Strasbourg, 9 December 2005                                                                              CEPEJ (2005) 9

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE

(CEPEJ)

Programme of activities 2006

1.                   Faced with the need to bring justice closer to citizens and to improve the efficiency and the functioning of judicial procedures, the Committee of Ministers, through Resolution (2002) 12, set up the European Commission for the Efficiency of Justice (CEPEJ), so as to bring in a new phase of activity focusing on the actual implementation of existing European standards in the field of justice.

2.                  Against this background, and under Article 2 of its Statute, the CEPEJ is required to: 

i.        examine the results achieved by the different judicial systems, using common statistical criteria and means of evaluation,

ii.      define problems and areas for possible improvements, and to

iii.    identify concrete ways of improving the measurement and functioning of member states’ judicial systems, having regard to the specific needs of each country.

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

4.                  This programme of activities 2006 was prepared in the framework of the CEPEJ medium term activity programme (CEPEJ (2005) 10), following the working principles and priorities which are defined in it.

5.                  The programme of activities is implemented under the authority of the CEPEJ, in keeping with the competencies prescribed in Res(2002)12.  Within the scope of its powers, the CEPEJ Bureau prepares the implementation of this work and proposes guidelines. 

6.                  This programme of activities for 2006 is designed around the four areas of competence covered by the CEPEJ:

            i.          setting-up of tools for analysing the functioning of justice and ensuring that public                  policies on justice are geared to greater efficiency,

ii.         implementation of European rules and standards concerning the efficiency of justice,

iv.        specific assistance at the request of one or several State(s),

v.                  direct relations between users of the justice system and justice professionals.

General competences of the CEPEJ	Objectives	Tasks	Activities	Competent body(ies)	Associated body(ies) / person(s)	Available documents
To develop tools for analysing the functioning of justice and ensuring that public policies of justice are geared to greater efficiency	To evaluate the European judicial systems on a regular basis	To prepare and adopt the evaluation report of judicial systems (edition 2006)	September 2005 : The revised Scheme on evaluation was sent to the States (p.m)	Secretariat	Scientific expert Network of national correspondents entrusted with data collection CCJE / CCPE / Observers to the CEPEJ Professionals of communication	Report on European judicial systems 2002 Revised Scheme for evaluating judicial systems (CEPEJ (2005) 2 Rev 2) Explanatory note to the Revised Scheme for evaluating judicial systems (CEPEJ (2005) 3 Rev 2)
			15 January: deadline for collecting data 2004 by the Secretariat through the revised Scheme
			a) February – April: - data processing by a scientific expert - preparation of the "draft report for evaluating judicial systems –Edition 2006” by the CEPEJ-GT-EVAL b) Beginning of April : - Consultation meeting with national correspondents - other consultations, if appropriate c) Beginning of May:  the draft Report is submitted to the  member states	CEPEJ-GT-EVAL (see terms of reference in Appendix)
			June : examination of the "Final Draft report on evaluation – Edition 2006" by the CEPEJ in view of its adoption Adoption of an appropriate publication policy	CEPEJ plenary
			September/ October : publication of the "Report for the evaluation of judicial systems –Edition 2006”	Secretariat
			Autumn: Conference for presenting the Report (subject to budget availabilities)	CEPEJ-GT-EVAL
		Preparation of the future exercises of evaluation	Establishment of a list of essential data for the evaluation  Formulation of recommendations to the states concerning the collection of statistical data.	CEPEJ-GT-EVAL	Scientific Expert entrusted with data processing Network of national correspondents entrusted with data collection
	« Letting the figures speak for themselves »	Analyse of the results of the evaluation exercise	Preparation of recommendations to states for improving the functioning of judicial systems (1 meeting in 2006, to be continued in 2007)	CEPEJ-GT-EVAL
To promote the implementation of European standards in the field of efficiency of justice in the member states	Reaching optimum and foreseeable timeframes of proceedings in European courts	Expressing in concrete measures the lines of action of the framework programme on judicial timeframes	Finalisation and exploitation of the study on the situation of judicial timeframes in the ECHR case-law Finalisation and exploitation of the study on time management in Nordic courts Finalisation of the compendium of best practices  designed to implement the Framework Programme of the CEPEJ for optimum and foreseeable timeframes for judicial proceedings Dissemination of the checklist of indicators on time management in courts Elaboration of a typology of cases and the corresponding timeframes of proceedings	CEPEJ-TF-DEL ( see terms of reference in appendix ) New Working Group of the CEPEJ to be designated (see draft terms of reference in Appendix)	Network of pilot courts Scientific Expert (Ms CALVEZ) Finnish National Research Institute for Legal policies Department for the execution of judgements of the ECHR Venice Commission Steering Committee for Human Rights (CDDH)	Interim Report Framework Programme: “A new objective for judicial systems: the processing of each case within an optimum and foreseeable timeframe” CEPEJ (2004) 19 Rev
	Improving the efficiency of alternative dispute resolutions	Assessing the impact in the member states of the Recommendations of the Committee of Ministers relating to mediation	Drafting guidelines and specific measures aimed to ensure an effective implementation of the existing Recommendations		Close co-operation with the CDCJ and the CCJE CCPE	Action plan adopted at the 3rd Summit of the Council of Europe Recommendation :  - Rec(98) 1 on family mediation - Rec(99) 19  concerning mediation in penal matters - Rec(2001)9 on alternatives to litigation between administrative authorities and private parties - Rec(2002) on mediation in civil matters
Specific assistance at the request of member states	Depending on member states’ requests
	Effective execution of court decisions against the State and its entities Reduction of timeframes of proceedings in enforcement and case backlogs in Croatia and Slovenia	Drafting of expert recommendations on specific issues according to the request of the Russian authorities Confronting experiences and organising a discussion on the chosen subject	Meeting of the CEPEJ expert team and preparation of specific recommendations for implementing the CEPEJ Report Activity organised at the request of Slovenia and Croatia on a concrete subject of common interest to be defined depending of the progress of their reforms on the judicial organisation and the reduction of the timeframes (ex. Setting up of Rechtspfleger, enforcement timeframes, etc.)	CEPEJ expert team CEPEJ Group of experts to be designated, depending on the subject chosen by the 2 states	Delegation of the Russian Federation Ministries of justice of Slovenia and Croatia	Report adopted by the CEPEJ in its 6th meeting (CEPEJ (2005) 8)
Relations with the users of justice	Bringing  the judicial system closer to the European citizens	Organising the 4th European Day of civil Justice– 25 October 2006	Promoting national initiatives Organisation of the 2nd edition of the "Crystal Scales of Justice" - European prize for innovative practice contributing to the quality of civil justice	CEPEJ plenary Secretariat	European Commission Jury of the "Crystal Scales of Justice"	Organisational Charter of the EDCJ Rules of the "Crystal Scales of Justice"
	Providing the legal community with a forum for discussion and suggestions		Organisation of  a Conference on the theme : "Efficiency and fairness of justice: complementarity and contradictions"	Secretariat Members of the CEPEJ	European Commission
			Organisation of the Conference on the theme “New IT solutions for courts, administration of justice and legal information systems”, Vienna, 31 May – 2 June 2006	Secretariat Members of the CEPEJ	Ministry of Justice of Austria European Commission
			Sponsoring of  university thesis		European universities
			Development of the website, including the CEPEJ Files Participation of representatives of the CEPEJ in other fora		European and international organisations, member States

Appendix I

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 a communication strategy which ensures that the results of this pilot exercise for evaluating judicial systems receive due prominence;

b.                  revise the evaluation scheme in the light of the conclusions of the pilot exercise to ensure the relevance of the exercise of evaluation of the European judicial systems, as an ongoing process;

c.                   draw up a list of essential data for evaluation purposes and make recommendations so that States organise their statistics collection systems so as to be able to supply those data in future;

d.                  make proposals for appropriate exploitation of the results achieved through the evaluation exercise and formulate if possible concrete guidelines in order to improve the efficiency of judicial systems in Europe.

2.         Composition

The CEPEJ-GT-EVAL shall be composed of 6 members of the CEPEJ or other experts appointed by the CEPEJ who have an in-depth knowledge in the field of the evaluation of judicial systems. 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-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 3 meetings in 2006. 

It will rely on particular the network of national correspondents entrusted with the fulfilment of the Scheme. 

In carrying out its terms of reference, the CEPEJ-GT-EVAL may seek the advice of external experts and have recourse to studies by consultants.

4.        Duration

These terms of reference expire on 31 December 2006.

Appendix II

1.         Tasks

Under the authority of the European Commission for the Efficiency of Justice, the Task Force on timeframes of proceedings (CEPEJ-TF-DEL) is instructed to translate into practical measuresthe Lines of Action set out in the Framework Programme entitled "A new objective for judicial systems:  the processing of each case within an optimum and foreseeable timeframe" (CEPEJ (2004) 19 Rev).

The CEPEJ-TF-DEL shall in particular:

1.                               Examine the timeframes for judicial procedures by:

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

b.      studying the standards for reasonable time and the causes for delays, including by studying cases dealt with by the European Court of Human Rights;

c.       providing an analytical tool with a view to possible reforms.

2.                  Specify the Lines of Action regarded as priorities and then define on this basis the work plan by giving priority to practical measures with direct impact on timeframes and paying special attention to users of the justice system;

3.                  Elaborate, on the basis of the experiences of Member States, a Compendium of best practices in Europe for improving procedure timeframes, to be regularly updated. 

In order to fulfil its tasks, the CEPEJ-TF-DEL shall in particular:

·        examine member States’ comments on the Framework Programme;

·        articulate its works with the works of the CEPEJ-GT-EVAL as regards timeframes of proceedings, namely on the basis of the results of the evaluation exercises through the Evaluation Scheme;

·        rely on appropriate networks allowing the integration of the works and reflections of the judicial community, in particular on a network of pilot courts within the member States[1], to exploit innovative projects aimed at reducing and adjusting the timeframes      operated by courts in member States. 

2.         Composition

The CEPEJ-TF-DEL shall be composed of 6 members of the CEPEJ or other experts appointed by the Bureau of the CEPEJ 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 CEPEJ-TF-DEL 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-TF-DEL, 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-TF-DEL will held 3 meetings in 2006. 

In carrying out its terms of reference, the CEPEJ-TF-DEL may seek the advice of external experts and have recourse to studies by consultants.

4.        Duration

These terms of reference expire on 31 December 2006.

Appendix III

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

2.         Composition

The CEPEJ-GT-MED shall be composed of 6 members of the CEPEJ or other experts appointed by the CEPEJ who have an in-depth knowledge in the field of mediation and other measures of alternative dispute resolution. 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, 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 2 meetings in 2006.

In carrying out its terms of reference, the CEPEJ-GT-MED may seek the advice of external experts and have recourse to studies by consultants.

4.        Duration

These terms of reference expire on 31 December 2006.