Strasbourg, 6 December 2007

CEPEJ(2007)19

European Commission for the Efficiency of Justice (CEPEJ)

10th plenary meeting

Strasbourg, 5-6 December 2007

2008 Programme of activities of the CEPEJ

In accordance with Article 7.5 of its Statute, the CEPEJ adopted its

programme of activities at its 10th plenary meeting (Strasbourg, 5 – 6 December 2007)


1.             The Committee of Ministers has given to the CEPEJ the mission of working with member states to promote effective implementation of Council of Europe instruments concerning the organisation of the justice system, ensuring that public policies in judicial matters take the users of the justice system into account and helping to disencumber the European Court of Human Rights by giving the member countries effective upstream solutions by preventing violations of Article 6 of the European Convention on Human Rights.

2.             Under Article 2 of its Statute, contained in Committee of Ministers Resolution (2002) 12, the CEPEJ is required to:

§  examine the results achieved by the different judicial systems, using common statistical criteria and means of evaluation;

§  define problems and areas for possible improvements, and

§  identify concrete ways of improving the measurement and functioning of member states’ judicial systems, regard being had to the specific needs of each country.

3.             In the Action Plan which they adopted at their 3rd summit (Warsaw, May 2005) the Heads of State and Government of Council of Europe member states decided to develop the CEPEJ’s evaluation and assistance functions in order to help member states deliver justice fairly and rapidly.

4.             The present programme of activities for 2008 was drawn up in that context, on the basis of the CEPEJ medium-term activity programme (CEPEJ (2005) 10) and the action principles and priorities identified in it. This text, together with the Action Plan, constitute the general sources of the various tasks given to the CEPEJ.

5.             The present programme of activities is prepared in the light of the decisions taken by the CEPEJ during its 9th (Strasbourg, 13-14 June 2007) and 10th (Strasbourg, 5-6 December 2007) meetings, and taking into account the decisions taken by the Ministers’ Deputies at their 1005th meeting.

6.             It is designed around the four areas of responsibility vested in the CEPEJ :

§  setting-up of tools for analysing the functioning of justice and ensuring that public policies on justice are geared to greater efficiency,

§  implementation of European rules and standards concerning the efficiency of justice,

§  specific assistance at the request of one or several State(s),

§  direct relations between users of the justice system and justice professionals.

7.             Where appropriate, the activities will be carried out in co-operation with the relevant Council of Europe’s committees as well as the observers to the CEPEJ.

8.             The programme of activities is implemented according to available budget resources, under the CEPEJ’s overall authority and in accordance with the responsibilities laid down in Resolution Res(2002)12.  Within its responsibilities, the CEPEJ Bureau prepares the ground for this work and puts forward guidelines.


General responsibilities of CEPEJ

Specific objectives

Tasks

Means

Available documents

Develop tools for analysing the functioning of justice and ensuring that public policies of justice are geared to greater efficiency and quality

Continue to evaluate the European judicial systems on a regular basis

Prepare and adopt the evaluation report of judicial systems (edition 2008)

3 meetings of the

CEPEJ-GT-EVAL, including a scientific expert for preparing the report (data processing and analyse)

1 meeting of the  Network of national correspondents for preparing the report

11th meeting of the CEPEJ for adoption

Scheme (electronic version) for evaluating judicial systems (2006-2008 cycle) and its explanatory note (CEPEJ(2007)10)

National replies to the Scheme for evaluating judicial systems

Develop tools to facilitate the regular process of evaluation

Implementation, by volunteer states, on an intermediary process based on a list of key data

3 meetings of the

CEPEJ-GT-EVAL, including a scientific expert for preparation

Network of national correspondents for consultation

(5) Peer evaluation visits (with 2 experts)

Pilot courts network for consultation

11th  and 12th plenary meetings for adoption

List of key data (CEPEJ(2007)27)

Draft guidelines on judicial statistics

(CEPEJ-GT-EVAL(2007)4)

Objectives and methodology for the pilot peer review cooperation process of judicial statistics (CEPEJ-GT-EVAL(2007)25)

Prepare guidelines on judicial statistics

Implementation of a peer review mechanism to strengthen the credibility of the data collected

Promote the implementation of European standards in the field of efficiency and quality of justice in the member states

Acquire concrete, detailed knowledge of judicial timeframes and develop tools for supporting courts achieve optimum and foreseeable judicial timeframes

Collect data from all member states concerning common case categories, judicial timeframes and delays through a questionnaire and analysis the situation in Europe in the light of the replies from member states (pilot courts)

2 meetings of the groupe de pilotage of the Saturn Centre for preparation

Meeting of the pilot courts

12th plenary meeting of the CEPEJ for adoption

Framework programme on judicial  timeframes (CEPEJ(2004)19)

Questionnaire on common case categories, judicial timeframes on delays and replies from member states (CEPEJ-SATURN(2007)3

and reports by the pilot courts

Time management Checklist (CEPEJ (2005)12)

Compendium of best practices (CEPEJ(2006)13)

Report on judicial timeframes in ECHR case-law (CEPEJ(2006)15)

Report on time management in Nordic courts (CEPEJ(2006)14)

Report on "European judicial systems" – Editions 2006 & 2008 and national replies

Adoption of guidelines (and possible other relevant tools) for judicial time management

Develop tools and measures to facilitate evaluation of quality in judicial work while respecting judicial independence

Make the inventory, through a report, of the existing judicial quality systems, including a structured synthesis of the tool implemented, the orientations chosen and the main results, at the national level, the court level and the judges level.

2 meetings of CEPEJ-GT-QUAL (including a scientific expert) for preparation

Meeting of Pilot courts for consultation

12th plenary meeting of the CEPEJ for adoption

Draft Checklist for policy makers and judicial practioners for promoting the quality of justice (CEPEJ-QT-QUAL(2007)9)

Prepare a checklist for policy makers and judicial practioners for promoting the quality of justice.

Draft concrete measures and highlight best practices on quality of justice

Facilitate the use of new IT at courts in order to support relations between courts and users of justice and improve the organisation and management of judicial work

Take part in debate on new information technologies

Representation at relevant meetings including EU meetings

Support to the follow up to the IT Conference in Bremen (Germany)

Conclusions of the Vienna conference

Conclusions of the Bremen Conference

Facilitate effective implementation of Council of Europe instruments and standards on execution, in order to improve the efficiency of the execution procedures

p.m.

Draft guidelines to ensure an effective implementation of the CoE standards on execution

Draft specific tools aiming at establishing efficiency and quality standards for execution

p.m.

2 meetings of the CEPEJ-GT-EXE

p.m.

Recommendation Rec(2003)17 of the CM to member states on enforcement

Study of the CEPEJ : “Execution of national judicial decisions” (CEPEJ(2007)20)

Specific assistance at the request of one or more states

Depending on requests from member states

Relations with users of the justice system and with national and international bodies

Bring the justice system closer to the European citizens

Organise the highlighted event of the 6th European Day of Civil Justice (25 October 2008)

Meetings with the European Commission and relevant national authorities

Organisation charter of the Day of Justice

Rules of the “Crystal Scales of Justice”

Organise the 3rd edition of the Crystal Scales of Justice

Promote the Day of Justice to competent national institutions

Provide a reflection and proposal forum for the legal community

Organisation of a conference on a theme to be determined with the European Commission"

Meetings with the European Commission and relevant national authorities

Promote relations with other national and international bodies competent in the field of justice

Support academic research

Support for theses of a European nature concerning the organisation of justice

Setting up of a CEPEJ Network of academies and research institutes

Make available to member states and the European legal community wide-ranging information on the operation of justice in Europe

Continue developing the CEPEJ Internet site (files on particular themes, clearing house for relevant documents and studies concerning efficiency of justice, information on latest judicial developments, etc.)

CEPEJ representatives and the Secretariat to develop regular dialogue with national authorities, other relevant Council of Europe’s bodies and committees the European Commission and other international bodies

Organisation and/or representation of relevant meetings


Appendix I

European Commission of the Efficiency of Justice (CEPEJ)

Terms of reference of the Working Group on evaluation of judicial systems

(CEPEJ-GT-EVAL)

renewed by the CEPEJ at its 10th plenary meeting

1.         Tasks

In accordance with article 7.2.b of Appendix 1 to Resolution Res(2002)12, and under the authority of the European Commission for the Efficiency of Justice (CEPEJ), the Working Group on evaluation of judicial systems (CEPEJ-GT-EVAL) is instructed to carry out the common tool set up by the CEPEJ which aims at evaluating in an objective manner the functioning of the judicial systems in Europe.

In order to fulfil its tasks, the CEPEJ-GT-EVAL shall in particular:

a.            determine and follow the implementation of the 2006 – 2008 evaluation cycle of the European judicial systems, including national judicial data collection and processing and prepare the draft evaluation report to be forwarded to the 11th plenary meeting of the CEPEJ;

b.            make proposals for a communication strategy which ensures that the results of this evaluation cycle receive due prominence;

c.            make proposals for appropriate exploitation of the results achieved through the 2006 – 2008 evaluation cycle, identify trends as well as typical dysfunctions of the judicial systems in Europe and formulate if possible concrete guidelines in order to improve the efficiency of judicial systems in Europe.

2.         Composition

The CEPEJ-GT-EVALshall be composed of 6 members of the CEPEJ or experts proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of the evaluation of judicial systems. Their travel and subsistence expenses are be borne by the budget of the Council of Europe. Other experts appointed by the member States might participate in its work, at their own expenses.

The relevant Council of Europe and European Union bodies might be represented to the CEPEJ-GT-EVAL without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the CEPEJ-GT-EVAL, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3.         Working structures and methods

The CEPEJ-GT-EVALwill organise 3 meetings in 2008.

In carrying out its terms of reference, it may in particular seek the advice of the Network of national correspondents entrusted with the coordination of the answers to the evaluation Scheme.

It may also seek the advice of external experts and have recourse to studies by consultants.

4.         Duration

These terms of reference expire on 31 December 2008.


Appendix II

European Commission of the Efficiency of Justice (CEPEJ)

Terms of reference of the Groupe de pilotageof the

SATURN Centre for judicial time management

1.         Tasks

The European Commission for the Efficiency of Justice decides to act as a Centre for judicial time management (SATURN[1] Centre) aimed at collecting specific information necessary to the knowledge of judicial timeframes in the member States and detailed enough to enable member states to implement policies aiming to prevent violations of the right to fair trial within a reasonable time protected by Article 6 of the European Convention on Human Rights.

The Centre shall in particular:

a.     analyse the situation of existing timeframes in the member States (timeframes per types of cases, waiting times in the proceedings, etc.);

b.    provide to the member States knowledge and analytical tools of judicial timeframes of proceedings;

c.     provide guidelines with a view to possible reforms aiming to foresee the judicial timeframes.

The Centre is managed through a Groupe de Pilotage, established in accordance with article 7.2.b of Appendix 1 to Resolution Res(2002)12, under the authority of the CEPEJ.

In order to fulfil its tasks, the Groupe de pilotage shall in particular:

·         analyse available information, especially the report of the CEPEJ on the “European judicial systems – Edition 2006”, the reports on “judicial timeframes of proceedings in the case law of the ECHR”, the report on “time management in Nordic Courts” and the report “management of time: good practice;

·         collect necessary information on judicial timeframes of proceeding in the member States;

·         define measuring systems and common indicators on judicial timeframes of proceedings in all member States and define appropriate modalities for collecting information through statistical analysis;

·         rely on appropriate networks allowing the integration of the works and reflections of the judicial community, in particular on the network of pilot courts within the member States, to exploit innovative projects aimed at reducing and adjusting the timeframes operated by courts in member States. 

2.         Composition

The Groupe de Pilotage shall be composed of 6 members of the CEPEJ or experts proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of procedure timeframes. Their travel and subsistence expenses will be borne by the budget of the Council of Europe. Other experts appointed by the member States might participate in its work, at their own expenses.

The relevant Council of Europe and European Union bodies might be represented to the Groupe de pilotage without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the Groupe de Pilotage, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3.         Working structures and methods

The Centre will held 2 meetings in 2008.

In carrying out its terms of reference, the Groupe de Pilotage shall cooperate with the CEPEJ Network of Pilot courts.

It may also seek the advice of external experts and have recourse to studies by consultants.

4.         Duration

These terms of reference expire on 31 December 2008.


Appendix III

European Commission of the Efficiency of Justice (CEPEJ)

Terms of reference of the Working Group on quality of justice

(CEPEJ-GT-QUAL)

renewed by the CEPEJ at its 10th plenary meeting

1.         Tasks

In accordance with article 7.2.b of Appendix 1 to Resolution Res(2002)12, and under the authority of the European Commission for the Efficiency of Justice (CEPEJ), the Working Group on quality of justice (CEPEJ-GT-QUAL) is instructed to develop means of analyse and evaluation of the work done inside the courts with a view to improving, in the member states, quality of the public service delivered by the justice system, in particular vis-à-vis the expectations of the justice practitioners and the users, according to criteria of performance and efficiency meeting a large consensus.

In order to fulfil its tasks, the CEPEJ-GT-QUAL shall in particular, while observing the principle of independence of judges:

a.         collect necessary information on evaluation systems of the quality of judicial work existing in the member states;

b.         improve tools, indicators and means for measuring the quality of judicial work;

c.         draft concrete solutions for the policy makers and for the courts, allowing to remedy dysfunctions in the judicial activity and balance the obligations of the work of judges and its workload with the obligation to provide a justice of quality for the users.

2.         Composition

The CEPEJ-GT-QUALshall be composed of 6 members of the CEPEJ or experts proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of operation of courts and analyse of judicial practice. Their travel and subsistence expenses will be borne by the budget of the Council of Europe. Other experts appointed by the member States might participate in its work, at their own expenses.

The relevant Council of Europe and European Union bodies might be represented to the CEPEJ-GT-QUAL without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the CEPEJ-GT-QUAL, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3.         Working structures and methods

 

The CEPEJ-GT-QUALwill organise 2 meetings in 2008.

In carrying out its terms of reference, the CEPEJ-GT-QUAL shall cooperate with the CEPEJ Network of Pilot courts.

It may also seek the advice of external experts and have recourse to studies by consultants.

4.         Duration

These terms of reference expire on 31 December 2008.


Appendix IV (p.m.)

European Commission of the Efficiency of Justice (CEPEJ)

Terms of reference of the Working Group on execution

(CEPEJ-GT-EXE)

adopted by the CEPEJ at its 10th plenary meeting

1.         Tasks

In accordance with article 7.2.b of Appendix 1 to Resolution Res(2002)12, and under the authority of the European Commission for the Efficiency of Justice (CEPEJ), the Working Group on execution (CEPEJ-GT-EXE) is instructed to enable a better implementation of the relevant standards of the Council of Europe regarding execution of court decisions at national level.

In order to fulfil its tasks, the CEPEJ-GT-EXE shall in particular:

a.             assess the impact in the states of the existing relevant instruments of the Council of Europe on execution or court decisions at national level;

b.            draft, if appropriate, guidelines aimed to ensure an effective implementation of the existing standards of the Council of Europe;

c.             draft, if appropriate, quality standards on execution in order to improve the accessibility of execution systems and the efficiency of execution services.

To fulfil these tasks, the CEPEJ-GT-EXE will take into account in particular the relevant work of the CEPEJ, including the study approved by the CEPEJ on execution of judicial decisions (CEPEJ(2007)9).

2.         Composition

The CEPEJ-GT-EXEshall be composed of 6 members of the CEPEJ or experts, comprising practitioners,  proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of execution. Their travel and subsistence expenses are be borne by the budget of the Council of Europe. Other experts appointed by the member states might participate in its work, at their own expenses.

The relevant Council of Europe, in particular the European Committee on Legal Co‑operation (CDCJ), and European Union bodies might be represented to the CEPEJ-GT-EXE without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the CEPEJ-GT-EXE, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3.         Working structures and methods

The CEPEJ-GT-EXEwill organise two meetings in 2008.

 

In carrying out its terms of reference, the CEPEJ-GT-EXE may cooperate with the CEPEJ Network of Pilot courts.

It may also seek the advice of external experts and have recourse to studies by consultants.

4.         Duration

These terms of reference expire on 31 December 2008.



[1] Study and Analysis of judicial Time Use Research Network.