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Election of judges to the European Court of Human Rights

List and curricula vitae of candidates submitted by the Government of Slovenia

Communication | Doc. 16027 | 28 August 2024

Author(s):
Secretary General of the Parliamentary Assembly

1 List and curricula vitae of candidates submitted by the Government of SloveniaNote

Letter from Mr Grega Pajnkihar, chargé d’affaires, Deputy Permanent Representative of Slovenia to the Council of Europe, to Ms Despina Chatzivassiliou-Tsovilis, Secretary General of the Parliamentary Assembly of the Council of Europe, dated 9 August 2024

[…] With reference to your letter dated 21 April 2023, in which the Republic of Slovenia was invited to submit to the list of Candidates for the Election as a Judge to the European Court of Human Rights the names and curricula vitae of the candidates proposed by the government, I have the honour to present the names of the three Slovenian candidates for the position of judge representing the Republic of Slovenia at the European Court of Human Rights.

The list is submitted in alphabetical order:

  • Dr. Aleš Galič
  • Dr. Vasilka Sancin
  • Dr. Boštjan Zalar

To this letter, we are attaching curricula vitae of the candidates and the description of Slovenian national selection procedure. […]

2 Information on the national selection procedure applied in Slovenia to designate three candidates for the post of Judge of the European Court of Human Rights

The selection procedure for nominating judges to international courts, including the European Court of Human Rights, is governed by a special law adopted by the National Assembly – the Act on nomination of candidates from the Republic of Slovenia for judges at international courts (Official Gazette, 64/01 and 59/02, “Nomination Act”). The Nomination Act stipulates that Slovenian candidates for judicial appointments to international courts must meet the criteria prescribed in the Republic of Slovenia for appointments to the Supreme Court or the Constitutional CourtNote and must be fluent in at least one of the official languages of the respective international court. In addition, pursuant to Article 2 of the Nomination Act, the candidates must also satisfy specific conditions set out in the founding documents of the respective international court or in a binding international treaty. The procedure includes various stages and involves multiple national authorities at different stages of the process to ensure the widest degree of transparency and consistency of the procedure.

Summary of the procedure:

The Ministry of Justice published the call for applications for the judge at the European Court of Human Rights in respect of Slovenia (term June 2025 onwards) in the Official Gazette of the Republic of Slovenia no. 58 dated 16 May 2023.NoteNote Besides that, an official letter was also sent to the Supreme Court of the Republic of Slovenia, the Constitutional Court of the Republic of Slovenia, and all the relevant Faculties of Law in Slovenia informing them of the call.

The applicants were required to demonstrate in their application the fulfilment of the criteria set out in the Nomination Act and in the Article 21 of the European Convention on Human Rights, and had to submit a detailed Curriculum Vitae, also in one of the official languages of the Court, and a comprehensive description of all relevant professional activities.

Deadline for applications was 7 weeks from the publication of the call in the Official Gazette of the Republic of Slovenia that has expired on 15 July 2023. The Ministry has received 8 applications.

Having verified that the applications were timely and complete and that all candidates satisfied all the required criteria, the Ministry of Justice transferred the applications to the Office of the President of the Republic of Slovenia for further proceedings.

The President of the Republic of Slovenia has obtained written opinions of the Government of the Republic of Slovenia and of the Judicial Council of the Republic of Slovenia on the applied candidates. Prior to submitting her proposal to the National Assembly of the Republic of Slovenia, all candidates underwent thorough interviews conducted by a special commission within the Office of the President. This commission, comprised of five esteemed members possessing ample expertise and credibility, out of which four with legal backgrounds, ensured a fair and comprehensive assessment process. Each candidate was presented with a set of identical questions, and their proficiency in both English and French languages was carefully assessed. The commission has evaluated the candidates on the basis of the pre-defined criteria. The President transferred her proposal on 3 candidates to the National Assembly of the Republic of Slovenia.

In accordance with Article 7 of the Nomination Act, the National Assembly is the final authority deciding on Slovenia’s judicial nominations to international courts. A vote of absolute majority (a total of at least 46 votes) is required.

All three candidates for the judge at the European Court of Human Rights in respect of Slovenia have been elected by the National Assembly of the Republic of Slovenia by secret ballot by the majority of all deputies on 23 April 2024. The candidates are (by alphabetical order):

  • Dr. Aleš Galič,
  • Dr. Vasilka Sancin,
  • Dr. Boštjan Zalar.

List includes candidates of each sex.

The nomination procedure was also reported on several occasions in the Slovenian media.

Appendix 1 - Curriculum vitae of Aleš GALIČ

I. Personal details

Surname, first name: GALIČ, Aleš

Sex: male

Date and place of birth: 7 March 1968, Ljubljana

Nationality: Slovenian

II. Education and academic and other qualifications

  • 1998: Ph.D. (title of Thesis: The Right to a Fair Trial in Civil Proceedings – Analysis of Case Law of the European Court of Human Rights and the Constitutional Courts of Germany and Slovenia), University of Ljubljana, Faculty of Law;
  • 1995: Master of law (title of thesis: The Declaratory Judgement in Civil Procedure), University of Ljubljana, Faculty of Law;
  • 1996: The State Law Exam (bar exam);
  • 1992: Bachelor of law, University of Ljubljana, Faculty of Law.

III. Relevant professional activities

a. Description of judicial activities

  • Ad Hoc Judge, European Court of Human Rights (2016-2024);
  • Member of the ICC International Court of Arbitration (2006-2018): the Court’s primary role is to administer ICC Arbitrations, particularly scrutiny of draft arbitral awards and deciding on motions for challenge of arbitrators;
  • Senior advisor (Référendaire) at the Constitutional Court of Slovenia (1997 – 1 March 2018): part-time employment (8-12 hours per week);
  • Internship at the Ljubljana Court of Appeals (1995-1996);
  • Slovenian State law exam (1996): bar exam;
  • Chair of Arbitral Tribunal or Sole Arbitrator in international commercial arbitration proceedings (under the Rules of ICC Court of Arbitration, Vienna International Arbitration Centre, PCA at the Croatian Chamber of Commerce, PCA at the Slovenian Chamber of Commerce).

b. Description of non-judicial legal activities

Permanent (full-time) employment: University of Ljubljana, Faculty of Law:

  • University professor: Full Professor since 2015; Associate Professor (2005 – 2015); Assistant Professor (1998-2005);
  • Assistant researcher (1992-1997).

Key fields of academic interest, research and teaching (undergraduate and postgraduate courses): Civil Procedure, International Private Law, Arbitration, Alternative Dispute Resolution, The Right to a Fair Trial in Civil Proceedings, Access to Justice for Consumers.

  • Substitute Member of the European Commission for Democracy through Law (the Venice Commission) (2016-2020);
  • Since 2012: approximately five times per year appointed as a legal expert for judicial training courses organised by the European Judicial Training Network (programme financed by the Justice Programme of the EU).

c. Description of non-legal professional activities

Not applicable.

IV. Activities and experience in the field of human rights

  • Judicial activities: 20 years of work as an advisor to the Constitutional Court (see supra) (drafting judgments and preparing written reports, reporting in sessions of the “civil chamber”; mostly concerning constitutional complaints, more recently also reviews of constitutionality of laws).
  • Ad Hoc Judge, ECtHR (2016-2024).
  • Substitute Member of the European Commission for Democracy through Law; the Venice Commission (2016-2020).
  • Appointed as scientific expert by the Council of Europe to draft the Consultative Council of European Judges Opinion No. 20 of the on the role of the courts with respect to the uniform application of the law. The author of the draft Opinion and the corresponding study. The Opinion builds extensively on the case law of the EctHR.
  • Academic research and publications:

a Numerous scientific publications (at least 50 in Slovenian, English, German, Polish languages) in the field of human rights (integrating human rights aspects, the case law of the ECtHR and the Slovenian Constitutional Court in publications in the field of civil procedure, international private law, arbitration, ADR and consumer protection law (see infra);
b The only systematic and comprehensive monograph on the right to a fair trial in civil proceedings in Slovenian legal writing (Ustavno civilno procesno pravo); analysis of the right to access to a court, the right to an independent and impartial judge, the right to a trial within reasonable time, the right to be heard, the right to equality of arms, the right to appeal, the limits of review by the Constitutional Court, all based on analysing the case law of the ECtHR, the Slovenian and the German Constitutional Courts;
c Doctoral thesis (see supra); the first in-depth research in Slovenia specifically focusing on the right of access to court and the right to a fair trial in civil proceedings, which comprehensively analyses relevant case law of the EctHR and the Constitutional Courts of Germany and Slovenia; in its second part the dissertation focuses on the instrument of “constitutional complaint”, in particular trying to define the Constitutional Court’s limits of review of judgments of “ordinary courts”.

  • Teaching:

a Setting up the curriculum and teaching the course “Constitutional Guarantees in Civil Proceedings” (since 2023: “The Right to a Fair Trial in Civil Matters”) in the LL.M. programme of the University of Ljubljana, Faculty of Law;
b Incorporating topics relating to human rights in all taught courses at University of Ljubljana, Faculty of Law;
c Guest lecturer at foreign universities, e.g. “European Fundamental Rights in Civil Proceedings – the Relation Between the ECHR and the Charter of the Fundamental Rights of the EU, Örebro University, Sweden, 12 March 2013.

  • Judicial training: frequently engaged as lecturer in judicial training programmes (organised by the Judicial Training Centre), thereby frequently covering topics regarding Art. 6 ECHR and the relevant case law of the ECtHR and the Slovenian Constitutional Court; topics relating to human rights issues are also integrated in the training programmes within the ‘European Judicial Training Network’.
  • Expert work abroad: expert and consultative work concerning access to justice for consumers (Egypt, Montenegro, Kosovo) and the right to a fair trial in civil procedure (Jordan) and arbitration (Kyrgizstan).
  • During student years:

a Participation in a project, organised by Prof. Boštjan M. Zupančič on “Freedom of Association”, which resulted in publishing of a first comprehensive treatise on this topic in Slovenia (1989);
b Successfully accomplished two weeks’ course on International Humanitarian Law, organised by the International Committee of Red Cross, Warsaw (1992).

V. Public activities

a. Public office

Not applicable.

b. Elected posts

Not applicable.

c. Posts held in a political party or movement

Not applicable.

VI. Other activities

  • Legislative, 1997-2014: Member of numerous expert groups for drafting legislation (Slovenia: Civil procedure Act 1999, Mental Health Act, Enforcement of Judgements Act, Protection of Competition Act, Amendments of the Civil procedure Act 2002 and 2008 (main author of first drafts and explanatory memorandums), Labour and Social Courts Act, Arbitration Act 2008; Collective Claims Act 2017, Rules of the Ljubljana Arbitration Centre; Montenegro: Consumer Protection Act, Arbitration Rules of the Court of Arbitration attached to the Montenegrin Chamber of Economy);
  • Adjudication, 2005-2018: Practical experience in international commercial arbitration: Chairman (presiding arbitrator): 6 (1, ICC Court of Arbitration, 2 – Ljubljana Arbitration Centre, 1 – PCA – Croatian Chamber of Commerce, 1- Vienna International Arbitration Centre – VIAC), sole arbitrator: 1 (PCA-Croatian Chamber of Commerce, co-arbitrator 3 (1- ICC Court of Arbitration, 1- VIAC, 2 Ljubljana Arbitration Centre);
  • Judicial training, since 2013: A legal expert for the principal platform and promoter for the training and exchange of knowledge of the European judiciary – the European Judicial Training Network (EJTN), full time lecturing at approx. 5 one-week (less often three or two days) seminars per year for European judges (in the field of judicial co-operation in civil and commercial matters and judicial co-operation in family law matters; in (numerous venues multiple times), in co-operation with national judicial schools in Tartu (Estonia), Bucharest (Romania), Barcelona (Spain); Brussels (Belgium), Budapest (Hungary), Lublin (Poland), Sofia (Bulgaria), Vienna (Austria), Krakow (Poland), Kromeriž and Prague (Czech Republic), Naples (Italy), Riga (Latvia), Vilnius (Lithuania), Recklinghausen (Germany), Thessaloniki (Greece), Lisbon (Portugal), Zagreb (Croatia). By way of example, the list of engagements of Prof. Galič for EJTN activities in 2023 (similar lists would apply for the years between 2013 and 2022, as well as 2024):

a 21-22 February 2023: The Latvian Judges Training Centre (LJTC), Riga CI/2023/01 EJTN Civil law project European civil procedure; Lecture: European Order for Payment Procedure; Workshop No. 1: Case studies and practical examples concerning Brussels I Regulation (work in subgroups); Workshop No. 2: Work in sub-groups: European small claims procedure;
b 19-21 April 2023: Hungarian Academy of Justice, Budapest, Hungary, Legal language training in co-operation in family law; Wed.: 11.15-13.00: General introduction to judicial co-operation in Family law matters; Introduction to key terminology. Exercises; 14.30-16.00: Divorce-Jurisdiction, applicable law, recognition and enforcement; Thu.: 9.00-10.45: Parental responsibility-Jurisdiction, applicable law, recognition and enforcement; Presentation and discussion with legal expert; 14.30-15.45: Child abduction-Interface between the Brussels II regulation and The Hague Convention of 25th October 1980 Presentation and discussion with legal expert; Fri.: 9.00-10.45: Maintenance-Jurisdiction, applicable law, recognition and enforcement and jurisdiction, applicable law, recognition an enforcement on matrimonial property regimes and economic consequences of registered partnerships Presentation and discussion with legal expert; 14.00-14.45: Assignments Presentations within the groups;
c 6-10 March 2023: Escuela Judicial, Barcelona, Spain, Legal language training in co-operation in civil matters; Mon.: 11.15-13.00: Civil Judicial Co-operation in European Union. The E-justice portal, the Civil Judicial Atlas, the European Judicial Network – Civil and the Curia database’; 14.00-15.45: Regulation 2020/1783. Taking of evidence (recast) – presentation and practical exercises on judicial atlas by legal expert; Tue.: 9.00-10.45: Regulation 1215/2012 (Brussels I Recast). Jurisdiction in civil and commercial matters; Presentation and exercises with legal expert; 14.00-15.45: Regulation 1215/2012 (Brussels I Recast). Recognition and enforcement of judgments in civil and commercial matters. Presentation and exercises with legal expert; Wed.: 9.00-10.45: Regulation 2020/1784. Service of judicial and extrajudicial documents (recast); Presentation and discussion with legal expert; 14.00-14.45: Regulation 1896/2006. European Order for Payment procedure. Presentation with legal expert; Thu.: 9.00-10.45: Regulations 2019/1111 (Brussels II bis recast-Jurisdiction, recognition and enforcement in matrimonial matters and parental responsibility matters) and 4/2009 maintenance (Jurisdiction, recognition and enforcement). Presentation and discussion with legal expert (Part 1); 14.00-15.45: Regulations 2019/1111 (Brussels II bis recast-Jurisdiction, recognition and enforcement in matrimonial matters and parental responsibility matters) and 4/2009 maintenance (Jurisdiction, recognition and enforcement). Presentation and discussion with legal expert (Part 2); Fri: 9.00-13.00: Assignments Presentations within the groups;
d 8-12 May 2023: National School of Judiciary and Public Prosecution Lublin, Poland, Summer school: legal language training in co-operation in civil matters; Ponedeljek – petek; Enak program kot zgoraj (Barcelona, Escuela Judicial);
e 18-19 May 2023, Zagreb, Croatia: “CI/2023/07 Service of documents & taking of evidence abroad with a focus on digitalization”; Lecture No 1: “The EU Regulation on the Taking of Evidence; – Forms and Requirements – Direct Taking of Evidence by Requesting/by the Requested Court – CJEU Case Law”; Lecture No. 2: “Witnesses in other Member States Forms of witness (oral/in writing) – Summons and examination of witnesses – Videorecording. videoconference and “Skype” – The challenges posed by the Covid 19 pandemic”; Workshop: Preparing a case study on taking of evidence abroad;
f 14-16 June 2023, Budapest, Hungary: Hungarian Academy of Justice Themis 2023 Competition agenda semi-final C EU and European Civil Procedure; Member of the jury (the THEMIS Competition is open to judicial trainees from all EJTN Members or Observers);
g 3-7 July 2023: National School of Judiciary and Public Prosecution, Krakow, Poland, Legal training in co-operation in civil matters; Monday-Friday; Programme identical as above; in Barcelona, Escuela Judicial).

  • Expert and consultancy work, 2005-2023: legal expert in EU financed projects abroad:

a “Establishment of an independent, reliable and functioning judiciary and enhancing the judicial co-operation in the Western Balkans” 2005-2007 (8-10 December 2005, 22-24 January 2006, 29-31 May 2006, 28-30 June 2006, 25-28 September 2006, 20-22 March 2007): short-term legal expert, CARDS regional Judiciary project, funded by the European Union and co-financed by the Council of Europe, Project Reg. No.: 07/10-04/301, TIN 4030004522932, CLC –Centre of Legal Competence, Montenegro, F.Y.R. of Macedonia, Albania, Serbia, Croatia;
b “Genderorientierte Implementierung Alternativer Streitbeilegungsinstrumente (ADR)” (20-22 November 2014, 5-6 December 2014): professional services (preparing draft Arbitration Rules of Montenegro Arbitration Centre); EU sponsored project, GIZ, GmbH, Project Processing No. 12.2467.4-001.00, Podgorica, Montenegro;
c “Economic Development and Employment Promotion in Montenegro” 2010-2011 (4-10 October 2010, 13-17 December 2010, 7-11 February 2011, 9-13 May 2011, 18-22 July 2011): short-term expert; ADR for consumer disputes, drafting of by-laws, AIM – Accession to Internal Market component (PN 06.2124.3-003.00) 06.2124.3-003.00, GIZ, Podgorica, Montenegro;
d “ZAP of Serbia; Public Administration Reform/European Integration/Consumer Protection” 2008-2009 (8-15 September 2008, 15-19 September 2009): short-term legal expert, writing the chapter on ADR in the Serbian Draft Consumer protection Act, PN:06SER01/09/002, GTZ, Eurecna, Belgrade, Serbia;
e “EU approximation in trade and single market policies, Republic of Montenegro” 2008-2009 (13-18 April 2008, 26-31 August 2008, 5-10 December 2008, 3-8 March 2009): short-term egal expert; ADR for consumer disputes, drafting of by-laws, TRIM_MNE (PN:TRIM_MNE, 06MON01 06 006), Eurecna, Podgorica, Montenegro;
f “Reinforcement of the Consumer Protection Framework in Egypt and Upgrading the Capacity of the Consumer Protection Agency” 2013 (6-13 April 2013, 8-15 November 2013, 7-18 January 2013): short-term legal expert, PN: EG10/ENP-AP/HE/15 – ConsumerProtection Agency; B.&S.U. Beratungs- und Service-Gesellschaft Umwelt mbH, Cairo, Egypt;
g “Technical Assistance for Allignment and Implementation of the EU Internal Market acquis” –EuropeAid/137978/IH/SER/ME (consumer protection: collective redress and ADR), 31 May 2019 – 25 November 2020 (23 working days), Independent expert, IBF International Consulting SA, Brussels, Belgium, Podgorica, Črna Gora;
h “Support to Free Movememt of Goods” (consumer protection, ADR, collective redress), Service Contract no. 2017/393-799, November-December 2019, funded by European Commission, izvajalec IBF Consulting, Priština, Kosovo;
i “Technical assistance to the Modernisation of the Infrastructure and Procedures of the Civil and Commercial Justice in Jordan (CJO 1073 03 / AMM-2020-132)” Training on Evidence in Civil and Commercial Matters – delivery of Training and Curricula, 11-17 October 2021, Expertise France, Funded by European Commission, Amman, Jordan;
j “The Rule of Law Programme in the Kyrgyz Republic - 2nd phase (ROLPRO 2)”, Expertise France, funded by European Commission, 24 September - 2 October 2022, Bishkek, Kyrgyzstan.

  • Advisory, 2009-2021: Member of the National Board for Alternative Dispute Resolution (Slovenia);
  • Adjudication, since 2006: Member of the Presidency of the Ljubljana Arbitration Centre (also known as The Permanent Court of Arbitration Attached to the Slovenian Chamber of Commerce and Industry);
  • Adjudication, since 2022: President of the Ljubljana Arbitration Centre;
  • Academic, 2007-2009: Head of the Department for Civil Law, Faculty of Law in Ljubljana;
  • Academic, 1-28 February 2008: Guest professor, Uppsala University, Sweden;
  • Academic, 1-30 April 2009: Guest professor, University of Zurich, Switzerland;
  • Academic, 1-30 December 2009: University of Podgorica, Montenegro, December 2009;
  • Academic, 20 April – 5 May 2015: Guest professor, University of Vienna, Austria;
  • Academic, 5-12 February 2014: Guest professor, University of Tartu, Estonia;
  • Academic, 5-12 May 2018: Guest professor, University of Vilnius, Lithuania;
  • Academic, 20-27 December 2017: Guest professor, Arctic University Tromso, Norway;
  • Academic, 20 April – 5 May 2017: Guest professor, University of Vienna, Austria;
  • Academic, since 2005: Member of the International Association of Procedural Law;
  • Academic, 2008-2012: Member of the International Law Association committee on public interest litigation;
  • Adjudication, 2015-2018: Four appointments by Austrian courts as court-appointed expert for Slovenian Law (e.g. Beschluss des Landesgerichts für Zivilrechtssachen Wien 59 Cg 68/15a);
  • Academic, May 2024 – ongoing: guest professor, Peter Pazmany Catholic University, Budapest, Hungary.

VII. Publications and other works

Total number of published works approximately 350.

In addition to works in Slovenian language, publications in English (approximately 60), German (13), Serbian (9), Croatian (10), Montenegrin (3) language, in translation also in Russian (3), Polish (2), French (1), Italian (1) and Hungarian (1).

My works have been often and extensively cited in judgments of the Supreme Court and the Constitutional Court of Slovenia, as well as in the judgments of first instance and appellate courts.

Complete bibliography available at: https://bib.cobiss.net/biblioweb/search/si/eng/conor

Most important titles in the relevant field:

a. In Slovenian

  • Galič A., Ustavno civilno procesno pravo: ustavna procesna jamstva, ustavna pritožba – meje preizkusa in postopek. [Constitutional Civil Procedure: Constitutional Procedural Guarantees and the Constitutional Complaint – Scope of the Review and the Procedure] 1st edn, Ljubljana: GV založba, 2004. Page count: 564. ISBN 86-7061-357-3.
  • Galič A., in: Šturm, Lovro (Ed.). Komentar Ustave Republike Slovenije, komentar člena 23 (pravica do sodnega varstva) ter 22. Člena (pravica do enakega varstva pravic). [Commentary of the Constitution of the Republic of Slovenia; Article 22 (fair trial guarantees), Article 23 (right of access to court)], Fakulteta za državne in evropske študije, Kranj, 2011, pp. 274-325 and 337-385.
  • Galič A., Pravica do izjavljanja in pravica do enakega obravnavanja v novejši praksi Evropskega sodišča za človekove pravice [The Right to be Heard and the Fair Trial Guarantees in Recent Case Law of the ECtHR]. Pravosodni bilten, ISSN 1318-1459, 2014, Year 35, Vol. 1, pp. 77-93.

b. In English

  • GALIČ, Aleš. The Inconsistency of Case Law and the Right to Fair Trial. V: Uzelac (ed.), Rhee, C. H. van (ur.). Revisiting procedural human rights: fundamentals of civil procedure and the changing face of civil justice, (Ius commune europaeum, 157). Cambridge: Intersentia. cop. 2017, pp. 17-51.
  • Galič A., The Aversion to Judicial Discretion in Civil Procedure in Post-Communist Countries: Can the Influence of EU Law Change it?, In Bobek M. (Ed.), Central European Judges Under the European Influence, The Transformative Power of the EU Revisited, Hart Publishing, Oxford, 2015, pp. 99-124.
  • Galič A., Civil Procedure in Slovenia, Monograph, International encyclopaedia of laws, Civil Procedure, suppl. 49). [The Hague]: Kluwer Law International, 2019; 2nd Ed., page count: 242.
  • Galič A., From Kudla to Lukenda: Legal Remedies Against Undue Delay in Civil Proceedings in Slovenia., in: Gudowski, Jacek (ur.), Weitz, Karol (ur.). Aurea praxis aurea theoria: księga pamiątkowa ku czci profesora Tadeusza Erecińskiego. Tom 1. Warszawa: LexisNexis, 2011, pp. 1453-1476. ISBN 978-83-7620-685-1.
  • Galič A., Does a Decision of the Supreme Court Denying Leave to Appeal Need to Contain Reasons?, in: Burkhard Hess, Stephan Kolmann, Jens Adolphsen, Ulrich Haas (Ur.), Festschrift für Peter Gottwald zum 70. Geburtstag, Beck, München, 2014, pp. 159-174, ISBN 978-3-406-65744-3.
  • Galič A., Disclosure of Documents in Civil Procedure: the Privilege Against Self-Incrimination or a Quest for Procedural Fairness and Substantive Justice, in: Van Rhee C.H., Uzelac A., Evidence in Contemporary Civil Procedure, Series: Ius Commune Europaeum, Intersentia, Antwerpen, 2015, pp. 33-56.
  • Galič A., Open Issues Concerning the Non-Mandatory Character of the Cross-Border Taking of Evidence Regulation, ERA Forum (Journal of the Academy of European Law), Vol. 18, No. 2, 2017, pp. 213-228. 66)
  • Galič A., A Civil Law Perspective on the Supreme Court and its Functions. V: The functions of the Supreme Court: issues of process and administration of justice. Warszawa: Wydawnictwa Uniwersytetu Warszawskiego, cop. 2019. pp. 44-86. Studia Iuridica, 81.

VIII. Languages

Language

Reading

Writing

Speaking

Very good

Good

Fair

Very good

Good

Fair

Very good

Good

Fair

a. First Language: Slovenian

X

   

X

   

X

   

b. Official Languages:

                 

English

X

   

X

   

X

   

French

   

X

   

X

   

X

c. Other Languages:

                 

German

X

   

X

   

X

   

Croatian

X

   

X

   

X

   

Serbian

X

   

X

   

X

   

Italian

 

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

I confirm (French).

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.

Appendix 2 - Curriculum vitae of Vasilka SANCIN

I. Personal details

Surname, first name: SANCIN, Vasilka

Sex: female

Date and place of birth: 22 March 1979, Ljubljana

Nationality: Slovenian

II. Education and academic and other qualifications

a. Education

  • 2007: PhD in International Law (University of Ljubljana, Faculty of Law);
  • 2003: Proficiency Exam for Civil Servants (Administration Academy, Ljubljana);
  • 2002: Bachelor of Law (University of Ljubljana, Faculty of Law).

b. Additional professional training

Selected examples:

  • Global Raphael Lemkin Seminar for Genocide Prevention, The Auschwitz Institute for Peace and Reconciliation, Auschwitz-Birkenau, Poland, November 6-13 2016;
  • Advanced Seminar in International Humanitarian Law for University Lecturers, October 2015, ICRC,Geneva, Switzerland;
  • International Law Seminar, Office of the United Nations at Geneva, 9-27 July 2007, Geneva, Switzerland;
  • The Hague Academy of the International Law, July-August 2004, Den Haag, Netherlands.

c. Academic qualifications

Full (tenured) Professor of International Law: since 2021

III. Relevant professional activities

a. Description of judicial activities

  • 2019-2022: a member of the United Nations Human Rights Committee (2021-2022 a Vice-Chair) – I participated in drafting and adopting decisions (views and separate opinions) in the proceedings of individual communications addressed to the Committee – at times the cases were the same as those submitted to the European Court of Human Rights (ECtHR). The Committee also extensively refers to the jurisprudence of the European Court of Human Rights. This experience with quasi-judicial activity equipped me with transferable knowledge and skills important for the judicial work at the ECtHR. When, in order to speed up decision-making, the work of the Working Group on Individual Communication was organised in three language sub-groups (English, French and Spanish), I participated in both English and French sub-working groups;
  • Since 2022: ad hoc judge at the European Court of Human Rights (having served in this capacity in a case Bavčar v. Slovenia (application no. 17053/20);
  • 2019-2025: arbitrator and a member of the Bureau of the Court for Conciliation and Arbitration, OSCE; Geneva, Switzerland;
  • Since 2022: selected by the EU as a candidate suitable for Appointment as Arbitrators for dispute settlement under trade agreements to which EU is a party;
  • In 2005: as an intern in the Legal Department of the International Court of Justice, drafting parts of judgments for the Court.

b. Description of non-judicial legal activities

University activities:

  • Since 2003: a full time Professor of the Faculty of Law, University of Ljubljana, where I teach courses and conduct research in the field of international law, including international human rights law, at the Department of International Law. I am an established scholar, among others, having supervised numerous Master and PhD thesis, addressing also the work and jurisprudence of the ECtHR – in addition to supervising theses at my home university, I serve as supervisor abroad (e.g. Vienna, Athens) and member of commissions for PhD studies (e.g. Scuola Superiore Sant'Anna; University of the Witwatersrand, Johannesburg; Faculty of Law, University of Rijeka, Croatia); project leader or a member of national research projects in the field of human rights – e.g.:

1 J5-50168 (Re)Conceptualisation of the Legal Paradigm on Climate Change: Developing New Legal Normality to Achieve Sustainable Practices (2023-2026);
2 J5-3107 Development and use of artificial intelligence in the light of negative and positive obligations of a State to ensure the right to life (2021-2024);
3 J7-1821 Legal and economic analysis of regulatory changes as a consequence of ageing of population (2019-2022);
4 V5-1921 Structural discrimination as the obstacle in achieving the goal of life in dignity for all (2019-2021);
5 V5-1920 Barriers for decent life of members of Roma settlements in the areas defined in the EU Framework for National Roma Integration Strategies up to 2020 (2019-2021);
6 V5-1632 The National Assembly's Autonomy in All Aspects of Its Manifestations (2016-2018);
7 Legal Challenges of Information Society (since 2012);
8 and international projects, e.g. COST Action: CA18228: Global Atrocity Justice Constellations.

  • 2018: Visiting Professor at the UCLA School of Law, Los Angeles, USA (responsible for the course on the Law of the Sea and contributing to the activities of the human rights Promise Institute);
  • Since 2021: University of Vienna, Faculty of Law, Vienna, Austria (Professor responsible for the course on the UN Human Rights Systems and Mechanisms within the Master Program Human rights) and Master thesis supervisor;
  • 2024 (January-February): Visiting Professor at the Flinders University, Adelaide, Australia (working on the issues of international migration and international law);
  • Visiting professor/Guest lecturer/Researcher at foreign universities (e.g. University of Johannesburg, South Africa – 2010, 2012, 2014, University of Seville, Spain, 2010, University of Istanbul, Türkiye, 2010, University of Marmara, Istanbul, Türkiye, 2012, University of Belgrade, Serbia, 2008 –, University College Victory in Prishtina, Kosovo, 2011, University of Lisbon, Portugal, 2013, University of Akita and University of Kyoto, Japan, 2013, University of Augsburg, Germany, 2013, University of Vienna, Austria, 2013, University of Cyprus, Nicosia, Cyprus, 2014, University of Iceland, 2014, University of Montenegro 2015 and 2018, George Washington University, Washington D.C., 2016, Sungyunkwan University, Seoul, South Korea, 2016, East China University of Politics and Law, Shanghai, China, 2016, University of Itauna, University of Belo Horizonte, Brazil, 2016; University of Catania, Italy, 2017; UCLA School of Law, Los Angeles, USA, 2018; KU Leuven, Belgium, 2018; Freie Universitaet, Berlin, Germany, 2019; William & Mary Law School, Virgina, USA 2021; Houston University Law Centre, USA 2022; Pompeu Fabra University, Spain; University of Liverpool, School of Law, Liverpool, UK, 2023; University of Zambia, Lusaka, Zambia, 2023); lecturer at conferences, seminars, courses, symposia in Slovenia and abroad;
  • Lecturer and a member of the organising team at the Straniak Academy for Democracy and Human Rights 2013, 2014, 2015, 2016, 2018, 2019 and 2023;
  • Though a series of lectures at the Liverpool Summer School on the Law of the Council of Europe; The Council of Europe: Resilience in Troubling Times (3-14 July 2023); and a general Course at the Summer session of the European Academy of Public Law titled “Current Challenges of Human Rights Law” (August-September 2023);
  • I also serve as a member of an editorial board of a number of legal journals and regularly serve as a reviewer, including for The European Convention on Human Rights Law Review.

Expert legal activities:

  • 2022-2025: UN Human Rights Council Advisory Committee (member of the Bureau as the Rapporteur in 2023 and as the Vice-Chair in 2024); member of working groups: Impact of new technologies intended for climate protection; Advancement of racial justice and equality; Neurotechnology and human rights; Human rights implications of new and emerging technologies in the military domain;
  • 2017-2029 (two terms): Organization for Security and Co-operation in Europe (OSCE) – expert of the OSCE Moscow mechanism on Human Rights (one of three experts who prepared the Report of the OSCE Moscow Mechanism’s mission of experts entitled ‘Report on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine (1 April – 25 June 2022));
  • 2021-2022: Council of Europe (CoE) Working Group on the Environment and Criminal Law (CDPCEC), member;
  • Since 2024: member of the Advisory Board of the CoE Open Council of Europe Academic Networks (OCEAN);
  • Since 2015: United Nations Office on Drugs and Crime (UNODC); Vienna, Austria – member of the UNODC Anti-Corruption Academic (ACAD) Initiative;
  • Since 2003: expert consultant for the Ministry of Foreign Affairs of the Republic of Slovenia on issues of international law (also lecturer and examiner for the course International and European Union Law for the DIPLOMATIC EXAM); 10/2002 – 10/2003 – Junior Officer at the International Law Department of the Ministry of Foreign Affairs of the Republic of Slovenia; a legal counsel for Slovenia for the advisory proceedings before the International Court of Justice (e.g. Obligations of States in Respect of Climate Change; Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem);
  • Since 2020: Human Rights Ombudsman (Slovenia), expert member of the Human Rights Council;
  • 2005-2023: member of the National Inter-Ministerial Commission for Human Rights;
  • Since 2002: member of the National Inter-Ministerial Committee for the implementation and dissemination of International Humanitarian Law and Permanent coordination group for implementation of IHL;
  • Since 2006: International Law Association (ILA) – member of the ILA Executive Council (President of the Slovene Branch); Since 2021 – Co-Chair of the International Migration and International Law Committee; 2006-2022 – member of the Committee on Nuclear weapons, non–proliferation & contemporary international law;
  • Since 2021: member of the Scientific Advisory Board of the Ludwig Boltzmann Institute for Fundamental and Human Rights (LBI-GMR);
  • 2006: intern at the Department of Legal Matters of the International Court of Justice;
  • 2003: national organ for Slovenia for the Hague Conference on Private International Law;
  • National Correspondent (Slovenia) for a number of EU funded studies (e.g. Study to support the preparation of an impact assessment on a potential EU policy initiative on the coordination and co-operation measures to facilitate the exercise of the EU citizens’ right to consular protection Client: Directorate-General for Justice and Consumers of the European Commission (February-August 2021) Contract reference: Specific Contract JUST/2020/COMM/FW/EQUA/0108 under Framework Contracts JUST/2020/PR/03/0001);
  • Member of International Professional Associations:

1 ILA – International Law Association (member of the Executive Council and President of the Slovenian Branch);
2 European Society of International Law (ESIL) – lifetime member;
3 AAA – Association of Attenders and Alumni of The Hague Academy of International Law;
4 European Law Institute (ELI);
5 Vienna Forum for Democracy and Human Rights;
6 International Union for Conservation of Nature (IUCN);
7 European Women Lawyers Association (EWLA) Slovenia.

c. Description of non-legal professional activities

Please find below a short-list of managerial/leadership positions:

  • University of Ljubljana, Headquarters, Ljubljana, Slovenia: President of the Programme Council of the Interdisciplinary Doctoral Programme in Environmental Protection (since 2022); member since 2014; Legal Expert Negotiator on behalf of the University of the Statute of the Association of EUTOPIA (alliance of 10 like-minded European universities); Member of the University Commission for Quality Assurance (2018-2022); Expert Assessor of study programs of the Faculty of Social Sciences in the fields of International Relations, European studies and Political Science for national accreditation;
  • University of Ljubljana, Faculty of Law, Ljubljana, Slovenia: Vice – Dean for Quality Assurance (2014-2018); President of the Quality Assurance Commission (2014-2018); Head of the Department of International Law (since 2015); Director of the Institute for International Law and International Relations (since 2013);
  • Vice-President of the Slovenian Red Cross (since 2023);
  • Center for International and Business Law, Ljubljana, Slovenia: Director (January 2009-2021);
  • United Nations Association of Slovenia, Ljubljana, Slovenia – Vice – President (2005-2008);

Centre for Civil and Political Rights (CCPR Centre), Geneva, Switzerland:

  • in an expert capacity conducted field missions to “follow-up” on recommendations by the UN Human Rights Committee (e.g. Kazakhstan in 2019; Nicaragua/Costa Rica in 2022; Zambia in 2023);
  • on-line consultations (e.g. for Guatemala, Eswatini);
  • workshop on capacity building for civil society organisations in Ljubljana 2023.

Foundation PARUS, member of the 3–member Commission for selection of candidates for study grants for postgraduate studies abroad, 2016 – present.

The Dutch Research Council (NWO) – a committee member for the Law and public administration in the SSH Open Competition M (SSH OC M 2022) round.

IV. Activities and experience in the field of human rights

Most of the activities described under sections II and IV above should be considered also in this section, but I wish to particularly emphasize the following categories of activities:

  • Member of the United Nations Human Rights Committee (2019-2022) and its Vice-Chair (2012-2022);
  • Member of the UN Human Rights Council Advisory Committee (ongoing) and its Rapporteur (2023) and Vice-Chair (2024);
  • Since 2022: ad hoc judge at the ECtHR (having served in this capacity in a case – not yet public – in June 2023);
  • Since 2020: Human Rights Ombudsman (Slovenia), member of the Human Rights Council;
  • Professor of public International Law, including international human rights law (teaching, researching, supervision of theses) and chief organiser and Chair of international conferences in the field of international human rights law;
  • Academic supervisor of teams participating in moot court competitions in the field of international human rights law (building, amongst other, on personal experience as a student team member that won the regional European moot court competition on ECHR in 2002);
  • Author of publications in the field of international human rights law;
  • Member of the National Inter-Ministerial Commission for Human Rights (2005-2023).

V. Public activities

a. Public office

Not applicable.

b. Elected posts

  • 2022-2025: UN Human Rights Council Advisory Committee (member of the Bureau as the Rapporteur);
  • 2019-2022: Member of the United Nations Human Rights Committee;
  • 2019-2025: Arbitrator and a member of the Bureau of the Court for Conciliation and Arbitration, OSCE; Geneva, Switzerland: 6-year term;
  • Since 2023: Vice-President of the Slovenian Red Cross.

c. Posts held in a political party or movement

Not applicable.

VI. Other activities

Please see sections III, IV and V above.

VII. Publications and other works

I have published numerous books, articles, studies etc. Full list (including all the supervised theses and lectures at conferences etc. at the moment shows 1056 works) is available at: https://cris.cobiss.net/ecris/si/en/researcher/17772

These are some selected (recent) important works in the field of human rights law:

  • SANCIN, Vasilka. The ECHR and the ICCPR: a human rights-based approach to the protection of the environment and the climate system. European convention on human rights law review, 2024, vol. 5, pp. 1-8. ISSN 2666-3236. https://brill.com/view/journals/eclr/aop/article-10.1163-26663236-bja10097/article-10.1163-26663236-bja10097.xml, DOI:10.1163/26663236 bja10097.
  • SANCIN, Vasilka. UN Security Council membership as a litmus test for Slovenia’s commitment to R2P. Nordic journal of human rights. 2024, pp. 1-17. ISSN 1891-814X. https://www.tandfonline.com/doi/epdf/10.1080/18918131.2024.2313906?needAccess=true, DOI: 10.1080/18918131.2024.2313906.
  • SANCIN, Vasilka, KOVIČ DINE, Maša. Strukturna diskriminacija v mednarodnem pravu in pravu Evropske unije (Structural discrimination and international and EU law), in: ŠUMI, Irena, UREK, Mojca (eds.). Od dehumanizacije do diskriminacije: vztrajne socialne problematike v Sloveniji. Ljubljana University Press, 2024, pp. 37-115. ISBN 978-961-297-293-6.
  • SANCIN, Vasilka. The role and impact of the OSCE Moscow mechanism reports following the Russian invasion of Ukraine. International and Comparative Law Review. 2023, vol. 23, iss. 1, pp. 210-227. ISSN 2464-6601. https://sciendo.com/article/10.2478/iclr-2023-0009, DOI: 10.2478/iclr-2023-0009.
  • SANCIN, Vasilka. The intensification of international efforts towards strengthening of human rights of older persons in response to covid-19 pandemic. In: DUGAR, Gregor (ed.), BERK SKOK, Aleš. Reforma institutov prava varstva starejših. Ljubljana: Pravna fakulteta Univerze v Ljubljani, Založba Pravne fakultete, 2023, pp. 44-56, 325, 347. ISBN 978-961-7162-10-3.
  • SANCIN, Vasilka, JUHART, Miha. The right to safe drinking water in international law and in Slovenia’s legal framework and implementation. Journal of agricultural and environmental law. 2023, vol. 18, no. 34, pp. 106-124. ISSN 1788-6171.
  • SANCIN, Vasilka. Responsabilidade de proteger, in: VICENTE, Dário Moura (ed.), et al. Enciclopédia luso-brasileira de direito internacional. 1.a ed. Alfragide: Dom Quixote, 2023. pp. 1025-1028. ISBN 978-972-20-7651-7, ISBN 972-20-7651-5.
  • SANCIN, Vasilka. General comments and recommendations, in: BINDER, Christina (ed.), et al. Elgar encyclopedia of human rights. Cheltenham (UK); Northampton (MA): E. Elgar, cop. 2022. Vol. 2, pp. 311-321. ISBN 978-1-78990-362-1, ISBN 978-1-78990-361-4.
  • SANCIN, Vasilka, HRVATIČ, Sergeja, KEVORKIJAN, Lena, KORENJAK LALOVIČ, Eva. Covid-19 travel certificates: balancing the freedom of movement and protection of public health. Studia iuridica Cassoviensia. 2022, vol. 10, no. 1, pp. 114-132. ISSN 1339-3995.
  • SANCIN, Vasilka. The contributions of UN human rights treaty-bodies to realization of "Green ambitions and sustainable development", in: KLUČKA, Ján (ed.), BAKOŠOVÁ, Lucia (ed.). Green ambitions for sustainable development: past, present and futur: collection of scientific papers. 1st ed. Praha: Leges, 2022, pp. 43-57. ISBN 978-80-7502-635-4.
  • SANCIN, Vasilka. Functioning of the UN Human Rights Committee (CCPR) in the 21st Century. In: DIMITRIJEVIĆ, Duško (ed.), MILESKI, Toni (ed.). International Organizations: Serbia and Contemporary World. Vol. 1. Belgrade: Institute of International Politics and Economics; Skopje: Faculty of Philosophy of the University of St. Cyril and Methodius, 2022. pp. 298-312. ISBN 978-86-7067-304-5, ISBN 978-86-7067-305-2. [COBISS.SI-ID 131641091].
  • SANCIN, Vasilka, KRAJNC, Marko. The elusive notion of "peoples" in the context of post-colonial selfdetermination claims: the case of Nagorno-Karabakh. La Comunità internazionale. 2021, vol. 76, n. 3, pp. 493-519. ISSN 0010-5066.
  • SANCIN, Vasilka, KOVIČ DINE, Maša, TURŠIČ, Domen. (Ne)primernost uporabe kriterija avtohtonosti za urejanje položaja Romov v Sloveniji ((In)Appropriateness of the Criterium of Autochthony in the Regulation on the Status of Roma in Slovenia). Razprave in gradivo: revija za narodnostna vprašanja, 2021, no. 87, pp. 47-68. ISSN 0354-0286.
  • LORENZMEIER, Stefan, SANCIN, Vasilka (eds.). Contemporary issues of human rights protection in international and national settings. 1. Aufl. Baden-Baden: Nomos; [Oxford]: Hart, 2018. ISBN 978-3-8487-2128-3, ISBN 978-1-5099-2175-1.

VIII. Languages

Language

Reading

Writing

Speaking

Very good

Good

Fair

Very good

Good

Fair

Very good

Good

Fair

a. First Language: Slovenian

X

   

X

   

X

   

b. Official Languages:

                 

English

X

   

X

   

X

   

French

X

     

X

   

X

 

c. Other Languages:

                 

Croatian/ Serbian/ Bosnian/ Montenegrin

X

     

X

 

X

   

Italian

 

X

     

X

 

X

 

German

 

X

     

X

   

X

Spanish

   

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

Although, I consider to meet the required level of proficiency in French, I would always be delighted to further improve the knowledge through additional classes.

X. Other relevant information

I had received several awards, for example, for the most influential lawyer in Slovenia; the lawyer of the year: the most successful researcher of the Faculty of Law of the University of Ljubljana.

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court

I confirm I will take up permanent residence in Strasbourg if elected a judge on the Court.

Appendix 3 - Curriculum vitae of Boštjan ZALAR

I. Personal details

Surname, first name: ZALAR, Boštjan

Sex: male

Date and place of birth: 19 August 1965, Ljubljana

Nationality: Slovene

II. Education and academic and other qualifications

  • 1990: a bachelor’s degree from the Chair of the International Law, Faculty of Law, University of Ljubljana;
  • 1994: master degree: Sociology of Management, Faculty of Social Sciences, University of Ljubljana;
  • 1 January - 31 March 1997: visiteur d'études, European Commission of Human Rights, Strasbourg;
  • 1998: PhD dissertation entitled “The Evaluation of Privatisation Reforms in Slovenia from the Standpoint of Human Rights Law”, Faculty of Social Sciences, University of Ljubljana;
  • 1994-2004: researcher at the Institute of Social Sciences (Faculty of Social Sciences, University of Ljubljana) in the field of human rights;
  • 1999-2007: Assistant Professor, Faculty of Social Sciences, University of Ljubljana;
  • 2007 - October 2023: Professor, Faculty of Social Sciences, University of Ljubljana (process of re-election in 2024);
  • 1999-2004: Senior Expert Associate, Administrative Court of the Republic of Slovenia;
  • Since 2004: High Court Judge at the Administrative Court of the Republic of Slovenia (Senior High Court Judge since July 2010);
  • Since 2010: ad hoc judge of the ECtHR (Vaskrsic v Slovenia; Lekić v Slovenia – Grand Chamber; S.S. v Slovenia);
  • Since2018: President of the European Chapter of the International Association of Refugee and Migration Judges;
  • Since 2019: member of the Pool of Experts in the Field of Legal Migration established by the EU Commission;
  • Since 2022: member of the FRA's (Fundamental Rights Agency of the EU) Network of National Experts on the Use of the Charter of Fundamental Rights of the EU;
  • Since 2023: Co-Chair (together with Prof. Maria-Teresa Gil Bazo, University of Navarra, Spain) of the Special Interest Group (SiG) on “Fundamental Rights” at the European Law Institute (Vienna).

III. Relevant professional activities

a. Description of judicial activities

From the start of my career as an elected judge in 2004, I was assigned to the section of the Administrative Court of the Republic of Slovenia that deals with specific disputes on fundamental rights. Thus, I gained experience in adjudication in fields such as: asylum; return of illegally staying third-country nationals; resident and work permits; rights of a child; family reunification; administrative detention; protection of personal data; right to access to public information; right to free legal aid; judicial control of the administrative decisions of the Commission for the Prevention of Corruption; judicial control of the administrative decisions of the Advocate of the Principle of Equality; local elections; extradition; access to education; concessions in health care; environmental law; decisions concerning careers of public officials, including prosecutors and judges. My section of the Administrative Court is also specialised in providing effective judicial protection in cases of individual (material) actions of public (or private) law authorities that interfere in the fundamental rights of individuals provided that the applicant has no other access to judicial protection (before civil or labour courts). In the whole period from 2004 until 2023, I mainly adjudicated in a panel of three judges. In the period from 1999 until 2024 as being a Senior Expert Associate (1994-2004) and later as a judge rapporteur I wrote around 2600 judgments/decisions, which means around 8 judgments (this includes decisions on interim measures) per each month in a year (with the exclusion of 2 x 6 months, when I took parental leaves for both my children). In addition, I was a member of the panel of three judges in around 4760 other cases; in some of those cases, I was a presiding judge. At the Administrative Court of the Republic of Slovenia, judgments/decisions are written by judge rapporteur and reviewed and signed by the presiding judge of the panel.

In addition, the following “judicial activities” could be relevant for this application:

  • In 2006, I was appointed (until 2011) by the Management Board of the AEAJ as a Co-chair (together with the Judge of the High Administrative Court in Austria, Peter Nedwed) of the Working Party on “Asylum and Immigration” of the Association of European Administrative Judges (AEAJ);
  • In 2007 (until 2020/2021), I was appointed by the President of the Administrative Court to act as the Head of the Office for European Law at the Administrative Court of the Republic of Slovenia;
  • Since 2013, I am a representative of the Slovenian judiciary in the Network of Courts and Tribunals at the EU Agency for Asylum (EUAA) appointed by the President of the Supreme Court and by the President of the Administrative Court;
  • Since 2017, I am a member of the Selection Committee for the establishment of the EASO's/EUAA's Trainers Pool for Judges (under the mandate of Article 8 of the EUAA Regulation) appointed by the EUAA;
  • Since 2018, I am elected President of the European Chapter of the International Association of Refugee and Migration Judges (IARMJ-Europe), which has around 300 members (individual judges) and it is part of the global IARMJ (together with American, African and Asia-Pacific Chapters);
  • Since 2021, I am elected member of the Council for Judicial Ethics, Slovenian Association of Judges;
  • From 2009 onwards, I provide mentorship to judicial trainees in Slovenia;
  • In 2024, I was appointed by the President of the Administrative Court to act as the Head of the Office for Monitoring Case Law and for Contentious Legal issues in Administrative Disputes;
  • I am on the list of trainers for judges (and lawyers) of the institutions and networks, such as: European Judicial Training Network (EJTN), EU Fundamental Rights Agency (FRA), Academy of European Law (ERA, Trier), European Union Agency for Asylum (EUAA), UNHCR, TAIEX (Commission of the European Union), Association of European Administrative Judges (AEAJ), International Association of Refugee and Migration Judges (IARMJ) and of some national judicial training centres/schools, for example from: Czech Republic, Greece, Italy, Hungary, Croatia, Cyprus, Ukraine, Russia, Belarus, Bulgaria, North Macedonia, Montenegro, BiH, Serbia, Slovenia. In this respect, in the last 23 years, I had 142 invited presentations for judges (and lawyers) in around 33 (mostly European) countries and 48 invited presentations for judges and lawyers in Slovenia;
  • Among numerous judicial activities related to organisation and conceptualisation of international judicial conferences/seminars/meetings exclusively for judges, I would point out that together with my retired British colleague Hugo Storey we are the “founding fathers” of the idea and practice of having regular biennial tripartite meetings between ECtHR, CJEU and IARMJ-Europe in Strasbourg or in Luxembourg. Thus, from 2012 onwards we organise those meetings that aim to promote judicial dialogue between CJEU, ECtHR and national courts. These meetings are in the actual time organisationally and financially strongly supported by the EUAA. The next tripartite meeting will be held at the premises of the ECtHR in Strasbourg in 2025.

b. Description of non-judicial legal activities

  • As a professor at the University of Ljubljana (1999-October 2023), I have pedagogical experience at the Faculty of Social Sciences (UL), Faculty of Law (UL), Faculty of Law (University of Maribor), Faculty for Post-Graduate Government and European Studies (Brdopri Kranju) on the subjects of “Theory and Practice of the Welfare State” and “Migration and Asylum Law” (Jean Monnet Module);
  • Since 2002, I am a mentor to students and an invited lecturer at the Legal Clinics on Asylum Law and Migration based on the agreement between Faculty of Law (UL) and the Administrative Court;
  • Since April 2022, I am a Fellow at the McLaughlin College, York University, Toronto;
  • I was editor of the book “Five Challenges for European Courts: the Experiences of German and Slovenian Courts” (2004) published by the Supreme Court of the Republic of Slovenia and co-editor of special issues of periodical journals published by the Faculty of Social Sciences (UL) and Faculty for Post-Graduate Government and European Studies;
  • I conduct peer reviews of articles submitted to scientific journals such as: International Journal of Refugee Law (Oxford University Press), Journal of the Institute of Social Sciences (Zagreb), “Zbornik znanstvenih razprav” (Ljubljana Law Review, Faculty of Law, UL);
  • I am a member of the Editorial Boards: Diritto, Immigrazione e Cittadinanza; Newsletter on European Asylum Issues for Judges (NEAIS) and Newsletter on European Migration issues for Judges (NEMIS), Radboud University, Centre for Migration Law, Nijmegen, Netherlands;
  • See also point II of this Model CV, where I mention my membership of the Pool of Experts inthe Field of Legal Migration (EU Commission), my memebrship of the FRA's Network of National Experts on the Use of the Charter of Fundamental Rights of the EU and my role as a co-chair of the SiG on Fundamental Righs of the ELI;
  • My published works are systematised in personal bibliography 1995-2024, where there are 264 bibliographical units (works under points 162, 165, 179 and 240 are not mine and are included by mistake) on various aspects of human rights (law). Out of those 264 bibliographical units, there are 212 published scientific or professional articles, chapters in books, studies (see: https://bib.cobiss.net/bibliographies/si/webBiblio/bib201_20240509_113732_a4196451.html).

c. Description of non-legal professional activities

I do not hold posts in non-legal professional activities.

IV. Activities and experience in the fields of human rights

In fact, all my professional and scientific activities and experiences from 1995 onwards relate to the field of human rights law, particularly to the ECHR (from 2003 onwards) in conjunction with human rights law under EU law (see my personal bibliography 1995-2024 under last item of point III/b of this application). I started to publish and research on different aspects of human rights (law), including case law of the ECtHR, 29 years ago. From 2003 onwards, I particularly focus my (extra)judicial activities on the issue of judicial dialogue and the interplay between EU law, case law of the ECtHR and national (constitutional) law and on effective transposition of the European standards into domestic jurisprudences.

V. Public activities

a. Public office

From the beginning of my career in the judiciary in 1999, I have never held a public office that was outside or without relevant connection to my judicial work, with the exception of being a researcher and professor at the University of Ljubljana. In direct connection with my judicial work, the following public positions/responsibilities are relevant: Since 2010, ad hoc judge at the ECtHR; In 2013, I was appointed (jointly by the Supreme Court and the Administrative Court) as a representative of the Slovenian judiciary in the Network of Courts and Tribunals of the EU Agency for Asylum; In 2005, I was appointed as a member of the State Commission for Bar Exam (Ministry of Justice); In 2012, I was appointed as a President of the Commission for the Exam of Refugee Counsellors (Ministry of Justice); in the second part of 2024, a re-election process will take place for the professorship at the University of Ljubljana.

b. Elected posts

I have never held an elected post in connection with public law activities, except that I was elected High Court Judge by the National Assembly, and I was elected to the position of assistant professor and professor by the Senate of the University of Ljubljana, which is a public law authority.

I was twice elected as the President of the IARMJ-Europe, twice elected as a member of the Council of the European Law Institute, and in 2023 I was elected (together with Professor Maria-Teresa Gil- Bazo, University of Navarra) as a Co-chair of the Special Interest Group (composed of judges, academics, lawyers, notaries) on “Fundamental Rights”, which operates within the European Law Institute (Vienna); in 2021, I was elected as a member of the Council for Judicial Ethics by the members of the Slovenian Association of Judges, but these are not public law activities.

c. Posts held in a political party or movement

I have never held any post in a political party or movement and I have never signed any kind of petition.

VI. Other activities

As being an acting judge with certain (including ethical) limitations in connection with necessary appearance of independence and impartiality, I do not have other “activities” that are not at least mentioned in this application. For a more detailed information about particular issues mentioned in this application, I can without a delay submit a full CV with complete information with all relevant titles of my presentations, their locations, dates, projects etc, which is writen on 52 pages (without taking into account personal bibliography 1995-2024).

However, among “other activities” I need to mention that, in 2007, based on proposals of the Faculty of Social Sciences (University of Ljubljana) and of the Faculty for Post-Graduate Government and European Studies (Brdo pri Kranju), the President of the Republic of Slovenia sent a proposal to the Parliament to elect me as a Judge of the Constitutional Court of the Republic of Slovenia. I did not get enough votes. In 2015, after three-phase-selection procedure of 182 candidates from 51 different countries, the Internal Justice Council of the United Nations (presided by the Hon. Ian Binnie C.C.QC., former Justice of the Supreme Court of Canada) recommended me together with 7 other selected candidates to the General Assembly of the United Nations for a judicial appointment (4 vacancies) with the United Appeals Tribunal. Together with three other selected candidates, I did not get enough votes in the General Assembly of the UN.

a. Field

Not applicable.

b. Duration

Not applicable.

c. Functions

My current “judicial” activities at the time of updating this application are the following:

  • I am the head of the European Law Institute's (ELI) Project Team, which aims to update the ELI publication from 2017 entitled: “The Detention of Asylum Seekers and Irregular Migrants and the Rule of Law: Checklists and European Standards”. The ELI's Project Team among others includes two experts from the Registry of the ECtHR. The work will be concluded in the middle of 2024.
  • As the president of the IARMJ-Europe, I have my regular responsibilities concerning this international association of judges; in particular, I conduct preparatory activities for the next conference of the IARMJ-Europe, which will take place in Dublin (8-10 Sept. 2024) with the participation of representatives of the ECtHR and CJEU.
  • As a newly elected co-chair of the Special Interest Group (SiG) on Fundamental Rights of the ELI, which consists of around 50 members (judges, lawyers, academics, notaries), together with a co-hair Prof. Maria-Teresa Gil-Bazo (University of Navarra) we try to revitalise the SiG and to activate its members via webinars as regards various subjects concerning the effective protection of human rights in Europe including new EU legislation on artificial intelligence. The former chairs of this SiG were Sabino Cassese and Sir Francis Jacobs.
  • As a representative of the Slovenian judiciary and as a representative of the IARMJ-Europe in the EUAA Network of Courts and Tribunals, I am involved in the preparatory phase for conceptualising the newly introduced “monitoring mechanism” regarding effective and correct implementation of the Common European Asylum System by the Member States (Articles 13-15 of EU Regulation 2021/2303), which already enter into force and affects the judiciaries of the Member States starting from January 2024, so that the principle of judicial independence will be preserved and respected.
  • I am an active member of the Advisory Committee in the project “ELI Mount Scopus European Standards on Judicial Independence”, which aims to collect and systematise all new standards on judicial independence, including appointment, selection, promotion, dismissal, the disciplinary procedure, and performance evaluation that have been developed in the recent case law of the CJEU and the case law of the ECtHR after rule of law crisis in Europe. This project will be concluded in the middle of 2024.
  • As the President of the IARMJ-Europe I assist UNHCR in preparing an agenda for training of judges (including Supreme Court judges) in Kazakhstan on the use of 1951 Convention Criteria in Refugee Determination Procedures (30-31 May 2024).
  • I am providing mentorship to two students of the Faculty of Law (UL) for their master thesis (related to asylum law) and to two students of the Faculty of Law (UL) at the Legal Clinics on Asylum and Migration Law.
  • I am finalising a final chapter in the book of several authors entitled: “Freedom of Expression of Judges: European and National Perspectives” (Routledge, forthcoming).
  • Since (particularly) my section of the Administrative Court is at crucial crossroads at which strategic decisions will need to be taken as regards a systemic approach towards achieving a better balance between the quantity and quality management of the court's services, it goes without saying that my main activities and efforts are directed at my regular judicial work at the Administrative Court of the Republic of Slovenia.

VII. Publications and other works

In my personal bibliography 1995-2024, there are 268 (the correct number is 264) works systematised. Below follows a selection of 10 of my published works with some international importance in chronological order:

  • Zalar Boštjan, 2008, “Le concept d'intérêt général dans le champ des services sociaux et de santé en Slovénie: Implications normatives et politiques”, Gouvernance et intérêt général dans les services sociaux et de santé, (sous la dir. De Bernard Enjolras), CIRIEC, P.I.E. Peter Lang, 207-225;
  • Zalar Boštjan, 2013: “Comments on the Court of Justice of the EU's Developing Case Law on Asylum”, International Journal of Refugee Law, Oxford University Press, 25, 2, 377-381;
  • Zalar Boštjan, 2013: “Basic Values, Judicial Dialogue and Rule of Law in the Light of the Charter of Fundamental Rights of the EU: Judges Playing by the Rules of the Game”, ERA Forum, Springer, 14, 3, 319-333;
  • Zalar Boštjan, 2015, “From Discourse on Communist Legacy towards Capacity Building to Better Manage the Rule of Law” in: Bobek., M., (ed.), Central European Judges under the Influence: The Transformative Power of the EU Revisited, Hart Publishing Oxford, pp.149-162;
  • Zalar Boštjan, Pamela MCormick, Sergo Mananashvili, Maria-Teresa Gil Bazo et al., 2017, “Detention of Asylum Seekers and Irregular Migrants and the Rule of Law: Checklists and European Standards”, European Law Institute, Vienna;
  • Zalar Boštjan 2020, “Impact of Judicial Dialogue(s) on Development and Affirmation of the Right to Effective Legal Remedy from Articles 13 and 14 of the Return Directive” in: Moraru, M., Cornelisse, G., N., De Bruycker, P., (eds.), Law and Judicial Dialogue in the Implementation of the Return Directive, Hart Publishing Oxford, pp. 369-395;
  • Zalar Boštjan, 2021, “Prohibition of Collective Expulsion and Its Interplay with Non- Refoulement and Access to Asylum – Basic Judicial Check-List(s) under European Law”, in: M.M., Bosma & O van Loon, (eds.), 20 jaar Vreemdelingenwet 2000, Boomjuridisch, pp. 125-146;
  • Zalar Boštjan, 2022, “Presumption of Innocence and Its Legal Implications in International Protection Cases on Exclusion Clauses: the European Law Perspective”, in: Simeon, James (ed.) Serious International Crimes, Human Rights, and Forced Displacement, Routledge, pp. 55-75;
  • Zalar Boštjan, 2022, “Judicial test(s) in the field of asylum-related disputes for assessing deficiencies in another member State affecting the fundamental rights of an individual under the principles of mutual trust (EU law) and presumption of equivalent protection (ECHR)”, in: Filzwieser, C., Kasper, L., (eds.) Asyl und Fremdenrecht Jahrbuch 7. Edition, NWV Verlag, pp. 309-325;
  • Zalar Boštjan, 2024, “Public Health and Fundamental Rights between Old and New Vulnerabilities: Is a Conciliation Possible? The Role of Supranational Courts” in: Iamiceli Paola, Cafaggi, Fabrizio (eds.), Covid-19 Litigation: The Role of National and International Courts in Global Health Crisis, Università di Trento, Facoltà di Giurisprudenza, pp. 93-115.

VIII. Languages

Language

Reading

Writing

Speaking

Very good

Good

Fair

Very good

Good

Fair

Very good

Good

Fair

a. First Language: Slovene

                 

b. Official Languages:

                 

English

C2

   

C1/C2

   

C1/C2

   

French

C1/C2

       

B1/B2

 

B2/C1

 

c. Other Languages:

                 

Croatian/ Serbian/ Bosnian/ Montenegrin

C2 (not Cyrillic)

   

C1/C2 (not Cyrillic)

   

C1/C2

   

Italian

 

B2

     

A1

   

A2

IX. In the even 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

X. Other relevant information

I studied French language for four years during my secondary school in Ljubljana. During my university studies, I passed several courses in French language in Ljubljana. I lived for three months in Strasbourg in 1997, when I was a visiteur d'études at the Commission for Human Rights. Over the last four years, I have taken individual conversation lessons in French language once a week and I intend to continue with this course in the future. In 2023, I have participated in the online Conversation Class in French held one hour per week between 27 September and 29 November 2023 organised by the EJTN.

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 a permanent residence in Strasbourg if elected a judge on the Court.