Organizational and Procedural Aspects of the Institution of State Agent before the ECHR and ICJ: Some Romanian Perspectives

摘要

Being a State Agent before an international jurisdiction is a task of responsibility. A background of personal experience is an advantage in explanation. This article tries to build upon the author's experience as an Agent for Romania before two quite different forums of international justice—the European Court of Human Rights and the International Court of Justice. As any institution, the institution of State Agent entails a set of organizational and procedural requirements to be met in order for the case(s) to be managed successfully towards the solution of disputes. The selection of the Agent, of his home team, of his foreign counsel (if needed) is essential. The provision of sufficient financial resources as well as the decision power, both as far as substantial and administrative aspects involving the case(s), is also important. The in-depth knowledge of all procedural details and the way of making use of them, the respecting of deadlines, the realistic assessment and fixing of time limits and also the manner of leading the team are essential for a positive outcome of the proceedings.