Description : NB_CE

CCPE-BU(2013)4

Strasbourg, 18 September 2013

BUREAU OF THE CONSULTATIVE COUNCIL

OF EUROPEAN PROSECUTORS

(CCPE-BU)

19th meeting report

Strasbourg, 26 June 2013

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 Prosecutors (CCPE) held its 19th meeting in Strasbourg on 26 June 2013, Mr Antonio MURA (Italy), President of the CCPE, chairing the meeting.

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

    · Ms Raija TOIVIAINEN (Finland), Vice-President of the CCPE;
    · Mr Cedric VISART de BOCARME (Belgium);
    · Ms Alessandra GIRALDI (Denmark).

3. The agenda is set out in Appendix I.

II. COMMUNICATION BY THE PRESIDENT, MEMBERS OF THE BUREAU AND THE SECRETARIAT

4. The President of the CCPE informed the Bureau of his participation, together with Ms TOIVIANEN and Ms GIRALDI, in the 6th Meeting of the Network of the Prosecutors General of the European Union held on 15-17 May 2013 in Krakow. The topic of the meeting was “Synergies and responses: challenges to the integration of the future European Public Prosecutor’s Office (EPPO) into the national laws of the member States of the European Union” the title of Mr Mura’s presentation was “Key issues for the integration of the future European Public Prosecutor’s Office”. The Recommendation Rec(2000)19 of the Committee of Ministers of the Council of Europe on the role of public prosecution in the criminal justice was quoted in the final document adopted by the Network with reference to the future EPPO.

5. Mr VISART de BOCARME attended the Alert Day for the Independence of Justice in Europe organised by the Association "Magistrats européens pour la démocratie et les libertés" (MEDEL) in Brussels on 23 May 2013. It has to be noted that MEDEL published recently a booklet concerning the problems of the judiciary in Europe.

6. The CCPE was invited to participate to the 18th Annual Conference and General Meeting of the International Association of Prosecutors to be held on 9-12 September 2013 in Moscow. Mr MURA, Ms GIRALDI and Ms TOIVIAINEN would participate in this event which would bring together the delegations of about 150 countries and international organisations. It would be important to emphasise the standards developed by the CCPE in the course of this conference.

III. PREPARATION OF OPINION No. 8 ON RELATIONS BETWEEN PROSECUTORS AND MEDIA

7. The members of the Bureau examined the consolidated draft Opinion No. 8 (Document CCPE-GT(2013)4) based on the comments by the members of the CCPE-BU and CCPE-GT, as well as the compilation of the relevant case law of the European Court of Human Rights, both documents prepared by the Secretariat.

8. It was also suggested to make the draft opinion clearer, more coherent and shorter while giving some explanations concerning certain topics (e.g. the freedom of expression, presumption of innocence, privacy and dignity). Specific recommendations for prosecutors in order to better communicate with media should be re-drafted in the CCPE-GT meeting (27-28 June 2013).

IV. PARTICIPATION OF THE CCPE TO OTHER WORK OF THE COUNCIL OF EUROPE

a. Possibly updating Recommendation Rec(2000)19

9. The members of the Bureau thanked the President for having prepared the document with reflections on possible points for updating Recommendation Rec(2000)19 of the Committee of Ministers of the Council of Europe on the role of public prosecution in the criminal justice (Document CCPE-BU(2013)2Rev1).

    10. On one hand, the updating could be recommended by the CCPE to the European Committee on Crime Problems CDPC which has the normative competence to revise the Recommendation; the procedure of revision could be a long process which would imply re-opening the discussion of each topic contained in the Recommendation. On the other hand, the CCPE could opt for the drafting of a Compendium of principles concerning public prosecution, elaborated by the CCPE itself, like the Magna Carta of Judges adopted by the Consultative Council of European Judges (CCJE) and which would constitute a reference text at European level, complementary to Recommendation Rec(2000)19. The President of the CCPE would contact the President of the CDPC to that end.

b. Cooperation with the European Commission for the Efficiency of Justice (CEPEJ)

    11. Mr VISART de BOCARME was appointed member of the CEPEJ experts’ team for the co-operation activities in Tunisia within the framework of the Joint Programme between the European Union and the Council of Europe "Strengthening democratic reform in the Southern Neighbourhood". He participated in several events under this project. The President of the CCPE emphasised that this involvement constitutes an example of cooperation which should develop further. He also mentioned strengthening of the cooperation with the CEPEJ Working Groups and his discussion with Mr Fabio BARTOLOMEO (Italy), member of the CEPEJ Working Group on the quality of justice.

V. OTHER BUSINESS

12. The 8th plenary meeting of the CCPE would take place on 8-9 October 2013 in Yerevan, Armenia, on the invitation of the Office of the Prosecutor General, as one of the main events organised within the framework of the Armenian Chairmanship of the Committee of Ministers of the Council of Europe.

APPENDIX I

AGENDA

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 CCPE Opinion No.8 on relations between prosecutors and media / Préparation de l’Avis n°8 sur les relations entre procureurs et médias

5. Neighbourhood policy of the CoE and the CCPE relations with its observers / La politique de voisinage du CdE et les relations du CCPE avec ses observateurs

6. Improvement or revision of Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system / Amélioration ou révision de la Recommendation Rec(2000)19 sur sur le rôle du ministère public dans le système de justice pénale.

7. Participation of CCPE in preparing the draft international convention to combat the manipulation of sports competitions (EPAS) / Participation du CCPE à la préparation d’un projet de convention internationale contre la manipulation des compétitions sportives (EPAS)

8. Other work of the CCPE / Autres travaux du CCPE

9. Any other business / Divers



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