Twofold Programs for UIHJ-Euros
Delegations arrived from Bulgaria, the Czech Republic, Estonia, Hungary, FYRO.Macedonia, Poland, Romania and Slovakia. Unfortunately, Latvia, Lithuania and Slovenia were not able to send their representatives. The guest of honour was Jacques Isnard, President of the UIHJ. The Board of the UIHJ was represented by Adrian Stoïca. The Polish National Chamber of Judicial Officers was represented by its Vice-president, Michał Redelbach, who is also the Secretary of EuroDanube. The participants were asked to exchange views on their current state of enforcement as well as describe their system of auctioning immovable.
UIHJ President Jacques Isnard congratulated Michał Redelbach on his activities, undertaken in order to promote the organization. The President also gave thanks to Miklós Krejniker for the preparation of the second EuroDanube meeting. Then he presented positions of Belarus and Russia in relation to UIHJ. Belarus shall confirm their signature of cooperation arrangement with UIHJ Permanent Council at the next meeting in Paris, in November 2008. President Isnard was invited to a meeting with the Russian Director of law enforcement system, Nicolai Vinnichenko, who declared that Russian judicial officers will become a part of UIHJ organization officially in November 2008, at the Permanent Council in Paris. The President of the UIHJ described his vision of the future activities of the Union, as well as the activities of other organizations under its aegis (EuroDanube, EuroMed, EuroNord, EuroScandinavia). He stated that UIHJ-EuroDanube meetings should be held once a year - as is the case with the EuroScandinavia Conference. The Secretaries of the Euro-organizations, under the authority of UIHJ, should have the right to govern an active management. Duties of UIHJ-EuroDanube Secretary should be determined and voted at meetings of National Councils of Judicial Officers in all member states. The Secretary should be appointed for a period of three years, with an option to extend this period. The office of Secretary UIHJ-EuroDanube should be occupied by a natural person or by the National Council of Judicial Officers, as is the case with the organization UIHJ-EuroNord. The same should apply to other organizations subject to UIHJ. Moreover, the Secretary should exercise his activities free of charge. Costs should be covered by the Secretary's National Council of Judicial Officers. Council will be granted a reimbursement from the other members of the Euro-organization if the costs are incurred as a result of the activities that go beyond the simple activities of a Secretary. UIHJ President Jacques Isnard proposed that all UIHJ-Euro Conference programs be twofold. The first part would concern the same issues that apply to all UIHJ-Euro organizations. These common topics should be chosen at the meeting of the UIHJ-Euro Secretaries, the first of which is to be organized on 26th November at the Permanent Council of Paris. All upcoming UIHJ-Euro seminars, that is EuroDanube, EuroMed, EuroNord and EuroScandinavia, should include that common topic on their agenda. The second part would be an optional topic, reflecting to the regional needs.
A Common History, a Common Present, a Common Future
At the request of the Hungarian Chamber of Judicial Officers, Michał Redelbach introduced a brief report on the status of the profession in Poland, and outlined the activities of EuroDanube in 2008. He distributed materials to conference participants, relating to law enforcement system in Poland, including execution against immovable, service of documents and initiation of the proceedings. In his speech, Secretary Redelbach informed colleagues from Hungary, that in Poland, bidding must be done traditionally, in the presence of a judge; other options are not provided in the Code of Civil Procedure.
Dr. Miklós Krejniker, President of the Hungarian Chamber of Judicial Officers, thanked all participants for their attendance. He announced the understandable reasons for the absence of the Slovenian representative, Tatjana Krivec Tavcar, and expressed his concern over the absence of the delegations from Latvia and Lithuania.
According to President Krejniker, UIHJ-EuroDanube unites those countries which have experienced political and economic oppression and therefore know how to invest a great deal of effort into regaining complete independence. For example, the first enforcement code of Hungary came into effect 125 years ago, and was strong enough to resist the destructive effects of 50 years of communism. This legal tradition helped us reform and restore the Hungarian system of independent judicial officers.
“We can certainly state that we, i.e. Poland, the Czech Republic, Slovakia, Romania, Bulgaria, we all share a common history, we struggle with similar problems in our legal systems, and also indirectly in our profession, which is enforcement. We should neither forget our other neighbours, Ukraine, Serbia and Croatia, and should support them in rejoining this big family. Not only do we share a common history, but also a common present and future”, President Krejniker said. At time of the current economic depression, the strengthening and unification of enforcement gains crucial importance. It is therefore our common goal to make enforcement a known and acknowledged fundamental institution of justice in each of our countries, especially amidst the competition with the debt collection and factoring agencies. This can only be achieved by joining forces. This is the most important duty and aim of EuroDanube.
In the frame of Hungary's presentation of its auctioning system, Vice-president Ferenc Császti gave a brief summary on the legal background of the amendment: thanks to the newly introduced opportunity of electronic auctioning, sales can reach a wider audience, the anonymity of the bidders can be ensured, the range of potential auction buyers will be extended, the intensity of bidding will increase and thus claims will be recovered at a higher rate.
A New Era of Enforcement in Hungary
Attila Vincze, the Chamber's IT developer presented the logic and operation of the system.
Basically, one can use the auctioning system as a visitor, a bidder, or a judicial officer.
Those who have been refused to register at the aucting site as bidders - i.e. haven't received a user name and password - may still access the website as visitors. All public data are easily accessible for them, these include:
• The auction notice in portable document format (PDF)
• All relevant information connected to the auction which can be searched for, such as enforcement case number, appraised value and starting price, the beginning and end of auctioning period, last bid, etc.
• additional information, e.g. digital photos of the items to be auctioned.
In order to be able to use the system as bidders, users willing to bid have to
• undergo a security authentication procedure (within the Data Supplying Shell Strengthening the Security of Legal Transactions),
• attach necessary documents,
• pay a certain registration fee and
• register through a certain authority (judicial officer),
• enter the aucting website by using their given user name and password, as well as
• at first entry, they have to accept the terms of use (the User Agreement).
As registered bidders, users may modify their password, nick, e-mail address used for notification and the frequency of updating the site, as well as flag auctions for follow-up.
Bidders are required to submit a separate activation request for each auction, in which they ask a permission to bid for a certain item, after having made advance payment. Depending on the judicial officer's response to the request,
• users can start bidding
• after having made up for possible deficiencies in the previous request, they can file a new one
• if excluded by legal regulations, users may be prohibited from bidding at all.
Registered judicial officers may use the auctioning system through the auctioning site by using a sort of smart card storing their digital signature, authentication and encryption certificates, in order to:
• have access to the database of bidders,
• modify their data,
• enter a new (group of) bidder(s),
• enter new auctions,
• trace and close ongoing auctions, or
• delete closed auctions from the database.
Regarding their own auctions, judicial officers have to
• check the personal data of those submitting a request to auction,
• accept or refuse bidders' activation request, and
• exclude users from bidding.
To sum up, this complex new system is now ready to mark 2009 as the beginning of a new era of enforcement in Hungary.
News From EuroDanube Countries
Bulgaria
President of the National Chamber of judicial officers of the Republic of Bulgaria, Georgi Dichev, reported that in a month, three years will have passed after the creation of their National Training Council, which represents independent court judicial officers. In 2006, the amount of collected claims by judicial officers was 45 million Euros, in 2007, that amount raised to 110 million Euros. For the year 2008, judicial officers have already collected 100 million Euros. In 2006, the number of cases in which the claim was effectively enforced was 5 500, in 2007 it was 17 200. For the year 2008, the number of such cases is already 15 000. Most of the amendments proposed by the Bulgarian Chamber were introduced in the Code of Civil Procedure, however, according to our Bulgarian colleagues, there is still much work to be done. At the beginning of October, Bulgaria launched a judicial enforcement computer database (national register of cases). It contains all information concerning cases carried out by judicial officers in Bulgaria and all sales made by them. The system has a database and an archive, too. This innovation will certainly improve judicial officer's activities and ease their work. Moreover, it will create conditions for openness and transparency for the new profession and grant new ways of effective control performed by the National Chamber and the Ministry of Justice.
Czech Republic
Vladimír Plášil, a member of the Bureau of the National Council of The Judicial Officers in the Czech Republic, presented a brief report on the status of the law enforcement system in his country. There are 122 judicial officers in the Czech Republic. Below are some of the data, presented by the lecturer:
TABLEAU
The Minister of Justice issued a regulation on the establishment of a central database of debtors. This central database will contain information on the initiation of every enforcement procedure throughout the country after the service of an appropriate documentation to the debtor. The central database will be accessible, for those interested, on the Internet. Entry to the website will cost 120 CZK (about 5 Euros).
Estonia
The head of the Estonian delegation, Elin Vilippus, expressed her satisfaction that EuroDanube conference meets such great interest. In her speech, she thanked everyone for both European and American participation in the Spring Permanent Council, which took place in Tallinn in May this year and presented main conclusions after seminars. She also gave a brief summary of the major problems that judicial officers in Estonia have to handle, such as the difficulty of auctioning immovable.
Former Yugoslavian Republic of Macedonia
President of the FYRO. Macedonia judicial officers, Antonio Koshtanov, pointed out in his speech that, following the accession of the National Council of Judicial Officers from his country to the UIHJ, they managed to establish many new contacts with other countries, both bilateral and multilateral. In January 2008, CEARM (Chamber of Enforcement Agents of the Republic of Macedonia) representatives participated in the annual General Assembly of Bulgarian colleagues. This event proved to be a most valuable exchange of experience. The President expressed hope that this mutual cooperation will continue in the future. In January 2008, Secretary of EuroDanube, Michał Redelbach presented CEARM a proposition to join the EuroDanube organization. Admission was unanimously accepted by all judicial officers in the FYRO. Macedonia.
Romania
Romania's delegate, a member of UIHJ board, Adrian Stoïca, described several categories of entities involved in debt collection. Judicial officers performing bank account claims are subject to special regulations and internal procedures. Judicial officers for the recovery of claims in co-operative savings and credit funds, under Regulation No. 122/2004, have a statute similar to the status of the judicial officer for the recovery of bank debt. The relevant regulations have been expanded by two more categories of judicial officers involved in the recovery of claims in civil-law: judicial officers for the recovery of claims in non-bank institutions, as well as judicial officers for the recovery of claims for the Authority for State Assets Recovery (AVAS). According to the National Council of Judicial Officers of Romania, the existence of parallel systems of law enforcement is unacceptable, because they cannot be part of the organizational structure of a banking institution or other financial institution which is a Creditor. Debt collectors should be independent. Romania's National Council of Judicial Officers proposed a new draft concerning unification of the profession.
Slovaquia
President of the National Council of Judicial Officers in Slovakia, Jozef Rišian, presented a brief report on the status of the judicial officers' profession in his country. In Slovakia, the number of judicial officers is not limited. However, the National Council wants to change that. Today, there are 273 judicial officers performing their activities. The National Council of Judicial Officers from Slovakia intends to prevent the continued increase in ranks of judicial officers, through re-entry procedures for selecting candidates. The Minister of Justice of Slovakia agrees with that idea. In its new draft law on judicial officers, the Slovakian Council of Judicial Officers proposed that in the case of an agreement for the sale of immovable at auction, court authorization was not necessary. The amendment concerning judicial officer's fees came into force in May 2008. The fees for services performed by the judicial officer increased. Fees for court proceedings were raised, too. Sales of immovable at auction can be performed following the consent of the person empowered. Judicial officers can choose the way of enforcement, in this case their decision may be challenged by an authorized person.
Finally, the National Council of Judicial Officers of Slovakia has proposed to host the next EuroDanube Conference in October 2009. Participants positively recognized the request of the Secretary, on the adoption of the proposal by UIHJ President Jacques Isnard concerning costs related to the performance of the duties of the Secretary and the costs of organizing the Conference. The National Chamber of the EuroDanube Secretary bears the costs of his activities. Costs of each conference are covered by the hosts. The conference expressed a commitment to carry out scientific research concerning enforcement of real estate in the EuroDanube member states.
A Real Impact on the Development of the Judicial Officer's Profession in Europe
President Redelbach reminded of the existing website www.eurodanube.eu. The Secretary claimed that the member states of UIHJ-EuroDanube organization can have a real impact on the development of the judicial officer's profession in Europe, if they are ready for discourse. This means above all the willingness of all partners to grant access to their structures for more countries. Communication between members should rely on the active exchange of information concerning specific enforcement systems and work conditions in member states. Secretary Redelbach strongly recommended using e-mails for that purpose. He also appealed to participants to take part in the 20th UIHJ Congress, which will be held in Marseilles in September 2009.
After the Conference on Thursday, participants were invited to a formal dinner on board of a ship on the River Danube. Secretary used the occasion to propose a joint trip to Leonard Cohen concert, which will be held 24-25-26 November 2008, in Olympia Concert Hall in Paris. President of the National Council of Judicial Officers from Hungary gave thanks to representatives for participation in the EuroDanube conference, his self-government for the organization and President of UIHJ, Jacques Isnard, for his assistance and support.
The participants at the Conference
Some Colleagues of UIHJ-EuroDanube
