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Extract from document CM(2015)131 addfinal of 2 December 20151

Consultative Council of European Judges (CCJE)

Set up by the Committee of Ministers under Article 17 of the Statute of the Council of Europe and in accordance with Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.

Type of committee: Ad hoc Committee

Terms of reference valid from: 1 January 2016 until 31 December 2017

    Main tasks

    As a consultative body composed exclusively of judges, representing a direct and privileged interlocutor of the judges in member States, tasked with dealing with the independence, impartiality and competence of judges, and having regard to Recommendation Rec(2010)12 on judges: independence, efficiency and responsibilities, the CCJE shall advise the Committee of Ministers on issues regarding the status of judges and the exercise of their functions and prepare and adopt opinions for the attention of the Committee of Ministers on these issues. While doing so, it shall take into consideration the 2015 Report by the Secretary General of the Council of Europe on the “State of Democracy, Human Rights and the Rule of Law in Europe”.

    Pillar/Sector/Programme

    Pillar: Rule of Law

    Sector: Ensuring Justice

    Programme: Independence and Efficiency of Justice

    Specific tasks

    (i) Prepare and adopt, in 2016 and 2017, respectively, at least two opinions for the attention of the Committee of Ministers on issues regarding the status of judges and the exercise of their functions;

    (ii) In accordance with the 2015 Report by the Secretary General of the Council of Europe on the “State of Democracy, Human Rights and the Rule of Law in Europe”, and in co-ordination with the CCPE and the CDCJ, draft and publish a comprehensive review of the main challenges for judicial impartiality and independence in member States, and participate in the implementation of the action plan that the Committee of Ministers may adopt on this topic,

    (iii) Provide targeted cooperation at the request of member States, CCJE members, judicial bodies or relevant associations of judges, to enable States to comply with Council of Europe standards concerning judges;

    (iv) Prepare texts or opinions concerning the specific situation of judges at the request of the Committee of Ministers or other bodies of the Council of Europe such as the Secretary General or the Parliamentary Assembly;

    (v) Encourage partnerships in the judicial field involving courts, judges and judges’ associations.

    Composition

    Members:

    Governments of member States are entitled to appoint one or more representatives (preferably one member and one deputy member) of the highest possible rank in the relevant field. Members should be chosen in contact, where such authorities exist, with the national authorities responsible for ensuring the independence and impartiality of judges and with the national administration responsible for managing the judiciary, from among serving judges having a thorough knowledge of questions relating to the functioning of the judicial system combined with utmost personal integrity.

    The Council of Europe budget will bear the travel and subsistence expenses of one judge from each member State (two in the case of the State whose representative has been elected Chair).

    Each member of the committee shall have one vote. Where a government designates more than one member, only one of them is entitled to take part in the voting.

    Participants:

    The following may send a representative without the right to vote and at the charge of their corresponding administrative budgets:

    - European Court of Human Rights;
    - Consultative Council of European Prosecutors (CCPE);
    - European Commission for the Efficiency of Justice (CEPEJ);
    - European Committee of Legal Co-operation (CDCJ);
    - European Committee on Crime Problems (CDPC);
    - other Council of Europe intergovernmental committees as appropriate.

    The following may send a representative without the right to vote and without defrayal of expenses:

    - European Union;
    - Observer States to the Council of Europe: Canada, Holy See, Japan, Mexico, United States of America,

    Observers:

    The following may send representatives, without the right to vote and without defrayal of expenses:

    - European Association of Judges (EAJ);
    - Association “Magistrats européens pour la démocratie et les libertés” (MEDEL);
    - European Federation of Administrative Judges;
    - Groupement des Magistrats pour la Médiation (GEMME);
    - European Network of Judicial Training (ENJT);
    - European Network of Councils for the Judiciary (ENCJ);
    - The Council of Bars and Law Societies of Europe (CCBE).

    Working methods

    Plenary meetings:

    48 members, 1 meeting in 2016, 3 days

    48 members, 1 meeting in 2017, 3 days

    Bureau:

    Consisting of the President, the Vice-President and two other members of the Council.

    4 members, 2 meetings in 2016, 1 day

    4 members, 2 meetings in 2017, 1 day

    Additional working methods:

    2 meetings of limited members of the CCJE (max. 9 members) per year, to prepare the draft Opinion;

    1 meeting of limited members of the CCJE (max. 4 members) per year to provide targeted co-operation with member States to comply with Council of Europe standards concerning judges;

    1 European conference of judges.

    The Committee will also appoint a Gender Equality Rapporteur from amongst its members.

    The rules of procedure of the Committee are governed by Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.

Budgetary information*

2016

    Meetings per year

    Number of days

    Members

    Plenary

    Bureau

    Subordinate structures /
    Working groups

    Secretariat
    (A, B)

    1

    3

    48

    45 000

    9 900

    30 100

    0.5 A ; 0.75 B

2017

    Meetings per year

    Number of days

    Members

    Plenary

    Bureau

    Subordinate structures /
    Working groups

    Secretariat
    (A, B)

    1

    3

    48

    45 000

    9 900

    30 100

    0.5 A ; 0.75 B

*The costs presented above take into consideration the per diem, travel, interpretation, translation and document printing. Costs calculated on the basis of the per diem and recharged services costs at their 2016 level.

1 This document has been classified restricted until examination by the Committee of Ministers.



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