Towards an Enhanced Cooperation between the CEPEJ and the UIH

 

Developing Practical Solutions for the Enforcement of Court Decisions

The 22nd plenary meeting of the European Commission for the Efficiency of Justice (CEPEJ) was held at the Palais de l'Europe in Strasbourg (France), the seat of the Council of Europe. The UIHJ, a Permanent Observer Member of the CEPEJ, was represented by its First secretary, Mathieu Chardon.

The meeting was chaired by John Stacey, President of the CEPEJ. Were also in attendance two observer Member States (Morocco and Mexico) and a guest state, Tunisia. Morocco and Tunisia are the beneficiaries of the South Programme funded by the European Union and implemented by the Council of Europe, which aims is to strengthen democracy in the Southern Neighbourhood. The UIHJ participates in the South Programme in Morocco in its part relating to the service of documents, with the National Order of the Judicial Officers of Morocco.

John Stacey said the CEPEJ is increasingly asked to participate in seminars and conferences and is sometimes forced to decline invitations for calendar reasons. Stéphane Leyenberger, Secretary of the CEPEJ, said that in 2013 the CEPEJ has participated in 35 events in thirteen Member States and four non-Member States, excluding those organized by the CEPEJ, proof of the growing interest by countries for the work done by this institution which last year celebrated its ten years of existence.

Among the many topics on the agenda, Jacques Bühler (Switzerland), Joao Arsenio de Oliveira (Portugal) and Jean- Paul Jean (France), gave an account of the activities of the South programme with the European Union in Morocco, Tunisia and Jordan.

Regarding the evaluation of the European judicial systems, it was reported that the 2014 edition would be published in September 2014.

François Paychère (Switzerland ), Chair of the CEPEJ Working Group on quality of justice (CEPEJ-GT- QUAL) presented the results of the work during the year, particularly the indicators to measure the quality of justice, customer satisfaction surveys among court users, and revision of the Guidelines on the creation of judicial maps. The first item was referred for adoption at the next plenary meeting. The other two items were approved.

Jacques Bühler, President of the Steering Group of the SATURN Centre for judicial time management, informed the members of the CEPEJ on its activities. He presented the draft Revised Guidelines for judicial time management. This project was approved.

The activity programme of the CEPEJ for 2014 and 2015 was discussed during the meeting and adopted. For judicial officers, this programme is as important as the Guidelines on enforcement adopted on 17 December 2009 by the Committee of Ministers of the Council of Europe. The CEPEJ, recognizing the fundamental importance of the enforcement of judgments - an efficient enforcement respecting human rights - asked the CEPEJ-GT-QUAL to include this branch of law in its work.

According to the programme, the CEPEJ-GT-QUAL is now instructed to "draft concrete solutions for policy makers and for courts to improve the organization of the court system, in particular as regards access to courts and enforcement of court decisions”. It is expected that, to fulfil its tasks, the Working Group shall in particular "promote the CEPEJ Guidelines on Enforcement of court decisions and prepare guidance for policy makers on the powers of enforcement agents and methods of enforcement”.

The UIHJ can only welcome this excellent initiative and ensures the CEPEJ of its full support in the implementation of this major project. The help and expertise of the UIHJ is fully offered to the CEPEJ. On several occasions, President Stacey had told the UIHJ his willingness to include enforcement of court decisions in the work of the CEPEJ. Today this reality can only be welcomed.

The 5th Anniversary of the CEPEJ Guidelines on Enforcement

During the meeting, Mathieu Chardon mentioned the work of the UIHJ during the year. He referred to the work of the UIHJ on the Global Code of Enforcement. The First Secretary of the UIHJ indicated that the project, initiated in 2006 after the International Congress of Judicial Officers in Washington, is being developed. It was presented to representatives of the World Bank, the United Nations Commission on International Trade Law (UNCITRAL), the Hague Conference on Private International Law, the Organization for the Harmonization of Business Law in Africa (OHADA) and the Association Henri Capitant, in Lomé (Togo) in September 2013 on the occasion of an international conference organized by the UIHJ and the National Chamber of judicial Officers of Togo.

Mathieu Chardon evoked the project of a UIHJ study on the efficiency of enforcement procedures and the profession of judicial officer at global level. This study is based on the Grand questionnaire of the UIHJ and the CEPEJ Guidelines on enforcement. He stressed that the work is meant to be carried out in cooperation with the CEPEJ and it was now in line with the activity programme of the CEPEJ for 2014 and 2015 that had just been adopted.

Finally, the First Secretary of the UIHJ announced the decision of the UIHJ to organize an international seminar on the occasion of the fifth anniversary of the CEPEJ Guidelines on Enforcement. He recalled that this fundamental document is a roadmap of great legibility not only at European level but also at global level. He added that the UIHJ is a tireless promoter of this CEPEJ instrument worldwide. An international conference would shed new light on this instrument to ensure once again its promotion, to prepare an initial assessment and to outline its future for years to come.

For the UIHJ the best time and place to hold this conference would be in the precincts of the Council of Europe, in cooperation with the Council of Europe and the CEPEJ at the occasion of its 24th plenary meeting in December 2014. The CEPEJ noted with interest the proposal of the UIHJ and entrusted the secretariat to explore the possibility of jointly organizing with UIHJ a one day colloquy on this subject next to the 24th plenary meeting.