Strasbourg, 2 April 2008
CEPEJ-GT-EVAL(2008)4
European Commission for the Efficiency of Justice (CEPEJ)
Working group on the evaluation of judicial systems (CEPEJ-GT-EVAL)
9th meeting, 18-19 March 2008 - Meeting report
Report prepared by the Secretariat
Directorate General of Human Rights and Legal Affairs
1. The Working Group on the Evaluation of Judicial Systems (CEPEJ-GT-EVAL) of the European Commission for the Efficiency of Justice (CEPEJ) held its 9th meeting at the Council of Europe in Strasbourg on 18 and 19 March 2008 with Mr Jean-Paul JEAN (France) in the Chair.
2. The agenda and the list of participants appear in Appendices I and II to this report respectively.
1. Information by the Secretariat
3. The Secretariat announced that the Director of Legal Co-operation, Mr Roberto LAMPONI, had been replaced by Ms Margaret KILLERBY, who was now responsible for the Justice Division.
4. The experts were updated on the progress of the work of the CEPEJ-GT-QUAL[1].
2. Analysis of the in-depth studies conducted on the basis of the 2006 Evaluation Report
5. The CEPEJ-GT-EVAL considered the draft study on “the administration and management of court systems” headed by Ms Hélène PAULIAT (France). The working group extended warm thanks to the researchers and congratulated them on the outstanding quality of their work.
6. The experts reiterated the additional elements to be included in the studies for the purposes of publication:
§ an abstract of approximately 20 lines,
§ a warning that the study was mainly based on the CEPEJ’s 2006 report, which concerned 2004 data,
§ the date on which the content had been finalised,
§ a conclusion, including prospects for future work,
§ an appendix including the text of the CEPEJ evaluation scheme questions used in the study.
7. The working group agreed to recommend that the CEPEJ publish the study on its website and in the “CEPEJ Studies” series.
8. It underlined that a link could be established between the study and the one being prepared by the CEPEJ-GT-QUAL on quality systems in Europe, in which Ms PAULIAT would also participate.
3. Implementation of the 2006 – 2008 evaluation cycle
9. The CEPEJ-GT-EVAL welcomed Ms Marta Zimolag (Poland), expert responsible for processing judicial statistics, and Mr Guy MAGNIER, the official seconded by the French Ministry of Justice to help with the preparation of the draft 2008 report on European judicial systems.
10. Ms ZIMOLAG and the Secretariat reported on state of replies to the evaluation scheme. To date, four states had not replied to the questionnaire and 27 other questionnaires had not been validated. It was agreed that a letter would be sent to the states concerned stressing the need to finalise and validate the replies to the questionnaire by the end of March, failing which it would no longer be possible to guarantee that their replies would be taken into account.
11. The experts stressed the problem of the quality of certain replies:
§ Basic data (GDP, population, etc) which were clearly inconsistent with data available from other sources (Eurostat, OECD, for instance),
§ Failure to comply with the instructions in the guide,
§ Substantial discrepancies which could be seen in relation to the replies given during the previous cycle,
§ Inconsistencies in the quantitative and qualitative data concerning individual points.
12. Ms ZIMOLAG had sent reminders to the national correspondents concerning all replies which seemed unreliable. Unfortunately, some of the correspondents were being slow in supplying the requested clarification. It was agreed that frequent reminders would be sent. The CEPEJ-GT-EVAL agreed that, if no satisfactory replies were received from the national correspondents, the report would include the reference “unreliable data”.
13. When substantial discrepancies could be seen between the replies from one evaluation cycle to the next, it was agreed that the report would include specific explanations which would be requested from the states concerned.
14. In reply to a question from CEPEJ-GT-EVAL members, the expert said that she believed it would be difficult to include confidence intervals in the report.
15. In the light of preliminary tables presented by Ms ZIMOLAG and Mr MAGNIER on the basis of the available data, the CEPEJ-GT-EVAL reviewed the main replies to the evaluation scheme, in preparation for the plenary meeting of national correspondents (Strasbourg, 5 May 2008). The experts were asked to highlight the questions which posed problems, from a comparative angle, so as to draw the national correspondents’ attention to the difficulties encountered when processing the data.
16. The CEPEJ-GT-EVAL agreed that the layout of the report would be based largely on the previous one. The individual chapters could set out major European trends and more in-depth (less descriptive) qualitative analysis than in the previous report.
17. It was agreed that each member of the CEPEJ-GT-EVAL would have more specific responsibility for analysis of certain chapters in the report, in conjunction with the experts and the Secretariat:
§ General data and budgets: JP JEAN
§ Legal aid and court users: E GARCIA MALTRAS de BLAS
§ Court organisation: G STAWA
§ Judges and court staff: D TRIPALO
§ Fair trial and length of proceedings: F de SANTIS
§ Public prosecutors: E Garcia MALTRAS de BLAS
§ Lawyers: D TRIPALO
§ Enforcement of court decisions: G STAWA
§ Notaries and ADR: to be determined
18. The CEPEJ-GT-EVAL warmly thanked Ms ZIMOLAG and Mr MAGNIER for their excellent preparatory work.
4. Implementation of a pilot peer evaluation process
19. The Secretariat reported on the first evaluation visit, which had been made to Paris on 31 January and 1 February 2008. The CEPEJ-GT-EVAL thanked the French authorities for organising the visit so well and preparing such a relevant programme. The discussions had highlighted a number of difficulties in the replies to the questionnaire for the current evaluation cycle, in particular in comparison with the replies submitted during the previous cycle. Verifications and adjustments were being made.
20. It was agreed that the conclusions of the CEPEJ-GT-EVAL would be drawn and its recommendations made following the three visits, the next two of which were due to be made to Sarajevo (25-26 March 2008) and Warsaw (13-14 May 2008).
5. Intermediate process through a list of key data
21. It was agreed that the item would be discussed at the next meeting of the CEPEJ-GT-EVAL.
6. Draft CEPEJ guidelines on judicial statistics
22. It was agreed that the item would be discussed at the next meeting of the CEPEJ-GT-EVAL.
7. Co-operation with the European Union
23. The CEPEJ-GT-EVAL welcomed Mr Richard TROY, administrative officer in the Criminal Justice Unit of the Directorate-General for Justice, Freedom and Security of the European Commission. An exchange of views identified areas for co-operation between the CEPEJ’s work in evaluating judicial systems and the European Commission’s needs in terms of the collection and analysis of criminal justice data. This would come under the Memorandum of Understanding between the Council of Europe and the European Union and would give effect to the calls for increased synergy between the CEPEJ and the European Commission made several times both by the Vice-President of the European Commission, Mr Franco FRATTINI, and the Secretary General of the Council of Europe, Mr Terry DAVIS.
24. Mr TROY’s presentation appears in Appendix III to this report.
25. It was agreed that co-operation between the CEPEJ and the relevant European Commission departments would be continued on the basis of the discussions. In particular, this would involve:
§ Providing the European Commission with the relevant CEPEJ data collected during the current evaluation cycle,
§ Considering with the European Commission the possibility of supplementing the CEPEJ evaluation scheme with a few specific questions for the purposes of the European Commission’s needs in terms of criminal statistics,
§ Ensuring that, in common member states, the CEPEJ and the European Commission worked with the same national correspondent so as to gather data that met the needs of both institutions,
§ Ensuring that representatives of the two institutions took part in each other’s relevant respective meetings.
Annexe I
AGENDA / ORDRE DU JOUR
1. Adoption of the agenda / Adoption de l’ordre du jour
2. Information by the Secretariat / Information du Secrétariat
3. Analysis of an in-depth studies conducted from the 2006 Evaluation Report /
Analyse d'une étude approfondie conduite sur la base du Rapport d'évaluation 2006
4. Implementation of the 2006 - 2008 evaluation cycle /
Mise en oeuvre du cycle d'évaluation 2006 - 2008
§ situation of the replies / état des lieux des réponses
§ exchange of views with the scietific expert, Mlle Marta Zimolag /
échange de vues avec l'expert-scientifique, Mlle Marta Zimolag
§ adoption of the structure of the report as well as the guidelines and the working method for finalising the draft /
adoption de la structure du rapport ainsi que des lignes directrices et de la méthode de travail pour la finalisation du projet
§ preparation of the plenary meeting of the national correspondents (5 May) / préparation de la réunion plénière des correspondants nationaux (5 mai)
5. Implementation of the pilot peer evaluation cooperation process /
Mise en œuvre du processus de coopération à travers une évaluation par les pairs
6. Intermediary procees through the list of key data /
Processus intermédiaire à travers la liste de données clé
7. Draft CEPEJ guidelines on judicial statistics /
Projet de lignes directrices de la CEPEJ en matière de statistiques judiciaires
8. Cooperation with the European Union /
Coopération avec l'Union européenne
9. Any other business / Questions diverses
Annexe II
List of participants / Liste des participants
Fausto de SANTIS, Directeur Général au sein du Bureau de l’organisation judiciaire, Ministère de la Justice, ROME, ITALIE (President of CEPEJ / Président de la CEPEJ)
Elsa GARCIA-MALTRAS DE BLAS, Procureur, Conseillère à l’Unité d’entraide, Direction Générale des Relations avec l’Administration de la Justice, Ministère de la Justice, MADRID, ESPAGNE
Beata Z. GRUSZCZYŃSKA, Institute of Justice, Ministry of Justice, WARSAW, POLAND
Adis HODZIC, Head of the Budget and Statistics Department, Secretariat High Judicial and Prosecutiorial Council of Bosnia and Herzegovina, SARAJEVO, BOSNIA and HERZEGOVINA
Jean-Paul JEAN, Avocat Général près la Cour d’Appel de Paris, Professeur associé à l’Université de Poitiers, Parquet Général, PARIS, FRANCE (President of the CEPEJ-GT-EVAL / Président du CEPEJ-GT-EVAL)
Georg STAWA, Public Prosecutor, Directorate for Central Administration and Coordination (Dept. PR1), Federal Ministry of Justice, VIENNA, AUSTRIA
Dražen TRIPALO, Judge, Criminal Department, Supreme Court of the Republic of Croatia, ZAGREB, CROATIA
Frans van der DOELEN, Programme Manager of the Department of the Justice System, Ministry of Justice, THE HAGUE, THE NETHERLANDS (Apologized / Excusé)
COUNCIL OF EUROPE'S MEMBER STATES /
ETATS MEMBRES DU CONSEIL DE L'EUROPE
Konstantin KOSORUKOV, Assistant on Legal Affairs, Permanent Representation of the Russian Federation, STRASBOURG
EUROPEAN COMMISSION / COMMISSION EUROPEENNE
Richard TROY, Administrateur, Unité du droit pénal, Direction Générale Justice, Liberté, Sécurité, BRUXELLES
OBSERVERS / OBSERVATEURS
European Union of Rechtspfleger / Union européenne des greffiers de justice et Rechtspfleger
Harald Markus WISLCH, Amstgericht München, MUNICH, GERMANY
SCIENTIFIC EXPERT / EXPERT SCIENTIFIQUE
Julien LHUILLIER, Allocataire-moniteur de la Faculté de droit de Nancy, NANCY, FRANCE
Marta ZIMOLAG, Statistician expert / Expert statisticienne
SECRETARIAT
Directorate General of Human Rights and Legal Affairs /
Direction générale des droits de l’Homme et affaires juridiques(DG-HL) –
Justice Division / Division de la Justice
Fax: +33 3 88 41 37 43 - E-mail: [email protected]
Stéphane LEYENBERGER, Secretary of the CEPEJ / Secrétaire de la CEPEJ, Tel : +33 3 88 41 34 12, e-mail: [email protected]
Muriel DECOT, Co-Secretary of the CEPEJ / Co-secrétaire de la CEPEJ, Tél: +33 3 90 21 44 55, e-mail : [email protected]
Pim ALBERS, Special Advisor to the CEPEJ/ Conseiller spécial auprès de la CEPEJ, Tel: +33 88 41 47 74, e-mail: [email protected]
Guy MAGNIER, Special Adviser to the CEPEJ / Conseiller spécial auprès de la CEPEJ, Tél : +33 3 90 21 45 50 ; e-mail : [email protected]
Jean-Pierre GEILLER, Documentation / Documentation Tel : +33 3 88 41 22 27, e-mail : [email protected]
Sandrine MAROLLEAU, Communication / Communication, Tél: +33 3 90 21 52 08, e-mail: [email protected]
Elisabeth HEURTEBISE, Assistante, Tel : +33 3 88 41 35 54, Fax : +33 3 88 41 37 45, e-mail: [email protected]
Interpreters / Interprètes
Bettina LUDEWIG
Christopher TYCZKA
Olivier OBRECHT
Annexe III
Richard TROY, EC DG JLS.D2, European COmmission
