An International Symposium, an Inter-professional Dimension
After the great success of its first international forum of judicial officers in Oran on 5 and 7 February 2010, the Regional Chamber of Judicial Officers of Western Algeria, organized under the auspices of the Ministry of justice of Algeria, its second forum in Oran "el-Bahia" ("the radiant") on the theme of the judicial officer, reflecting a contemporary justice, in cooperation with the UIHJ and the National Chamber of Judicial officers Justice of Algeria.
Judicial officers from Belgium, Burkina Faso, Cameroon, France, Mauritania, Morocco, Niger, Senegal, Togo and Tunisia, were in attendance to meet their Algerian colleagues for two exceptional days of meetings and exchanges.
The UIHJ delegation was led by Jacques Isnard, Honorary President of the UIHJ, replacing President Leo Netten, held in Vienna in the framework of the European Law Institute. The delegation included Mohamed Chérif (Algeria), Vice Treasurer of the board, Marc Schmitz (Belgium), board member, Françoise Andrieux, general secretary, and Mathieu Chardon, 1st secretary.
The international character of the conference was topped by a strong inter-professional dimension, with the participation of several other professions (lawyers, auctioneers, notaries, prosecutors, judges, academics), as well as an insurance fund for self-employed workers.
The international aspect of the event was further enhanced by the presence of The Hague Conference on Private International Law, represented by its Secretary General, Christophe Bernasconi.
Si Abed Bashir, President of the Regional Chamber of Judicial officers of Western Algeria, the organizer of the event, said how happy he was to welcome all participants specially those coming from far away. He particularly thanked the UIHJ, the Hague Conference and the foreign delegations for their presence. Redouane Benhammou, president of the National Chamber of Judicial Officers of Morocco and President of the Arab Maghreb Union of Judicial officers, in turn welcomed the organization of this conference.
Djane Hamed Sid Ahmed, President of the National Chamber of Judicial officers of Algeria welcomed all participants and stakeholders, in particular the UIHJ and the Hague Conference, stressing the importance of the Hague Convention of 15 November 1965 on cross-border service of documents.
President Isnard welcomed the representatives of the high authorities. He said that President Netten regretted not being able to attend, held by the work of the European Law Institute of which the UIHJ is a founding member. He praised the strong relationships that link Algeria and the UIHJ for the past twenty years. For the past ten years, the UIHJ visited Algeria each year. He recalled that Algeria is represented at the board of the UIHJ by Mohamed Chérif, who begins his third term. After greeting the action of Mohamed Chérif, the honorary president of the UIHJ drew a portrait of the judicial officer, an essential element of the judicial institutions yet poorly understood.
Jacques Isnard criticised the situation according to which the judicial officer is bound by an obligation of result. He hoped that the rules concerning his mandate could be better defined. The judicial officer is not responsible for enforcement at all cost. The judicial officer acts as a mediator. He is involved in the amicable resolution of disputes. However, the judicial officer is the strength of civil constraint.
According to him, a reform of the rules of the judicial officer's mandate should be carried out to remove the uncertainty about his actions. He mentioned the need to implement a system for a more flexible enforcement. This would allow the judicial officer to take legal action based on the actual situation of the debtor. He drew the attention of young colleagues on the profession they exert, a legal profession. What will be the use of the judicial officer tomorrow if everything is done electronically? he asked himself. The profession must participate in the reforms in this area. Otherwise, it may be stop developing. Jacques Isnard noted with satisfaction the presence of Tunisia and Mauritania. Finally, he praised the organisation of the forum, including the work done by Fahima Khaldi, judicial officer in Oran, and Mohamed Chérif.
Ahmed Ali Salah, Director of Civil Affairs and the Seal of the Ministry of Justice of Algeria, mentioned the involvement of the Ministry of Justice in the forum. He said that Mohamed Charfi, ministry of Justice of Algeria was held by another commitment and regretted not being able to be present. He added that he appreciated the relevance of the theme of the conference, that he would be very attentive to the results and wished everyone a fruitful work. Then Abdehaziz Hadri, Chairman of the Scientific Council of the conference, presented the work that would take place during the next two days, focusing on its extent and importance.
Rebalance Economic Forces of Society
The forum, perfectly organized in the huge conference hall of the Congress Palace of Oran, was widely reported by the media who came in numbers. Nearly thirty speakers took the floor. The second forum of Oran was divided into three panels. The first panel featured various aspects of the judicial officer. Chaired by Françoise Andrieux, it consisted of two communications. The first concerned the intervention of a judicial officer as a provider of economic activity.
Three speakers successively took the floor: Abdenour Boutouchent, lawyer, lecturer at the University of Tizi Ouzou, Sekkache Sassi, President of the Regional Chamber of Judicial Officers of Eastern Algeria and Alain Ngongang, President of the National Chamber of judicial officers of Cameroon. Abdenour Boutouchent said that Algeria has undertaken an upgrade of its institutions to comply with the globalization process that should exist in a climate of legal certainty. Legal actors including judicial officers play a role in this integration, before, during and after the trial.
The judicial officer helps to reduce the number of cases brought before the courts, particularly in the field of debt collection or in the constitution of evidence. This professional also works with the consumer. He is present between the citizen and justice. He helps to rebalance economic forces of society. According to Mr Boutouchent, powers of judicial officers should be strengthened in the search of information about debtors' assets. He insisted on extending the actions of judicial officers. There is a relationship between the judicial officer and the new requirements of international trade. The judicial officer should act to protect consumers against professionals.
Sekkache Sassi said that the role of the judicial officer in the economy is a particularly relevant topic. It is the consequence of the globalization of economy. The role of the judicial officer is seen through fundamental principles, including strengthening evidence through statements of facts. He emphasized the direct and indirect roles of the judicial officer to enhance the security of trade.
Alain Ngongang, for his part, raised the issue in the aspect of the Ohada law. Within Ohada boundaries, the judicial officer is an economic actor. His presentation consisted of two parts. He showed firstly that this African organization is a legal framework conducive to business. In a second time, he explained how the judicial officer is a key player in the economic development of Ohada. In this regard, the OHADA Uniform Acts are modern and appropriate legal instruments. They allow professional enforcement officers to fully act as economic agents.
The second communication concerned the judicial officer in his capacity as guarantor of a fair trial. It involved Jafar Douadi, judicial officer (Algeria), Abdelhamid Graoui, judicial officer (Tunisia), Redouane Benhamou, and Rose-Marie Bruno, judicial officer (France), and honorary member of the UIHJ, Ufohja expert and expert at the National School of Procedure of Paris. The four speakers discussed the outline of the creation of a fair trial from the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, especially those relating to the right to enforcement ( Hornsby versus Greece case), and the developments within the Council of Europe concerning the profession of judicial officer and enforcement of court decisions: Recommendation 17 of the Council of Europe of 9 September 2003, the CEPEJ guidelines of 17 December 2010, these documents probably being at the basis of the harmonization of the profession in the world, and therefore the ultimate expression of a fair-trial.
The Judicial Officer, Strong Link in the Chain of Justice
The second panel was again chaired by Francoise Andrieux. The theme was statements of facts carried out by the judicial officer, an authentic document which guarantees legal certainty. It consisted of three communications.
The first communication dealt with statements of fact by judicial officers, a way to strengthen external links. Speakers were Yahia Nekmouche, President of the Chamber of Auctioneers of Central Algeria and Mohammed Sebagh, President of the Regional Chamber of Notaries of Western Algeria. Both speakers drew the contours of statements of facts carried out by judicial officers. They did not fail to say that the judicial officer is the strong link in the chain of justice. The judicial officer has strong authority.
The second communication concerned the need to decriminalize judicial officer's actions. This theme was treated successively by Kamel Himeur, Deputy Attorney General and Secretary General of the Union of Magistrates of Algeria, Mohand Amoukrane Dali, lawyer, member of the Bar and lecturer at the University of Oran, and Brahim el Hachemi, advisor to the Criminal Chamber of the Supreme Court of Algeria.
Kamel Himeur compiled an inventory regarding outrages and rebellion. During a very lively speech, he denounced the current situation in Algeria where many unfounded or procrastinating complaints are filed against judicial officers. He explained that the Public prosecutor's Department acts as a filter so that judicial officers are not unnecessarily worried.
Mohand Amoukrane Dali recalled what the functions of the judicial officer are. The judicial officer is of paramount importance. He exerts extrajudicial and judicial functions. He highlighted the disappointment which the judicial officers are submitted to in case of complaints against them and not followed by sanctions as well as the damage they cause to the judicial officers and their reputation, with no compensation.
Brahim El Hashemi reviewed the various laws concerning the status of the Algerian judicial officer and the rules to which he is subjected. The judicial officer is the guarantor of the content of the document he serves because he is a public and ministerial officer. He is submitted to civil, professional and criminal liability.
Then the third communication discussed the social future of the judicial officer through mutualistic actions regarding contributions and pensions. Speakers were Nouredine Abid, Director of the Regional Insurance Fund for self-employed workers (Algeria), André Botcho Sama, President of the National Chamber of Judicial Officers of Togo, Marc Schmitz and Abdellah Edderkaoui, judicial officer (Morocco).
Nourredine Abid presented the Regional Insurance Fund for self-employed workers. André Sama Botcho discussed the situation of the judicial officer in Togo and its development prospects following a law of 2011 concerning self-employed and forcing them to comply with the provisions of the Code of Social Security. He said that judicial officers want to implement mutualistic system for themselves.
Marc Schmitz shared the experience of judicial officers in Belgium and Germany in the field of social protection. He stated that the compulsory system is insufficient in Belgium, where the judicial officer is required to contribute to a supplementary insurance. In Germany, the situation is quite different. Judicial officers are civil servants. They can expect to get 75% of their previous income for their retirement, excluding voluntary contributions which they can subscribe. Finally, Abdellah Edderkaoui took the floor to present the situation of the judicial officers of Morocco as regards social protection.
New Opportunities for Judicial Officers
The third panel concerned Information and Communication Technology (ICT). It was chaired by Alain Ngongang. The first communication focused on the modern judicial officer and the Word Wide Web. The speakers were Mohamed Bousmaha, judicial officer, member of the Regional Chamber of judicial officers of Central Algeria, and Mathieu Chardon. Both speakers emphasized the importance of ICT and opportunities for judicial officers. In particular, they discussed electronic signature, electronic service of documents, electronic statement of facts, International networks of judicial officers, electronic enforcement, the security of electronic exchanges, electronic auctions or the creation of a platform of interoperability between the judicial officers, the Trust Digital Project, a project presented by Alain Bobant, President of the National Federation of Trusted third party, on the occasion of the International Congress of judicial officers in Cape Town (South Africa ) in May 2012.
The second communication was on the outlook for electronic Web for the judicial officer. Alain Bobant couldn't be physically present. So he made his presentation through a Skype connection, to better support the reality of web technologies. Following each of his presentations, Alain Bobant urged his colleagues to mobilize for a harmonized and coordinated implementation of ICT. For him, this interoperability between judicial officers is essential for optimum development of the profession.
The third communication, by Christophe Bernasconi, Deputy Secretary General of the Hague Conference on Private International Law, concerned the Hague Convention of 15 November 1965 on the cross-border service of judicial and extrajudicial documents in civil and commercial matters. Mr Bernasconi presented the many benefits of this instrument to drastically shorten the delays when it comes to serve a document abroad. The 1965 Convention has been ratified by 67 countries. Unfortunately on the African continent, only four countries have ratified the convention (Botswana, Egypt, Malawi and Morocco). He called for a future signature to the convention with all countries present and particularly with Algeria.
Finally, a roundtable helped provide recent information on the profession. It was chaired by Mohamed Chérif. Several topics were addressed: the Code of Ethics by Françoise Andrieux, the management of an office of judicial officer by Freddy Safar, President of the Regional Chamber of Judicial officers of Paris (outside Paris), the control of the profession of judicial officer justice by Brahimi El Hachemi, the training of judicial officers by Rose-Marie Bruno, and the debt recovery by Farid Mahtougui, judicial officer and lecturer at the University of Sidi Bel-Abbes (Algeria).
The summary report of the second international forum of Oran followed the presentations. It was lectured by Abdelaziz Hadri, President of the Scientific Council of the Regional Chamber of Western Algeria. After two intense days in a particularly warm and friendly atmosphere, came the time to pay tribute to Fahima Khaldi who has been working for several months to make this event a success that will call for others.
Once again, our Algerians colleagues did demonstrate their ability to organize seminars on an international scale. Despite difficult regional geopolitical situation, the Regional chamber of judicial officers of Western Algeria and the National Chamber of Judicial officers of Algeria were again able to gather in Oran judicial officers from eleven countries. One can only hope that the Oran Forum perpetuates to become a rendezvous for all judicial officers of the Maghreb region.
