CEPEJ(2016)3

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE

(CEPEJ)

Activity Report of the CEPEJ – 2014 / 2015

adopted by the CEPEJ at its 27^th plenary meeting

(Strasbourg, 30 June – 1 July 2016)

For further information:  www.coe.int/CEPEJ     

1.     This report outlines the work undertaken by the Council of Europe’s European Commission for the Efficiency of Justice (CEPEJ)[3] in 2014 and 2015 in accordance with its Activity Programme[4]. It was submitted to the Committee of Ministers for approval, pursuant to Articles 7-6 and 7-7 of the CEPEJ Statute.  

1.   THE EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ) IN 2014 AND 2015

1.1  Membership of the CEPEJ

2.     The CEPEJ is made up of experts from the 47 member states of the Council of Europe. Only two states (Liechtenstein and San Marino) were not regularly represented on the CEPEJ. Among the states enjoying observer status, Japan, Israel, Mexico, Morocco and Tunisia (the status of observer was granted to Tunisia by the Committee of Ministers in 2015) participated in the work of the CEPEJ. Jordan was associated with the work, within the framework of cooperation programmes.

3.     In 2014, Mr John STACEY (United Kingdom) was President of the CEPEJ and Mr Georg STAWA (Austria) was Vice-President. The other members of the Bureau were Mr Irakli ADEISHVILI (Georgia) and Mr Audun BERG (Norway). In 2015, the CEPEJ was presided by Mr Georg STAWA, Mr Irakli ADEISHVILI being the Vice President and Mrs Ivana BORZOVA (Czech Republic) and Mr Ramin GURBANOV (Azerbaijan) being members of the Bureau.

4.     The European Court of Human Rights, the Parliamentary Assembly of the Council of Europe, the Consultative Council of European Judges (CCJE), the Consultative Council of European Prosecutors (CCPE), the European Committee on Legal Co-operation (CDCJ) and the European Committee on Crime Problems (CDPC) were also represented at CEPEJ plenary meetings.

5.     The European Union was regularly represented at the plenary and working group meetings, by the Council of the European Union, the European Commission, the Secretariat of the European Parliament and the Fundamental Rights Agency.

6.     The European Association of Judges, MEDEL (Magistrats Européens pour la Démocratie et les Libertés), the European Federation of Administrative Judges, the Council of Bars and Law Societies of Europe(CCBE), the European Union of Rechtspfleger (EUR), the International Union of Judicial Officers (UIHJ), the European Judicial Training Network (EJTN), the European Network of Councils for the Judiciary (ENCJ), the Council of the Notariats of the European Union (CNUE) and the American Bar Association – Rule of Law Initiative have observer status with the CEPEJ.

1.2 Meetings of the CEPEJ

In 2014

7.     The CEPEJ held two plenary meetings in Baku, Azerbaijan (3-4 July) and Strasbourg (11-12 December). The Bureau of the CEPEJ met twice in Paris (23 January) and Strasbourg (8 October). The Working Groups met regularly according to the Activity Programme, with, in the Chair, respectively Mr Jean-Paul JEAN (France) for the group on the Evaluation of Judicial Systems (CEPEJ-GT-EVAL), Mr Jacques BÜHLER (Switzerland) for the Steering group of the SATURN Centre for Judicial Time Management and Mr François PAYCHERE (Switzerland) for the group on the Quality of Justice (CEPEJ-GT-QUAL).

8.     The 8^th plenary meeting of the Network of national correspondents entrusted with the collection of judicial data took place in Strasbourg (15 May). The 9^th plenary meeting of the Network of pilot courts was held in Strasbourg (9 October).

In 2015

9.     The CEPEJ held two plenary meetings in Strasbourg in 2015 (July 2-3 and 10-11 December). The Bureau of the CEPEJ met twice in Paris (20 February) and Strasbourg (4 November). The working groups met regularly in accordance with the working programme, under the respective chairmanships of Mr Jean Paul JEAN (France) for the group on evaluation of justice (CEPEJ GT EVAL), Mr Jacques BÜHLER (Switzerland) for the steering group of the SATURN Centre for judicial time management and Mr François PAYCHERE (Switzerland) for the group on quality of justice (CEPEJ GT QUAL).

10.  The 9th plenary meeting of the Network of national correspondents responsible for collecting statistical data took place in Strasbourg (5 November). The 10th plenary meeting of the Network of pilot courts was held in Strasbourg (23 September).

2.   ACTIVITIES AND ACHIEVEMENTS OF THE CEPEJ IN 2014 AND 2015

11.  The CEPEJ’s activity programme is part of the Pillar “Rule of law”, Sector “Justice”, Programme “Independence and efficiency of justice” of the Council of Europe’s Programme and Budget.  The CEPEJ’s task is central to the Council of Europe’s activities in that it is expected to promote common fundamental values: human rights, rule of law and democracy by strengthening democracy, good governance and the rule of law in member states.

12.  The CEPEJ has been entrusted by the Committee of Ministers with the task of proposing practical solutions, suitable for use by Council of Europe member states, with a view to:

§   promoting the effective implementation of existing Council of Europe instruments relating to the organisation of justice;

§   promoting the public service of justice and ensuring that public policies concerning the courts take account of the needs of users of the justice system and, in particular, the judiciary and law officers;

§   contributing to reducing the workload of the European Court of Human Rights by offering states effective solutions prior to application to the Court and preventing violations of Article 6 of the European Convention on Human Rights on the right to a fair trial.

2.1 Tools for analysing the functioning of judicial systems and ensuring that public policies relating to the courts are geared to greater efficiency

2.1.1 Evaluating the functioning of European judicial systems

13.  The 2012 - 2014 cycle for evaluating the day-to-day functioning of judicial systems was successfully concluded with the publication of the CEPEJ’s fifth report, which was adopted at the 23^th plenary meeting (Baku, 3 – 4 July 2014) and made public on 9 October 2014 at a press conference in Paris.

14.  Based on a data base which is unique in the world as regards justice, the report presents a detailed overview of the functioning of judicial systems in 45 member states, as well as Israel which has joined the exercise as an observer state, together with time-series statistics highlighting changes in the judicial systems in these countries.

15.  The comparative tables and graphs and the comments help to understand the day-to-day functioning of courts, underline the main trends in judicial systems and identify any problems with a view to improving the quality, fairness and efficiency of the public service of justice. It is a sound tool for enhancing mutual knowledge of judicial systems and strengthening mutual confidence between justice professionals.

16.  The report was widely disseminated in member states and beyond, confirmation of the fact that it constitutes a major reference for reforming public policies of justice in Europe.

17.  The Committee of Ministers, relevant national administrations and the judicial bodies of member states also showed considerable interest in the report. The main European media presented, and commented widely on the report[5]. Several states indicated that the report had been discussed in the media and by political bodies such as the ministry of justice, the parliament, political parties and judicial bodies such as councils for the judiciary and professional associations. Some states also indicated that the report had been used directly in conducting judicial reforms. Several states had the report translated either in full or in part.

18.  From this evaluation work, a specific CEPEJ Study was published (N° 21) focused on "Judicial systems of the Eastern European countries".

19.  The 2014-2016 evaluation cycle was launched, with member states requested to fill in the Evaluation Scheme and a specific questionnaire on IT in courts, and its explanatory note[6]. A new way of analyzing and presenting the data collected was proposed, including a general report with a corpus of essential data and comments (key facts and figures) to assess the situation of judicial systems and their evolution, as well as a specific report for each cycle focused on a theme chosen for its topicality and relevance and containing an in-depth analysis of the situation in that field. In addition, work was undertaken to introduce a new dynamic database open to the public and comprising a data processing system.

20.  The CEPEJ has intensified its cooperation with the Department for the Execution of Judgments of the European Court of Human Rights in DG-I, in particular by providing this service the information necessary to fulfill its mission.

Implementation of the peer evaluation process

21.  In the context of the peer evaluation of judicial statistics systems, expert visits were organised to Estonia, Lithuania, Slovakia, Switzerland and Israel. The aim of the process is to assist states in their efforts to enhance the quality of their judicial statistics, improve their statistical systems and ensure that national statistics are consistent with the standards set out in the CEPEJ’s evaluation scheme. It provides the opportunity to exchange experiences between national judicial statistics systems, share best practices, identify common indicators and transfer knowledge. It also seeks to improve and help ensure the transparency and reliability of the CEPEJ’s evaluation process.

Co-operation with the European Union

22.  The Council of the EU, the European Commission and the European Parliament are regularly represented at the preparatory meetings of the CEPEJ. They were particularly interested in the evaluation report as a tool designed to strengthen mutual confidence between judicial systems.

23.  The “EU Justice Scoreboards” were published by the European Commission (EC) in March 2014 and April 2015, mainly based on the Studies on the functioning of judicial systems in the EU member states carried out by the CEPEJ using its own methodology and information submitted by the states concerned in the framework of its own evaluation exercise. A new Study, prepared, based on the collection, processing and analysis of data updated in 2014, was presented to the EC at the end of 2015[7]. This exemplary cooperation between the EC and the Council of Europe is based on a multi-year contract under which the EC contributes financially to the work of the CEPEJ (€ 200,000 per one-year cycle).

24.  It is to be welcomed that the EC considers then that the CEPEJ data and methodology for the evaluation of judicial systems are indispensable for the implementation of its own Scoreboard. The involvement of the CEPEJ in the EC’s instrument strengthens the CEPEJ’s preeminent role as regards justice evaluation, as well as the synergies between the European Union and the Council of Europe in this field, and it increases the visibility of the CEPEJ and of the Council of Europe.

Co-operation with the OECD

25.  The OECD has used the CEPEJ findings for evaluating the situation of the judicial systems in their European member states, and the CEPEJ methodology for extending such evaluation to non-European members. The CEPEJ Secretariat was invited to participate in relevant OECD meetings.

2.1.2 Optimising and improving the foreseeability of the timeframes of judicial procedures: the SATURN Centre

26.  The CEPEJ SATURN Centre for Judicial Time Management continued its work as a European observatory of judicial timeframes and of developing appropriate tools, with the expert assistance of the CEPEJ Network of pilot courts.

27.  The CEPEJ court coaching programme for implementing SATURN tools on judicial time management is the basis for a number of CEPEJ cooperation programmes (see below).

28.  The CEPEJ adopted its revised Guidelines on judicial time management[8], including for the first time guidelines aimed at prosecutors, as well as a Study "On the length of proceedings in the courts of appeal - Edition 2015 (2006-2012 data)"[9] and a Guide on implementation of the SATURN time management tools in courts[10].

2.1.3. Promoting the quality of justice

29.  As a practical tool for improving the quality of judicial proceedings, the CEPEJ adopted its Guidelines on the role of technical experts in judicial proceedings[11].

30.  As a contribution to improving the quality of litigants’ access to justice, the CEPEJ adopted its Guidelines on the organisation and accessibility of court premises[12].

31.  A Guide of best practices in the field of enforcement was adopted too[13] as a complement to facilitate the implementation of the CEPEJ guidelines on the matter.

32.  Moreover, the Working Group on quality of justice also initiated work to develop guidelines for undertaking the change towards cyber-justice, as well as an initiative on structural measures upstream the introduction of effective remedies within the framework of Article 13 ECHR as regards lengths of proceedings.

33.  Coaching programmes aimed at organising court satisfaction surveys based on the CEPEJ Handbook are used in several cooperation programmes (see below).

2.2 Supporting the states in their judicial reforms

34.  The CEPEJ made an unprecedented effort so that its methodology, tools and the experience of its members and experts can be made available in the context of capacity-building and cooperation programmes, thus enabling the Council of Europe to offer to the beneficiary states a strong added value as regards the reforms of judicial systems. Very good synergies have been developed between the CEPEJ’s intergovernmentalwork andthe direct andin-depth use of this work to support judicial reforms at national level. Such cooperation targeted both the national authorities responsible for justice policies (Ministries of Justice, Parliaments, High Councils for the Judiciary) and individual courts.

35.  The cooperation carried out by the CEPEJ supported in particular judicial reforms:

-     in Albania, in the framework of the Joint Programme with the European Union for the "Support to the Efficiency of Justice" (SEJ),

-     in Croatia, in the framework of the programme funded by the EEA/Norway Grant for improving the quality and efficiency of the judicial system,

-     in Azerbaijan and in the Republic of Moldova, as part of the Joint Programme with the European Union, following the regional programme for the Eastern Partnership countries, aimed at continuing cooperation on the efficiency of judicial systems – cooperation planned in Ukraine was discontinued at the request of the EU Delegation in Kyiv,

-     in Turkey, as part of the cooperation programme funded by the Swedish authorities (Sida) to promote mediation on the basis of the CEPEJ Guidelines,

-     in Kosovo*, to improve the efficiency and quality of the service delivered by the Basic Court of Pristina, in the framework of a pilot project,

-     in Morocco, Tunisia and Jordan, as part of the neighbourhood policy and the on-going Joint Programmes with the European Union for the reform of the judicial systems, where the CEPEJ has played a leading role.

36.  As part of its training programme for the court tools it has developed, the CEPEJ implemented training for judicial time management with the Thessaloniki Administrative Court (Greece). It also initiated a training programme in several courts in France starting in March 2015 with the Court of Avignon.

37.  To strengthen its ability to act within the framework of its cooperation and training programmes, the CEPEJ decided to expand its network of experts beyond its members, current scientific experts and members of working groups. It therefore it organised two training sessions on the CEPEJ methodology and tools in Paris on February and September 2015, aimed at new interested experts proposed by the members of the CEPEJ.

2.3 Contributing specific expertise to the debate on the functioning of the justice system: providing the legal and judicial community with a forum for discussion and suggestions and bringing justice systems and their users closer together

38.  The CEPEJ developed specific working relations with other committees of the Council of Europe, such as the advisory committees (CCJE, CCPE), standard-setting committees (CDPC, CDCJ, CDDH) and other bodies dealing with matters relating to justice and the judiciary (e.g. Venice Commission).

39.  The CEPEJ approved in particular an opinion[14] prepared by the CEPEJ-SATURN Steering group, in cooperation with the European Union of Rechtspfleger (EUR), aimed at proposing to the European Committee for Legal Cooperation (CDCJ) to update Recommendation Rec(86)12 concerning measures to prevent and reduce the excessive workload in the courts.

40.  The European Justice Day was celebrated around 25 October in some twelve member states.

41.  The flagship event of this Day in 2014 was organised in Aveiro, Portugal. The European prize for innovative practices contributing to the efficiency and quality of justice, the "Crystal Scales of Justice", was awarded by the CEPEJ on this occasion. The winner wasthe General Council of the Spanish Bar for its initiative “Online legal aid: Better solutions for people’s rights”. Three institutions were granted a special mention by the jury: the Estonian Ministry of Justice for “A central Database for Justice (E-File)”, the courts for family affairs and the Bar of Berlin (Germany) for: “An accelerated family procedure” and the Amsterdam Court of Appeal (The Netherlands) for its “European Courts weblog and European law newsletters”.

42.  In 2015 the European Day took place in Banja Luka, Bosnia and Herzegovina[15]. The “Crystal Scales of Justice”, competition, which met again enjoyed great success, was awarded to the Judicial Institute for Scotland (United Kingdom) for its initiative “The Judicial HUB”. Three other institutions were also rewarded and granted a special mention by the jury: the Court Administration of Latvia for its initiative "Recording of court hearings with technical means"; the Dutch Legal Aid Board (The Netherlands) for its initiative "Online Dispute Resolution (ODR) for Relational Disputes"; and the High Judicial Council of Serbia for its initiative "Model Court Guideline for the Basic and Higher Courts in the Republic of Serbia".

With specific member states and other international partners

43.  The CEPEJ was represented by several of its members or its Secretariat in almost 120 events, which took place in more than 25 states in Europe and in other parts of the world and addressed issues of direct relevance to the functioning of justice. Moreover, numerous European media refer regularly to the work of the CEPEJ. This confirms the importance that the European and international judicial communities attach to the work of the CEPEJ.

Means of communication

44.  To raise the awareness on the work of the CEPEJ, a comprehensive CEPEJ Study (N° 22) was published:  "High quality justice for all member states of the Council of Europe", reporting on 12 years of the CEPEJ’s history.

45.  Two issues of the "CEPEJ Newsletter" were published annually, sent electronically to more than 2.000 recipients (registered free of charge on a mailing list), dealing with topics relating to the functioning of justice. It included articles written by senior judicial or political figures and experts, together with news of what the CEPEJ has been doing.

46.  The CEPEJ’s internet site continues to meet with increasing success with an average of more than 15.000 connections per month. During the weeks following the publication of the 2014 Evaluation report, the website logged more than 80.000 hits. The site remains a standard reference within the European judicial community.