To Accelerate the Reform Project of German Judicial Officers
Approximately 200 participants of the legal, academic and political worlds attended, in the old auditorium of the Ruprecht-Karl University of the town of Heidelberg, a passionate debate about enforcement in the 21st Century and about the central place of the judicial officer in the enforcement of legal decisions in Europe.
The town of Heidelberg is located in the valley of Neckar and is positioned in the North-West of the Land of Baden-Württemberg. The city is mainly known for its university, founded in 1386 by Prince Ruprecht II. It is the oldest German university. The conference was held in a splendid auditorium, filled with a special atmosphere. Moreover the participants were surrounded by sculptures and a painting representing “Pallas Athena”, Goddess of wisdom and of craftsme. The four paintings decorating the ceiling represent the disciplines of the first four faculties of the University of Heidelberg (Theology, Law, Medicine and Philosophy).
The UIHJ was represented by its new president, Leo Netten, and by one of its quaestors, Marc Schmitz. Carlos Calvo, President of the Chamber of the judicial officers of the Grand Duchy of Luxembourg, as well as his fellow-member Roland Funk, represented the Grand Duchy of Luxembourg.
The conference was expertly chaired by Martin Huff, lawyer in Cologne. The welcome speech was pronounced by Mrs. Mager, Dean of the University and by Mrs. Graf-Schlicker, State Secretary of the Federal Ministry for Justice. The latter transmitted the expressed congratulations of Sabine Leutheusser-Schnarrenberger, the newly appointed Federal Minister for Justice, who could accelerate the project tending to reform the statute of German judicial officers, who are presently civil servants. Words of welcome were also heard from the State Secretary of the Ministry for Justice, Mr. Steindorfer, as well as by Mr. Gietmann, President of the DGVB.
A European Judicial Officer Responsible for all the Enforcement of Legal Decisions
The debate was immediately opened by Professor Bruns. Following a historic insight of the judicial officer in Germany and a review of the evolution of the judicial officers in Europe, Professor Bruns was critical on the level of the evolution of the judicial officer to a liberal statute.
Many reactions followed and the response of Professor Hess, member of the Scientific Council of the UIHJ, was soon to be heard. Various aspects such as the project, the fears of the increase in the ratione loci competence and the need for encouraging a healthy “competition” between judicial officers were also evoked. It should be noted that at present the judicial officers are qualified only for one district or a given city and that they are only exclusively qualified there.
After a very lively morning session, the participants could taste the local specialties before resuming, under the vigilant eye of Goddess Athena. Professor Hess was the first to intervene and knew to impassion the audience by giving details on the evolution of the law and of civil procedure in Europe. The attachment of banking assets, the transparency of assets of the debtor and finally the central role of the judicial officer for an effective cross-border enforcement, were the topics chosen by the professor.
Reactions followed, inter alia that of Diana Wallis, Vice-President of the European Parliament, affirming the elementary role of the judicial officer during enforcement. The European Parliament has just accommodated 50 new Deputies. Moreover this institution should have new competences. According to her declaration, a harmonization of the enforcement proceedings would not be in sight. On the other hand, a better coordination of enforcement agents and judicial officers would be to recommend.
Leo Netten, President of the UIHJ, spoke to support the e-justice program. He also underlined the interest of a better coordination between judicial officers in Europe. According to President Netten, the goal would be to reach for a European judicial officer, responsible for all enforcements of legal decisions. Mr. Netten also focused on the utility and the need for the creation of the scientific Council of the UIHJ. Finally, Karl-Heinz Brunner, Vice-President of the DGVB, talked about the training of judicial officers. He asserts an adaptation and a rise in the level of studies of the German judicial officers at European level. Moreover the Land of Baden-Württemberg has just launched a project on this subject. The conclusions were presented by President Gietmann and Professor Hess.
The following day, President Netten also intervened at the time of the permanent council of the various delegates of Länder in order to promote the work of the UIHJ. He was greeted with great enthusiasm. Following a political change in Germany, and the publication of the programme of coalition of the parties in power, indicating the political will to reform the statute of the German judicial officer in order to implement a liberal statute, it is now up to German judicial officers to launch out in this inspiring reform, wished and awaited since decades. And for this, our German colleagues can rely on the full support of the UIHJ.
