Newsletter| N° 1: January - December 2021




Lien vers la version française / Link to French version

I have great pleasure in introducing you to the first issue of the Council of Europe’s Legal Co-operation Division’s newsletter. It will be of no surprise that this issue examines the many ways in which Council of Europe committees, working in this field, continue to work through the pandemic, and focuses primarily on the latest legal standards they have developed.

Livia Stoica Becht, Head of the Legal Co-operation Division (CDCJ, CCPE, CCJE)

Mr João Arsénio de Oliveira (Ministry of Justice, Portugal), CDCJ President, 1 January 2020 to 31 December 2021

Mr João Arsénio de Oliveira

discusses the impact of the Guidelines on the efficiency and the effectiveness of legal aid schemes in the areas of civil and administrative law, and how they improve legal aid assistance.

Council of Europe Guidelines on legal aid schemes in the areas of civil and administrative law

Existing legal aid schemes are not always practical and can be confusing and difficult for those who need to use them. Stefanie Lemke examines the Guidelines and how they can help member States improve the functioning of their legal aid systems in the areas of civil and administrative law.

Read our expert's insights ›

Council of Europe Guidelines on Online Dispute Resolution Mechanisms

Legal dispute resolution using online techniques and mechanisms has become increasingly widespread as it allows faster and less costly access to courts and dispute resolution more effective and efficient. However, this form of dispute resolution can present challenges. Remigijus Jokubauskas and Marek Świerczyński present the Guidelines.

Read our experts' insights ›

JUDGES

PROSECUTORS

The role of associations of judges in supporting judicial independence

Opinion No. 23 (2020), adopted by the Consultative Council of European Judges (CCJE) in November 2020, calls on member States to provide the framework in which the right of judges to associate and the right to freedom of expression can effectively be exercised, and to refrain from any interventions which might infringe on the independence of the associations of judges.

The role of prosecutors in emergency situations, in particular when facing a pandemic

Opinion No. 15 (2020), adopted by the Consultative Council of European Prosecutors (CCPE) in November 2020, highlights not only the implementation of their usual but also new or extended functions in emergency situations, and how to overcome any challenges in such situations. The Opinion provides concrete examples of practices in the Council of Europe member States and sets out a number of recommendations.

Evolution of the Councils for the Judiciary and their role in independent and impartial judicial systems

Opinion No. 24 (2021), adopted by the CCJE in November 2021, provides further guidance to policymakers, legislators and judges on the key aspects covering the key bodies of judicial autonomy called upon to safeguard the independence and impartiality of judges.

Implications of the decisions as regards the practical independence of prosecutors

Opinion No. 16 (2021), adopted by the CCPE in November 2021, provides an overview of the relevant jurisprudence of international courts, principally that of the European Court of Human Rights and other courts and treaty bodies concerning the independence of the judiciary in general, and of public prosecutors in particular.

Protection of the rights and best interests of the child in parental separation and in care proceedings

Council of Europe experts have undertaken a review of law, policy and practice in respect of parental separation and in care proceedings in order to provide guidance to members states on how to protect the best interests of the child in such situations. As a result of this review two distinct feasibility studies on these two topics have been prepared and published.

International Conference on Statelessness organised by the Council of Europe and the UNCHR

International Conference and Technical meeting of experts on Statelessness: Progress, Challenges and Opportunities

23-24 September 2021

Having a stateless status directly impacts the exercise of fundamental human rights and freedoms. In the videos below, Lynn, Raymond and Christina bear witness to the daily hardships and difficulties of statelessness.

Christiana Bukalo

Born in Germany as a stateless person, her experience directly reinforced her commitment and led her to create a digital platform, www.statefree.world, a space for communication and collaboration around statelessness.

Listen to her story ›

Raymond Santamaria

Raymond Santamaria was born in Goa and travelled to the UK on a British passport issued by the British High Commission in Mumbai. His passport and British citizenship were revoked by the Home Office a few months after his arrival. Since then, he has become a stateless person with a temporary residence permit.

Listen to his story ›

Lynn Al-khatib

Lynn Al-khatib was born in Syria to a Palestinian family. In 2014, Lynn arrived in Sweden as a stateless person. Since then, she has been committed to raising awareness about the impact of statelessness on people living in Europe, and advocates for better treatment of stateless people and respect for their rights.

Listen to her story ›




The Division for Legal Co-operation regularly publishes legal instruments, guidance and reports prepared by the CDCJ in the fields of public and private law. These publications reflect the experience and expertise of the Council of Europe's independent and/or governmental experts and are intended to provide guidance to member states in these areas.




Online Resolution mechanisms CCJE Collection of Opinions in civil and administrative court proceedings Efficiency and Effectiveness Study on the Profession of Lawyer of Legal Aid Schemes


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