CEPEJ(2007)7

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE

(CEPEJ)

2006 Activity Report

adopted by the CEPEJ at its 9th plenary meeting (13 – 14 June 2007)

and approved by the Ministers' delegates at their 1005^th meeting (26 September 2007)

For further information:  www.coe.int/CEPEJ

        This report outlines the work undertaken by the European Commission for the Efficiency of Justice (CEPEJ)[1] in 2006, in accordance with its Programme of Activities[2].  It was drafted by the Bureau, adopted by the CEPEJ at its 9^th plenary meeting (13-14 June 2007) and submitted to the Committee of Ministers for approval, under Articles 7-6 and 7-7 of the CEPEJ Statute.

        THE EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ) IN 2006

1.1 Membership of the CEPEJ

        The CEPEJ is made up of experts from the 46 member states of the Council of Europe. Only 2 states did not appoint CEPEJ members during the year (Liechtenstein and San Marino). Among those states enjoying observer status with the Council of Europe, the Holy See, Japan and Montenegro regularly attended meetings. 

        The CEPEJ was chaired by Mr Eberhard DESCH (Germany). Mr André POTOCKI (France), Vice-Chair, Mr Alan UZELAC (Croatia) and Mr Ciaran KELLY (Ireland) were also members of the Bureau.

        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 Steering Committee on Human Rights (CDDH) are also represented at plenary meetings. 

        The European Union is regularly invited to be represented at the CEPEJ, through the Council of the European Union and the European Commission at its meetings. The World Bank is likewise involved in the work of the CEPEJ.

        The European Association of Judges, Magistrats Européens pour la Démocratie et les Libertés (MEDEL), the European Federation of Administrative Judges, the Council of the Bars of the European Community (CBEC), the European Union of Rechtspfleger (EUR) and the International Union of Judicial Officers (UIHJ) have observer status. In the course of the year, this status was also granted to the European Judicial Training Network (EJTN), the European Network of Councils for the Judiciary (ENCJ) and the American Bar Association – Central European and Eurasian Law Initiative (ABA-CEELI).

1.2 Meetings of the CEPEJ

        The CEPEJ held its 7^th plenary meeting on 6 and 7 July in Rome, at the invitation of the Italian Minister of Justice, and its 8^th plenary meeting from 6 to 8 December in Strasbourg.

        The Bureau of the CEPEJ met in Strasbourg on 3 February and 20 October.  

        The CEPEJ Working Group for the Evaluation of Judicial Systems (CEPEJ-GT-EVAL) met three times in Strasbourg, on 1-3 March, 24 May and 11-13 October, with Mr Jean-Paul JEAN (France) in the Chair.  The CEPEJ Network of National Correspondents met in Strasbourg on 22 and 23 May.  

        The CEPEJ Task Force on Timeframes of Proceedings (CEPEJ-TF-DEL) met three times:  once in Bucharest, on 3-4 April, and twice in Strasbourg, on 20–22 September and 13-15 November, with Mr Alan UZELAC (Croatia) in the Chair.

        The CEPEJ Working Group on Mediation (CEPEJ-GT-MED) met twice in Strasbourg, on 8–10 March and 20-22 November, with Mr Peter ESCHWEILER (Germany) and then Mr Rimantas SIMAITIS (Lithuania) in the Chair.

        The CEPEJ Network of Pilot Courts met in Bucharest (Romania), on 5 and 6 April.

2.   ACTIVITIES AND ACHIEVEMENTS IN 2006

        The programme of activities of the CEPEJ fitted into Line of Action 1 of the Council of Europe’s Programme of Activities:  “Compliance with human rights and rule of law standards”, under the project “Evaluating and improving efficiency of justice”.  The task of the CEPEJ 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”[3].

        The CEPEJ has been entrusted by the Committee of Ministers with proposing practical solutions, suitable for use by Council of Europe member states, for:

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

                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;

                helping to reduce congestion in the European Court of Human Rights by offering states effective solutions prior to application to the Court and preventing violations of Article 6.

        In the Action Plan which they adopted at their 3^rd Summit (Warsaw, 16-17 May 2005), the Heads of State and Government of Council of Europe member states decided to develop the evaluation and assistance functions of the CEPEJ in order to help member states deliver justice fairly and rapidly and to develop alternative dispute resolution methods.

        A medium-term activity programme was adopted by the CEPEJ in 2005 to meet these requirements[4]. In order to fulfil the tasks assigned to it, in 2006 the CEPEJ focused on:

        evaluating the functioning of member states’ judicial systems,

        implementing the Framework Programme for optimal and foreseeable timeframes,

        assessing the impact of Council of Europe instruments in the field of mediation,

        supporting judicial reform in various member states,

        engaging in debate with the European legal community and providing information for users of the justice system.

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

2.1.1 Evaluating the functioning of European judicial systems

        Based on the lessons learnt from the pilot exercise conducted between 2002 and 2004, the CEPEJ launched an initial evaluation of European judicial systems in 2005.  The report “European judicial systems – Edition 2006" was adopted by the CEPEJ at its 7^th plenary meeting (Rome, July), submitted to the Committee of Ministers at its 974^th meeting (27 September) and made public on 5 October at a press conference at the Palais de l’Europe in Strasbourg.

        The CEPEJ had instructed its Working Group (CEPEJ-GT-EVAL) to prepare the report.  The Secretariat had appointed Ana-Maria FALCONI (France) as scientific expert responsible for processing the national data received from member states, and preparing the preliminary draft report in consultation with the CEPEJ Secretariat, aided by a special adviser from the Dutch Ministry of Justice. The experts worked in close co-operation with the national correspondents responsible for co-ordinating states’ replies to the revised evaluation scheme.

        The report outlines the results of a survey conducted in 45 European states based on data for 2004.  It provides policy-makers, judicial practitioners, researchers and anyone interested in judicial matters in the member states with qualitative and quantitative data presented from a comparative perspective, as well as some initial pointers for a more in-depth analysis.  The report contains comparative tables and relevant comments on key areas for understanding the functioning of European judicial systems, grasping the main developments, identifying problems and steering policy policies aimed at improving the quality, equity and efficiency of services offered to citizens by the justice systems.  It is a unique exercise in terms of the number of subjects and countries covered.  This exercise is part of a regular process aimed at gradually identifying some core quantitative and qualitative data, which will be collected and processed in the same way in all the member states.

        The report was published on the CEPEJ website, with a presentation document and the full individual replies from the member states.  It was also circulated to the competent authorities in member states (justice ministries, supreme courts, judicial training centres), the competent bodies of the Council of Europe and the relevant international and European organisations.

        The report has generated considerable attention from the Committee of Ministers, the relevant authorities and judicial bodies in the member states and the media:

        steps have been taken in several member states (Azerbaijan[5], Croatia, France[6], Italy, Luxembourg, Netherlands[7]) and non-member states (Jordan) to present, discuss and study the report;

        representatives of several member states (in particular Italy, France, the Netherlands and the Russian Federation) have indicated that their authorities have referred to the report for information on other judicial systems and/or for the purpose of national judicial reform;

        several major European (and non-European) media outlets have covered the publication of the report;

        the number of visits to the CEPEJ website increased from around 4,000 to nearly 20,000 per month after the report was released.

        This report is only the first step.  The next is to draw valuable lessons and conclusions from this information in order to be able to offer member states practical tools for developing justice policies.  At the end of the year, therefore, the CEPEJ embarked on an in-depth analysis phase, which is due to be completed in 2007.  This analysis is being carried out:

        directly through its working groups,

        with the support of other competent bodies of the Council of Europe, in particular the Consultative Council of European Judges (CCJE), the Consultative Council of European Prosecutors (CCPE) and the Lisbon Network,

        by inviting the European scientific community to bid for projects, mainly in the following areas:  access to justice, administration and management of judicial systems, workload of courts and individual judges, information technologies in courts, enforcement of court decisions.

        The CEPEJ is thus engaged in a dynamic process, in which fact-finding will alternate with analysis.  The next evaluation round will begin in 2007, with a view to publishing a further report in 2008.

        The evaluation of European judicial systems has been the subject of an ongoing dialogue between the CEPEJ and the European Commission.  The Vice-President of the European Commission, responsible for Justice, Liberties and Security, Mr Franco FRATTINI, met the CEPEJ at its 7^th plenary meeting (Rome, July).  He affirmed his support for the CEPEJ’s work, which is helping to implement European standards on quality and efficiency of justice and to build mutual trust between judicial systems in Europe.   Emphasising the need to avoid duplication in the work done by the European Commission and the CEPEJ, he said that the CEPEJ’s evaluation process should be of use to the European Commission in its work.  He was in favour of this co-operation being given tangible form in a specific agreement.

        This view echoes the recommendations made by the Prime Minister of Luxembourg, Mr Jean-Claude JUNCKER, to the Heads of State and Government of Council of Europe member states in his report ”Council of Europe – European Union:  a sole ambition for the European continent”, in which he asks the CEPEJ and the European Union to co-operate in a specific manner.

        With this in mind, the CEPEJ Secretariat was invited to participate in the reflection of the member states of the European Union and the European Commission on the evaluation of the quality of the justice systems (Brussels, 18 September), within the framework of the implementation of the The Hague Programme.

2.1.2 Improving the optimisation and foreseeability of timeframes

        To help ease congestion in the European Court of Human Rights, the CEPEJ instructed its Task Force on Judicial Timeframes (CEPEJ-TF-DEL) to develop activities and tools to enable member states to implement the lines of action contained in its Framework Programme:  "A new objective for judicial systems:  the processing of each case within an optimal and foreseeable timeframe"[8].

        The Task Force’s efforts culminated in the adoption by the CEPEJ, at the 8^th plenary meeting (Strasbourg, December) of two studies aimed at learning more about the actual situation with regard to timeframes in European states:

                " Length of court proceedings in the member states of the Council of Europe based on the case-law of the European Court of Human Rights" (CEPEJ (2006) 15)[9],

                " Time management of justice systems:  a Northern Europe study" (CEPEJ (2006) 14)[10],

and a practical tool for policy-makers and judicial institutions:

                the "Compendium of “best practices” on time management of judicial proceedings" (CEPEJ (2006) 13)[11].  The examples featured in this will be regularly updated by including new practices and innovative ideas.

2.1.3 Developing alternative dispute resolution methods

        In keeping with the Action Plan adopted at the 3^rd Summit, the CEPEJ has set up a working group to facilitate the implementation of the Committee of Ministers' recommendations to member states concerning mediation.  The Group has prepared a report in which it seeks to assess the impact of the four Council of Europe recommendations on mediation (in civil, family, criminal and administrative matters) and guidelines aimed at ensuring effective implementation in member states of the principles contained therein[12].  These instruments will be submitted to the 9^th plenary meeting of the CEPEJ (June 2007) for adoption.

2.2 Developing exchanges with networks of professionals

        In accordance with Article 3.e of its Statute, the CEPEJ has continued developing networks of professionals involved in the justice system so as to be able to supplement its work with information and comments from practitioners, and facilitate assimilation of the measures it introduces by the main target groups.

2.2.1 Network of Pilot Courts        

        In accordance with its Statute, the CEPEJ has set up a Network of Pilot Courts in order to root its work in the reality of the day-to-day functioning of justice and ensure their relevance vis-à-vis the judicial professions' expectations.

        The constituent meeting of the Network of Pilot Courts (at which 30 member states were represented) was held in Bucharest (Romania) on 5 and 6 April, during the Romanian Chairmanship of the Committee of Ministers, with the support of the Ministry of Justice and the High Council of Justice.  

        The CEPEJ has used the Network, inter alia, to promote innovative projects introduced by courts to reduce and manage judicial timeframes, with a view to preparing the Compendium of Best Practices (see paragraph 24 above).

2.2.2 Network of national correspondents            

        Experts from the CEPEJ worked in close co-operation with the national correspondents responsible for co-ordinating states’ replies to the evaluation scheme for preparing the report on “European judicial systems” (see paragraphs 17 et seq. above).

2.3 Supporting member states in their judicial reforms

      2.3.1 Russian Federation

        The team of experts appointed by the CEPEJ visited Kaluga (Russian Federation) from 6 to 10 February to present the CEPEJ’s recommendations set out in the report on “the execution of decisions by national civil courts against the state and its entities in the Russian Federation” (CEPEJ (2005) 8).  This report was very well received by all the institutions concerned, the Russian authorities having welcomed the CEPEJ’s sound grasp of the issues involved and the practical nature of the recommendations made.

        A round table was then held in Strasbourg with the Department for the Execution of Judgments of the ECHR (DG II – Human Rights), on 30 and 31 October.  The Russian Federation was represented there by a number of senior officials[13]. The constructive, in-depth discussions helped identify the main outstanding problems and led to a number of commonly agreed proposals for further reforms to ensure that the government effectively executed court decisions[14].  After the round table, the Greek Ministry of Justice and the CEPEJ member for Greece organised an additional working visit to Athens (Greece) on 9 and 10 November for the group of experts from the Russian Federation.

        The CEPEJ agreed to continue its co-operation with the Russian Federation in 2007 in order to support the practical implementation of the recommendations.

2.3.2 France

        The CEPEJ received a request from the First President of the French Court of Cassation for co-operation on sharing experience in organising the selection and training of heads of major courts, further to the task set by the Ministry of Justice.  The CEPEJ Bureau accordingly appointed a team of experts[15] who discussed the matter with experts from the Court of Cassation in Paris on 24 November.  The First President of the Court of Cassation, Mr Guy CANIVET, then met with the CEPEJ at its 8^th plenary meeting (Strasbourg, December) to explore the matter further, based on the experience of various member states.

2.3.3 Croatia and Slovenia

        The authorities of Croatia and Slovenia continued their dialogue on “practical ways of combating delays in the justice system, excessive workloads of judges and case backlogs” in the light of the CEPEJ report, including at a follow-up seminar (Croatia, 10 - 11 December).

2.4 Contributing specific expertise to the debate about the functioning of the justice system

2.4.1  Providing the judicial community with a forum for discussion and suggestions and bringing justice systems and their users closer

        At his meeting with the CEPEJ, the Vice-President of the European Commission, Mr Franco FRATTINI, hailed the successful co-operation between the CEPEJ and the European Commission through the European Day of Civil Justice, the “Crystal Scales of Justice” award and the joint conferences run on a regular basis.

        To mark the 4^th European Day of Civil Justice, jointly organised by the Council of Europe and the European Commission, a number of events designed to raise public awareness of the judiciary were staged in around fifteen member states.  

        For the second consecutive year, the “Crystal Scales of Justice” were awarded, a European prize that rewards innovative practices contributing to the quality of civil justice.   Organised with the assistance of the CEPEJ, the competition aims to discover and highlight innovative and efficient practices used in European courts which deserve to be drawn to the attention of policy-makers and the legal community so as to improve the operation of the public system of civil justice.  Nineteen judicial institutions took part in the competition and 6 projects were singled out for honours[16].  The Prize was presented in Paris, at the Court of Cassation (on 26 October), during the 8^th Conference of Presidents of European Supreme Courts.

        The Council of Europe and the CEPEJ were also closely involved in the “E-justice and e-law" congress held in Vienna (31 May - 2 June) under the Austrian Presidency of the European Union.  The Deputy Secretary General of the Council of Europe and the Chair of the CEPEJ took part in the opening of the event.  The CEPEJ will continue its dialogue with the European Union concerning the development of information technologies for the efficiency of judicial systems.

        The CEPEJ has developed working relationships with other committees of the Council of Europe, such as consultative committees (CCJE, CCPE), standard-setting committees (CDPC, CDPC, CDDH) as well as other bodies addressing issues concerning the justice system (Venice Commission).

        The Chair of the CEPEJ attended the 27th Conference of European Justice Ministers in Yerevan (Armenia) on 12 and 13 October on “Victims:  place, rights and assistance”.

        The CEPEJ was also represented at various fora where issues of direct relevance to the functioning of the justice system were addressed, in particular:

                the 8^th annual meeting of the International Union of Judicial Officers (UIHJ) held in Washington DC from 25 to 28 April,

                the meeting on improving justice systems, held in Madrid on 25 May to mark the 50^th anniversary of the association of barristers specialising in social matters,

                the annual meeting of the European Union of Rechtspfleger (UER) in Wels (Austria) on 7 and 8 September,

                the seminar on the administration of justice held by the Council of Europe in Ankara (Turkey) on 25 and 26 September,

                the seminar on “Judicial independence, ethics and accountability – International standards, good practices and their domestic implementation” held by UNODC and the OSCE at the State Duma, Moscow (Russian Federation) on 19 and 20 October,

                the Council of Europe’s Octopus conference “Corruption and Democracy” in Strasbourg on 20 and 21 November,

                the MTEC training course on "Developments in the field of administration of justice in Europe" organised by the Dutch Ministry of Economic Affairs in co-operation with the Ministry of Justice in
The Hague (Netherlands) on 22 and 23 November,

                the seminar on bailiffs held in Baku (Azerbaijan) from 28 November to 1 December under the European Commission’s TACIS programme, implemented by the International Union of Judicial Officers (UIHJ),

                the European Days of Law organised by the General Prosecutor of Nancy Court of Appeal (France) on 30 November,

                the seminar for presenting this report to the French legal community, held at the Court of Cassation, on 13 December, at the instigation of its First President, Guy CANIVET,

                the seminar on "Measuring justice " organised at the French Conseil d'Etat, in Paris on 15 – 16 December by the Research Programme on « Economic attractivity of law »,

                the seminar on "Traditional, administrative and legal rules on consumer litigations", organised by the Ministry of Economy and Trade of Luxembourg, on 19 December,

                the seminar organised by American Bar Association in Amman (Jordan), on the evaluation of justice on 12  - 15 December.

        A new CEPEJ website is now up and running.  It allows the CEPEJ to communicate more effectively about what it does, while at the same time providing information and a wider forum for debate on issues relating to the quality and efficiency of the justice system. 

 

2.4.2 Helping to ensure compliance with Article 6 of the European Convention on Human Rights

        The CEPEJ’s work is beginning to be seen as a benchmark for preventing violations of the right to a fair hearing within a reasonable time, with the European Court of Human Rights specifically referring to the Framework Programme on judicial timeframes in its judgment in the case of Scordino v. Italy of 29 March 2006, as well as in eight other judgments.