Seven Speakers
At the time of the opening ceremony, seven speakers followed one another at the chair.
Costas Xatzicosteas., president of private servers of Cyprus, decided for a unification of the statute of the judicial officer in order explained it, to be able to take part in the European right not without pointing out the importance of the right to the execution (execution whose members of its association are to date private in Cyprus since it falls to the agents civils servant).
Jacques Isnard, president of the UIHJ, pointed out that the judicial officer has two principal poles of activities: significance and execution. This base must be used as a basis for the unification of the statute of the judicial officer liberal, private and independent preached by the UIHJ and asserted by the unit of the judicial officers of the Mediterranean circumference. He pointed out the necessary corollaries of this statute: the essential one and inevitable responsibility for the judicial officers like their high level of formation.
Mr. Kypros Chrysostomidis, Minister for Cypriot Justice, indicated that the 5th session of UIHJ-EuroMed constituted the first international demonstration in Cyprus. He engaged on the will of modernization and improvement for better serving justice.
Mr. Ionas Nikolaou, president of the Association of the lawyers of Cyprus, ensured significant private Cypriot the support of the lawyers to develop their very important work.
Mr. Petros General Kliridis, Prosecutor at the Court of Appeal of Cyprus, underlined the central role of significant private within the framework of the respect of the legal procedures
Mrs. Maria Christodoulou, associated with the chief of the Supreme court of Cyprus, pointed out that the introduction of significant private to Cyprus goes back to a law of 1996, time to which clogging was such as the public agents were not enough more to transmit the acts to the justiciable ones.
There are today 70 significant deprived on the island. Thanks to them the delay reabsorbed and never renewed itself.
Mr. Georgios Papandoniou, barristers president of Cypriot lawyers, greeted the initiative to accommodate in Cyprus the 5th session of EuroMed. The significant one must be very vigilant. There exists, says there, of the problems of times but, thanks to the significant ones deprived, no harmful effect interferes in the effectiveness of justice. On the other hand, today the execution requires an improvement and the barristers president expressed the desire very clearly to see the law changing to allow significant private to carry out the legal decisions in order to make them effective.
After this meeting of opening, work of the session started. They were divided into 5 roundtables.
Five roundtables
1st roundtable: The liberal statute of the judicial officer
Present: Algeria, Cyprus, France, Italy, Portugal,
Regulator: Greece
Then after having released the advantages and the disadvantages of this statute the fellow-members tried to recommend improvements with their statute.
2nd roundtable: Activities of the judicial officer
Present: Algeria, France, Greece
Regulator: Portugal
The countries present at the platform explained which were the various activities which the judicial officer could carry out, As well monopolistic as competing. The diversity of the answers quite naturally brought to consider the formation by evoking the necessary formation as well to reach the profession as the continuing education of the judicial officers while passing by the formation of die employed.
3rd roundtable: Conservative measures and measurements of execution
Present: France, Greece, Italy, Portugal,
Regulator: Spain
The regulator questioned the participants on the possibilities of guaranteeing the movable or real goods of a debtor with respect to a credit. After having discussed on the effectiveness of the conservative measures, each one drew up the portrait of the execution of the legal decisions in its country.
4th roundtable: Obligations to make and not to make
Present: Algeria, Cyprus, Spain, France, Italy, Portugal,
Regulator: Greece
It was the “pure” part of compared right of this session. The speakers explained which was the role of the judicial officers in the obligations to make and not to make; upstream and downstream from the lawsuit, as well in the prevention as in the execution of these obligations.
5th roundtable: The responsibility for the judicial officer
Present: Algeria, Spain, France, Portugal
Regulator: Italy
Cause, natural and implementation of the responsibility for the judicial officers were evoked by the speakers, which quite naturally led them to point out the rules of deontology, spinal column of the occupation of judicial officer.
Six recommendations
The richness of exposed and the debates which followed quite naturally led the UIHJ during the closing ceremony to make the six following recommendations:
- 1° Considering that the majority of the judicial officers of the Mediterranean basin exert under the empire of the liberal statute, independent and deprived, UIHJ-EuroMed recommend to the judicial officers other countries which compose it the implementation of the harmonization of their statute. It appears desirable to accelerate the process of this implementation which could be done as well by the mode of exercise of the profession as through its activities.
- 2° Considering that the activities of the judicial officers are founded on a common basis, is the significance and the execution which, while constituting our core activity, confine us with a field too limited and restricted;
Considering that the judicial officers are lawyers, in particular thanks to their formation;
UIHJ-EuroMed recommends to extend their sphere of activity to peripheral sectors as the UIHJ through the program of multidisciplinarity recommends it which it set up in 2000.
- 3° Considering the will to increase the activities of the judicial officers, UIHJ-EuroMed recommends to make report an activity common to all the judicial officers thus promoting their necessary action as an establishment of a mode of proof, guaranteed for the judge and the justiciable one, key component of the lawsuit, rapid, not very expensive and reliable.
- 4° Regarding the access to the information as the paramount support of the execution, UIHJ-EuroMed, recommends the access to all information concerning a debtor who will have been condemned by a judgment even not yet executory with, in the order, its address, the coordinates of its employer, his banking coordinates, the possibility of identifying its movable and real property and the access to the tax information. With regard to the document initiating proceedings, UIHJ-EuroMed recommends the possibility of the access to the address of the debtor within the framework of his good information.
- 5° Considering that the judicial officer is a professional impossible to circumvent of the Rule of law, that it is the element of guarantee of the legal security, UIHJ-EuroMed recommends the claim of its responsibility and the drafting for a common charter of deontology applicable to all and founded on minimal bases.
- 6° Considering that, to assert his independence, his responsibility, and of many and new activities, the judicial officer must prove his competence, UIHJ-EuroMed recommends to each country to obtain a tool for formation or to use those already existing and whose competence is recognized.
These recommendations were adopted unanimously. They were transmitted to the office of the UIHJ which will ensure the follow-up of it. Thus this 5th session of EuroMed finished, rich person by the quality of his work and the powerful will to link itself which animated the judicial officers present, received so well by their Cypriot colleagues.
