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 12th 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 in civil, commercial and administrative matters 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-EXE shall 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-EXE will organise two meetings in 2009 (subject to budgetary availability).

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 2009.