A necessary reform
In addition to our Tunisian colleagues, this symposium brought together representatives of Algeria and Mauritania.
Kader Boutabba, president of the National Association of Tunisian judicial officers, recalled that telling the truth is not enough, truth must materialize, which means carrying out and enforcing judgments. For that judicial officers should be helped starting with a solid education. Leo Netten, President of the UIHJ, echoed this request by saying that judicial officers guarantee the rights of all and legal security, "the enforcement of justice is essential in a state founded on the rule of law." He then spoke of the guidelines of the European Commission for the Efficiency of Justice of the Council of Europe (CEPEJ) and finished on the call not to overlook in the reform the new technologies that are the lever. Mahoud Akkari, Attorney General at the Court of Appeal of Medenine, representing the Minister for Justice, said the proposed reform of enforcement filed by the Tunisian judicial officers was currently under consideration by the Department of Justice. The president of Mauritanian Judicial officers Sidi Oueled Zammel and Mr Saaoud, president of the Judicial Officers of the Regional Chamber of eastern Algeria, congratulated Tunisia for celebrating its independence today.
In his introductory report, Hatem M'Chala, Tunisian judge, revealed that today the Tunisian Code of Civil Procedure is not adapted to the changing society. The rules of enforcement are not the same from one region to another. Reform is necessary. For this the experience of other countries needs to be shared.
In the first workshop, our colleagues from Tunisia, Mahdi Abdessalam and Amjad Azani, examined the barriers to enforcement in administrative matter and the difficulties in obtaining the assistance of the police. They recalled the case of companies (mostly foreign) which are subject to customs control and for which enforcement is subject to the approval of Customs. Then Ammor Chetoui, former president of the National Order of Tunisian Judicial officers, now a solicitor, presented the general guidelines for the legislative reform of enforcement means. He recalled the Arab proverb that "a right that cannot be enforced has no value” and, after noting the shortcomings of Tunisian enforcement - lack of information, lack of flexibility in enforcement measures - made a comprehensive analysis and critique of the Tunisian Code of Civil Procedure concerning current enforcement procedures. Walid Zouari, Tunisian judicial officer, detailed the powers of the court enforcement of Tunisia and regretted the dispersal thereof in respect of such performance with the authorization of such measures by the District Court or the first instance judge.
Global Enforcement Rules
In the afternoon, Bernard Menut, 1st vice-president of the UIHJ, opened the discussion by explaining the details of the French reform of enforcement by the 1991 Act. He recalled its goals:
- Upgrade enforcement
- Split the roles of all enforcement actors
- Create the enforcement judge (regulator of enforcement)
- Establish the principle of proportionality of enforcement over the amount of the claim.
He concluded by stating that the rules of enforcement are universal and that the drafting of a global code of enforcement would set its natural standards.
Abdalla Mbarki, judicial officer in Algeria, explained in turn the 2008 reform of the Code of Civil Procedure of Algeria which unified all civil, commercial and administrative enforcement proceedings.
The event ended with the recommendations made by the forum as presented by Ammor Chetoui:
1. Reduce non-value judgments caused by their non-enforcement
2. Amend Article 4 of the Code of Civil Procedure regarding the status of the judicial officer
3. Provide access to information
4. Require the debtor to pay the costs of non-compliance
5. Unify the territorial jurisdiction in case of difference in enforcement execution and possibility to address to any judge.
6. Generalize the principle of proportionality
7. Reform the attachment of salaries
8. Create the attachment of vehicles
9. Organize the attachment of business assets
10. Organize the attachment of equipment and machinery from the debtor
The Symposium participants finished the day with a festive and convivial evening the Djerba way.
