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Resolution 1232 (2000)

70-year age limit for the judges of the European Court of Human Rights

Author(s): Parliamentary Assembly

Origin - See Doc. 8887, report of the Committee on Legal Affairs and Human Rights, rapporteur: Lord Kirkhill. Text adopted by the Standing Committee, acting on behalf ofthe Assembly, on 9 November 2000.

1. The Assembly recalls that in accordance with Article 23 paragraph 6 of the European Convention on Human Rights “the terms of office of judges shall expire when they reach the age of 70”. It also recalls that the Italian judge reached this age at the beginning of September 2000.
2. It is therefore the responsibility of the high contracting party concerned, that is Italy, to submit a list of three candidates and, subsequently, of the Assembly to proceed to the election of a new judge (Article 22 paragraph 1 of the Convention).
3. The Assembly considers that this is a primary obligation of the bodies concerned and that Article 23 paragraph 7 of the Convention (“Judges shall hold office until replaced”) is of a subsidiary nature and aims at guaranteeing the continuity of the work of the European Court of Human Rights.
4. In this respect it is not relevant that the first partial renewal of the Court will take place next year and that the Italian judge is among those who will have to be re-elected.
5. The Assembly considers it essential that the European Court of Human Rights be considered as a “model” court in Europe and that the provisions of the Convention, whether of a substantial or of a procedural nature, are scrupulously applied. The Assembly considers that situations similar to that of the Italian judge may arise in the future and that a first precedent, in which the age of retirement as provided for in the Convention is not respected, may lead to undesirable consequences in the years to come.
6. The Assembly does not agree with the point of view of the Committee of Ministers, as expressed in its reply to Written Question No. 386 (contained in Document. 8781), in which it considered that the present situation was of an exceptional nature. Nor does it see how the election of a new Italian judge would “disrupt the operation of the new Court in this situation”.
7. The Assembly welcomes the active role played by the Secretary General in seeking to resolve this delicate matter.
8. The Assembly therefore draws the attention of members of the Court to the duty of all judges to retire upon reaching the age of 70.
9. It urges:
9.1. all contracting parties to the Convention to submit a new list of candidates at least six months before the judge in the Court sitting on behalf of that contracting state reaches the retirement age, so as to enable his or her replacement as soon as he or she reaches the age of 70;
9.2. the Republic of Italy to submit, without further delay, a list of three candidates with a view to the election of a new judge on behalf of Italy.