The 2010 edition of the CEPEJ report on European Judicial Systems
As it is the case twice a year, the UIHJ went to the seat of the Council of Europe, in Strasbourg (France), in order to take part in the plenary session of the European Commission for the Efficiency of Justice (CEPEJ). The UIHJ was represented by its vice-president, Roger Dujardin, and its 1st secretary, Mathieu Chardon. The UIHJ is a permanent observer member of the CEPEJ. It takes part for this reason in the plenary meetings, which gives the occasion to be informed on the works in progress and the projects of the CEPEJ as regards efficiency of justice. One of the main events of the meeting was the publication of the 3rd edition of the CEPEJ report on European Judicial Systems. This 2010 edition relates to data collected in 2008. This impressive work of more than four hundred pages constitutes a fundamental base of information on very diverse fields relating to the forty seven Member States of the CEPEJ. Among the topics, the cost of justice, access to justice, the organization of the jurisdictions, the judiciary, aspects relating to the fair trial as well as the representation of parties, notaries, lawyers, or the enforcement of legal decisions. This document is available in English and French and can be downloaded from the CEPEJ website:
http://www.coe.int
A debate followed on the conclusions to draw after the publication of this report, in order to prepare the next evaluation cycle for the 2010-2012 period.
The 1st Anniversary of the CEPEJ Guide Lines on Enforcement
In the name of the UIHJ and its president, Roger Dujardin thanked Fausto de Santis, the CEPEJ president, for all that he achieved during his presidency, and specifically for the realization of the Guide Lines which stipulate European standards relating to enforcement. Besides, the vice-president stressed that one could celebrate the 1st anniversary of these guide lines, votes by the CEPEJ on 10 December 2009. He then informed the members of the CEPEJ that it was decided within the Scientific Council of the UIHJ to carry out a World Code of Enforcement. For this reason, the Guide Lines will be used as a basis and as a reference to carry out this prestigious project which is to be presented at the time of the next international congress of the judicial officers, in Cape Town (South Africa), in May 2012. For Roger Dujardin, this world code of enforcement “will determine standards and principles for an effective, equitable, human enforcement within a reasonable time, worldwide”. In the report # 12 of the CEPEJ, continued our fellow-member, it is mentioned that “it is difficult to determine a foreseeable timeframe for enforcing decisions, as, in a number of states or entities, the enforcement depends not only on the steps taken by the creditor, but also on the solvency of the debtor”. A reasonable time for an enforcement procedure is nowadays recognized as a basic right of the concerned parties. In order to carry out enforcement within a reasonable time, the enforcement agent must have the proper means to enable him to satisfy this standard. “So that we can wonder whether the transparency of the debtor's assets, managed by a responsible enforcement agent and strictly held to his professional secrecy, does not constitute in its turn a basic right for the creditor?” asekd the vice-president of the UIHJ.
Mathieu Chardon mentioned the actions undertaken by the UIHJ since the CEPEJ 15th plenary meeting CEPEJ of 9-10 September 2010. He particularly mentioned the 50th birthday of the National School of Procedure of Paris, mid-September, during which the CEPEJ Guide Lines on enforcement and enforcement agents were presented to French judicial officers. An appointment had been taken on 21 September at the Consilium in Brussels, initiated by the Council of the European Union. Its object was to ask the UIHJ to set up a directory of the judicial officers for the 27 Member States of the European Union, for the European e-Jusice portal. He indicated, in echo to the words of Roger Dujardin, that the Scientific Council of the UIHJ met on 28 September 2010 in Paris to ground this great project of a World Code of Enforcement. The 1st secretary of the UIHJ then evoked the 2nd meetings of African and European judicial officers which were held in Yaoundé (Cameroon), end of October 2010. During this major conference in which Christophe Bernasconi, 1st secretary of the Hague Conference on Private International Law took part, the CEPEJ Guide lines on enforcement and enforcement agents were also presented in detail.
Lastly, our fellow-member indicated that Moldova became the 71th member of the UIHJ at the time of the permanent council of the UIHJ which was held in Paris at the end of November 2010, in the presence of its Minister for justice, Alexandru Tanase. Invited by the UIHJ, Mr. Paulino Pereira, president of the work group on e-Justice of the Directorate General H, Justice and interior matters of the Council of the European Union, gave a presentation on the European e-Justice portal. The 1st secretary of the UIHJ informed the members of the CEPEJ that representatives of the ministry for the justice of Armenia and Israel also attended the permanent council.
Election of the New President of the CEPEJ
The meeting marked the end of the final mandate of the current president of the CEPEJ, Fausto de Santis. All the members of the CEPEJ greeted the excellent work accomplished by Mr. de Santis during the four years of his two successive mandates, during a very moving semi-official ceremony, which shows the strong links between the members of the CEPEJ. John Stacey (UK) was unanimously elected new president of the CEPEJ. Like Fausto de Santis, Mr. Stacey is very receptive to the questions relating to efficiency of legal decisions, as he already shown on various occasions. Mr. Stacey took an active part in 2009 in the CEPEJ-GT-EXE working group on enforcement, which gave way to the CEPEJ Guide Lines on enforcement and enforcement agents. He had also travelled to Glasgow (Scotland) in May 2010 during the European permanent council of the UIHJ to present this document. The UIHJ addresses its warmest congratulations to John Stacey and wish him and the members of his bureau an excellent and fruitful mandate.
