CCJE-BU(2015)2

Strasbourg, 10 April 2015

BUREAU OF THE CONSULTATIVE COUNCIL

OF EUROPEAN JUDGES

(CCJE-BU)

Report of the 18th meeting

Strasbourg, 18 March 2015

Document prepared by the Secretariat

Directorate General I – Human Rights and Rule of Law


I.          INTRODUCTION

    1.        The Bureau of the Consultative Council of European Judges (CCJE) held its 18th meeting in Strasbourg on 18 March 2015. The meeting was chaired by Mr Bart van LIEROP (The Netherlands), President of the CCJE.

    2.        The following members of the Bureau were also present:

·         Mr Richard AIKENS (United Kingdom), Vice-President of the CCJE;

·         Ms Nina BETTETO (Slovenia);

·         Mr Johannes RIEDEL (Germany).

    3.        The agenda is set out in Appendix I.

II.         PREPARATION OF THE CCJE OPINION No. 18

    4.        The members of the Bureau and the Secretariat briefly discussed the modalities of preparation of the draft Opinion No. 18 on the independence of the judiciary and its relations with the other powers in a modern democratic state. Mr Richard AIKENS emphasised that the seminar on this topic, planned on 19 March 2015, would be a starting point for elaboration of the initial structure of the Opinion and its subsequent discussion with the members of the Working Group.

    5.        The members of the Bureau agreed on the importance of this seminar referring to the participation of Professor Robert Hazell from the University College in London, as well as the representatives of the Venice Commission and the Parliamentary Assembly of the Council of Europe, whose views on the subject of relations between the judicial and other powers would be crucial. After the seminar, the initial structure of the Opinion No. 18 would be prepared by the Working Group and then finalised by Mr AIKENS and Ms Anne SANDERS, scientific expert of the CCJE.

    6.        The Bureau also reflected upon the request from the European Judicial Training Network to participate in the ongoing developments related to the drafting of the Opinion No. 18. Since the European Judicial Training Network has an observer status to the CCJE, they will be provided with the draft of the Opinion in advance of the CCJE plenary meeting in 2015 in order to formulate and forward to the CCJE their comments.

  III.      SITUATION OF THE JUDICIARY AND JUDGES IN THE MEMBER STATES OF THE COUNCIL OF EUROPE (DISCUSSION ON RECENT DEVELOPMENTS AND FOLLOW-UP BY THE CCJE)

 

    7.        The members of the Bureau and the Secretariat discussed the follow-up to the Situation Report on the judiciary and judges in the Council of Europe member States (updated version n° 1 (2013)) adopted during the 14th plenary meeting of the CCJE in Strasbourg on 13-15 November 2013. Everybody agreed on the importance of this exercise and the need to continue it in two main directions: 1) updating the information on the follow-up to the complaints mentioned in the 2013 report; 2) taking on board and mentioning in the next edition of the report the new complaints or information sent to the CCJE by national or international partners. The CCJE members agreed that the Situation Report should remain a “continuing story”.

    8.        The next edition of the report would be adopted by the CCJE plenary session in 2015, in line with the CCJE’s mandate to provide targeted cooperation at the request of member States, CCJE members, judicial bodies or relevant associations of judges.

    9.        The following timetable for the report’s preparation was agreed upon: 1) a letter would be sent by the Secretariat, in the beginning of May 2015, to all CCJE members asking to provide the information on the current problems and to update the information on the previous complaints mentioned in the last Situation Report. The deadline for their answers would be set at mid-June 2015; 2) if somebody does not respond, then the second letter would be sent in mid-July 2015; 3) in the meanwhile, the Secretariat would prepare the first draft of the report, based on the update information as well as the new complaints and information, including those from international partners; 4) the Bureau would start the consideration and finalisation of the draft after the summer holidays.

  10.        In parallel with preparing the Situation Report, the CCJE Secretariat would prepare and regularly update a brief annual report on the external activities of the CCJE, on a chronological basis, including responses to requests for legislative assistance which were submitted to the CCJE. All assessments, comments and recommendations made by the CCJE in this respect would continue to be made public in order to provide for the transparency of the CCJE work and contribute to dissemination of its standards as widely as possible.

  11.        The Bureau considered the complaint from Ukraine submitted by the Chairman of the District Administrative Court of Kyiv to the Secretary General of the Council of Europe alleging that the prosecutor office and police searched certain courtrooms, judges and court personnel, that this action was without foundation and it was intended to put pressure on the judiciary. The Secretary General decided to forward this complaint for consideration by the CCJE as well as the CCPE. The members of the Bureau discussed possible observations in this regard. Mr Johannes RIEDEL volunteered to prepare the CCJE response on the matter.

  12.        The Bureau also examined the complaint from Montenegro submitted by the Association of Judges of Montenegro expressing concerns regarding the new law on salaries in public sector drafted by the Ministry of Finance of Montenegro, and attaching the draft law on the salaries of judges prepared by the Association of Judges. The members of the Bureau exchanged their opinions, and Ms Nina BETTETO volunteered to prepare the CCJE response on the matter.

IV.        OTHER ACTIVITIES OF THE CCJE

  13.        The Secretariat briefed the Bureau members on the ongoing process of preparation by the Secretary General of the Council of Europe of his second report on the State of democracy, human rights and the rule of law in Europe, which would focus, among other issues, on justice and enforcement of court decisions. The members of the Bureau emphasised that they were ready for any possible input if needed in this regard.

  14.        Mr Bart van LIEROP reported on his participation, on 2 December 2014, in a working lunch with the Secretary General of the Council of Europe in the presence of the chairpersons of the Council of Europe monitoring, standard-setting and consultative bodies. This event was organised by the Secretary General to bring more focus to the work of the Council of Europe monitoring, standard-setting and consultative bodies and to promote exchange of experience.

  15.        Mr van LIEROP also went on to mention that he would provide the full list of his activities in the course of the forthcoming meeting of the CCJE Working Group, during which the issue of the topics for the future opinions of the CCJE should be discussed.

  16.        The Bureau discussed the Overview of the Opinions of the CCJE prepared by Mr Alain LACABARATS, President of the Chamber of the Cassation Court of France and CCJE member in respect of France. The overview was highly appreciated by the Bureau members as a useful reference document on the CCJE standards. It would be published in the CCJE website.

V.         OTHER BUSINESS

  17.        The Bureau discussed the organisation of the CCJE’s plenary meeting in London on 14-16 October 2015, within the framework of the 800th anniversary of the Magna Carta. In particular, the possibility of a separate event – conference or a special session – within the schedule of the plenary meeting was considered, in order to give more publicity to the CCJE activities and standards.

  18.        The forthcoming meeting of the CCJE Working Group on 3-5 June 2015 in Bergen, Norway, was also discussed. It would be hosted by the Norwegian Courts Administration.


APPENDIX I

AGENDA / ORDRE DU JOUR

1.     Opening of the meeting / Ouverture de la réunion

2.     Adoption of the agenda / Adoption de l’ordre du jour

3.     Communication by the President, members of the Bureau and the Secretariat / Communication du Président, des membres du Bureau et du Secrétariat

4.      Preparation of the 28th meeting of the CCJE-GT and the draft Opinion No. 18 on « the independence of the judiciary and its relations with the other powers in a modern democratic state » / Préparation de la 28ème réunion du CCJE-GT et du projet d’Avis n° 18 sur « l’indépendance du système judiciaire et ses relations avec les autres pouvoirs dans un État démocratique moderne »

5.      Situation of the judiciary and judges in the member States of the Council of Europe (discussion on recent developments and follow-up by the CCJE) /Situation du pouvoir judiciaire et des juges dans les Etats membres du Conseil de l’Europe (discussion sur les développements récents et le suivi par le CCJE)

6.      Other work of the CCJE / Autres travaux du CCJE

7.     Any other business / Divers