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Strasbourg, 25 February 2016

CEPEJ-GT-EVAL(2016)4

EUROPEAN COMMISSION FOR THE EFFICENCY OF JUSTICE

(CEPEJ)

WORKING GROUP ON THE EVALUATION OF JUDICIAL SYSTEMS

(CEPEJ-GT-EVAL)

29th meeting – ad hoc meeting

25 February 2016

MEETING REPORT

Report prepared by the Secretariat

Directorate General of Human Rights and Legal Affairs

INTRODUCTION

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 29th meeting in Paris on 25 February 2016.

2.     The agenda and the list of participants appear respectively in Appendices I and II to this report.

I.          APPOINTMENT OF THE CHAIR OF CEPEJ-GT-EVAL FOR 2016-2017

3.     The Working Group appointed Mr Jean-Paul JEAN (France) as Chair of the group for 2016-2017.

II.         INFORMATION PROVIDED BY THE SECRETARIAT AND THE MEMBERS OF GT EVAL

 

4.     The Chair particularly welcomed Ms Mirna MIRNAUF (Croatia), substitute member of the Working Group.

 

III.        INFORMATION CONCERNING THE EVALUATION CYCLE 2014-2016

5.     The CEPEJ Secretariat informed the Working Group that all of the member states, except Lichtenstein and San Marino, were taking part in the evaluation exercise and had provided data for 2014 by means of the electronic questionnaire and the specific questionnaire on new technologies. The national correspondents appeared to have welcomed the last-mentioned questionnaire, which had been sent out for the first time. The Secretariat also informed the Working Group that Israel was taking part in the CEPEJ’s evaluation cycle for the second time.

6.     The quality control of the data and the re-organisation of the comments provided by the national correspondents to accompany their data were in progress and should be completed by late March.

7.     The Secretariat submitted a draft calendar which should make it possible to adopt the next report on the evaluation of judicial systems by the CEPEJ at its plenary meeting from 30 June to 1 July 2016. The report was to be published on 6 October 2016 at a press conference in Paris and would first be presented to the Committee of Ministers on 5 October.

8.     The Secretariat also informed the Working Group of the progress made in putting in place a new tool for collecting, analysing and presenting data.  The “Tableau”[1] software had been chosen to present data and would be used for the next report. Discussions were continuing on the two other modules for collecting and analysing data. All of these new tools would be put in place for the next evaluation cycle. However, the Secretariat wished to test the modules for collecting and analysing date during the next data collection campaign, which would begin in June 2016 as part of the next CEPEJ study to be carried in the context of the EU Scoreboard.

IV.       EXPECTED RESULTS FOR PUBLICATION OF THE NEXT EVALUATION CYCLE

9.     The Secretariat then presented the form which the next report on the evaluation of judicial systems should take. It would be divided into three main parts:

-       a report on the key themes (paper version);

-       a specific thematic report;

-       an electronic presentation of available, useable data in the form of a data basis using the “Tableau” software.

Report on the key themes

10.  The CEPEJ-GT-EVAL agreed to entrust scientific experts with the drafting of certain sections of the   report on the key themes and the specific thematic report. This work would be carried out by the scientific experts on the basis of the information processed by the Secretariat in the form of tables, graphs and maps. The preparation of the different sections of the report on the key themes would be supervised by the Secretariat and the members of CEPEJ-GT-EVAL.

11.  According to document CEPEJ-GT-EVAL(2016)2, prepared by the Secretariat, the following themes had been selected and the members of GT-EVAL proposed in particular that the following sections be revised and, if necessary, rewritten, as a priority :

·         Budgetary resources allocated to the courts (without studying the budget of the entire judicial system)

Legal aid

GT-EVAL member following work on the section as a priority: Jean-Paul JEAN

·         Administration of the courts (Mirna MINAUF)

Users of the judicial system (Jaša VRABEC)

·         Court staff and judicial auxiliaries: judges, prosecutors, court registrars, lawyers –  if possible lawyers should be connected to this part (Jean-Paul JEAN – Ramin GURBANOV)

 

·         Efficiency of courts and public prosecutors’ offices (Simone KREβ – Adis HODZIC)

12.  It was agreed that, in each section, definitions of the data processed would be highlighted in a box.

13.  It was understood that the scientific experts would do preparatory work which would not be considered to belong to them but would remain the work of CEPEJ-GT-EVAL and, finally, of the CEPEJ.

14.  The CEPEJ-GT-EVAL instructed the Secretariat to contact possible scientific experts and Jean-Paul JEAN proposed to make contact with some of them in advance.

15.  They would be invited to spend a day in Strasbourg to work with the Secretariat to understand the methods for collecting and processing data. They would also be invited to attend the next CEPEJ-GT-EVAL meeting and the national correspondents’ plenary meeting.

Specific thematic report

16.  The theme chosen by the Working Group for the thematic report was the use of new information technologies in courts. The Group agreed that the expert in charge of this particular report would determine, in collaboration with the CEPEJ Secretariat and in the light of the documents provided for the drafting of the report, a more precise theme for the specific report, which should avoid the risk of approaching the subject from too general an angle and avoid duplication. 

Database

17.  The Secretariat presented the document CEPEJ-GT-EVAL(2016)3 setting out the structure that might be proposed to the public by electronic means in the form of a dynamic database and models  for the presentation of data on the basis of the “Tableau” software.

18.  The Group was very satisfied with these initial results which gave excellent added value to the evaluation exercise and were a new and important step in the presentation of the CEPEJ’s results.

19.   It was agreed that the results of the survey be divided into two parts:

·         a dynamic part offering access to and use of data relating to a body of key issues, in respect of which  the public would be allowed to make certain scientifically acceptable comparisons; on a case-by-case basis, it would be possible to broaden access to and use of data to the national  correspondents or researchers approved by the CEPEJ, in a manner still to be determined;

·         a static part, which would not allow the comparison of data but would nevertheless make it possible to screen results and present them in various forms (maps, correlations, histograms).  

V.         OTHER BUSINESS

20.  The Secretariat informed GT-EVAL of Latvia’s request for co-operation in carrying out a thorough   evaluation of the functioning of its judicial system in the context of a programme funded by the European Union. The co-operation would initially be based on the outcome of the 2014-2016 evaluation cycle and would be carried out between September 2016 and the end of 2017. A team of CEPEJ experts would be set up to work with the team in charge of carrying out this evaluation in Latvia.

It was agreed that the CEPEJ would provide technical and scientific support for this work, which would be placed under the responsibility of the Latvian authorities. The Secretariat called for volunteers to join this team. Jean-Paul Jean said that he would be able to provide support from early 2017 onwards.

21.  The World Bank had asked the CEPEJ Chair and the Secretariat to forward the entire database to it. CEPEJ-GT-EVAL agreed that the data could only be forwarded to the CEPEJ’s partners in the context of a specific project which it had approved, in accordance with the long-established rules that were still in force.


Appendix I

Adoption of the agenda / Adoption de l’ordre du jour

1.             Appointment of the Chairperson of the CEPEJ-GT-EVAL for 2016-2017 / Désignation du Président du CEPEJ-GT-EVAL pour 2016-2017

2.             Information by the Secretariat and the CEPEJ-GT-EVAL members / Information du Secrétariat et des membres du CEPEJ-GT-EVAL

3.             Information on the 2014 – 2016 evaluation cycle (replies to the Scheme) and calendar / Information concernant le cycle d’évaluation 2014 – 2016 (réponses au questionnaire) et calendrier

4.             Expected outcomes to be published from the evaluation exercise / Résultats attendus à publier à partir de l’exercice d’évaluation

a.     Key data report for the next publication / Rapport sur les données clefs en vue de la prochaine publication

                                          i.    Discussion on the content  / Discussion sur le contenu

                                         ii.    Methodology for preparing the report (including the appointment of  possible scientific experts) / Méthodologie pour préparer le rapport (y compris la désignation de possibles experts scientifiques)

b.    Electronic version for presenting the information / Version électronique pour présenter les informations

c.     Discussion on the content of the specific report for the next publication / Discussion sur le contenu du rapport spécifique en vue de la prochaine publication

                                          i.    Discussion on the content / Discussion sur le contenu

                                         ii.    Methodology for preparing the report (including the appointment of a possible scientific expert) / Méthodologie pour préparer le rapport (y compris la désignation de possibles experts scientifiques)

5.             Peer evaluation visits / Visite d’évaluation par les pairs

6.             Any other business / Questions diverses


Appendix II

List of Participants / Liste des participants

Members / Membres

Ramin GURBANOV, Judge, Baku City Yasamal District court, Baku, AZERBAIJAN

Adis HODZIC, Senior Advisor for Statistics High Judicial and Prosecutorial Council of Bosnia and Herzegovina,Sarajevo; BOSNIA AND HERZEGOVINA

Jean-Paul JEAN, Président de Chambre, Directeur du service de documentation, des études et du rapport, Chef du service des relations internationales, Cour de Cassation, Paris, FRANCE

Simone KREβ, Vice-President, Landgericht Köln, GERMANY

Frans Van der DOELEN, Programme Manager of the Department of the Justice System, Ministry of Justice, The Hague, THE NETHERLANDS

Apologized / excusé

Jaša VRABEC, Senior Judicial Adviser, President's Office, Supreme Court of the Republic of Slovenia, Ljubljana, SLOVENIA

Mirna MINAUF, EU and International Co-operation Directorate, Service for European Union Ministry of Justice, Zagreb, CROATIA

PRESIDENT OF CEPEJ / PRESIDENT DE LA CEPEJ

Georg STAWA, Head of Department Pr 8, Projects, Strategy and Innovation, Federal Ministry of Justice, Apologized / excusé

Secretariat / Secrétariat

DGI – Human Rights and Rule of Law - Division for the Independence and Efficiency of Justice /

DGI -  Droits de l’Homme et Etat de droit - Division pour l’indépendance et l’efficacité de la justice

E-mail: [email protected]

Stéphane LEYENBERGER, Head of Division/Chef de Division, Executive Secretary of the CEPEJ /Secrétaire executive de la CEPEJ – Tel: 33 3 88 41 34 12, e-mail: [email protected]

Christel SCHURRER, Administrator / Administrateur - Tel : +33 3 90 21 56 97, e-mail: [email protected]

Yannick MENECEUR, Special Advisor to the Secretariat of the CEPEJ / Conseiller spécial auprès du Secrétariat de la CEPEJ - Tel : 33 3 90 21 53 59, e-mail: [email protected]

Lidija NAUMOVSKA, Statistician / Statisticienne – Tel : +33 3 88 41 22 49, e-mail: [email protected]

Emily WALKER, Assistant / Assistante -  e-mail: [email protected]

INTERPRETERS / INTERPRETES

Philip MINNS

Léa OUEDRAOGO

Robert WOLFENSTEIN



[1] Link to the presentation of the "Tableau" software: http://www.tableau.com/fr-fr