Nicolas Bratza
Encyclopedia
Sir Nicolas Dušan Bratza (born 3 March 1945) is a British lawyer of Serbian descent and one of two Vice-Presidents of the European Court of Human Rights
. He has been elected to succeed Jean-Paul Costa
as President of the Court on the latter's retirement in November 2011.
Bratza is the Judge of the Court in respect of the United Kingdom
, and is the first person to hold this post as a full-time appointment since Protocol 11 to the European Convention on Human Rights
established the Court as a permanent body. His term will end on 31 October 2012.
, a state-maintained Jesuit
school for boys. His father was Milan Bratza, the famed Serbia
n concert
violin
ist who settled in London after the First World War, and his mother came from the Russell family, who have produced three generations of Law Lords (Charles Russell
, Frank Russell
and Charles Ritchie Russell
). He studied Law at Brasenose College, Oxford
, and was awarded a first class degree
. He then spent two years teaching at the University of Pennsylvania Law School
before being called to the bar at Lincoln's Inn
in 1969, where he was a Hardwicke and Droop Scholar. He was appointed a Bencher
of the Inn in 1993.
of the Crown Court
and elected a Bencher
of Lincoln’s Inn.
In the same year, he was appointed as the UK Member of the European Commission of Human Rights
, part of the European Convention on Human Rights
system of the Council of Europe
. In 1998, the Commission was abolished and replaced by a permanent European Court of Human Rights
, and Bratza was elected as the Judge of this Court representing the United Kingdom
. The eligibility criteria for appointment, however, required that Bratza hold judicial office in his home territory, and for this reason he was appointed a High Court
judge
. This afforded him the title, The Hon. Mr. Justice Bratza, although at the European Court he is referred to simply as Sir Nicolas Bratza. In the same year, and again in 2001, he was elected as one of the five Section Presidents of the Court. He was elected to a second and final term as a judge of the Court and re-elected as a Section President in 2004, and has been a Vice-President of the Court since 19 January 2007. His second term of office on the Court will expire on 31 October 2012. In July 2011, he was elected to succeed Jean-Paul Costa
as President of the Court in November 2011.
In June 2007, he received the degree of Doctor of Laws, honoris causa, from the University of Glasgow
.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. He has been elected to succeed Jean-Paul Costa
Jean-Paul Costa
Jean-Paul Costa is a French jurist and has been President of the European Court of Human Rights since 19 January 2007. He was first appointed a judge of the Court on 1 November 1998, and in 2009 was elected to serve an additional three years as President...
as President of the Court on the latter's retirement in November 2011.
Bratza is the Judge of the Court in respect of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and is the first person to hold this post as a full-time appointment since Protocol 11 to the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
established the Court as a permanent body. His term will end on 31 October 2012.
Early life
Sir Nicolas was born on 3 March 1945 and educated at Wimbledon CollegeWimbledon College
Wimbledon College is a government-maintained voluntary-aided Jesuit Roman Catholic high school for boys aged 11 to 19. The school is based at Edge Hill, Wimbledon, London. It was founded in 1892 "for improvement in living and learning to the greater glory of God and the common good"...
, a state-maintained Jesuit
Society of Jesus
The Society of Jesus is a Catholic male religious order that follows the teachings of the Catholic Church. The members are called Jesuits, and are also known colloquially as "God's Army" and as "The Company," these being references to founder Ignatius of Loyola's military background and a...
school for boys. His father was Milan Bratza, the famed Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
n concert
Concert
A concert is a live performance before an audience. The performance may be by a single musician, sometimes then called a recital, or by a musical ensemble, such as an orchestra, a choir, or a musical band...
violin
Violin
The violin is a string instrument, usually with four strings tuned in perfect fifths. It is the smallest, highest-pitched member of the violin family of string instruments, which includes the viola and cello....
ist who settled in London after the First World War, and his mother came from the Russell family, who have produced three generations of Law Lords (Charles Russell
Charles Russell, Baron Russell of Killowen
Charles Arthur Russell, Baron Russell of Killowen, GCMG, PC, was an Irish statesman of the 19th century, and Lord Chief Justice of England and Wales.-Early life:...
, Frank Russell
Frank Russell, Baron Russell of Killowen
Frank Xavier Joseph Russell, Baron Russell of Killowen PC, was a British judge and law lord.The son of the Lord Russell of Killowen, Russell was Lord Justice of Appeal in 1928 and 1929, and became a member of the Privy Council on 7 May 1928On 18 November 1929, he was appointed Lord of Appeal in...
and Charles Ritchie Russell
Charles Ritchie Russell, Baron Russell of Killowen
Charles Ritchie Russell, Baron Russell of Killowen PC, , was a British judge and law lord.The son of the Lord Russell of Killowen, Russell was Lord Justice of Appeal from 1962 to 1975, having been made also a Privy Councillor in 1962.On 30 September 1975, he was appointed Lord of Appeal in Ordinary...
). He studied Law at Brasenose College, Oxford
Brasenose College, Oxford
Brasenose College, originally Brazen Nose College , is one of the constituent colleges of the University of Oxford in the United Kingdom. As of 2006, it has an estimated financial endowment of £98m...
, and was awarded a first class degree
British undergraduate degree classification
The British undergraduate degree classification system is a grading scheme for undergraduate degrees in the United Kingdom...
. He then spent two years teaching at the University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...
before being called to the bar at Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in 1969, where he was a Hardwicke and Droop Scholar. He was appointed a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of the Inn in 1993.
Legal career
Bratza was appointed Junior Counsel to the Crown at Common Law in 1979 and took silk as Queen’s Counsel in 1988. He acted in 1981 for the UK Government at the European Court of Human Rights against Jeffrey Dudgeon (7525/76) who complained successfully that the law in Northern Ireland, which made homosexual acts between consenting adult males a criminal offence, was a breach of the Convention. In 1993, Bratza was appointed a RecorderRecorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
and elected a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of Lincoln’s Inn.
In the same year, he was appointed as the UK Member of the European Commission of Human Rights
European Commission of Human Rights
European Commission of Human Rights was a special tribunal.From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be...
, part of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
system of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
. In 1998, the Commission was abolished and replaced by a permanent European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, and Bratza was elected as the Judge of this Court representing the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The eligibility criteria for appointment, however, required that Bratza hold judicial office in his home territory, and for this reason he was appointed a High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
. This afforded him the title, The Hon. Mr. Justice Bratza, although at the European Court he is referred to simply as Sir Nicolas Bratza. In the same year, and again in 2001, he was elected as one of the five Section Presidents of the Court. He was elected to a second and final term as a judge of the Court and re-elected as a Section President in 2004, and has been a Vice-President of the Court since 19 January 2007. His second term of office on the Court will expire on 31 October 2012. In July 2011, he was elected to succeed Jean-Paul Costa
Jean-Paul Costa
Jean-Paul Costa is a French jurist and has been President of the European Court of Human Rights since 19 January 2007. He was first appointed a judge of the Court on 1 November 1998, and in 2009 was elected to serve an additional three years as President...
as President of the Court in November 2011.
Other appointments
He is a member of the Advisory Council and former Vice-Chairman of the British Institute of Human Rights, a member of the Advisory Board of the British Institute of International and Comparative Law and a member of the Editorial Board of the European Human Rights Law Review.In June 2007, he received the degree of Doctor of Laws, honoris causa, from the University of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
.