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Resolution 1232 (2000)
70-year age limit for the judges of the European Court of Human Rights
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.