1st Global Forum on Enforcement

 

Over sixty countries from Europe but also Africa and America attended the event organised to mark the 5th anniversary of the CEPEJ Guidelines on enforcement.

The creation of the European Commission for the Efficiency of Justice (CEPEJ) by the Council of Europe in 2002 demonstrates the will of the Council of Europe to promote the Rule of Law and Fundamental Rights in Europe, on the basis of the European Convention on Human Rights, and especially its Articles 5 (Right to liberty and security), 6 (Right to a fair trial), 13 (Right to an effective remedy), 14 (Prohibition of discrimination).

The aim of the CEPEJ is the improvement of the efficiency and functioning of justice in the member States, and the development of the implementation of the instruments adopted by the Council of Europe to this end.

Its tasks are:

•    to analyse the results of the judicial systems
•    to identify the difficulties they meet
•    to define concrete ways to improve, on the one hand, the evaluation of their results, and, on the other hand, the functioning of these systems
•    to provide assistance to member States, at their request
•    to propose to the competent instances of the Council of Europe the fields where it would be desirable to elaborate a new legal instrument.

(Source: CEPEJ)

The UIHJ is an observer member of the CEPEJ. It attends twice a year its plenary meetings. In 2003, it participated in the development of Recommendation Rec(2003)17 of 9 September 2003 of the Council of Europe on enforcement. In 2009, it took part in the working group of the CEPEJ on execution (CEPEJ-GT-EXE) that developed the Guidelines for a better implementation of Recommendation Rec(2003)17. These Guidelines were adopted on 10th December 2009 by the CEPEJ, and on 17th December 2009 by the Committee of Ministers of the Council of Europe.

The CEPEJ Guidelines on Enforcement can be downloaded:
On the CEPEJ website
On the UIHJ website

For the UIHJ, this document constitutes the cornerstone of the harmonisation of the profession of enforcement agent in Europe but also in the world. The UIHJ promotes it worldwide. It wanted to mark the 5th anniversary of this fundamental text by organising an international conference. Very quickly the idea was launched to organise an event jointly with the Council of Europe and the CEPEJ on the subject of enforcement.

The UIHJ is very grateful to the Council of Europe and the CEPEJ to have made available all technical and human resources that have helped give the event an international dimension of great magnitude.

More than 150 people from all horizons gathered at the Council of Europe on 10th December 2014 to attend this First Global Forum on Enforcement. In addition to the sixty countries represented, there was the presence of judges, law professors, students, the European Union of Rechtspfleger and representatives from the Department of Foreign Affairs and Ministry of Justice of France and Moldova.

The opening ceremony was attended by Gabriella Battaini-Dragoni, Deputy Secretary General of the Council of Europe, John Stacey, president of the CEPEJ and Leo Netten, president of the UIHJ.


Opening Speech of Gabriella Battaini-Dragoni, Deputy Secretary General of the Council of Europe

(Translation from French by the UIHJ)

On this International Day of Human Rights, it is an honour and a pleasure for me to open this event initiated by the International Union of Judicial Officers.

This is the first time that we devote to the issue of international and European context of the execution of judgments, such a dimension, in a venue like ours.

However, the execution of court decisions is an essential element of the judicial process.

You can have the best court decision, made within a reasonable time by an independent and impartial judge, if the decision is not executed, trial guarantees laid down in Article 6 of the European Convention on Human Rights have not been met.

In this, enforcement is a component of the efficiency and quality of judicial proceedings and therefore of fundamental rights guaranteed by the European Convention on Human Rights.

The non-execution of court decisions, along with the excessive length of judicial proceedings, one of the main reasons to address the Court and to the findings of violations under Article 6.

The need to comply with judicial decisions applies equally to those made by the national court - which constitute the heart of the debate today - as those rendered by an international court. Thus, our Committee of Ministers plays an essential role in the mechanism of protection of human rights as a guarantor of the implementation of the decisions of the European Court in Strasbourg.

The Council of Europe, the common European house of the rule of law, attaches particular importance to the enforcement of court decisions.

In its case law on Article 6 of the European Convention on Human Rights, the European Court of Human Rights emphasises consistently on how enforcement is an integral part of the legal process, and should be conducted in the full respect for fundamental principles.

The Committee of Ministers adopted in 2003 a recommendation on enforcement of court decisions (Rec (2003)17). As for the CEPEJ, in its role as promoter of European standards for justice, it gave policy makers and justice professionals additional tools to facilitate the implementation of this recommendation and in 2009 adopted the Guidelines to promote the implementation of the recommendation in the enforcement of court decisions.

The CEPEJ is working to make these provisions more concrete by preparing a compendium of good practices to illustrate, in the daily operation of justice, how enforcement officers in the Member States can make them operational.

The action of the International Union of Judicial Officers, as a whole and the Forum that day in particular, help to promote these essential standards.

The Council of Europe has opened beyond its 47 European members to broaden the discussion on the basis of norms and principles that have been mentioned, all states that want to grow according to the rule of law.

Everyone is welcome here, as between professionals we still have to learn from each other to be better together!

To cite one example: the Council of Europe, through the CEPEJ and the International Union of Judicial Officers, is currently working with the Moroccan authorities on enforcement procedures, within the framework of the policy known as "Neighbourhood" initiated by the Secretary General.

The International Union of Judicial Officers and the CEPEJ have chosen to work together in meeting today. Indeed, for the sake of pragmatism and efficiency, the CEPEJ opens its work to representatives of legal professionals, those who are at the end of the chain ensure the correct application of standards and the effective implementation of practices decided by the legislator and those in power.

This approach undoubtedly contributes to the credibility and success of the work of the CEPEJ, a staple in today's debate on justice in Europe and beyond.

I take this opportunity to publicly thank, on behalf of the Council of Europe, President John Stacey, who will end at the end of this week a term of 4 years as President of the CEPEJ, in the service of efficiency and quality of public policies of justice.

In conclusion, I hope that the work of this day will make it possible to raise awareness of the standards of the Council of Europe on enforcement of court decisions and encourage the CEPEJ, with the support of the International Union of judicial officers, to continue its work in this area.

Thank you for your attention.


Following her speech, John Stacey, president of the CEPEJ, welcomed all the participants. He thanked the CEPEJ Secretariat for having worked at the organisation of the Forum. After recalling the objectives of the CEPEJ, its actions and achievements, including through its working groups, he emphasised the importance for him of enforcement of court decisions. John Stacey recalled that he personally worked on the creation in 2009 of the working group on execution (CEPEJ-GT-EXE) that developed the Guidelines on enforcement of which we celebrate on that day their 5th anniversary since they were adopted exactly on 10th December 2009 at the 14th plenary meeting of the CEPEJ. He outlined the objectives set by the CEPEJ Guidelines emphasising the investment in their development of the UIHJ, represented by Leo Netten and Mathieu Chardon, 1st secretary. President Stacey said the CEPEJ would continue working with the UIHJ through a compendium of best European practices in enforcement of court decisions.

Then Leo Netten delivered the following speech.

Speech of Leo Netten, President of the UIHJ

Each legal profession has the privilege of working to help justice being fully involved in constructing and sustaining the rule of law. Lawyers ensure the defence of the interests of litigants. Judges say the law when they pass judgements. But what is the point of a court decision that cannot be enforced? None. The mission of judicial officers is precisely to enforce court decisions and other enforceable titles. From laws that are imposed on us, we must do our best so that what is at first only an intellectual legal reality becomes a reality for all parties.

This feature has not escaped the European Court of Human Rights. The Court has recognised in 2004 that the judicial officers work in the interest of the proper administration of justice, which makes them an essential element of the rule of law. It is true that our mission is fundamental. We are entrusted with a parcel of public authority.

Also, in my quality as an essential element of the rule of law, I am especially honoured to represent the profession of judicial officer at world level here in Strasbourg, in the heart of the Council of Europe, this great institution to whom the international progress as regards human rights owes so much.

Allow me, Madam Deputy Secretary General of the Council of Europe, to tell you how much your presence with us is appreciated on this day when we celebrate the fifth anniversary of the CEPEJ Guidelines on execution and where we organise, together with you, the First Global Forum on Enforcement.

As you know, for judicial officers, enforcement of judgments is intrinsically linked to the protection of human rights, whether the plaintiff, the defendant or third parties. For twenty years, you have put your trust in us. For twenty years, we have been participating with you in missions in many countries, to ensure that, together, these rights will be strengthened every day.

You have turned to us for the development of the recommendation of 9 September 2003 on the enforcement of court decisions.

The Council of Europe represents the promotion and defence of the values that we share in common with you. That is why we are particularly pleased and proud of the honour you do us by hosting the 1st Global Forum on Enforcement in this temple of human rights.

Mr Chair of the CEPEJ, for several years our paths have increasingly met. In recent months, considering the closeness of the collaboration between our two institutions, it looks as if we could not part.

From its inception in 2002, the CEPEJ has expressed its interest for the legal professions by inviting representative of their international organisations to participate as observer members at its plenary meetings since 2003 and then as permanent observer members from 2007. We are aware of the trust you place in us and for your time. We are overwhelmed by the relationship we have built with you, a relationship that can be described, I believe, as exceptional.

Having participated in numerous CEPEJ meetings, I can tell you that your organisation is unique in its operation but also in its spirit. The three successive presidents of the CEPEJ, Eberhard Desch, Fausto de Santis and yourself, Mr Stacey, have invented something extraordinary. The CEPEJ is the legal laboratory of Europe. In this laboratory, experiments are carried out to be implemented by other institutions and organisations and, of course by countries.

This could not have been accomplished without the spirit that lives in every member of the CEPEJ and to which we are particularly sensitive: passion. I have been in contact with the CEPEJ for a decade now. I see passionate people who lift mountains, either at the secretariat level, which in itself is a model of efficiency, competence and availability, or at the level of the board and of each country representatives as well as experts. As you can see, working with the CEPEJ is a great privilege and a source of endless pleasures.

Let us turn to the reasons that lead us to convene today. At the end of 2008, you asked the UIHJ, as an observer, to participate in a working group to develop guidelines for a better implementation of the Recommendation of the Council of Europe on 9 September 2003 on execution.

In less than a year, the Working Group on Enforcement drafted a text that changed the destiny of my profession. Exactly five years ago today on 10 December 2009 the Guidelines on Enforcement were adopted by the CEPEJ here in Strasbourg before being in turn adopted on 17 December 2009 by the Committee of Ministers of the Council of Europe.

I feel authorised to state that the Guidelines represent the perfect fusion of the concepts promoted by our two organisations. Upon adoption, we have considered, Mr. Chairman, that the Guidelines on Enforcement constituted de facto the model of enforcement agents not only at European level but equally at World level.

Since then, you are aware that we continue to ensure its dissemination and promotion wherever we go. The UIHJ includes 85 countries today. We organise or participate in more than one hundred events each year. You see, the opportunities have been numerous during the past five years.

A few weeks ago, you have announced that the CEPEJ Working Group on Quality of justice would include enforcement among its activities. I can only congratulate you for this wonderful initiative and bring you our full support. Moreover, we will begin to work together on a new project around the Enforcement Guidelines to illustrate each of its 82 points with examples of best practices.

We wanted to celebrate the 5th anniversary of the most important document on the profession of judicial officer. When we mentioned this idea, you gave us immediate support by offering us to organise it together. We deeply thank you for this.

Today our forum is truly global. Beyond the 47 member states of the Council of Europe, we are pleased to welcome representatives of over a dozen countries from Africa, America and Asia. I wish them all welcome.

During the day, we will of course discuss the Guidelines. But we will also discuss other topics: the different enforcement systems in Europe, the European case law on enforcement, the strengthening and harmonisation of civil enforcement procedures, and finally, the various tools of the CEPEJ and of the UIHJ to allow a fairer and more effective enforcement of court decisions.

Finally, I wish to extend my sincere thanks to all those who participated in the organisation of this forum, the secretariats of the CEPEJ and the UIHJ, and all the speakers for the quality of their contributions.

Our agenda being very busy, let me now end my speech wishing you all a great 1st Global Forum on Enforcement and a very happy birthday to the CEPEJ Guidelines on Enforcement.
 

The Necessity of an Efficient Enforcement

The forum was divided in two parts: the need for an efficient enforcement (I) and the tools to strengthen the efficiency of enforcement (II).

The first two workshops of this first part were chaired by Marc Schmitz, Judicial Officer (Belgium), member of the board of the UIHJ.

The first workshop dealt with the various European systems of enforcement. Vladimir Yarkov, Professor at the University of Ural Ekaterinburg (Russian Federation), member of the Scientific Council of the UIHJ, presented the various European systems. Then Guillaume Payan, lecturer at the University of Toulon (France), UIHJ consultant, addressed the European case law on Enforcement. He mentioned a book the UIHJ has just published on the European Case Law on Enforcement, enforcement agents and service of documents, he wrote with Natalie Fricero, professor at the University of Nice (France), member of the Scientific Council of the UIHJ. An issue of this book was handed to each participant.

The topic of the second workshop was the necessity to strengthen and harmonise civil enforcement proceedings. Dimitri Tsikrikas, professor at the University of Athens (Greece), said initially that the difficulties of cross-border enforcement are caused in part by differences in legal and enforcement models at national level and also by the lack of adequate regulation as regards the effects of the European Order for Payment. He mentioned the need for a better definition of procedural law at national level for enforcement orders, enforcement actions and remedies that may be exercised by the debtors, including in relation to fair trial in the Member State of origin of the enforceable title.

Tools to strengthen the efficiency of enforcement

The second part of the Forum related to the tools to strengthen the efficiency of enforcement.

Two types of tools were presented. A first workshop, chaired by Françoise Andrieux, judicial officer (France), Secretary General of the UIHJ, presented the existing tools. The CEPEJ tools, i.e. Recommendation Rec(2003)17 on Enforcement and the Guidelines on Enforcement were discussed by John Marston, High Court Enforcement Officer (United Kingdom), President of the CEPEJ Working Group on Enforcement, and by Mathieu Chardon, judicial officer (France), 1st Secretary of the UIHJ. The UIHJ tools, i.e. the Grand Questionnaire on Enforcement, and the Report on Enforcement were detailed by Bernard Menut, judicial officer (France), 1st Vice-President of the UIHJ and by Patrick Gielen, Judicial Officer (Belgium).

The second workshop, chaired by Bernard Menut, disclosed the new tools. The CEPEJ checklist and indicators on quality and efficiency of enforcement, were presented by François Paychère, President of the CEPEJ Working Group on Quality of Justice (CEPEJ-GT-QUAL). Mr Paychere announced that the CEPEJ-GT-QUAL has decided to work on best practices on enforcement according to the CEPEJ Guidelines on enforcement and that the UIHJ would be included in the work. The UIHJ Toolkits on Enforcement were presented by Jos Uitdehaag, judicial officer (The Netherlands), 1st Secretary of the UIHJ. Finally the project of the UIHJ of a Global Code on Enforcement was unveiled by Natalie Fricero, Professor at the University of Nice (France), Member of the Scientific Council of the UIHJ, and by Françoise Andrieux.

The text of the speakers can be downloaded on this page.

At the end of the interventions, an exchange with the audience allowed everyone to take part in the discussions.

The outstanding participation in the 1st Global World Forum on Enforcement showed the interest of the organisation of such an event.

Once again, the UIHJ thanks the Council of Europe and the CEPEJ for co-organising this event and for hosting it within the 24th plenary meeting of the CEPEJ.