A Follow-up of the Process by the UIHJ Since 2002
The European Judicial Network in Civil and Commercial matter (EJN) was created by a decision of the Council of the European Union (EU) of 28 May 2001. The mission of the EJN is to facilitate legal cooperation between the Member States in civil and commercial matters, including devising, progressively establishing and updating an information system for the members of the Network. It devises, progressively establishing and updating an information system that is accessible to the public (EJN and European Judicial Atlas websites). Among its other attributions is also the effective and practical application of Community instruments or conventions in force between two or more Member States.
The EJN is composed of contact points designated by the Member States, central bodies and central authorities provided for in Community instruments, liaison magistrates and any other appropriate judicial or administrative authority with responsibilities for judicial cooperation in civil and commercial matters. However, it appeared from the beginning that a close cooperation with the law professionals (notaries, lawyers and judicial officers) was a need impossible to circumvent. For this reason, the UIHJ had taken part in a roundtable at the time of the solemn opening meeting of the EJN which had proceeded on December 4th, 2002 in Brussels (Belgium). The UIHJ was then invited to take part in several meetings in Brussels to discuss a possible implication of these professionals within the EJN and the methods such an implication.
The Participation of the Legal Professions in the Process of Harmonization of Justice on a European Level
The result of these discussions was made possible, it is necessary to underline it and greet it, mainly thanks to the implication of France at the time of the French presidency of the Council of the European Union which carried out a true prowess here. On December 4th was thus organized during the 7th meeting of the EJN which was held in Paris a roundtable on: “the future of the EJN: towards access by legal professions to the Network's activities- State of play of the negotiations”. The roundtable was chaired by Lina Papamichelopoulou, Acting HoU, General Justice Issues and E-justice (European Commission), at the sides of Joao Simoes de Almeida (European commission). The presidency of the Council of the EU was represented by Claudine Jacob. Mathieu Chardon represented the UIHJ in his capacity as 1st secretary. The notaries were represented by Stephan Matyk and the CCBE by Peter Köves. In the room, the presence of the National Room of French Judicial Officers was represented by Patrick Sannino, treasurer, Jean-Daniel Lachkar, member of the board, assisted by Patrick Safar, delegate, and by Gabriele Meccareli (head of the legal department).
In her introductory speech, Claudine Jacob declared that the innovation for the EJN would be the participation of the professions. This opening to the professions was very discussed, in particular at the level of their integration. It was decided that the network would be opened to the professional orders and to their national representatives. The objective is that the professional orders contribute with the contact points to the missions of the EJN. Questioned on the topic, Mathieu Chardon said that the UIHJ was delighted by this prospect which devoted in all logic the participation of the legal professions in the process of harmonization of justice and its integration on a European level.
The European Parliament in its meeting of 17 and 18 December 2008 ratified the Commission proposal. This community asset is incontestably a great recognition of the fact that judicial officers are essential elements of the Rule of law, as stated on a larger European scale the European Court of human rights in its famous Pini versus Romania case of June 22nd, 2004. It should however be indicated that this collaboration will truly not be operational before 2010, to give time to set up the necessary structures to its good implementation.
