The only partner of the institutions
Like every year, UIHJ holds its permanent council during the last week of November in Paris. The permanent council is the most important organ of the UIHJ after the congress. About 45 delegations from around the world gathered in the auditorium of the National Chamber of Judicial officers of France, in Paris, once again kindly made available to the UIHJ.
Among the guests invited to participate were Alexandru Tanase, Minister for Justice of Moldova, and Paulino Fernando Pereira, head of Legal cooperation in civil and commercial matters at the Council of the European Union and Director of the Working Party on e-Justice of the Council. Representatives of Armenia and Israel had also been invited to attend the council. But there is a distinguished guest whose presence was highly appreciated: Jacques Isnard, former president of the UIHJ who conducted the affairs of our organization for fifteen exceptional years.
It was left to Jean-Daniel Lachkar, president of the National Chamber of Judicial officers of France, to deliver the welcome speech to the delegations. A task he clearly enjoyed while wishing everyone to consider the premises as his/her own home. The French president then referred to the European Judicial Enforcement (EJE) project (ECE) driven by the French Chamber. He thanked Leo Netten, president of the UIHJ, and his board "for the outstanding work they do by deploying the Union's efforts on five continents”.
Leo Netten in turn thanked Jean-Daniel Lashkar, the French Chamber and all their collaborators for honouring the UIHJ with hosting the event in this prestigious chamber. President Netten acknowledged the presence of M. Tanase and M. Paulino Pereira. He thanked them for making the trip to Paris to participate in this event. He referred to the structural changes within the UIHJ, with the establishment of a strengthened secretariat around Françoise Andrieux, Secretary General, Mathieu Chardon, first secretary, and Luisa Lozano, executive secretary. He said that the board now works alternating physical and telephone board meetings in order to cut costs. Leo Netten added that position papers have been prepared by the board on various topics. Regarding relations with institutions and international organizations, the president of the UIHJ did not fail to say that thanks to the actions initiated under the presidency of Jacques Isnard close relations were established, "it is today the major international institutions that require us to work with them". And to add that today, "UIHJ is THE single and indispensable partner of institutions internationally, including at European or African levels." Leo Netten then stressed that "this unity is the strength of the UIHJ”. “Our profession is too small to disperse. We owe our success to our unity and our common will to reach the same goal ", he certified. He illustrated this by citing the numerous meetings held during the past year with the Council of Europe and the European Commission for the Efficiency of Justice (CEPEJ), the European Commission and the Council of European Union, through e-Justice projects, training, or the general e-Justice portal of the Council of the European Union, and the excellent relations with the Hague Conference on Private International Law, or with the OHADA. He recalled that the CEPEJ drafted in 2009 the Guidelines on enforcement, adopted by the Committee of Ministers of the Council of Europe on 17 December 2009. He stressed that these guidelines were prepared by a working group which included the UIHJ. Regarding the EJE project, President Netten said that "this project demonstrates that cooperation between the Union and members of our organization can accomplish great things for the benefit of all and the profession worldwide". Meanwhile, the Council of the European Union has asked the UIHJ to establish a directory of the judicial officers of the twenty-seven member states of the European Union. Although EJE concerns only nine countries, it was agreed with France that the project would set up the European directory. He then mentioned the great success of the second Africa-Europe meeting of judicial officers in Yaoundé (Cameroon) in September 2010 and the renewed contacts with the secretariat of the OHADA. He extended his warmest congratulations to Alain Ngongang Sime, president of the National Chamber of Judicial officers of Cameroon, for the work in achieving this major international conference. On the subject of Africa, he insisted on training actions listed within the Training Unit of African judicial officers (Ufohja) established ten years ago in cooperation with the National School of Procedure of Paris (ENP) and the member countries of the Organisation for the harmonisation in Africa of Business Law (OHADA) area, not to mention the actions in African Maghreb and in Southern Africa. A minute of silence was observed at his request in the amphitheatre in memory of the Late Emmanuel Grammatopoulos, past President of the National Chamber of Judicial officers of Greece. President Netten concluded by again thanking the Minister for Justice of Moldova and Mr Paulino Pereira.
No justice without an efficient enforcement system
After the call of delegations, the official establishment ceremony of Moldova in his capacity as the 71st member of UIHJ took place. Relations between Moldova and UIHJ are long-lasting. Representatives from Moldova participated in the Permanent Council of the UIHJ in 2003. Several contacts had been made since. The sponsor of Moldova for its candidacy at the UIHJ is Romania, a neighbour country which shares the same language. Marius Crafcenko, president of the National Chamber of Judicial officers of Romania accomplished this mission both with solemnity and enthusiasm. Mr Tanase thanked the UIHJ for its invitation. He said the Department of Justice has established a process of judicial reform in Moldova. The execution of judicial decisions is a particularly important pan of these reforms. "Justice does not exist without an effective system of enforcement of court decisions" he said. The Minister thanked the colleagues from Romania, the Netherlands and Lithuania who have helped greatly. "We hope the reforms will establish a functional system in Moldova," he concluded. Then Roman Talmaci, president of the National Chamber of Judicial officers of Moldova, presented the newly created body of judicial officers in the country. He expressed his great pleasure to be here to present the candidature of Moldova to join the UIHJ. Several reforms have been undertaken throughout the decade. Until 2002, the judicial officers were part of the courts. Then, until 2010 they were attached to a department of the Ministry of Justice. This organization was deemed insufficient. In 2009, the program of judicial reform has been presented. It included a reform of the profession by turning it into a liberal and private system. From October 2009, the normative work has been undertaken. This work was very intense. The Moldovan president also thanked Romania, the Netherlands and Lithuania, but also Bulgaria and other colleagues who were involved in the legislative process. Besides the execution of judgments, judicial officers Moldovan can give advice, make statements of facts, serve documents, conciliate parties in a judicial phase and during the enforcement proceedings, and other prerogatives. This new legislative framework has increased their obligations. An internship is mandatory, as well as continuing education for at least eighteen hours per year. A committee was formed to license to practice. This committee consists of representatives of the Chamber of Judicial Officers, representatives from the Department of Justice, academics and judges. The number of judicial officers has been set at one per 22 000 inhabitants. Strict rules have been created on discipline and accountability. These provisions should raise the level of professionalism of judicial officers and the quality of their work. Following this presentation, the accession of Moldova was adopted unanimously. President Netten warmly congratulated our Moldovan colleagues and welcomed them into the family of the judicial officers of the UIHJ.
The ceremony was followed by another concerning Spain. Dominique Aribaut-Abadie, treasurer of the board of the UIHJ, recalled the history of relations between the Spanish Procuradores and the UIHJ dating back to the eighties, under the aegis of the presidency of Francis Aribaut. In 1993, a charter was signed with the Procuradores. Since 1996, the relationship ceased, to resume in 2001 with the new president of Spain, Juan Carlos Estevez Fernandez Novoa. Since then, Spain participates in all the permanent councils and all events. It becomes a co-opted member of the UIHJ in 2002. Since May 2010, Procuradores function includes the service of documents. This now allows the Procuradores to pretend to become a full member of the UIHJ. On behalf of President Estevez Fernandez Novoa, Luis Ignacio Ortega Alcubierre, vice president of the National Chamber of Procuradores, thanked Dominique Aribaut for hers comments. He outlined the specificities of the profession and the new law that allows its members to serve documents. He said the joy that was his and that of his president to be now a full member of the UIHJ, which would allow for even closer ties and optimal collaboration.
Then the representative of Armenia, Armen Harutyunian, Legal Advisor to the Main Law Enforcement Officer, introduced the enforcement system in force in his country. Finally, David Medyoni, Director of the Enforcement and Collection Authority of Israel, also introduced the system in force in his country.
For an e-justice reality with the judicial officers
Fernando Paulino Pereira then spoke at the invitation of Leo Netten to present the on-going projects of the European Union as regards e-justice. The presentation of the director of e-justice at the Council of the European Union included four parts: the action plan on e-Justice portal, the e-Justice portal itself, the roadmap and the cooperation perspective with the UIHJ. The Action Plan was adopted in 2008 by the Ministers of Justice of the member countries for 2009 2013. A one stop shop for Justice should serve justice and the European citizen, the aim being to consolidate all that relates to justice in terms of training, access to law, and functionality, through the e-Justice portal. The system covers civil, commercial, criminal and administrative matters. The goal is to provide access both to Community and domestic information, legislation and case law. It should enable a citizen of a State to lodge electronically a case at a court of another state, including using video-conferencing. Cooperation between authorities is also at stakes between all legal professionals, through a platform. Mr Paulino Pereira said that e-Justice must exist in each state in a decentralized manner, to enable its smooth functioning. The e-Justice portal is on-Line since 16 July 2010. It is available in twenty-two languages of the European Union. Admission is free. It includes four parts: citizens, businesses, Legal practitioners and the Judiciary. The website already contains a directory of notaries and lawyers. Mr Paulino Pereira wished that a directory of the judicial officers will be available in 2011 or very soon after on the website for use by all litigants in the world. A roadmap will implement the action plan. In this roadmap, the Council is working to get online a European order for payment. A pilot project works with two Member States and with France by the end of the year. The service of documents is also concerned. In several Member States, systems are already operational. The intention would be to do a feasibility study in 2013 to provide a system for the service of documents at European level. A third project involves the interconnection of insolvency proceedings in the Member States. To conclude his remarks, Mr. Paulino Pereira said that in 2006 there were many who did not believe in e-justice. In 2008, e-justice has become a reality by adopting the Action Plan. In 2010, the reality of e-Justice is online. E-Justice is a platform that is not only public but also must work with legal professionals whose collaboration and cooperation are needed. "The work has just begun. We look forward to working with you in full respect of your independence, which for us is very important, and in full cooperation with all of you for a directory in the future, a common platform and contacts for that e-justice a reality with the judicial officers”. Leo Netten thanked Mr Paulino Pereira for his comments and confirmed the full support of the UIHJ.
An ambitious project that can only be carried out by the UIHJ
Mathieu Chardon then presented the activities report of the UIHJ during the past year, activities which were very rich with over fifty events in which UIHJ participated or organised. Then Roger Dujardin, Vice-President of the UIHJ, gave the floor to Natalie Fricero, professor at the University of Nice-Sophia Antipolis (France), Director of the Institute of Judicial Studies, member of the Scientific Council of the UIHJ, outlined the major aspects of the project of a World Code of enforcement of the UIHJ, which preparation is entrusted to the Scientific Council of the Institute Jacques Isnard of the UIHJ. Professor Fricero justified the creation of this world code considering that it is now time for enforcement law standards and enforcement standards are shared by the whole world. "These standards convey the basic principles of the rule of law and fundamental rights of creditors and debtors in the context of enforcement proceedings. This ambitious project is necessary and can only be carried out by the UIHJ "she added. Professor Fricero believes that, because of its position and its partnerships with international institutions, the UIHJ can reflect on the standards of enforcement that could be universally shared. She also believes that the UIHJ can influence public authorities which pass provisions on enforcement law for these standards to become effective in all countries of the world. Then Natalie Fricero unveiled the strategy to complete the project. This strategy comprises three stages: knowledge, understanding and action. At the term of a very lively presentation, Natalie Fricero concluded that through their actions and partnerships, the UIHJ and the Institute Jacques Isnard can directly influence the development of standards to ensure that these standards are effectively enforced, universally.
Roger Dujardin presented his thoughts on the guidelines on the CEPEJ Guidelines on enforcement adopted on 17 December 2009 by the Committee of Ministers of the Council of Europe. Among these, the vice-president of the UIHJ indicated that the guidelines provide that the judicial officer can act as a post judicial mediator. Our colleague noted that the guidelines state that the geographical distribution of judicial officers must ensure the broadest coverage possible for users. Another point is that the judicial officer must be able to explain the contents of the documents he submits to the debtor. In many countries, the judicial officers only serve enforcement writs and not all legal documents. Roger Dujardin noted that in the guidelines it is stated that the judicial officers should be able to serve all judicial and extrajudicial documents. This is exactly what the UIHJ has been recommending for many years. Regarding training, he repeated the words of Professor Ton Jongbloed, member of the Scientific Council of the UIHJ, for whom the judicial officer must have a compulsory initial and continuous training. The Guidelines fully endorse this basic idea. In terms of the multi-field activities of the judicial officer, a project which was presented by the UIHJ at its international congress in Washington in May 2006, Roger Dujardin noted that it was broadly reflected in the CEPEJ document. Regarding access to information, he pointed out that only the judicial officer must have access to information about the debtor's assets. The guidelines include a chapter on tariff, which must be transparent, uniform and proportional to the dispute, with the possibility of a performance fee borne by the creditor. Finally, Vice-President Dujardin said that the guidelines state that timeframes for enforcement are reasonable, in accordance with Article 6.1 of the European Convention on Human Rights.
The dynamic cycle of training
Dionysios Kriari (Greece), deputy secretary of the board of the UIHJ, raised the issue of training of judicial officers. He recalled that the African colleagues have, through the Training Unit of African judicial officers (Ufohja), two to three training seminars annually. In Europe, the Training days of the judicial officers organized by the UIHJ and the ENP have now a three years existence. Finally, the events organized by the UIHJ allow colleagues to train and learn through different formats. Then he presented the Working Group of the European Commission on training that includes the legal profession of notaries, judges, lawyers and judicial officers. Our colleague was contacted to be part of this working group. The European Commission wishes to make a European inventory of the training of legal professionals to develop an action plan. He announced that a form would be sent to each member of the UIHJ at European level and asked each to respond quickly. "The more we train, the more activities we can have, and the more activities we can have, the more we have to be trained: this is the dynamic circle of training" concluded our colleague.
Following him, Francoise Andrieux made a summary of the third training day held in Brussels. She thanked our colleague Roland Meerleer, former member of board of the UIHJ and judicial officer in Brussels, who was in charge of the logistics. The secretary general of the UIHJ said that the day included case law and European legislation ensured by Guillaume Payan, UIHJ consultant and lecturer at the University of Maine (France). The day also included two workshops, one on the European order for payment. Due to the success of this day, this formula will be repeated in Budapest (Hungary) on 7 April 2011 for the 4th Training day.
Honoré Aggrey, Vice-President of the UIHJ, talked in turn about training, through Ufohja, a training tool "unrivalled in the legal professions." Ufohja was created by three entities, the UIHJ, the ENP of Paris and the African national chambers of judicial officers. He stressed that one of the objectives of this organization is to train trainers. Trainings of trainers are organized by the ENP of Paris and it is now important to reinforce this training because "it is necessary that training is available to all judicial officers regardless of where they are."
Then, Honoré Aggrey thanked Jean Tock Makosso, president of the National Chamber of the Judicial officers of Congo for hosting the 29th Ufohja seminar in Pointe-Noire on 2 and 3 September 2010. He then referred to the 2nd Africa-Europe meeting of judicial officers in Yaoundé (Cameroon) and took the opportunity to pay tribute to Alain Ngongang Sime, president of the National Chamber of Judicial officers of Cameroon, for the excellent organization of this major international event. For the Vice-President of the UIHJ, "this event has reached all the goals we set ourselves." Mathieu Chardon added that the UIHJ added to the event by publishing an issue of Juris-Union on the harmonization of the profession of judicial officer in Africa. Leo Netten took the opportunity to ask the presidents of all the continents to contact their authorities to get things done.
An Important step forward for Africa
On the issue of the relations with the institutions, Mathieu Chardon evoked the close ties between the UIHJ and the Hague Conference on Private International Law. He recalled that the UIHJ was at the initiative of the creation of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters. 81 countries around the world use this convention which is to be revised. The UIHJ attended the Council on General Affairs of the Hague Conference in The Hague (Netherlands) in April 2010. On this occasion, he indicated that the UIHJ presented its position paper UIHJ on e-Justice and participated in a debate on the future of the 1965 Convention and in particular on the electronic service of documents. On this occasion, Leo Netten proposed the UIHJ to become the certification root authority to allow communication on the electronic service. "That's why, added President Netten, the electronic directory of judicial officers should be designed and that an e-Justice commission was installed within the UIHJ headed by Alain Bobant, a specialist in new technologies and president of the National Federation of Trusted Third Parties". Leo Netten said that the UIHJ is integrated into the Justice Forum since its inception and has participated in several meetings since. Francoise Andrieux mentioned a meeting of 12 March 2010 at the European Commission with Jean-François Junger, Head of Sector DG Information Society and Media and with Alain Bobant on the Pilot A Project. He said that the aim of this project was to work in a consortium of six states, initially on the electronic exchange of information. After the states, other structures were to join the project. It is about developing technical solutions for connecting the judicial systems of different countries. Its duration is three years. Reference groups will be created to test and improve products that have been defined. Ultimately, the solutions should be adopted by all member states.
Another meeting was held in June 2010 on the European attachment of bank accounts, on the occasion of the proposed amendment of Regulation (EC) 44/2001 of 22 December 2010 on the recognition and enforcement of judgments. During the meeting, Professor Burkhard Hess, a member of the Scientific Council of the UIHJ, called for an independent instrument of attachment of bank accounts, while urging States to provide in domestic law effective and efficient enforcement. President Netten put forward the UIHJ position paper on this matter, which provides, among other things, that the measure is carried out exclusively by an enforcement officer, with information transmitted to the debtor by this agent. It was generally admitted that the role of judicial officer should be considered in the attachment of bank accounts, in the line of Recommendation Rec (2003) 17 of 9 September 2003 of the Council of Europe on enforcement.
Honoré Aggrey then referred to the appointment that was given to the representatives of the UIHJ with Idrissa Kéré, at the secretariat of the OHADA in Yaoundé during the 2nd Africa-Europe meeting of judicial officers. The uniform act on enforcement procedures is being revised and we should be vigilant to make proposals to the OHADA. Concerning the Economic and Monetary Community of West Africa (UEMOA), which covers eight countries in the area Ohada (Benin, Burkina Faso, Côte d'Ivoire, Guinea Bissau, Mali, Niger, Senegal and Togo), contacts were made. A draft regulation on free movement and establishment of judicial officers in the UEMOA zone has been drafted. The Vice-President of the UIHJ said it was a very important step forward for Africa.
The search for greater efficiency
Artur Parfenchikov, Director of the Federal Judicial Officers' Service, chief Judicial Officer of the Russian Federation, presented a comprehensive report of activities. He said the Federal Service of Judicial officers celebrated its 145th anniversary. Mr Parfenchikov recalled that the reform of the Service, which began in 1997, was completed in 2004. Today, the Department's function is to ensure the enforcement of justice courts in different orders. It also plays an important role in ensuring the protection of the courts and in matters of crime, in search of evidence and investigations. The total number of employees in the Service is approximately 76,000, spread across the huge territory of the Russian Federation, within 83 territorial authorities. The head of the Federal Service insisted that the focus is on the constant search for greater efficiency of enforcement activities. Finally, Mr Parfenchikov urged his colleagues to participate in the symposium organized by the Federal Service in Kazan in June 2011.
Olof Dahnel (Sweden), Permanent Delegate to the Scandinavian countries, began his report by regretting not having any interesting information on Iceland. As regards Norway, the number of debtor is stable but the number of records increases. The enforcement department employs about 360 people more. A Scandinavian seminar will be held in Bergen 31 August to 3 September 2011. In Finland, a working group work is involved in a project concerning fight against crime. In Denmark, a court reform is underway. The 85 enforcement departments have migrated to the twenty-two district courts. Now, the judicial officers can perform attachment on immovable electronically in the land registry. This applies also to motor vehicles since November 2010. The economic crisis has had the effect of increasing the number of enforcement cases by 30 to 50% over the last two or three years. However, the number of auctions has been falling since the summer. In Sweden, the four enforcement services will merge to reduce costs. A new law on debt relieve will be enforced in 2011. A bill is also underway on the sale of goods over the Internet.
David Walker, Permanent Delegate of the UIHJ for the United Kingdom and Southern Ireland, reported that the recession is affecting the region, including the profession. In Southern Ireland, there is still no contact and the invitation to participate in our permanent council was politely declined. Contacts with Northern Ireland are also unsuccessful for the moment. In England and Wales, the three associations representing the profession “have engaged the services of a PR Company to work collectively with a common policy agenda to engage with the Ministry of Justice for the benefit of all parties concerned”. In Scotland, David Walker noted the great success of the permanent council of Glasgow in May 2010. He thanked all those who braved the hackles of the Icelandic volcano to get in the economic capital of Scotland. He told how the Scottish national organization was proud to organise this event. Then our colleague mentioned the new Scottish law on bankruptcy, and the draft reform of the tariff.
The compulsory presence of judicial officers in the awarded public contracts
Fahima Khaldi (Algeria), Secretary General of the National Chamber of Judicial officers of Algeria presented the activity report for the Maghreb region, on behalf of the President of the Chamber, Mohamed Chérif, also deputy treasurer of the board of the UIHJ. In Tunisia, a meeting was held in Djerba. In Morocco, the association representing the judicial officers recently acquired the status of the National Order of the judicial officers, which is a great victory for our colleagues and the profession. Fouganni Abdelaziz was elected to head this organization. Statutes were adopted and the tariff has been reassessed. The fifth session of UIHJ-EuroMed was held in Marrakech on 3 to 5 June 2010. The charter of the Maghreb Union of Judicial Officers has been signed on this occasion, in the presence of Leo Netten. In Algeria, several international conferences were held. In Oran, on 6 and 7 February 2010, the presence of European, African or Asian was important. Many topics were discussed at this symposium. A few days later, a symposium was held in southern Algeria, in Tamanrasset. Regarding new provisions Fahima Khaldi noted the recovery of criminal fines. A law requires the presence of the judicial officer for public contracts. In Egypt, there is talk that the judicial officer become liberal, as mentioned in a draft law expected to be voted on in December 2010. In Libya, the contacts are intense for the country's accession to the Maghreb Union, then to the UIHJ. Finally, a program is planned in Dubai (UAE) and a visit was made recently. Next visit should take place with the President of the UIHJ.
Sue Collins (USA), board member of the UIHJ, then presented her report for the United States of America. Our colleague recalled that two professions are concerned with the service of documents and the enforcement of judgments. The first is the National Association of Professional Process Servers (NAPPS), specifically involved in the service of documents. The second is the National Sheriffs' Association (NSA), which focuses on judicial decisions. Both organizations are members of the UIHJ. There is no significant change in the U.S. NAPPS has a new board and is setting up new actions. A PR Company was contacted to work on the organization's image and a position paper was drafted on electronic service. Our colleague also mentioned the economic crisis that forced some to seek parallel professional activities to those related to the service of documents. Sheriffs have the same problems. They are paid by the government but budgets are reduced. Some are considering giving up the service of documents or contracting it out. The UIHJ was represented in the final convention of the NSA, which drew nearly 7,000 people. A presentation was made on auctions.
A project that fits into the e-Justice portal
Then a workshop was held on e-Justice. This workshop included Jean-Daniel Lachkar, Alain Bobant and Géraldine Cavaillé, in charge of the EJE project for the French Chamber. President Lachkar thanked President Netten for the support he brings to the project. The French president said the “project fits perfectly into the e-Justice portal and will be one of its brick ". The project was conceived two years ago to answer the question arose by the French Chamber to wonder about the future of cross-border enforcement of judgments in Europe. When a creditor obtains a cross-border decision, he naturally addresses to his lawyer, who himself will get in touch with his foreign counterpart. "Enforcement, which is the heart of our business, could then disappear" said Jean-Daniel Lachkar for whom the only solution is to establish a platform for exchange between professionals and that is also an information platform for European citizens. "A court decision has no meaning if it cannot be enforced” stressed the French president. The implementation of the project representing a cost, the French Chamber has responded to a call for proposals of the European Commission in October 2009 with eight other partners (, Belgium, Germany, Hungary, Italy, Luxembourg, the Netherlands, Poland and Scotland), the aim being to expand the project to all countries of the European Union. The funding which amounts to nearly 500 000 euros, is designed to implement this platform. The heart of the project is a directory that should be extended to all European countries, supported by all interested colleagues. The first part of the directory should be set up in March 2011 and the final directory should be completed by July 2011. "The whole project is designed to ultimately benefit the litigant," concluded Jean-Daniel Lachkar.
Alain Bobant added it is imperative to have a harmonization of technologies, which is a complex task since each has a different system that should be made interoperable. The barriers of multilingualism must also be overcome. Then Geraldine Cavaillé presented the layout of the future EJE website. Leo Netten warmly thanked Jean-Daniel Lachkar and his team as well as those participating in the project.
Jos Uitdehhag (Netherlands), first quaestor of the Committee of the UIHJ, then gave a detailed account of the activities of the Balkans Enforcement Reform Project (BERP) in which he is particularly involved. This project covers Albania, Bosnia and Herzegovina, Croatia, Kosovo, the Former Yugoslav Republic of Macedonia, Montenegro and Serbia. It is implemented by the Center for International Legal Cooperation (CILC) in cooperation with the UIHJ. For more information, visit: http://www.berp.info.
Bernard Menut continued the works with the stage of completion on the renovation of the statutes, it being understood that the next version will be presented at the Permanent Council of the UIHJ in The Hague in June 2011, to be adopted at the occasion of the international congress in Cape Town early May 2012. Then the first vice-president spoke of the enlargement of the UIHJ Committee to better respond to on-going requests of the UIHJ which must meet internationally.
Francoise Andrieux informed the participants of the meeting of the secretaries of various UIHJ-Euros held the same week to harmonize the work. One project is to invite the various secretaries at each event. Points can be commonly addressed, such as devoting part of the session in the activity of the country, or to their topicality. Jos Uitdehaag proposed what he has already put in place as part of his activities, that is to say practical enforcement cases submitted to countries. This practice could usefully be put in place within the UIHJ-Euros. As regards UIHJ-EuroNord Jos Uitdehaag said that this branch of the UIHJ would soon have its website. For UIHJ-EuroDanube, Juraj Podkoniky, its secretary, announced that 2011 would be very eventful with the 5th and 10th anniversaries of the profession of judicial officers in several states in the region: Czech Republic, Estonia and Romania. There were two meetings in 2010 and two are scheduled for 2011.
Fight to defend our common rights
Then the delegations made their interventions. Antonio Kostanov, president of the National Chamber of Judicial Officers of the Former Yugoslav Republic of Macedonia, informed the Permanent Council of the problems arising in his country where, because of the crisis, the tariff of judicial officers has been reduced up to 70%. He indicated his intention to address the Constitutional Court. Bernard Menut immediately responded by stating that the decision was purely political and that the solution to a crisis is not to lower the tariff of a profession. He offered the assistance of the UIHJ.
Dionysios Kriaris mentioned the problems of Greece where the VAT is up to 23% from 1 July 2010. This may cause serious problems in access to justice. He said he had been elected president of the National Chamber of Judicial officers of Greece on 1 May 2010, following President Preketes Efthymios who did not wish to represent. "The Greeks are pessimistic about the future" Dionysios Kriaris regretted adding that some positive developments however concern the profession. Thus, the profession is excluded from the Bolkestein directive on services. On e-Justice projects are underway for the electronic service and the National Chamber works tirelessly to ensure that this service be made solely by the judicial officers. "We continue to fight to defend our common rights, because I fear that my country may be used as a Trojan horse for your countries" said our colleague with concern. President Netten recalled the existence of the position paper of the UIHJ on how judicial officers can help overcome the crisis.
Marek Zembaty, vice president of the National Chamber of Judicial officers of Poland, took the floor to indicate he had been designated to handle relations between the national chamber and the UIHJ, following the election of Jaroslaw Swieczkowski at the head of the chamber. He said that the judicial officers have to bear additional obligations without any financial compensation. The cost of enforcement procedures has been revised downwards and the courts have the option to lower it even further at the request of the debtor. The 1997 law was amended so many times that very little of the original provision remains but rules difficult to implement and often contradictory. There is a 20% increase in the number of offices of judicial officers in two years and this increase is not based on any study or any encrypted need. Leo Netten renewed his offer to travel to Poland to meet the President of the Polish Chamber. "We can explain why your minister must follow the guidelines on enforcement adopted by the Council of Europe and therefore by Poland," said the President of the UIHJ.
Then Andrea Mascioli, representing the Italian Association of Judicial Officers (AUGE), acknowledged that the political situation in his country is unstable. He informed the audience that AUGE has approached a union amongst the ten representing the profession and which comprises about 30% of judicial officers. Representatives of the union said they were not opposed to the liberalization of the profession.
Louis Raymond Maranda (Canada), Board Member of the UIHJ, spoke about the World day of the judicial officer of June 2010 whose theme was alternative dispute resolution. He outlined the various actions undertaken in connection with Haiti, the Czech Republic, Hungary, Cameroon, Benin, Lithuania and Quebec. President Maranda mentioned the project initiated by our colleague André Mathieu to have the World Day of the judicial officer included in the UN calendar. However, to bring this project to the UN, it should be extended to the theme of justice and include all legal professionals. "If we succeed in completing this project, we will be those who have initiated this worldwide recognition," he said.
Belgium, represented by its chairman Bernard Buyse, and Eric Choquet, vice president, explained the project by the Belgian Chamber on the occasion of the World Day. The first annual report of the Belgian Chamber, which was done in the presence of the Minister of Justice, was to be presented then. Asked by Bernard Menut the cost of such an operation, Eric Choquet said the budget for this massive publicity campaign came up to 15 to 20 000 euros. This report is now on the website of the UIHJ.
Mathieu Chardon then gave information on the UIHJ magazine and on the website, which is under renovation. Adrian Stoica (Romania), Assistant Treasurer's office, spoke about his questionnaire on forced sales of properties and asked each to respond before the end of the year. After the financial report prepared by Jean Christin, former treasurer of the UIHJ, and Dominique Aribaut-Abadie, treasurer, Bernard Menut mentioned that Haiti is facing the consequences of the earthquake that destroyed the capital, Port- au-Prince. He said an assessment needs report of our colleagues would be made, in order to provide adequate support.
The 1st Vice-President of the UIHJ then presented the first stage of his grand project that aims to provide the foundation for a flat fee for the judicial officers. Sue Collins spoke of the Sponsoring Committee she heads. She said there is no advertising in the magazine or the site and that advertisers and sponsors should be found for these media and the seminars organized by UIHJ.
Jos Uitdehaag reminded that the next permanent council would be held in The Hague. This permanent council will correspond with the 10th anniversary of the reform of the profession of judicial officer in the Netherlands. A conference will be organized by the Royal Association of Judicial Officers of the Netherlands to celebrate this event. Mathieu Chardon made a presentation of the on-going work which he is leading for the international congress in Cape Town.
Before closing the permanent council, Leo Netten announced that a mission of the UIHJ would go to Chile in early 2011. He also said that Bernard Menut had recently published a remarkable book on the collection of alimonies in Europe. The last words of President Netten were for the interpreters in the booths and in the amphitheatre, as well as its secretariat and all the participants, wishing everyone a happy holiday. "I experienced this as a permanent council member of a large family," he said.
We could not close this report without again thanking France for its excellent hospitality and for having offered to all delegations a wonderful evening of togetherness, brotherhood and friendship in the splendour of the hotel Salomon de Rothschild in the heart of the so beautiful French capital. At this occasion, President Netten paid homage to Jacques Isnard, as well as René Duperray, former Secretary general of the UIHJ, and Jean Christin, for their great investment in the UIHJ for all these years.
