WORKING PARTY OF
THE CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS
(CCPE-GT)
Report of the 4th meeting
Bordeaux, 1-2 July 2009
Secretariat memorandum
prepared by the Directorate General of Human Rights and Legal Affairs
I....... INTRODUCTION
1. The Working Party of the Consultative Council of European Prosecutors (CCPE-GT) held its 4th meeting from 1 to 3 July 2009 in Bordeaux, in the premises of the “Ecole Nationale de la Magistrature”. The meeting was chaired by Mr Olivier De Baynast (France). The joint meeting was co-chaired by Mr Orlando Afonso (Portugal, CCJE). The list of participants appears in Appendix I and the agenda in Appendix II to this report.
II. PREPARATION OF THE CCJE – CCPE JOINT OPINION No. 4 ON THE RELATIONSHIPS BETWEEN JUDGES AND PROSECUTORS FOLLOWING THE CONFERENCE DISCUSSIONS AND CONCLUSIONS
2. The first European conference of judges and prosecutors with the topic “The exercise of the missions of judges and prosecutors: complementarity and autonomy?” which was held in Bordeaux from 30 June to 1 July, revealed an important number of areas and ways for the judges and prosecutors to cooperate together. In view of the drafting of the CCPE – CCJE joint opinion and following the discussions and conclusions of the conference, the CCPE-GT and the CCJE-GT members during their joint meeting agreed that the joint opinion will contain:
A. A declaration called the “Bordeaux Declaration on “Judges and prosecutors in a democratic state” (see bellow Appendix III) ; and
B. An explanatory note following the structure adopted during the 3rd meeting of the CCPE working party.
3. It was also agreed that the Presidents of the CCJE and CCPE will continue to work on a final version of the explanatory note, in particular bringing it closer to the principles set out in the Declaration and which will be put at the disposal of the members by October 2009. The text will be adopted by the joint plenary meeting which will take place in Ljubljana, Slovenia, on 18 – 20 November 2009.
APPENDIX I
AGENDA
1. Opening of the meeting
2. Adoption of the agenda
3. Communication by the President, members of the Bureau and the Secretariat
4. Preparation of the CCJE – CCPE joint Opinion No.4 on the relationships between judges and prosecutors following the Conference discussions and conclusions
5. Discussion of the workplan of the CCPE for the second half of the year 2009 and conclusions
6. Any other business
APPENDIX II
LIST OF PARTICPANTS
DENMARK / DANEMARK
Ms Alessandra GIRALDI, Deputy Chief Prosecutor, Copenhagen
FINLAND / FINLANDE
Ms Raija TOIVIAINEN, State Prosecutor, Head of the International Unit
FRANCE
(Chair/Président CCPE) (CCPE-BU)
M. Olivier de BAYNAST, Procureur Général près de la Cour d’Appel d’Amiens, Palais de justice
GERMANY / ALLEMAGNE (CCPE-BU)
Mr Harald RANGE, Generalstaatsanwalt, Generalstaatsanwaltschaft Celle
Hungary/ Hongrie (CCPE-BU)
Mr Peter POLT, Chief Prosecutor, Head of Criminal Trial Cases, Office of the Prosecutor General
IRELAND / Irlande (CCPE-BU)
M. Peter McCORMICK, Office of the Director of Public Prosecutors
Italy/ Italie
M. Antonio MURA, Procureur de la République, Corte di Cassazione, Cour Suprême de Cassation
Portugal
(Vice-Chair/Vice-Président CCPE) (CCPE-BU)
M. João Manuel DA SILVA MIGUEL, Procureur Général Adjoint, Procuradoria-Geral da República
Russian Federation/ Fédération de Russie
Mr Alexander Grigorievich ZVYAGINTSEV, Deputy Prosecutor General, Office of the Prosecutor General
Mr Vladimir ZIMIN, First Deputy Chief, Prosecutor General’s Office, the General Department of International Legal Co-operation
Spain/ Espagne
Mr Antonio VERCHER NOGUERA, Deputy Attorney General, Fiscalia General del Estado,
TURKEY/ TURQUIE
Mr Ahmet TASYURT, Public Prosecutor, Court of Cassation, Nevzat Tandogan
***
COUNCIL OF EUROPE’S SECRETARIAT /
SECRETARIAT DU CONSEIL DE L’EUROPE
Directorate General of Human Rights and Legal Affairs
/ Direction Générale des Droits de l’Homme et des Affaires Juridiques
Mrs Anna Capello, Secretary of the CCPE, Head of Justice Division, Secrétaire du CCPE, Chef de la Division de la Justice
Ms Ana Rusu, Co-Secretary of the CCPE, Division of Justice, Co-Secrétaire du CCPE, Division de la Justice
Mme Muriel DECOT, Secretary of the CCJE, Secrétaire du CCJE
M. Jean-Pierre GEILLER, Documentalist
Mme Emily WALKER, Assistant / Assistante
APPENDIX III
BORDEAUXDECLARATION
“JUDGES AND PROSECUTORS IN A DEMOCRATIC SOCIETY”[1]
2 JULY 2009
(Draft)
The Consultative Council of European Judges and the Consultative Council of European Prosecutors, at the request of the Committee of Ministers of the Council of Europe to provide an opinion on relationships between judges and prosecutors, agreed on the following:
- that their position and activities are not subject to influence or interference from any source outside the prosecution service itself.
- that their recruitment, career development, security of tenure [including mobility, irremovability] and remuneration be safeguarded through guarantees provided by the law .