Strasbourg, 8 December 2006

CEPEJ(2006)9

European Commission for the Efficiency of Justice (CEPEJ)

8^th plenary meeting - Strasbourg, 6 – 8 December 2006

Programme of activities 2007

This programme was adopted by the CEPEJ at its 8th plenary meeting (Strasbourg, 6 – 8 December 2006). It will be implemented according to the budgetary resources available.

1. The Committee of Ministers has given to the CEPEJ the mission of working with member states to promote effective implementation of Council of Europe instruments concerning the organisation of the justice system, ensuring that public policies in judicial matters take the users of the justice system into account and helping to disencumber the European Court of Human Rights by giving the member countries effective upstream solutions by preventing violations of Article 6 of the European Convention on Human Rights.

2. Under Article 2 of its Statute, contained in Committee of Ministers Resolution (2002) 12, the CEPEJ is required to:

§ examine the results achieved by the different judicial systems, using common statistical criteria and means of evaluation;
§ define problems and areas for possible improvements, and
§ identify concrete ways of improving the measurement and functioning of member states’ judicial systems, regard being had to the specific needs of each country.

3. In the Action Plan which they adopted at their 3rd summit (Warsaw, May 2005) the Heads of State and Government of Council of Europe member states decided to develop the CEPEJ’s evaluation and assistance functions in order to help member states deliver justice fairly and rapidly.

4. The present programme of activities for 2007 was drawn up in that context, on the basis of the CEPEJ medium-term activity programme (CEPEJ (2005) 10) and the action principles and priorities identified in it.

5. It is designed around the four areas of responsibility vested in the CEPEJ :

§ setting-up of tools for analysing the functioning of justice and ensuring that public policies on justice are geared to greater efficiency,
§ implementation of European rules and standards concerning the efficiency of justice,
§ specific assistance at the request of one or several State(s),
§ direct relations between users of the justice system and justice professionals.

6. The programme of activities is implemented according to available budget resources, under the CEPEJ’s overall authority and in accordance with the responsibilities laid down in Resolution Res(2002)12. Within its responsibilities, the CEPEJ Bureau prepares the ground for this work and puts forward guidelines.

* Only one meeting to cover the different questions – See the working programme with the Network of Pilot courts in document CEPEJ (2006) 12.

Appendix I

European Commission of the Efficiency of Justice (CEPEJ)

Terms of reference of the Working Group on evaluation of judicial systems
(CEPEJ-GT-EVAL)

renewed by the CEPEJ at its 8^th plenary meeting

1. Tasks

Under the authority of the European Commission for the Efficiency of Justice (CEPEJ), the Working Group on evaluation of judicial systems (CEPEJ-GT-EVAL) is instructed to carry out the common tool set up by the CEPEJ which aims at evaluating in an objective manner the functioning of the judicial systems in Europe.

In order to fulfil its tasks, the CEPEJ-GT-EVAL shall in particular:

a. make proposals for appropriate exploitation of the results achieved through the evaluation exercise (Report “European judicial systems – Edition 2006”), identify trends as well as typical dysfunctions of the judicial systems in Europe and formulate if possible concrete guidelines in order to improve the efficiency of judicial systems in Europe;

b. identify lacuna in providing relevant statistics and formulate concrete guidelines in order to enable the collection in all member states of common and homogenous judicial statistics;

c. initiate, follow and approve studies exploiting the report “European judicial systems – Edition 2006”, in a view to be published in the Series “CEPEJ Studies”, including as regards the execution of judicial decisions;

d. organise the new process of evaluation of the European judicial systems, including in sharpening the evaluation Scheme according to the difficulties noticed in the 2004 – 2006 exercise.

2. Composition

The CEPEJ-GT-EVAL shall be composed of 6 members of the CEPEJ or experts proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of the evaluation of judicial systems. Their travel and subsistence expenses are be borne by the budget of the Council of Europe. Other experts appointed by the member States might participate in its work, at their own expenses.

The relevant Council of Europe and European Union bodies might be represented to the CEPEJ-GT-EVAL without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the CEPEJ-GT-EVAL, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3. Working structures and methods

The CEPEJ-GT-EVAL will organise 2 meetings in 2007.

In carrying out its terms of reference, it may in particular seek the advice of the Network of national correspondents entrusted with the coordination of the answers to the evaluation Scheme.

It may also seek the advice of external experts and have recourse to studies by consultants.

4. Duration

These terms of reference expire on 31 December 2007.

Appendix II

European Commission of the Efficiency of Justice (CEPEJ)

Terms of reference of the Groupe de pilotage of the
SATURN Centre for judicial time management

adopted by the CEPEJ at its 8^th plenary meeting

1. Tasks

The European Commission for the Efficiency of Justice decides to act as a Centre for judicial time management (SATURN² Centre) aimed at collecting specific information necessary to the knowledge of judicial timeframes in the member States and detailed enough to enable member states to implement policies aiming to prevent violations of the right to fair trial within a reasonable time protected by Article 6 of the European Convention on Human Rights.

The Centre shall in particular:

a. analyse the situation of existing timeframes in the member States (timeframes per types of cases, waiting times in the proceedings, etc.);

b. provide to the member States knowledge and analytical tools of judicial timeframes of proceedings;

c. provide guidelines with a view to possible reforms aiming to foresee the judicial timeframes.

The Centre is managed through a Groupe de Pilotage, under the authority of the CEPEJ.

In order to fulfil its tasks, the Groupe de pilotage shall in particular:

· analyse available information, especially the report of the CEPEJ on the “European judicial systems – Edition 2006”, the reports on “judicial timeframes of proceedings in the case law of the ECHR”, the report on “time management in Nordic Courts” and the report “management of time: good practice;

· collect necessary information on judicial timeframes of proceeding in the member States;

· define measuring systems and common indicators on judicial timeframes of proceedings in all member States and define appropriate modalities for collecting information through statistical analysis;

· rely on appropriate networks allowing the integration of the works and reflections of the judicial community, in particular on the network of pilot courts within the member States, to exploit innovative projects aimed at reducing and adjusting the timeframes operated by courts in member States.

2. Composition

The Groupe de Pilotage shall be composed of 6 members of the CEPEJ or experts proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of procedure timeframes. Their travel and subsistence expenses will be borne by the budget of the Council of Europe. Other experts appointed by the member States might participate in its work, at their own expenses.

The relevant Council of Europe and European Union bodies might be represented to the Groupe de pilotage without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the Groupe de Pilotage, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3. Working structures and methods

The Centre will held 2 meetings in 2007.

In carrying out its terms of reference, the Groupe de Pilotage shall cooperate with the CEPEJ Network of Pilot courts.

It may also seek the advice of external experts and have recourse to studies by consultants.

4. Duration

These terms of reference expire on 31 December 2008.

Appendix III

European Commission of the Efficiency of Justice (CEPEJ)

Terms of reference of the Working Group on mediation
(CEPEJ-GT-MED)

prolonged by the CEPEJ at its 8^th plenary meeting

1. Tasks

Under the authority of the European Commission for the Efficiency of Justice (CEPEJ), the Working Group on mediation (CEPEJ-GT-MED) is instructed to enable a better implementation of the Recommendations of the Committee of Ministers concerning mediation.

In order to fulfil its tasks, the CEPEJ-GT-MED shall in particular:

a. assess the impact in the states of the existing Recommendations of the Committee of Ministers concerning mediation, that are: Recommendation Rec (98) 1 on family mediation, Recommendation Rec (99) 19 concerning mediation in penal matters, Recommendation Rec (2001) 9 on alternatives to litigation between administrative authorities and private parties, Recommendation Rec (2002) 10 on mediation in civil matters;

b. draft, if appropriate, guidelines and specific measures aimed to ensure an effective implementation of the existing Recommendations;

c. suggest, if appropriate, areas in which it could be useful to draft new international legal instruments or amendments to existing ones, taking namely into account the work of other institutions, and in particular the European Union.

2. Composition

The CEPEJ-GT-MED shall be composed of 6 members of the CEPEJ or experts proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of mediation and other measures of alternative dispute resolution. Their travel and subsistence expenses are be borne by the budget of the Council of Europe. Other experts appointed by the member states might participate in its work, at their own expenses.

The relevant Council of Europe, in particular the European Committee on Legal Co-operation (CDCJ), and European Union bodies might be represented to the CEPEJ-GT-MED without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the CEPEJ-GT-MED, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3. Working structures and methods

The CEPEJ-GT-MED will organise one meeting in 2007.

In carrying out its terms of reference, the CEPEJ-GT-MED may cooperate with the CEPEJ Network of Pilot courts.

It may also seek the advice of external experts and have recourse to studies by consultants.

4. Duration

These terms of reference expire on 31 December 2007.

Appendix IV

European Commission of the Efficiency of Justice (CEPEJ)
Terms of reference of the Working Group on quality of justice
(CEPEJ-GT-QUAL)

adopted by the CEPEJ at its 8^th plenary meeting

1. Tasks

Under the authority of the European Commission for the Efficiency of Justice (CEPEJ), the Working Group on quality of justice (CEPEJ-GT-QUAL) is instructed to develop means of analyse and evaluation of the work done inside the courts with a view to improving, in the member states, quality of the public service delivered by the justice system, in particular vis-à-vis the expectations of the justice practitioners and the users, according to criteria of performance and efficiency meeting a large consensus.

In order to fulfil its tasks, the CEPEJ-GT-QUAL shall in particular, while observing the principle of independence of judges:

a. collect necessary information on evaluation systems of the quality of judicial work existing in the member states;

b. improve tools, indicators and means for measuring the quality of judicial work;

c. draft concrete solutions for the policy makers and for the courts, allowing to remedy dysfunctions in the judicial activity and balance the obligations of the work of judges and its workload with the obligation to provide a justice of quality for the users.

2. Composition

The CEPEJ-GT-QUAL shall be composed of 6 members of the CEPEJ or experts proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of operation of courts and analyse of judicial practice. Their travel and subsistence expenses will be borne by the budget of the Council of Europe. Other experts appointed by the member States might participate in its work, at their own expenses.

The relevant Council of Europe and European Union bodies might be represented to the CEPEJ-GT-QUAL without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the CEPEJ-GT-QUAL, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3. Working structures and methods

The CEPEJ-GT-QUAL will organise 2 meetings in 2007.

In carrying out its terms of reference, the CEPEJ-GT-QUAL shall cooperate with the CEPEJ Network of Pilot courts.

It may also seek the advice of external experts and have recourse to studies by consultants.

4. Duration

These terms of reference expire on 31 December 2007.