A Worldwide Need for Security
About thirty delegations of the member states of the UIHJ gathered in Paris for this meeting of the highest authority of the Union after the international congress which took place in Marseilles (France) only a few weeks ago.
As usual, the president of the National chamber of the judicial officers of France, in the person of Guy Duvelleroy, accommodated the delegations in welcoming them in the house of the French judicial officers. Addressing to Leo Netten, the new president of the UIHJ, the French president indicated: “Since the last congress, a new president leads the UIHJ. The accent has changed but the dynamism is always there and your ambition unquestionable. The wishes of the French National chamber accompany you in the concretization of your projects which are also ours. Together we must promote the culture of legal security on a European and world level”.
Leo Netten thanked Guy Duvelleroy for quality of the reception each time reserved for the UIHJ and for the support of the French chamber for the work of the UIHJ. Following President Isnard evoking the economic crisis during the permanent council of November 2008, Leo Netten wondered whether, “in the center of the problem, the question of security does not appear because, indeed, there is a worldwide need for security”. One of the purposes of the judicial officer is to guarantee the rights of parties. This guarantee is translated as much in the protection of their rights as in the recognition of those rights. The judicial officer is a qualified professional whose impartiality and neutrality constitute the principal characteristics. They guarantee that a citizen, creditor or debtor, will have a fair and suitable application of the law. In addition this enforcement agent is fully liable, at civil, professional and even penal level, in case he fails in his duties. Everywhere in the world the judicial officer offers these legal guarantees which are so necessary to end the economic crisis.
Turning the Judicial Officer into the Trusted Third Party of the 3rd Millennium
Two axes appear essential for President Netten to achieve a harmonization of the profession: training and E-justice. As regards training, he recalled that the UIHJ created the International Training Center for Judicial Officers (CIFHJ) whose objective is to give to the judicial officers a common education level through transverse topics such as the European instruments, training of trainers, communication, etc. As regards e-justice, he said that one of the objectives of the new board is to make of the UIHJ the Certification Root Authority pertaining to the use of electronic signature. In other words, it is a question of turning the judicial officer into the trusted third party of the 3rd millennium. He also announced that the world code of enforcement, whose development was going to start, should be presented at the time of the next international congress of Cape Town (South Africa) in May 2012. Taking again the topics of his speech of Marseilles, the president recalled that the UIHJ was to consolidate and reinforce its presence on the international scene, near the major international institutions: African Union, Hague Conference on Private International Law, European Commission for the Efficiency of Justice (CEPEJ), or the Forum justice of the European Commission. Concerning this last entity, he greeted the presence in the hemicycle of Amélie Leclercq, desk officer at the European Commission, Directorate General JLS, Unit E, he had met with Francoise Andrieux, general secretary of the UIHJ, on November 17 2009 in Brussels with Jacek Gartska, head of Unit, at the time of a meeting on e-justice.
“The challenges which the UIHJ will have to meet are enormous and the next years will be determining for the future of the judicial officer”. With this intention, he announced that the board had decided that the UIHJ should be equipped with a professional secretariat. For this reason, a position, which was going to be occupied by Mathieu Chardon, 1st secretary, had been voted. He also confirmed the designation of Francoise Andrieux at the position of secretary general of the UIHJ, in place of René Duperray. Leo Netten congratulated Bernard Buijsse, for his election at the chair of the National Chamber of the judicial officers of Belgium, and Juraj Podkonicky and Zsolt Orell, respectively new secretary and vice- secretary of UIHJ-EuroDanube.
84 Events in One Year
Mathieu Chardon then presented the report of the activities of the Union since the last permanent council. Between the statutory meetings, those of the UIHJ-Euros, the actions of harmonization, promotion of the profession, of communication, scientific work, training, international meetings, meetings with the institutions and international organizations and the representatives of the States, and the prospective actions, the UIHJ has taken part in 84 events in one year.
Nicola Hesslen, permanent secretary of the UIHJ for the Scandinavian countries, gave a report of the activities in those countries. In Denmark, the financial crisis left traces in all the country. That appeared by an increase in the number of covering and auctions. A centralized computing system to facilitate the enforcement of legal decisions is under development. Our colleague recalled that the 6th Scandinavian seminar took place from 2 to 4 September 2009 in Copenhagen, in the presence of the president of the UIHJ. This seminar treated topics such as bankruptcy procedures, the European regulation on insolvency, the excessive debts of private individuals, and also the means of harmonizing enforcement in Scandinavia. In Norway, where the next Scandinavian seminar will be held in 2011, a file of debtors and of all the seizures made in the country was established in 2009. The judicial officers have access to this register. As regards training, Norway should soon follow the example of Sweden with theoretical and practical courses. Finland adopted guiding principles on enforcement. The enforcement service should be reorganized in 2010 in the country. Training should also develop. There is still no contact with our fellow-members of Iceland. Some fellow-members of Greenland took part in the Copenhagen seminar. Lastly, in Sweden, Nicola Hesslen recalled that the service of covering was reorganized. Today there is only one independent authority which has no connection with the Tax Office.
David Walker (Scotland) presented a report of the situation in the United Kingdom and in Ireland. In Ireland, there is still no contact for a resumption of the relations with the UIHJ. As regards England and Wales, our fellow-member addressed the greetings of Claire Sandbrook, chair of the High Court Enforcement Officers Association, who could not be present. A meeting organized by this association was held recently. It gathered fellow-members as well as judges and various stakeholders. During this meeting, Claire Sandbrook indicated how important the UIHJ was and how much training was essential to her eyes. David Walker announced that our English fellow-members were revising their tariff. Concerning certificated bailiffs, these professionals work to the installation of a code of conduct which they will submit to the authorities. For Scotland, our fellow-member addressed the greetings of Dorothy Love, president of the Sheriffs and Messengers-At-Arms Society. He indicated the recent developments of the profession in his country.
Abdelaziz Fouganni (Morocco) said that the Union of the judicial officers of North Africa was founded in Tunis, under the aegis of the UIHJ. The founder countries are Algeria, Morocco and Tunisia. He announced that he was elected on September 25th, 2009 chair of the newly created National Order of the judicial officers of Morocco. Eleven district councils and 850 judicial officers who are members of the profession are from now on all members of this national order. Let us recall that the occupation of judicial officer was created in Morocco in 1990 and that our fellow-members exert in a liberal form. He thanked the UIHJ and the French chamber for the assistance and support brought in the long process of creation of this order.
Honoré Aggrey, vice-president of the UIHJ, evoked the actions of the UIHJ in the African countries of the Ohada zone. An Ufohja seminar was held in Niamey (Niger) on the enforcement of legal decisions. It focused on the role of the judicial officer in its economic aspects. Some specific problems were also discussed, in particular the social status of African judicial officers.
Johan Fourie (South Africa), member of the board of the UIHJ, spoke about the countries of the Southern African area. He indicated that much to his regret the Cadat project was delayed for various reasons. In South Africa, there were several changes relating to the occupation of sheriff, in particular in their appointment mode. There will be soon competition between several sheriffs of the same territory. A minimum education level will be moreover required to integrate the profession. Johan Fourie finally invited the whole of the delegations to go to Cape Town in May 2012 to attend the 21st international congress of the UIHJ.
Sue Collins (the USA), member of the board of the UIHJ, announced that the NAPPS elected a new president. This last developed a new American Committee to identify the states in which the development of the Process Servers is relatively low, to try to improve this situation. Sue Collins announced that she would attend the next conference of the Sheriffs in Washington D.C on January 21 2010. The Committee of the Sheriffs henceforth will consider civil lawsuits, which it did not do before, only criminal aspects of the procedure being concerned. Our colleague indicated that she would take part in the meetings of this committee.
Louis-Raymond Maranda (Canada), member of the board of the UIHJ gave a report of the conference which was held in May 2009 in Quebec and which dealt with e-justice, in the presence of Jacques Isnard, president of the UIHJ, Leo Netten, Guy Duvelleroy and Alain Bobant, judicial officer (France), president of the Law Electronic and Communication Association. “Only the judicial officer can be the trusted third party as regards the electronic service of documents and electronic transmissions”, such is the conclusion of the works of this conference, said our colleague.
Jos Uitdehaag (the Netherlands), 1st quaestor of the Committee of the UIHJ, gave an outline of the Balkans Enforcement Reforms Project which he is involved in and which relates to seven countries of the area. He indicated how much the organizers of the project were happy to have been able to join together at the same table representatives of Serbia and Kosovo. That shows the will of the parties to go forward in the field of the reform of enforcement procedures.
Bernard Menut, 1st vice-president of the UIHJ, declared very satisfied with the tendency which he initiated for the UIHJ and which consists in joining international projects. “It is one of the least expensive ways for the UIHJ to develop the occupation of judicial officer in a certain number of countries” he declared. Concerning Ukraine, he announced that the will to change towards a liberal system is on the way.
Mohamed Mania, representing the Ministry for Justice of Egypt, gave an outline of the situation in his country as regards the occupation judicial officer. He indicated that the government was very favorable to the creation of a liberal judicial officer in Egypt, in consideration of the low level of covering of the Egyptian civil servant judicial officers compared to world standards. A bill is currently under development at the Parliament and will be presented in 2010.
Relations with International Organizations
Leo Netten confirmed the will of the board to integrate the working groups of international organizations. Contacts with The Hague Conference on Private International Law are customary, in particular with Christophe Bernasconi, 1st secretary. Hans van Loon, General Secretary, intends to set up a working group for the three next years.
Mathieu Chardon gave a report of the meetings of the CEPEJ working group on enforcement (CEPEJ-GT-EXE) and indicated that the guiding lines which had been prepared should be voted during the 14th plenary meeting of the CEPEJ on 9 and 10 December 2009 in Strasburg. “If these guiding lines are adopted, said the 1st secretary of the UIHJ, we are setting up the first steps of the harmonization of the profession and the procedures of enforcement in Europe. We intervened to say that it would be necessary for the judicial officer not only to perform enforcement, but be in charge of all enforcement procedures. We also suggested as parallel activities all those included in the project of the multi-field judicial officer developed by the UIHJ”.
Honoré Aggrey indicated that the UIHJ addressed to the presidency of the African Union (AU) to develop cooperative relations. A positive answer was given. A contact was made with the Economic Social and Cultural Council (ECOSOCC) of the AU. “By nurturing this type of relations we will advance in the CADAT project since its purpose is to join together all the judicial officers of the continent” declared the vice-president of the UIHJ. Concerning the project of a uniform statute of judicial officer in Africa, the UIHJ approached the Economic and Monetary Union of West Africa (UEMOA) which declared very interested by the installation of such a statute. In this respect it plans at harmonizing liberal professions within the eight Member States of the UEMOA.
Leo Netten informed the participants of the recent meeting of the Justice Forum of the European Commission and the participation of the UIHJ in this Forum. Francoise Andrieux then gave a detailed report of this meeting.
Bernard Menut informed the participants of the modifications relating to the procedure of the Committee of the UIHJ. From now on, the heads of delegations will be the driving force of the Committee. He insisted on the importance to answer the whole of the questionnaires which will be addressed to them.
As example of the work of the Committee, Adrian Stoica, vice-treasurer of the board of the UIHJ, noted the deficiencies as regards seizure of property. The procedure of sale by order of the court of immovable is not harmonized. Many judicial officers cannot proceed to this sale. Thus the board of the UIHJ will prepare a questionnaire on the matter which will be addressed to the heads of delegations.
Submitting a report on the activities of the UIHJ-Euros, Francoise Andrieux pointed out the recommendations which were made at the conclusion of the UIHJ-EuroMed session in Lisbon (see our article on the site: http://www.uihj.com/rubrique.php?ID=1003106&lg=fr (French) or http://www.uihj.com/rubrique.php?ID=1003106&lg=ang (English)).
Juraj Podkonicki, new secretary of UIHJ-EuroDanube, acknowledged the work completed by Michael Redelbach, who was the first secretary of this branch of the UIHJ and who set up all its structures. He mentioned his wish to organize two or three meetings per year, over a three days period.
The IDJPEX Becomes the Jacques Isnard Institute
Concerning the Institute of International Private Judicial Law and Enforcement Law (IDJPEX), Leo Netten indicated that the board wished to change this name into “The Jacques Isnard Institute, Institute of International Private Judicial Law and Enforcement Law”, to pay homage to its creator. This proposal, spontaneously greeted by a long row of applause, was thus unanimously adopted.
Francoise Andrieux spoke about the Scientific Council of the Jacques Isnard Institute (IJI). This council was created in June 2008. Its blossoming appeared at the time of the congress of Marseilles which joined together all 12 members of the council coming from four continents. President Netten launched the writing of the world code of enforcement. Natalie Fricero, professor at the faculty of Nice (France), member of the Scientific Council of the IJI, will lead the work with some other colleagues of the Scientific Council. The whole of the members of the Council will have to work to this code when work has advanced.
Honoré Aggrey indicated that the Training Unit of African Judicial Officers (Ufohja) has today 28 seminars to its credit. All countries of the Ohada zone were visited. He renewed his gratitude to the National School of Procedure of Paris (ENP), its president Jean-Michel Rouzaud as well as its experts, for the work completed. There will be two seminars in 2010: the first in Chad in February, the second in Congo. “Ufohja is in a very good shape” concluded the vice-president from the UIHJ.
Concerning the international contest of the UIHJ, Adrian Stoica regretted that this contest, open to Master II students, did not meet any success and that the few works which had been addressed did not have the required quality. Consequently, he announced the opinion of the board to cancel the contest for the future. This opinion was shared by the assembly.
Mathieu Chardon evoked the world library of the UIHJ and Juris-Union. He recalled the objective of the UIHJ as regards the world library: to propose to the Internaut a world bibliography of works on the profession and enforcement procedures with references towards the links and web pages of the concerned publishing companies. That requires a great deal of work, recognized the 1st secretary, which calls for the good will of all the countries. It is thus necessary to continue the efforts to achieve the required goals. He mentioned the publication of the third issue of Juris-Union, devoted to the introduction of the documents initiating proceedings at European level, considered as the weak link of the European legal area, and which included the draft European directive of document initiating proceedings as prepared by the UIHJ.
The subject of the World day of the judicial officers was also tackled by Honoré Aggrey. “It is a means of ensuring the promotion of the judicial officer” he estimates. The next World day is set on 10 June 2010. The topic will be proposed soon.
Concerning the web site of the UIHJ, Mathieu Chardon indicated that its rate of monthly frequentation was over 15 000 visits per month. Concerning however the extranet site and the electronic Newsletter of the UIHJ, the 1st secretary regretted their low development and indicated that the board was going to think of the best way of developing these communications tools.
A Profession at the Junction of the World of Business and the World of Justice
On Thursday afternoon, a workshop was held on the topic of training. It was chaired by Francoise Andrieux with Amélie Leclercq, Jean-Michel Rouzaud and Abel-Didier Pansard, director of the CIFHJ. Amélie Leclercq indicated that the specific financial programs of the Directorate General Justice, Freedom and Security, were intended for the Member States of the European Union. On the other hand, there is a justice program for the EuroMed countries and there are programs of outside assistance for Latin America, Africa, etc. According to her, the difficulty resides in the fact that it is not possible to have a worldwide program. It is thus necessary to regionalize. At European level, very few texts relating to training exist and they do not concern judicial officers. Mrs. Leclercq then explained the broad outlines of the European financing systems and the importance of a planning over approximately three years.
“This, I think, is the only real difficulty for European financings, because otherwise, compared to the criteria of eligibility, on the targets that you aim at, international structures such as yours meet them easily” she added. She also specified the utility to address position papers on various problems like those - of topicality - of economic and financial crisis so that they are integrated in the multi-annual programs. “As your profession is really at the junction of the world of business and the world of justice, you also have your word to say on the matter” estimated Amélie Leclercq. On training she added that “at European level on the questions of ethic and deontology [it] appears increasingly crucial that the citizens trust not only the law professionals of their own country but also those of the other Member States”. The representative of the European Commission finished her presentation by inviting the UIHJ to pursue its multi-field program, in order to propose answers to the “cross-problems between professions”.
Development through Training
Jean-Michel Rouzaud presented the ENP of Paris of which he is the president: “It is through training that a profession develops. Everywhere where it is observed that professional branches developed, each time, it will also be observes that training is at the base of this development”. The president of the ENP of Paris then evoked the history of the school in France since his creation in 1962, and the correlation between the development of training in France and the development of the profession. He traced the broad outlines of what could be the collaboration of the ENP of Paris in the European field and beyond. According to him, there are two ways of considering training. Either a diploma is imposed by the public authorities and one consolidates this diploma through training, or there is no imposed diploma. In this case, it is necessary to anticipate and to train the professionals to take them to a certain level. It is then that the profession can assert a diploma. This is what happened in France. Then Jean-Michel Rouzaud indicated that it is essential that training is not dispersed. It must remain concentrated in a single organization. He did not fail to recall that in France, the main professional training schools (for judges, court staff, police force, etc), are single organizations. When it comes to the ENP of Paris, there are regional centers but the trainers are trained to provide the same training. Then, the president mentioned the international aspect his school. He indicated his wish to organize structures to allow training at international level, by offering the assistance of the ENP of Paris, in particular pertaining training of trainers. He also spoke about a common training, for example on European instruments. “The final goal will be to create this professional culture of identity so that the judicial officer in Bucharest is perceived in the same way that the judicial officer in Lisbon, that the judicial officer of Stockholm is the same as that of Ouagadougou” he concluded.
In his turn, Abel-Didier Pansard presented the CIFHJ. Although the legal systems are different in the European countries, common European legislation started to appear ten years ago, hence the idea of this center created two years ago by the UIHJ, the ENP of Paris and the National chamber of the judicial officers of France. Since then, two conferences took place, in Brussels and Paris. Actions were made on training of trainers. The CIFHJ also took part in international events, in Europe but also in Algeria and Tunisia. A steering committee was founded. It includes representatives of France, Greece, Italy, Luxemburg, the Netherlands and Portugal. This committee must organize the next Training day which will take place on February 25th, 2010 in Brussels. The role of the CIFHJ is also to help with the training of trainers. The ENP of Paris can bring its expertise in the installation of training centers. For all that, estimated Abel-Didier Pansard, we have need for the mobilization of the greatest number of the chambers or national orders of judicial officers.
Bernard Menut added that there exists at the same time a great need and a critical size as regards training of enforcement professionals. In the countries under “judicial development”, one the system of public legal academies is commonly used. This system is not appropriate to the professionals who ask for the creation of a specific vocational school. But there is a critical size. If the country includes only fifty or a hundred professionals, the creation of a school does not make sense. He specified how much the concepts of regionalization of trainings, modular training, or training of trainers, were of concern for the countries.
A Historical Day for Morocco
Being finances, the accounts of 2008 were approved.
Walter Gittmann, president of the Chamber of the judicial officers of Germany gave information on the evolution of the project having to allow the reform of the statute of the German judicial officers. The Government agreed to change the statute for a liberal system. But it seems that the need for two thirds of the majority is necessary at the Parliament. In the meantime, our German fellow-members try to obtain more responsibilities and a better training. In July 2009 a law on transparency of assets was voted. It will come into force in 2013. The judicial officer will be responsible for the electronic localization of the goods of the debtors. He will also have the possibility of granting terms of payment. In January 2010 they will be able to make biddings by Internet by using a platform of the ministry for justice. He also evoked the symposium of Heidelberg of November 6th, 2009 (see our article on the site), which was a great success.
Alain N'Gongang, president of the National chamber of the judicial officers of Cameroon, presented a report of the activities of his profession in his country. He indicated that the new chamber got busy since its election in November 2008 to give a broader window of the profession: Internet site, means of communication, national directory of the judicial officers, etc. Meetings proceeded at the highest level to sensitize the authorities “on the neuralgic role of the judicial officer and the true place which is his in the legal apparatus, the economy and the Rule of law”. Moreover, the Minister for justice gave its approval and its financial support during the celebration of the World Day of the judicial officers. “The celebration of the World day was the occasion for us to strike a great blow and to promote, even in the most remote places of the country, the judicial officer in what he is and in what he is not” declared our fellow-member. The president of the Cameroonian chamber announced the organization of an international symposium which will be held in Yaoundé in October 2010. He invited the delegations to attend this event.
Abelaziz Fouganni, president of the National order of the judicial officers of Morocco, declared that September 25th, 2009 is a historical day for Morocco with the birth of the National order. “One can say now that the occupation of judicial officer in Morocco is equipped with all the needed influential structures to address to the public authorities” declared our fellow-member. And then praised the full support of the UIHJ since 1996 when the association of the judicial officers was created. “I make a point of deeply thanking President Jacques Isnard. I say to him that you are the spiritual father of our profession in Morocco, and I make a point of thanking the national chamber of judicial officers [of France] for its assistance and my fellow-members of the Maghreb and long live the UIHJ! ” president Fouganni concluded. Enthusiastic applauses greeted his speech.
Stanislava Kolesarova, vice-president of the National chamber of the judicial officers of Slovakia, explained why the profession is currently confronted with a double problem. Access to the profession is authorized to any person titular of the necessary diplomas. The jurisdiction ratione loci is national today whereas it would be beneficial for everyone to limit it to a restricted competence. The Slovak vice-president wished to hear the point of view of other delegations on these questions which are discussed with the authorities.
The AUGE Joined the Rows of the UIHJ
In the agenda was raised the question of the admission of the Italian Association of the European judicial Officers (AUGE). Bernard Menut pointed out that another organization is already member of the UIHJ. This organization has not attended the meetings for several years. On the other hand, the AUGE is very involved in the UIHJ. Italy is not the only country in which two or several organizations represent the profession. It is the case in England, in the United States or in South Africa. Bernard Menut indicated that the board wished for the AUGE to become an official member of the UIHJ until the next international congress of the UIHJ in Cape Town, in 2012. This proposal was submitted to the vote and was adopted unanimously. Obviously very enthused, Arcangelo d' Aurora and Andrea Mascioli, respectively president and vice-president, cordially thanked their fellow-members and the UIHJ. They confirmed that the AUGE would continue to be involved so that “in Europe and in the world, there is one judicial officer with the same objectives in an ever growing family”.
Concerning the international congress of Cape Town in 2012, Bernard Menut announced that Mathieu Chardon was proposed as general reporter of this event. Our colleague declared honored. What is interesting to address for the next congress, he said, is that from now we are aware of the great international dimension of the UIHJ. “It will be the occasion to show that the UIHJ is indeed a large organization and we will try to push the occupation of judicial officer always further” he promised. Johan Fourie added that it is a great honor for South Africa to accommodate the congress. The South African Board for Sheriffs was chosen as Steering Committee. “We are ready to start” declared Johan Fourie.
David Walker invited the delegations to come to Glasgow on May 6th and 7th 2010 for the permanent council. “It will be my personal mission to make sure that you have the very best Spring Conference ever” he promised.
After the vote of the wishes of the congress of Marseilles, the e-justice workshop was held. This workshop was composed of Guyla Kovacs, member of the National chamber of the judicial officers of Hungary, Jos Uitdehaag, Alain Bobant and Jacinto Neto and David Los, representatives of the Chamber of the judicial officers of Portugal. Each speaker presented the broad outlines of the dematerialization of enforcement procedures and access to information in their respective countries. Alain Bobant greeted the remarkable work of the Hungarians in the field of technology.
Then Jean-Daniel Lachkar, member of the National chamber of the judicial officers of France (CNHJ), presented the project proposed by the French chamber. The French chamber answered a call to project of the European Union on civil justice and suggested the creation of a platform making it possible to improve communication between judicial officers for distraint in cross-border cases. Jean-Daniel Lachkar thanked the countries which followed the French chamber as well as President Netten for this project which is in the hands of the European Commission for examination. If the project is adopted, it should start in the first half of 2010 to last twenty-four months. The platform has vocation to be extended to all the European countries. It will also allow a communication towards the citizens. The goal is to fall under logic of co-operation with the European authorities and to give access to the law for the European citizens. The sharing of surveillance at internal and community level is also envisaged. “We are ready and await the answer of the European Commission” said Jean-Daniel Lachkar. On the relations between the national chambers and the UIHJ, he renewed the will to maintain close contacts. The Civil Law Initiative was also evoked. The next conference will take place in Rome at the end of June 2010. Europe aims at a fast dematerialization. “For the future of the profession, which I see only in the union, it is necessary that work is done under the aegis of the Union. It is the Union which can coordinate our respective actions. It is this Union which will allow at European level and thus at world level, the defense our profession”, added Jean-Daniel Lachkar.
In conclusion of the works of the permanent Council, Leo Netten mentioned how special this council was for him, as it was his first in his quality of president of the UIHJ. After having thanked the participants, his board and his secretariat, he quoted again President Isnard: “Many imagine that wealth translates into terms of bank account. But there is also human richness. For that one must come to the UIHJ”.
