Letter from Mr Gabriel Revel, Deputy to the Permanent Representative to the Principality of Monaco to the Council of Europe, to Ms Anne Brasseur, President of the Parliamentary Assembly, dated 20 February 2015
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Please find enclosed a file from H.E. the Minister of State, Michel Roger, concerning the CVs of the three Monegasque candidates for election as judge of the European Court of Human Rights in respect of Monaco.
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Letter from Mr Michel Roger, Minister of State to the Principality of Monaco to the Council of Europe, to Ms Anne Brasseur, President of the Parliamentary Assembly, dated 19 February 2015
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Please find enclosed the CVs in French and English of the three candidates selected by the Government of Monaco with a view to the election of judges of the European Court of Human Rights.
These three candidates are :
These candidatures have been examined by the Advisory Panel of Experts on candidates for the election of judges of the European Court of Human Rights.
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Information on national selection procedure for the position of a judge of the European Court of Human Rights
The Government of Monaco published in edition No. 8159 of the Official Gazette (Journal de Monaco) of 7 February 2014 a call for candidates, which resulted in the submission of three candidatures. The call for candidates contained details of the procedure in order to satisfy the requirements of transparency. Applicants had two months in which to submit their candidatures.
The criteria set out in the call for candidates were as follows:
A national selection committee was set up, comprising the President of the High Council of Judges and Prosecutors, the President of the Supreme Court, the First President of the Court of Revision, the Minister of Foreign Affairs and Co-operation, and the Chief Legal Advisor (representing the Minister of State).
This Committee met on 5 June 2014 and following detailed consideration concluded that the three candidates selected satisfied the relevant applicable provisions.
The candidatures were examined on paper given that the applicants were known to the members of the Committee.
GUIEN Fabienne
Female
Born on 5.11.1956 in Monaco
Monegasque nationality
None
As Secretary-General of the Economic and Social Council (ESC) since 1992
As part of the Femmes Leaders Mondiales association of Monaco since 2011, in partnership with GenderHopes created an alert network for women who are victims of violence; created a website and a day of action on 25 November
None
None
I, the undersigned, Fabienne Guien, certify in accordance with point IX of the Appendix to the call for candidates for the post of national judge on the European Court of Human Rights, published in the Journal de Monaco No. 8.159, the official bulletin of the Principality of Monaco, on 7 February 2014
Confirm my intention to follow intensive language classes in the language concerned prior to, and if need be also at the beginning of, my term of duty as a judge on the Court.
I, the undersigned, Fabienne Guien, certify in accordance with point XI of the Appendix to the call for candidates for the post of national judge at the European Court of Human Rights, published in the Journal de Monaco No. 8.159, the official bulletin of the Principality of Monaco, on 7 February 2014
Confirm that I agree to take up permanent residency in Strasbourg if elected a judge on the Court.
Name, first name: MOUROU-VIKSTRÖM Stéphanie
Sex: female
Date and place of birth: 1 November 1970 in Marseille, France
Nationality: Monegasque
Admitted to first year of preparatory course for the Grandes Ecoles (literary and humanities). Lycée Masséna, Nice.
Passed law exams in English in the following subjects: Public International Law, English Legal History, Substantive Law of the European Community, Company Law.
Judicial internship at the Tribunal de Grande Instance (regional civil court) in Paris
In this capacity: regularly presided over civil and criminal hearings, judge responsible for overseeing expert reports and, on an occasional basis, presided over commercial hearings, hearings of the Employment Tribunal (social law) and summary hearings.
Permanent liberties and detention judge (drafted reasoned orders regarding any request to extend custody).
In this capacity, drafted numerous judgements ruling on requests brought by the defence to declare proceedings void on the basis of the direct application of article 6 of the European Convention on Human Rights (right to silence, access to file, right to legal representation while in custody).
Adopted recommendations on biometric identification and video surveillance (private premises). Participated in deliberations on files complied by the police (fingerprints and palm prints, urban remote security, etc.).
Responsible for monitoring the personal information recorded on files held by the Police Department and SICCFIN as part of the indirect right to access for individuals.
Drafted reports on the compatibility of data held by the public authorities with Council of Europe Convention 108, article 8 of the ECHR and Monegasque legislation on protecting personal data.
Worked within a division of lawyers primarily dealing with cases relating to France and Ukraine. Participated actively in the daily work of the division:
• Processed petitions
• Produced draft papers, decisions and judgements
• Having carried out preliminary preparation of cases, attended meetings of the branch of the Court
• Processed interim measures (Article 39 of the Internal Rules of Court)
• Participated as the representative of Monaco in plenary meetings.
• February 2013: drafted CEPEJ questionnaire on timeframes for judicial proceedings and States’ understanding of “reasonable timeframe”.
• Member of the CEPEJ evaluation group.
• Designated expert for the peer assessment of the judicial system in Estonia. April 2014 (pending).
• National representative responsible for developing the assessment grid for the judicial system in the Principality of Monaco (reference year: 2012).
Co-drafted questionnaire on the assessment of judges in Monaco.
a. Public office
b. Elected posts
c. Posts held in a political party or movement
None.
In this capacity, participated in a variety of seminars and meetings organised by the European Patent Organisation:
• 2007 – Study visit for national judges to Munich
• 2008 – Opposition and appeal procedures before the European Patent Organisation, in Munich
• 2008 – Patent disputes and proceedings, in Ljubljana
Represented Monaco at symposia of national patent judges in Bordeaux (2008), Lisbon (2010), Dublin (2012) and Tallinn (2014) (forthcoming)
• International cooperation on criminal matters (Paris)
• The Council of Europe and the European Court of Human Rights (Strasbourg)
• Bioethics (Paris)
• Violence and young people (Paris)
• Common law (Paris)
• The Court of Justice of the European Union (Luxembourg)
• “United Nations Security Council Resolution 687”, 24p., University of Aix-en-Provence
• “The nationality of multinational firms and Community law”, 19p., University of Aix-en-Provence
• “Interpretation and review of decisions of international justice”, 26p., University of Aix-en-Provence
• “The Lomé system”, 35p., University of Aix-en-Provence
Diploma in English from Marlborough College (University of Oxford)
TOEFL: 623 points
Diploma from Folkuniversitetet (diploma in Swedish), advanced level
Good knowledge.
Surname, first name: ORENGO, Philippe
Sex: Male
Date and place of birth: 13 November 1953 In Monaco (Principality Of Monaco)
Nationality: French
a. Description of judicial activities
The administrative court of which I am a member does not engage in any judicial activities per se; it does, however, have cognisance of such activities: firstly, through ruling on criminal cases involving the administrative offence of damaging or obstructing the highways (contravention de grande voirie); secondly, within the context of preliminary rulings; and, thirdly, by analogy, in disputes relating to fundamental freedoms (in particular, disputes involving foreign nationals).
b. Description of non-judicial legal activities
As part of my previous activities within local government in the office of the Mayor of Paris, then in the State civil service as a sub-prefect, a priori monitoring of the legality of administrative acts.
My jurisdictional role at the Nice Administrative Court (Tribunal administratif de Nice) is described in point IV below.
As part of my additional activities as a member of the Principality of Monaco’s Council of State (since 5 July 2008), I fulfil the role of rapporteur for areas devolved to the institution by article 52 of the Constitution of the Principality of Monaco.
As a member of the Principality of Monaco’s High Commission for Urban Development, I play an advisory role regarding the application of the legislation and regulations on urban planning.
As a member of the Monegasque Anti-Doping Commission, I take decisions regarding the application of the legislation and regulations on sport and combatting doping, as well as the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, including in the context of disciplinary action devolved to the Commission’s disciplinary section.
c. Description of non-legal professional activities
Not applicable.
As part of my previous role in the office of the Mayor of Paris (from 1 January 1980 to 31 December 1987) where, among other things, I was responsible for relations with the voluntary sector and faith organisations, as well as in my capacity as a sub-prefect (from 1 January 1988 to 30 June 1994), where I had particular responsibility for monitoring the legality of administrative acts and, finally, as part of my jurisdictional role at the Nice Administrative Court (since 1 July 1994), initially at the level of counsellor acting as a single judge and member of a panel, then at the level of lead counsellor acting as a government commissioner (public rapporteur) from 1996 and, finally, at the level of president of the counsellors of the administrative court and the administrative court of appeal, acting as Vice-President of the Nice Administrative Court, President of the Panel, single judge and summary judge, I have had cognisance of, delivered verdicts and ruled on disputes involving the rights directly or indirectly guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms in the majority of contentious areas of public law and, in particular, relating to public freedoms, disputes brought by foreign nationals (including expulsions) and relating to the right of asylum, work and employment disputes, social disputes, disputes relating to expropriation for public utility, disputes relating to municipal and district elections, and disputes relating to education. As part of this work, I have had to apply, in various circumstances, all of the articles of the European Convention cited above, and all of the articles contained in the additional protocols to the Convention.
Since 2000, humanitarian and social activities as a counsellor and member of the Monegasque National Association of the Order of Malta.
Various notes and articles in French and international publications (Larousse universel dictionary, Actualité juridique du droit administrative, bulletin of the Lisbon Geographical Society, etc.). Various university lectures and papers given at legal symposia in France and abroad, particularly on issues of procedure or substance in public law.
Not applicable.