trials and procedures); “Civil liability law” (Master’s
2, Fundamental Private Law, 2010-2018); at the Centre for International
Intellectual Property Studies (CEIPI): courses in “Civil procedure”,
“Property law” and “Execution procedures” (Master’s Law, Economics,
Management, majoring in Intellectual Property Law).
b University of Strasbourg (1998 to 2010): 1st year: “Property
law”; 2nd year: “Liability law”; 3rd year: “Ordinary private law”
DEA in private law, “Research methodology” and “Liability law”; DEA
in public law; seminars on “Comparative procedures”; Institute of
Judicial Studies: “Preparation for competitions”.
c University of Nancy (1995 to 1998): 2nd year: “General
criminal law”; “Criminal procedure”; 3rd year: “Ordinary private
law”; DEA in private law, “Research methodology” and “Liability
law”; DEA in criminal sciences, seminars on “Criminal procedure”;
DESS in legal proceedings: seminars on “Rapid procedures”; Institute
of Judicial Studies: “Preparation for competitions”.
- Senior lecturer:
-
a University of Toulouse-Capitole
(1994-1995): 2nd year of “capacity in law” catch-up course (capacité
en droit), “Civil procedure and execution procedures”; 1st year:
“Introduction to law studies”, 2nd year: tutorials in civil law
(Common company contracts); 3rd year: tutorials in labour law; Institute
of Judicial Studies, seminars to prepare for the competition for
admission to the legal service training college (ENM).
- Research grantee – Monitor, then temporary teaching and
research assistant:
-
a Robert Schuman University,
Strasbourg III (1989-1992; 1992-1994): tutorials in: “Civil family
law” (1st year); “Commercial law” (3rd year), and “Liability law”
(2nd year).
For collective responsibilities taken on during his university
teaching career: see c. below.
Member of the Judicial Service Commission of the Principality
of Monaco:
- Sovereign Order
No. 6.935 of 15 May 2018; renewal: Sovereign Order No. 9.217 of
25 April 2022. Activities at the Commission included recruitment
of French judges seconded to the Principality of Monaco and promotion
of Monégasque judges.
Legal drafting:
I would like to highlight four experiences in this area, which
differed in terms both of their method and of their results.
a Member of the Committee for the
Revision of the Codes of the Principality since 9 April 2018. Rapporteur for
the revision of the Code of Civil Procedure (April 2018 – June 2019:
report drafting, initial draft of the law and the explanatory memorandum).
Result: Law No. 1.511 of 2 December 2021 amending
the civil procedure.
b International expert for the Republic of Djibouti. Drafting,
with two lawyers from Djibouti, of two laws (Law No. 187/AN/I 7/7th
L. of 29 May 2017 on payment injunctions in civil and commercial
law and Law No. 182/AN/l 7/7th L. of 29 May 2017 amending Law No.
52/AN/94/3rd L. on the jurisdiction of the Civil and Commercial
Divisions of the Court of First Instance and the Appeal Court),
then a Civil Code (2 412 articles) and Code of Civil Procedure (including
provisions on the organisation of the courts, civil procedure and
execution procedures; 1 721 articles completed) from June 2016 to
April 2018. The legislation to implement the codes was adopted on
9 April 2018 by 90.48% of the votes cast and enacted by the President
of the Republic with the date of entry into force set for 12 April
2018. Since this date, the candidate has provided follow-up free
of charge on questions arising in connection with the interpretation
of the codes.
c Consultation by the French Directorate of Civil Affairs
and Seals on the transformation of urgent applications on procedural
matters into an accelerated procedure on the merits: Order No. 2019-738
of 17 July 2019 issued pursuant to Article
28 of Law No. 2019-222 of 23 March 2019 on the 2018-2022 programme
and judicial reform.
d Participation in a working group of the French Conseil
d’Etat on administrative class actions chaired by Mr Philippe Belaval,
member of the Conseil d’Etat and Head of the Administrative Courts
Inspectorate (2008-2009).
Scientific Director of the Monégasque Institute of Training
in the Judicial Professions:
- The
Institute was set up in 2021 in response to the findings of members
of examining boards for lawyers’ examinations and competitions for
admission to the judiciary. Sovereign Order No. 9.766 of 22 February 2023
extended the “initial training” programmes to include preparation
for other examinations and competitions giving access to the judicial
professions and set up the function of Scientific Director of the Institute.
- The Institute is now tasked with preparing candidates
for the competition for admission to the judiciary and for the examination
giving admission to the placement needed to begin practising as
a lawyer and for all other examinations and competitions giving
access to the judicial professions; providing training seminars
for judges, lawyers, defending lawyers and the other judicial professions;
holding events or colloquia on legal themes; and helping to disseminate
Monégasque law (the law review, the Revue
de droit monégasque, is being reactivated).
Examining and competition boards:
- Monaco: Member of the examining board for lawyers of the
Principality of Monaco (2018 to 2022);
- France: Vice-Chair and member of the examining board for
admission to the Lawyers’ College of South-East France (EDA SUD-EST)
(2013 to 2018); examiner for the entrance examination for the written papers
on Civil Liability Law (2010
to 2023) and for the same examination for Lawyers of Alsace (1999 to
2004: written papers on liability law and main oral examination on fundamental freedoms);
Chair of an examining board for the main
oral examination on protection
of fundamental rights and freedoms for the EDA SUD-EST
entrance examination (2010 to 2017); Examiner for the Police Commissioner’s competition,
written paper on criminal law and criminal
procedure (1995-2000); Member of the examining board
for the entrance examination for the Training Centre for the Profession
of Notary, written papers on summary
notes and civil law – Liabilities and property – and oral
examinations on civil law and general
knowledge and judicial institutions (1999 to 2007); Member
of the examining board for the entrance competition for admission
to the French legal service training college (2nd and 3rd competition),
written and oral papers on general knowledge (1998);
Marker for the competition for admission to the French national
public service college, the École Nationale
d'Administration (external competition), written paper
on civil law (2006 and 2007).
Legal consultant:
- This
is a secondary activity, which enables me every year, to look at
3 to 6 cases proposed by legal practitioners to maintain the essential
link between theory and practice.
- To avoid any risk of conflicts of interest owing to my
appointment in February 2023, as the scientific director of the
Monégasque Institute of Training in the Legal Professions, I took
the decision in agreement with the Director of Judicial Services,
to refrain from that point on from giving any legal advice requested
of me by a Monégasque lawyer concerning a case in the Principality.
Activities linked to the right to arbitration:
- From 2011 to 2021: establishment
in Nice of the “Far South” branch of the European Court of Arbitration. Presidency,
member of the Board of Directors and appointments committee and
management of the registry; improvements to arbitration regulations
and translation into English; preparation of model arbitration clauses.
- Outside the Far South Section, carrying out some arbitrations
(internal and international) as sole arbitrator and within an arbitration
tribunal.
c. Description of
non-legal professional activities
Ethics and academic integrity officer for Côte d'Azur University:
- 20 June 2019 to 1 September
2024: the tasks of the ethics and academic integrity officer include,
in particular, supervision of the implementation by the university
of a policy on all ethical issues (including academic integrity);
advising the president and the university authorities on all ethics-related
issues; giving opinions when ethical and/or deontological problems
arise (examples of themes in the university’s files which gave rise
to an opinion are academic freedom, freedom of expression and various interpersonal
conflicts); setting up mediation procedures or any other form of
appeasement for all conflict situations reported; collecting all
allegations of breaches and investigating cases from a disciplinary viewpoint
in particular and preparing the file where legal action is recommended
(including chairing administrative inquiry boards); helping to set
up training in ethics for all PhD students; and taking part in national
and international networks which support his role.
Chair of the Research Ethics Committee of the Côte d'Azur
University:
- 20 June 2019 to
1 September 2024: tasks of the Chair of this 21-member committee
include seeing to it that each month, it can assess research files
in all the university’s academic fields, appointing rapporteurs
and preparing reports himself, for presentation, discussion and
adoption at committee meetings. The Chair gears the rules on the
functions and the functioning of this committee to the university’s
needs and the ethical demands of research work.
Collective responsibilities at university:
- Member of a large number of
bodies, including the following: the Academic Board of Côte d'Azur University
(21 July 2015 – July 2019); Vice-Dean in charge of research at the
Nice Faculty of Law and Political Science (13 May 2014 – 14 May
2019); instigator then President of the Federative Research Institute
“Interactions” (1 January 2018 – 5 June 2020); member of the Management
Board of the Nice Faculty of Law and Political Science (18 April
2014 – 2020) then of the Steering Committee of the University Research
School “Lex & Society” (2020 to present); Director of the Master’s
2 in private law (until 2021), currently Director of the Master’s
2 in fundamental private law and, until 2022, Co-Director of the
Master’s 2 in criminal law and human rights; Director of the Research
and Study Centre in Procedural Law (1 January 2011 – 30 June 2016);
member of the board of the Doctoral School of Law, Economics, Politics
and Management (2010 – June 2016); and joint drafter of the internal
regulations.
- Previously, in Strasbourg: Vice-President in charge of
doctoral research and studies; member of the Steering Committee
and Select Bureau of the University of Strasbourg (preparing for
the merger of Strasbourg’s three universities: 2008-2009) and drafter
of the joint research section of the university programme contract
2009-2013; instigator then Director of CNRS Research Federation
No. 3241 on “L’Europe en mutation”
(A Changing Europe), set up on 1 January 2009 and bringing together 160 research
teachers and research workers; Deputy Dean of the International
Comparative Law Faculty (2009-2010); member of the Management Board,
the Academic Board and the Grants Commission of the European Doctoral
College (2006-2010); Director of the Institute of Judicial Studies of
the Strasbourg Law Faculty (1999 – 2005); member and chair of judging
panels for the 20th René Cassin Human Rights Competition (2004,
2005 and 2008).
IV. Activities and
experience in the field of human rights
Incorporation of Court case law into my lessons, particularly
those on civil and criminal procedure, property law and, above all, procedural law.
Drafting of legal articles and commentaries which take account
of European requirements (see below, section VII).
Organisation of a visit to the European Court of Human Rights
and a meeting with one of its judges for a delegation of Chinese
professors and prosecutors.
Reminder (see above):
- appointed
by the Principality of Monaco to serve as ad hoc judge at the European
Court of Human Rights since 17 January 2020;
- member and chair of judging panels for the 20th René Cassin
Human Rights Competition (2004, 2005 and 2008).
V. Public activities
a. Public office
See above III, b and c.
b. Elected posts
Not applicable
c. Posts held in
a political party or movement
Not applicable
VI. Other activities
Work placement at the Strasbourg Tribunal de Grande Instance
from 4 September 1989 to 30 October 1989.
Work placement at the Paris Tribunal de Grande Instance from
5 to 30 June 1989.
Member of the National Students’ Association for Prisoner
Education (Genepi) in 1986, 1987 and 1989.
VII. Publications
and other works
Direction of 30 doctoral theses in private law and criminal
sciences since the beginning of my career.
Some 400 publications: books (including about twenty as author
or as editor of a collective work), articles and commentaries.
Instigator and director of collections:
- “Droit privé et sciences criminelles”, L'Harmattan publishers
(established: March 2012);
- “Procédure(s)”, Bruylant publishers (established: November
2012);
- “Études de droit canonique”, L'Harmattan publishers (established
with Professor Mélina Douchy-Oudot as co-editor: December 2019).
Member of the editorial board of the review published by GRASCO
(Research-action group against organised crime), an online review
published since 15 April 2012.
Cited works:
1 “Le droit
à un procès equitable”, in Libertés et
droits fondamentaux (ed. R. Cabrillac), 29th ed., Dalloz, May
2023, update (initial text published in 2013), pp. 611-630.
2 “La procédure civile, d'un droit servant à un droit fundamental”,
speech given in the presence of HSH Albert lI for the formal annual
opening of Courts and Tribunals, 1 October 2020, Monaco. Legal year 2020-2021,
Multiprint, pp. 15-23.
3 "Medidas provisôrias justificadas pela urgência e pela
evidência" ("Interim measures justified by urgency and the evidence”), Revista de Processo, vol. 300 year
45, pp. 93-106. São Paulo: Ed. RT, February 2020 (co-ord. T. Arruda
Alvim; translation R. Dotti).
4 “De l'effectivité de l'accès au juge: la jurisprudence
Platakou contre Grèce à la lumière d'un arrêt de la Cour de Révision
de Monaco”, commentary on a judgment of the Monaco Court of Revision,
15 October 2014, JCP ed. G. 2015, 155.
5 “Des limitations au droit d'accès au juge”, Contribution
to a Liber amicorum in honour
of Renée Koering-Joulin, Anthemis, 2014, pp. 719-727.
6 “Le juge unique en procédure pénale”, in French Legal
System and Judicial Reform, Journal of Justice, Xiamen University
Press, China, 2014. 3, pp. 183-294 (translated into Mandarin by
Professor Xin Xu and Mr Zhuang Tian).
7 “Pour une nouvelle approche de la provision ad litem.
Les soubresauts du volet civil de l'affaire du Médiator”, Recueil
Dalloz 2013. Chron., pp. 2588-2593.
8 “Les référés en la forme”, in collaboration with President
Marcel Foulon, President of the Honorary Division of the Paris Court
of Appeal, Dalloz publishers, September 2013, 340 pp.
9 “Les arrêts pilotes: le pragmatisme au service des droits
humains”, in collaboration with Professors Jean-François Renucci
and Natalie Fricero, Recueil Dalloz 2013, pp. 201-208.
10 “La place de la victime dans
le procès penal”, foreword and post-face, published in partnership
with CETEL (Professor Christian-Nils; Robert, University of Geneva,
Switzerland) Bruylant publishers, December 2009. 320 pp.
VIII. Languages
Mother tongue: French
Passive knowledge:
- English:
diploma in legal terminology
- German
IX. 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
My English language skills are exercised more in writing than
orally, so if elected judge at the Court, I confirm that I would
take intensive English language classes prior to, and if need be
also at the beginning of, my term of duty.
X. Other relevant
information
Not applicable
XI. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court
I confirm hereby that if elected judge at the Court, I will
take up permanent residence in Strasbourg.
