Election of judges to the European Court of Human Rights{In accordance with Article 22 of the European Convention on Human Rights.}
List and curricula vitae of candidates submitted by the Government of Romania
Communication
| Doc. 13305
| 20 September 2013
- Author(s):
- Secretary General of the Parliamentary Assembly
1 List and curricula
vitae of candidates submitted by the Government of Romania
Letter from Mr Stelian Stoian,
Ambassador of Romania to the Council of Europe, to Mr Wojciech Sawicki,
Secretary General of the Parliamentary Assembly, dated 9 September
2013
…
In reply to your letter of 13 September 2012, concerning the
election of the new judge at the European Court of Human Rights
in respect of Romania, which is scheduled for the October part-session
of the Parliamentary Assembly of the Council of Europe, I have the
pleasure to submit to the attention of the Assembly the list of three
candidates for the position of judge in respect of Romania, which
has been selected by the Romanian authorities. The list comprises,
in alphabetical order:
- Ms Iulia
Antoanella MOTOC
- Mr Tudor PANŢÎRU
- Mr Florin STRETEANU.
Please find attached
the procedure used nationally for the nomination of the Romanian
candidates for the position of judge of the European Court of Human
Rights, together with curricula vitae of the three selected candidates
(both in English and French).
Looking forward to working closely with you for finalizing
successfully the process of election of the new judge in respect
of Romania, please accept, dear Mr Secretary General, the assurances
of my highest consideration.
…
* * * * *
Procedure for the nomination of
the Romanian candidate for the position of judge of the European Court
of Human Rights
Following the adoption of the amendments, by Government Emergency
Ordinance No. 21 of 27 March 2013, to the Government Ordinance No.
94/1999 on the participation of Romania in the proceedings before
the European Court of Human Rights and the Committee of Ministers
of the Council of Europe and the State’s regress following the judgments
and friendly settlement conventions (GO No. 94/1999) and the confirmation
of the constitutionality of these amendments by the Constitutional
Court on 9 May 2013, the Government initiated the selection procedure
for the nomination of the Romanian candidates for the position of
judge of the European Court of Human Rights (here after ECtHR).
It is to be underlined that, pursuant to Article 5 paragraph
1 of the GO No. 94/1999, as subsequently amended, the nomination
of the candidates on behalf
of Romania for the position of judge to the Court is made by the Government,
with the advisory opinion of the legal and human rights committees
of the Senate and Chamber of Deputies, in a joint meeting, at the
proposal of one selection committee composed of:
a the Minister of Justice;
b the Minister of Foreign Affairs;
c the Government’s Agent for the European Court of Human
Rights;
d the Director of the Directorate for European Affairs and
Human Rights within the Ministry of Justice;
e a member of the Superior Council of Magistracy, designated
by its Plenary;
f a judge of the High Court of Justice and Cassation, designated
by its Directing College;
g the Ombudsman;
h two academics from the law faculties within the advanced
research and education universities
Note, as classified pursuant to Article
193 paragraph (4) letter c) of the Law of national education No.
1/2011, as subsequently amended and completed, designated, by majority,
by the members laid down at letters
a)-
g), following the proposals of the
above-mentioned faculties of law.
Thus, the Minister of Justice initiated the démarches for
the constitution of the selection committee, sending invitations
to the Superior Council of Magistracy, the High Court of Justice
and Cassation and the three law faculties from the universities
classified as advanced research and education institutions. Following
this correspondence, the Superior Council of Magistracy and the
High Court of Justice and Cassation designated, in accordance with
the law, their representatives. The deans from the three law faculties
concerned decided to propose two academics from their staff to sit
in the selection committee.
As a consequence, the Minister of Justice convened the members
of the selection committee for a first meeting that took place on
22 May 2013; during this meeting, the members of the selection already
appointed accepted the two proposals put forward by the deans of
the law faculties. Thus, the complete composition of the committee
was as follows:
1 Robert Cazanciuc,
Minister of Justice – President of the Selection Committee;
2 Titus Corlăţean, Minister of Foreign Affairs;
3 Anastasiu Crişu, Ombudsman;
4 Catrinel Brumar, the Government’s Agent for the European
Court of Human Rights;
5 Mădălina Manolache, Director of the Directorate for European
Affairs and Human Rights within the Ministry of Justice;
6 Adrian Bordea, judge, Vice-President of the Superior Council
of Magistracy;
7 Cristina Tarcea, judge, High Court of Justice and Cassation;
8 Radu Catană, Deputy Rector, Babeş-Bolyai University, professor
of Private Law;
9 Elena Simina Tănăsescu, Deputy Dean of the Faculty of
Law, University of Bucharest, professor of Constitutional Law and
of European law.
Also during its first meeting, the selection committee agreed
on the text of the public call for candidacy. The main excerpts
of the public call are reproduced in the annex to the present document.
The announcement was published in the Official Gazette on
24 May 2013; at the same time, the announcement was published on
the websites of the Ministry of Justice, Ministry of Foreign Affairs,
the High Court of Justice and Cassation and the Superior Council
for Magistracy and distributed to the media, the professional legal bodies
and the specialised legal site www.juridice.ro.
The announcement indicated the requirements stipulated for
this position by the national law, by the Convention for the protection
of human rights and fundamental freedoms and by the legal instruments
adopted at the level of the Council of Europe with relevance in
this field; the documentation to be submitted (offering also the
model for the CV required by the Parliamentary Assembly of the Council
of Europe in its Resolution 1646
(2009) translated into Romanian and indicating the links for
the French and English version of the CV that were also mandatory
for the submission of a candidature); the date and place of the
candidates’ interview (in the period 12-14 June 2013, at the headquarters
of the Ministry of Justice) and the time-limit by which the applications
had to be submitted (a period of 2 weeks, between 24 May and 7 June
2013). The call also underlined the necessity for a gender balanced
list of candidates, thus encouraging women to subscribe.
The media advertised the announcement; after the first week
of the period for the submission of candidature, the Ministry of
Justice and the Ministry of Foreign Affairs reiterated the call
for candidature, drawing attention to the deadline. Press releases
were also issued.
At the expiry of the period for the validity of the public
call for candidature, seven candidatures were registered; on 11
June and on 12 June, two of the candidates withdrew their candidatures.
The remaining five candidates were interviewed on 12 June
2013, each interview lasting for 45-50 minutes. As announced in
the public call, the interview began, for each candidate, with the
presentation of the candidates, with focus on his or her qualifications
that would, in his or her opinion, recommend him/her for the position
of judge of the ECtHR.
After this short introduction from the candidate, the selection
committee asked questions to each candidate; the questions ranged
to cover three important aspects: the experience and mastering of
the human rights standards at the European level, the knowledge
of international law, comparative law and domestic law and the deontological
aspects.
Examples from the three types of questions are reproduced
below:
1. Experience and mastering of the European mechanism (functioning,
reform and case law)
- What is
the candidate’s opinion on the future of the right of individual
recourse before the ECtHR?
- Tools to provide a fair balance between ECtHR standards
and national ones
2. Knowledge of international law, comparative law and domestic
law
- The aptitude of the ECtHR
to remain an effective mechanism in the context of European Union accession
- Legal force of the conventional provisions in Romanian
legal order
- The relationship between the ECtHR and other human rights
bodies, both at regional and at international level
- The potential influence of the ECtHR case-law on other
European mechanisms, including at the EU level
- Domestic remedies for alleged violations of fundamental
rights and freedoms
3. Deontological aspects
- The
position of the European judge in relation to the State that had
proposed him/her
- The effects of a judicial decision on parties
- The role of the “national” judge within the ECtHR
- The ethical code of the European judge and the duty of
discretion.
Moreover, the selection committee tested candidates’ knowledge
of the official languages of the European Court of Human Rights
(for each candidate, at least two questions were addressed by the
members of the committee in English and, respectively, French; the
candidates were invited to give answers in at least one of these
two languages).
The committee deliberated after interviewing all five candidates;
after exchanging views on the performance of each candidate, the
selection committee decided, with majority, on the content of the
list of proposals and of the list of reserve as follows:
- List of proposals (in alphabetical
order): Bianca Andrada Guţan, Iulia Antoanella Motoc and Florin Streteanu;
- Reserve list: Tudor Panţîru.
It is to be noted that the members of the above-mentioned
committee exercised their mandate individually and independently
and expressed their own opinion.
In the minutes of the selection committee’s meeting there
were recorded all the results of the deliberations, the grounds
for retaining or rejecting a candidature or for retaining a candidature
on the list of reserve rather than on the list of proposals.
On 13 June 2013, the list of proposals and the list of reserve
were transmitted to the Government and at the same time were published
on the website of the Ministry of Justice. The reasoning of the
selection committee was not made public, but according to the public
call, each candidate can obtain a copy of his/her evaluation.
At the Government meeting of 19 June, the list of proposals
and the list of reserve, as forwarded by the Ministry of Justice,
acting as secretariat for the selection committee, was approved
by the Government. Following this approval, the lists were transmitted
by the General Secretariat of the Government to the two Chambers
of Parliament, so that the legal and the human rights committees
of each parliamentary Chamber, reunited in a common meeting, can
proceed to the interviewing of the candidates and give their advisory
opinions on the suitability of candidatures, according to art. 5
para (1) and (16) of GO No. 94/1999.
On 26 June 2013, the legal and the human rights committees
of each parliamentary Chamber, reunited in a common meeting, interviewed
the four candidates included on the list of proposals and on the
list of reserve and gave their advisory opinion. By secret vote,
three of the candidates received positive advisory opinion (Bianca
Andrada Guţan, Florin Streteanu, Tudor Panţîru) and one candidate
received negative advisory opinion (Iulia Antoanella Motoc). It
follows that the parliamentary committees issued their opinion on
the candidatures individually, and not on the list taken as a whole.
The advisory opinion was transmitted to the Government on
the 27th of June 2013; at the next Government meeting, on the 4th
of July, the final list was adopted.
Appendix 1 – Iulia Antoanella
MOTOC
CURRICULUM
VITAENote
I. Personal
details
Name, forename: Motoc, Iulia Antoanella
Sex: Female
Date and place of birth: 20 August 1967, Timişoara
Nationality: Romanian
II. Education
and academic and other qualifications
- Ph.D. (Doctorate) in
Moral Philosophy, University of Bucharest, Department of Philosophy,
1999, Thesis: Ethics in International
Relations;
- Habilitation in Law (Qualified to supervise doctoral candidates),
University Paris XI, “Jean Monnet” Department, 1998;
- S.J.D. (Doctorate) in International Public Law (highest
distinction with the congratulations of the jury), University “Paul
Cézanne” Aix-Marseilles III, School of Law, 1996, Exceptions to Article 2*4 of the UN Charter
as interpreted by the UN Security Council;
- Full registration judge exam, 1995, Criminal law and civil
law;
- Master (DEA) in International Public Law, University “Paul
Cézanne” Aix-Marseilles III, School of Law, 1991;
- L.L.B., University of Bucharest, School of Law (9,93/10),
1989, Dissertation topic pertaining to
criminal law (10/10).
III. Relevant
professional activities
a. Description
of judicial activities
- Judge,
Constitutional Court of Romania (2010 onwards); Settlement
of exceptions of unconstitutionality involving a thorough knowledge
of the Constitution, as well as of Romanian law, especially criminal
law, civil law, labour law, financial law. Judge-Rapporteur specialized
in cases involving a thorough knowledge of ECHR jurisprudence and
EU law. Settlement of constitutional disputes, as well as of “a
priori” disputes, covering a wide range of legislation, election
law, criminal law, civil code, revision of the Constitution, judicial
independence;
- Ad hoc Judge, European
Court of Human Rights (2010); Judge in the case of Dobri v. Romania;
- Judge, Trial Court of the 2nd District of Bucharest (1990–1995);
Settlement of criminal and civil cases;
- Trainee Prosecutor, Giurgiu Regional Prosecution Office
(September 1989–1990).
b. Description
of non-judicial legal activities
- Professor
of International Law and Human Rights (2002 onwards), and European
Law (2007 onwards), University of Bucharest; Human rights
courses, organisation of students conferences together with several
non-governmental foundations, among which the Konrad Adenauer Foundation, conferences
with the National Institute of Magistracy, member of the jury in
the “Charles Rousseau” Competition in International Law, Vice-Dean
of the Faculty of Political Science, 1998, vice-dean responsible
for research, scientific secretary;
- Director (Romania) European Master on Human Rights and
Democratisation, European Inter-University Centre for Human Rights
and Democratisation, Venice (2007 onwards); Selection of students,
Member in the Master EIUC Venice Examination Committees, organisation
of conferences in Romania dedicated to Article 10 of the European
Convention on Human Rights (Freedom of expression) and to Article
6 (independence of the judiciary), organisation of the Conference
“Cinema and Human Rights” together with Columbia University;
- Research Professor, Justice and International Law in a
Global World, Institute for Research in International and European
Law, Sorbonne, IRDIES (2012 onwards);
- Yale University, School of Law, Orville Center for International
Human Rights (2004–2007). Research in the field of human rights
and transitional justice;
- New York University, School of Law, Fulbright – course,
“International Law and Democracy” (course coordinator together with
J.H.H. Weiler) (2003);
- New York University, 2004, Theory and history of international
law, intervenient with Benedict Kingsbury;
- St-Thomas University – Miami, Master Course Coordinator
“Human Rights and the United Nations” (2001–2003);
- Lawyer, Bucharest Bar Association (1995 onwards – reserved
position);
- Arbitrator, ICSID, Washington (2008 onwards);
- Member of the Managing Board, National Council for Accreditation
and Attestation, Law, Romania (2010–2012);
- Member of the Presidential Commission for Analysis of
the Constitution, Romania (2007–2008); Rapporteur for the chapter
on human rights;
- European Institute, Florence (2006), European Academy
of Human Rights, Special Guest Professor “Genetic discrimination”
(2006);
- Member, Executive Board of the European Society of International
Law (2004–2008);
- Member, Scientific Council, “Revue Québécoise de droit
international”;
- Member, Scientific Council, College of Europe, TMC Asser
Institute, The Netherlands;
- Member, International Council of Professors and Practitioners,
School of Law, University of Melbourne;
- Member, International Law Association – Working Group
on Biotechnology And International Law;
- Member, Editorial Board, Yearbook of International and
Compared Law, Eastern Europe;
- Board Member, International Commission of Jurists;
- Reader, University of Bucharest (1998–2002);
- Lecturer, University of Bucharest (1997–1998);
- Teaching Assistant, University of Bucharest (1995–1997).
c. Description
of non-legal professional activities
- PhD Supervisor, School
of Political Studies, University of Bucharest (2010 onwards); Coordination
of theses in the field of Roma rights as a research field;
- Diplomatic Academy, Ministry of Foreign Affairs, Romania,
Scientific Director (2002–2003); Drafting of the first post-communist
educational programs of the Diplomatic Academy, selection of the
Academy professors, Public International Law Course Coordinator;
- Co-Editor, International Law and International Relations,
Polis (1996–1999);
- Member, Scientific Council, Journal of International Relations
and Development;
- University of Michigan (1998), USAID, International Relations
Program;
- Researcher, Institute for Human Sciences, Vienna (January
1999–June 1999); Melon Fellowship, Research Topic: Rule of law and human rights.
IV. Activities
and experience in the field of human rights
United
Nations
- Vice-President
of the Human Rights Committee, United Nations (2012–onwards)
- Member, Human Rights Committee,
United Nations (2006–onwards); Rapporteur and member
of working groups involved in the assessment of civil and political
rights, member of the Working Group on Communications, Analysis
of the relationship between the case-law of the European Court of
Human Rights and the communications of the UN Human Right Committee;
- Member of the Bureau, Rapporteur, Human Rights Committee,
United Nations (2008–2010);
- Special Rapporteur of the United Nations Commission for
Human Rights for the Democratic Republic of Congo (2001–2004); Visits
to the Democratic Republic of Congo in conflict areas. Reports on
massive violations of human rights, extensively quoted including
by the International Criminal Court Prosecutor and the International
Criminal Court;
- UN Special Rapporteur on Human Rights and the Human Genome
(2004–2007); Author of the first reports of the United Nations on
genetics and human rights;
- Member of the Sub-Commission on the promotion and protection
of human rights, United Nations (2000–2007);
- Member, Working Group on Extreme Poverty and Human Rights
(2003–2006); co-author of the Guiding principles on extreme poverty
and human rights;
- Member, Working Group on Indigenous Populations, United
Nations (2000–2004); Working Paper with Tebtebba Foundation, quoted
in the preamble to the “Declaration on the Rights of Indigenous
Peoples”;
- President of the Sub-Commission on the promotion and protection
of human rights, United Nations (2000–2001);
- President, Working Group on the Administration of Justice,
United Nations (2002–2006);
- NGOs Special Rapporteur, Human Rights Committee, United
Nations (2010–2012);
- Member, Social Forum of the United Nations (2005);
- Member, Working Group on Contemporary Forms of Slavery
(trafficking in women, etc.) (1999–2000);
Council
of Europe
- Member of the Advisory
Committee on the Framework Convention for the Protection of National Minorities,
Council of Europe (1998–2004) (2008–2012);
European
Union
- Member of the Fundamental
Rights Agency of the European Union (2010–2012).
V. Public
activities
a. Public
office
- Judge, Constitutional
Court of Romania, appointed by the Senate of Romania (2010 onwards).
b. Elected
posts
N/A
c. Posts
held in a political party or movement
I have not been a member of any political party.
VI. Other
activities
N/A
VII. Publications
and other works
Books – 9; Book chapters, articles, international reports
– more than 60.
- The impact
of the European Court of Human Rights and the case-law of democratic
change and development in Eastern Europe, editors Iulia Motoc and
Ineta Ziemele, to be published in 2014;
- Romania to the European Court of Human Rights, editors
Iulia Motoc and Ineta Ziemele, to be published in 2014;
- Internationalist doctrines during real communism in Europe,
UMR Comparative Law, Sorbonne, Society of Comparative Legislation
Publishing House, 2012 (co-editor Emmanuelle Jouannet);
- Women's rights as human rights from universal to regional,
University of Bucharest, 2009 (ed.);
- The International Law of Genetic Discrimination: The Power
of “Never Again” in Thérèse Murphy (ed.), New Technologies and Human
Rights, Oxford University Press, Oxford, 2009;
- Pleading for Human Rights, Centre for Human Rights and
Humanitarian Law, University Pantheon-Assas II, University of Bucharest
Publishing House, 2008 (in French);
- Conception of Pluralism and International Law in E. Jouannet,
H.R. Fabri V. Tomcievitz, ESIL procedures, Selected Procedures of
European Society of International Law, What’s the use for International
Law, Hart, Oxford, 2008;
- State and Individual Responsibility: controversial aspects
of the right to democracy, in The State’s Responsibility, Academy
of International Law, Thesaurus Acroasium, Sakkoulas, Thessaloniki,
2006;
- The role of the UN Special Rapporteurs in relation to
States, in Emmanuel Decaux, United Nations and Human Rights, Pedone
Publishing House, Paris, 2006;
- About Democracy: Normative Challenges to the International
Legal System, in S.Griller (eds.), International Economic Governance
and Non-Economic Issues, Springer Wien New York, 2003 (co-author
J.H.H. Weiler);
- Public International Law, University of Bucharest, 1996,
reprint, 2002 (co-author) (in French);
- Use of Force in Public International Law, Exceptions to
Article 2*4 of the UN Charter in the practice of the Security Council,
Babel Publishing House, Bucharest, 1997 (in French).
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
|
|
|
X
|
|
|
X
|
|
|
|
– French
|
X
|
|
|
X
|
|
|
X
|
|
|
|
c.
Other languages:
|
|
– Spanish
|
|
X
|
|
|
|
X
|
|
|
X
|
|
– German
|
|
|
X
|
|
|
|
|
|
|
|
– Italian
|
|
X
|
|
|
X
|
|
|
|
|
.
IX. In
the event that you do not meet the level of language proficiency
required for the post of judge in an official language [the second],
please confirm your intention to follow intensive language classes of
the language concerned prior to, and if need be also at the beginning
of, your term of duty if elected a judge on the Court
N/A
X. Other
relevant information
- National Order “Star
of Romania” in the rank of Knight;
- Order of Saints Constantine and Helena;
- Fulbright (2003);
- French State Fellowship (1990-1995);
- Melon Fellowship (January 1999-July 1999);
- Yale University Fellowship (2004-2007);
- Conferences in more than 30 countries;
- Vast experience in an international environment and the
ability to work in such an environment.
XI. Please
confirm that you will take up permanent residence in Strasbourg
if elected a judge on the Court
I confirm that I will take up permanent residence in Strasbourg
if elected a judge on the Court.
Appendix 2 – Tudor PANȚÎRU
CURRICULUM
VITAENote
I. Personal
details
Name, forename: Panțîru, Tudor
Sex: Male
Date and place of birth: 26 October 1951, Republic of Moldova
Nationalities: Romanian and Moldovan
II. Education
and academic and other qualifications
1977: Master of Arts in Law, Faculty of Law, State University
of Moldova
III. Relevant
professional activities
a. Description
of judicial activities
- 2002–to date: International Judge and Vice-President (2003–2006,
2012–to date) of the Constitutional Court of Bosnia and Herzegovina
- February 2013–to date: Judge,
Constitutional Court of the Republic of Moldova
- 2008–2012: Member of Romanian Parliament, President of
the Legal Sub-committee (Legal Committee, Chamber of Deputies) for
monitoring the execution of judgments of the ECtHR
- 2005–2008: International Judge and President of the Special
Chamber of the Supreme Court of Kosovo
- 2002–2005: United Nations Interim Administration Mission
in Kosovo, International Judge, Criminal Law Section of the Supreme
Court of Kosovo
- November 2001–April 2002: Legal Consultant, Monitoring
Department, Council of Europe, Strasbourg
- 1998–2001: Judge on the European Court of Human Rights
- 1996–1998: Judge on the (former) European Court of Human
Rights
- 1990–1992: President of the Legal Committee of the Parliament
of the Republic of Moldova
- 1990–1994: Member of the Parliament of the Republic of
Moldova
- 1988–1990: President of the Commission for the Evaluation,
Admission and Promotion of Judges of the Republic of Moldova (this
Commission used to be what is today the Superior Council of Magistrates)
- 1987–1990: President of the Frunze District Court in Chisinau
- 1980–1987: Judge of the Frunze District Court in Chisinau
(with the qualification first-class judge); adjudication in civil,
criminal and administrative cases
- 1977–1980: Attorney – member of the Bar Association of
the Republic of Moldova
b. Description
of non-judicial legal activities
- 1996–1998: Legal Adviser,
UNPD Moldova – Governance and Democracy Programme, for the project: Strengthening
the Legislative and Judicial Systems in Moldova, a project aimed
at:
- strengthening the capacity
to review and draft legislation;
- strengthening the training of legal practitioners;
- 1997–1998: Deputy President of the Moldovan Association
of Judges, responsible for the international relations of the Association
- 1996–1998: Member of the Board of the Soros Foundation
in the Republic of Moldova, responsible for the strategy on strengthening
the independence of judiciary in the Republic of Moldova
c. Description
of non-legal professional activities
- 1997–1998: Overall co-ordinator
of “Governance and Democracy” Programme (UNDP Moldova), running
the projects:
- Strengthening
Local Governance in the Republic of Moldova;
- Strengthening the Legislative and Judicial Systems in
Moldova;
- 1992–1996: Ambassador – Permanent Representative of the
Republic of Moldova to the United Nations, New York (participation
in the activities of Third and Sixth Committees of the UN General
Assembly, dealing with legal issues and human rights)
IV. Activities
and experience in the field of human rights
- 1996–2001: Judge at
the European Court of Human Rights
- 1996–1998: Lecturer in the courses for judicial training
(attended by judges, prosecutors and defence lawyers) on the European
Convention on Human Rights, organised within a UNDP project
V. Public
activities
- 1997–1998: Deputy President
of the Moldovan Association of Judges, responsible for the international relations
of the Association;
- 1997–present: Member of the
editorial staff of the legal journal Almanah Juridic (Legal Almanac), responsible for the human
rights items;
- 1996–1998: Member of the Board of the Soros Foundation
in Moldova, responsible for the strategy on strengthening the independence
of the judiciary in the Republic of Moldova
VI. Publications
and other works
- “Reform of the Judicial
System in the Republic of Moldova” – Legea
si Viata journal, Chisinau, 1992
- “The Protection of Property under Article 1 of Protocol
1 to the Convention for the Protection of Human Rights and Fundamental
Freedoms” – Legea si Viata,
Chisinau, January 1999
- “The Compensation of Non-Pecuniary Damage to Legal Persons
in the Case-Law of the European Court of Human Rights” – Avocatul Poporului, Chisinau, August
2000.
- “The Protection of Refugees under the ECHR” – in the book Jurisprudence of the International Legal Institutions
in Refugee Matters, edited by UNHCR BO in Moldova, Chisinau,
2000
VII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
|
a.
First language:
|
|
– Romanian
|
X
|
|
|
X
|
|
|
X
|
|
|
|
b.
Official languages:
|
|
– English
|
X
|
|
|
X
|
|
|
X
|
|
|
|
– French
|
|
|
X
|
|
|
|
|
|
X
|
|
c.
Other languages:
|
|
– Russian
|
X
|
|
|
X
|
|
|
X
|
|
|
|
– Serbian/Croatian/Bosnian
|
|
|
X
|
|
|
X
|
|
|
X
|
.
VIII. In
the event that you do not meet the level of language proficiency
required for the post of judge in an official language [the second],
please confirm your intention to follow intensive language classes of
the language concerned prior to, and if need be also at the beginning
of, your term of duty if elected a judge on the Court
N/A
IX. Other
relevant information
I hold the Superior (highest) judicial qualification in the
national system of judiciary.
X. Please
confirm that you will take up permanent residence in Strasbourg
if elected a judge on the Court.
I confirm that I will take up permanent residence in Strasbourg
if elected as a judge on the Court.
Appendix 3 – Ioan Florin
STRETEANU
CURRICULUM
VITAENote
I. Personal
details
Name, forename: Streteanu, Ioan Florin
Sex: male
Date and place of birth: 05.10.1972, Brad, Romania
Nationality: Romanian
II. Education
and academic and other qualifications
- 2012–2013: Habilitation
in law
- 1995–1998: Doctoral studies in the Criminal Law field,
Babeș-Bolyai University, Cluj-Napoca
- 1995–1999: Superior Degree in Comparative Law Comparative
Law, cycle 1-3, International Faculty of Comparative Law, Strasbourg,
France
- 1991–1995: Bachelor of Law, Babeș-Bolyai University, Cluj-Napoca
III. Relevant
professional activities
Description
of judicial activities:
- 2010–2013, Ad hoc Judge, European Court of
Human Rights, case Mocanu and Others
v. Romania (Applications Nos 10865/09, 45886/07 and 32431/08)
- 2009–2011, Ad hoc Judge,
European Court of Human Rights, case of Association
“21 December 1989” and Others v. Romania (Applications
Nos 33810/07 and 18817/08)
- 1995–1999, Lawyer, Cluj Bar Association
b. Description
of non-judicial legal activities:
- Professor
Ph.D. hab. in Criminal Law, Faculty of Law, Babes-Bolyai University,
Cluj-Napoca
- Professor, International Faculty
of Comparative Law, Strasbourg, France, in charge of the Criminal
Liability of Corporations in Comparative Law course, 2nd cycle level
(starting 2002)
- Visiting Professor, Limoges University, France (2004–2012)
in charge of the Comparative Criminal Law course (until 2008) and
International Criminal Offences course (since 2009), within the
European and International Criminal Law Masters Program
- Visiting professor at the Universities of Reims (2001),
Strasbourg (2003), Zaragoza (2005, 2007), Nantes (2009)
- Trainer, in charge of the Criminal Law course (starting
2007), Head of the Criminal Law Department (2007–2012), National
Institute of Magistracy, Bucharest
- Member of the Ministry of Justice Commission established
for the drafting of the new Romanian Criminal Code, 2006–2009
- Member and coordinator of the Ministry of Justice Experts
Commission, established in order to draft the implementing law of
the New Criminal Code (2010)
- Contact point for Romania of ECLAN (European Criminal
Law Academic Network), Brussels (since 2007)
c. Description
of non-legal professional activities:
- Dean,
Faculty of Law, Babeș-Bolyai University (since May 2012)
- Member of the National Council for Titles, Diplomas and
Certificates (2011–2012)
- Vice-Dean, Faculty of Law, Babeș-Bolyai University (2006–2012)
- Head of the Criminal Sciences Department, Babeș-Bolyai
University (2006–2008)
- Member of the special committee No. 3 (Socio-economic
and human sciences) of the National Council for Scientific Research
in Higher Education (2005–2010)
- General Chancellor, Babeș-Bolyai University (2004–2006)
- Head of The Criminal and Forensic
Sciences Masters Program, University of Cluj-Napoca (2003– present
date)
IV. Activities
and experience in the field of human rights
- 2010–2013, Ad hoc Judge, European Court of
Human Rights, case Mocanu and Others
v. Romania (Applications Nos. 10865/09, 45886/07 and
32431/08)
- 2009–2011, Ad hoc Judge,
European Court of Human Rights, case of Association
“21 December 1989” and Others v. Romania (Applications
Nos. 33810/07 and 18817/08)
- Head of the Protection of Human Rights Course (1998–2002)
at the Law Faculty of the Babes-Bolyai University in Cluj-Napoca
- Member of the League for Defence of Human Rights (LADO)
Cluj (1998–2001)
- Member of the editorial board at the Noua Revistă Română
de Drepturile Omului (New Romanian Journal of Human Rights)
- Participation in the 28th Annual Study Session organised
by the International Institute of Human Rights, Strasbourg, 1997
- Attendance at the Summer Session of the Academy of European
Law, Florence, 1996
V. Public
activities
a. Public
office
- Dean,
Faculty of Law, Babeș-Bolyai University (since May 2012)
- Vice-Dean, Faculty of Law, Babeș-Bolyai University (2006–2012)
- Head of the Criminal Sciences Department, Babeș-Bolyai
University (2006–2008)
- General Chancellor, Babeș-Bolyai University (2004–2006)
b. Elected
posts
None.
c. Posts
held in a political party or movement
None.
VI. Other
activities
Field –
legal publications
- Director and founder
of the journal Caiete de Drept penal (Criminal Law Writings), indexed
by EBSCO, CEEOL and SSRN (since 2005)
- Editor in Chief of the journal Studia Universitatis Babes-Bolyai,
Series Iurisprudentia, indexed HeinOnline, EBSCO, CEEOL
- Member of the editorial board at Revue Roumaine de Droit
Comparé (since 2010)
- Correspondent for Romania, for Revue de science pénitentiaire
et de droit pénal compare (since 2009)
VII. Publications
and other works
8 books or book chapters
37 articles and studies
- Tratat
de drept penal, vol.I, Ed. C.H.Beck, Bucureşti, 2008
- Concursul de infracţiuni, Ed. Lumina Lex, Bucureşti, 1999
(385 p.)
- Răspunderea penală a persoanei juridice (ediţia a II-a)Ed.
C.H.Beck, Bucureşti, 2007 (478 p.) (together with R. Chiriţă)
- Consideraciones acerca del tratamiento jurídico de la
violencia doméstica en Europa del Este. Reflexiones sobre el derecho
rumano, in M.A. Boldova Pasamar, M.A. Rueda Martin, La reforma penal en
torno a la violencia doméstica y de género, Ed. Atelier, Barcelona,
2006.
- La responsabilité pénale des personnes morales en droit
roumain. Une reforme attendue, in S. Adam, N. Colette-Basecqz (coord),
La responsabilité pénale des personnes morales en Europe, Ed. La
Charte, Namur, 2008
- Le principe de reconnaissance mutuelle des décisions judiciaires
dans l’Union Européenne devant les juridictions roumaines, in G.
Vernimmen, L. Surano (coord), The future of mutual recognition in
criminal matters in the European Union, Ed. ULB, Bruxelles, 2009
(together with D.Ionescu)
- Deţinerea şi folosirea de către autorităţi a unor date
cu caracter personal în raport cu dispoziţiile art. 8 din Convenţia
Europeană a Drepturilor Omului în “Studia Universitatis Babeş-Bolyai”
nr.2/2000
- La responsabilité pénale des personnes morales en droit
roumain, Revue de droit pénal et de science pénitentiaire, n.2/2007
- Succinte considerații privind efectele deciziilor Curții
Constituționale, cu referire la infracțiunile de insultă și calomnie,
Caiete de Drept penal, nr.3/2010
- Considerații privind incidența normelor dreptului comunitar
asupra dreptului penal român, Revista de Științe penale (Chisinau),
2008-2009
- Considerații privind confiscarea extinsă, Caiete de Drept
penal, nr.2/2012
VIII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
|
a.
First language:
|
|
– Romanian
|
X
|
|
|
X
|
|
|
X
|
|
|
|
b.
Official languages:
|
|
– French
|
X
|
|
|
X
|
|
|
X
|
|
|
|
– English
|
|
X
|
|
|
|
X
|
|
|
X
|
|
c.
Other languages:
|
|
– Spanish
|
X
|
|
|
|
|
X
|
|
X
|
|
IX. In
the event that you do not meet the level of language proficiency
required for the post of judge in an official language [the second],
please confirm your intention to follow intensive language classes of
the language concerned prior to, and if need be also at the beginning
of, your term of duty if elected a judge on the Court
N/A
X. Other
relevant information
a. Participation
in international research programs
- La reforma penal en
torno a la violencia doméstica y de género, Coord. Universidad de
Zaragoza, 2005
- Analysis of the future of mutual recognition in criminal
matters in the European Union, Coord. ECLAN, Brussels, 2008–2009
- Study on the liability of legal persons for offences in
the European Union, Coord. Institute for International Research
on Criminal Policy (IRCP), Gent, 2010–2011
- Development of an EU Evaluation Mechanism in the area
of Anti-Corruption with a particular focus on identifying and reducing
the costs of corruption in Public Procurement involving EU Funds,
Coord. OLAF-ECLAN, 2012
- Study on criminal sanction legislation and practice in
representative Member States, 2012-2013, Coord. Aranzadi S.A., Navarra
b. Awards
and distinctions:
- Andrei Radulescu Award
for 2008, Romanian Academy
- Vintilă Dongoroz Award for 2008, Romanian Union of Jurists
XI. Please
confirm that you will take up permanent residence in Strasbourg
if elected a judge on the Court
I confirm.
