Ministers’ Deputies
CM Documents

CM(2006)222 revised* 19 January 20072
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985 Meeting, 31 January 2007
10 Legal questions


10.6 Bureau of the European Committee on Legal Co-operation (CDCJ-BU) –

Draft terms of reference of :
- Project Group on Administrative law (CJ-DA)
- Committee of Experts on Family Law (CJ-FA)
- Group of Specialists on the independence, efficiency and role of judges (CJ-S-JUST)
- Group of Scientific experts on medical liability (CJ-S-MED)
- Group of Specialists on remedies for crime victims (CJ-S-VICT)
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Draft terms of reference of Project Group on Administrative law (CJ-DA)

Name of committee

Project Group on Administrative Law (CJ-DA)

Compliance with Resolution Res 2005)47

YES

Programme of Activities: project(s)

Project 2004/DG1/162: Administrative law and administrative justice

Project relevance

1. Chapter I of the Third Summit Action Plan: Promoting common fundamental values: human rights, Rule of law and democracy.
2. Contributes to promoting common fundamental values, namely the development of the Rule of law.
3. CM Decisions: CM/Del/Dec(2006)967/10.2 item 4 concerning the CDCJ’s contribution to the implementation of the Action Plan of Third Summit, in particular its future priorities.
4. Political justification/framework: the CJ-DA contributes to implementing the decision of the Third Summit to develop standards of democracy and good governance, including proper functioning of civil services, as well as Resolution No. 1 on victims of crime adopted by the 27th Conference of European Ministers of Justice (Yerevan, 12-13 October 2006), in particular concerning efficient operation of administrative appeal procedures.
5. Consolidation, promotion, implementation of Council of Europe standards: the CJ-DA contributes to developing standards regulating relations between public administration and private persons.
6. Timeliness of project: the CJ-DA will develop standards concerning effective domestic remedies, including access for deprived persons, in particular vulnerable victims, to justice by internal administrative litigations.

Project added value

1. The Council of Europe is unique in Europe in its efforts to define standards concerning public administration.
2. Project covering new ground: see paragraph 6 above.
3. Avoiding duplication within the Council of Europe: the work carried out by other Council of Europe bodies is taken into account.

Financial information

3 meetings of the Working Group in 2007, 7 members covered by the Council of Europe. One plenary meeting (all member states – 46 members) and 2 meetings of the Working Group of 7 members in 2008.

Budgetary figures
47 800 € of which travel and subsistence expenses for experts: 22 500€ and of which the cost of interpretation, translation and document production: 25 300 €.

1.

Name of Committee:

PROJECT GROUP ON ADMINISTRATIVE LAW
(CJ-DA)

2.

Type of committee:

Committee of experts

3.

Source of terms of reference:

European Committee on Legal Co-operation (CDCJ)

4.

Terms of reference:

-

-

-

Having regard to:

the Declaration and Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), in particular concerning the necessity:

- to pursue intergovernmental co-operation on good governance at all levels as well as developing norms as regards the proper functioning of civil services in Europe (see Chapter I.3 of the Action Plan);

- to ensure that effective domestic remedies exist for anyone with an arguable complaint of a European Convention on Humans Rights violation (see Chapter I.1 of the Action Plan);

the Resolution No.1 on victims of crime adopted by the 27th Conference of European Ministers of Justice (Yerevan, 12-13 October 2006), in particular concerning the necessity to make administrative means of appeal available to the victims;

the following recommendations of the Committee of Ministers:
- R(76)5 on legal aid in civil, commercial and administrative matters,
- R(78)8 on legal aid and advice,
- R(81)7 on measures facilitating access to justice,
- R(86)12 concerning measures to prevent and reduce the excessive workload in the courts.

i.

ii.

iii.

Under the authority of the European Committee on Legal Co-operation (CDCJ), and in relation with the implementation of Project 2004/DGI/162 « Administrative law and administrative justice» of the Programme of Activities, the Committee is instructed to:

carry out a study on the law and practice of the member states regarding:

    a) effective administrative review available to individuals in particular those claiming a breach of the European Convention on Human Rights by an administrative authority, taking into consideration how administrative review operates and when,
    b) access for deprived persons, including vulnerable victims, to justice through internal administrative proceedings. Examine, within this framework, if and to what extent the provision of legal aid in respect of legal costs incurred by persons with insufficient resources should exist in the case of administrative review.

on the basis of this study and taking into account the relevant case-law of the European Court of Human Rights, examine the desirability and, if necessary, of preparing an appropriate legal instrument a recommendation on administrative review as a means of protecting human rights and on ways of access to justice ;

carry out any other activity with which the CDCJ might entrust it in execution of its own terms of reference or in implementing the priorities identified by the Committee of Ministers.

5.

Composition of the Committee:

5.A.

Members
Governments of member states are entitled to appoint representatives with the following desirable qualifications: senior officials having responsibilities regarding administrative law and administrative justice.

The Council of Europe’s budget bears the travelling and subsistence expenses for one representative per member state.

5.B.

Participants

 

The Steering Committee for Human Rights (CDDH) may send a representative to meetings of the Committee, without the right to vote and at the charge of the corresponding Council of Europe budget sub-head.

5.C

Other participants

i.

The European Commission and the Council of the European Union may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

The states with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.

iii.

The following intergovernmental organisations may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:
- OECD;
- United Nations and its specialised organs.

5.D.

Observers

 

The following non-member states:
- Montenegro
and the following non-governmental organisations:
- International Commission on Civil Status (CIEC),
- European Public Law Centre,
- Association of European Administrative Judges,
may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.

6.

Working methods and structures

 

    To facilitate specific work to be carried out by the CJ-DA, a working party will be set up and composed of 7 persons among the members of the Committee within the budgetary appropriation assigned to the CJ-DA. These persons will be appointed taking into account, in particular, legal systems, geographical distribution and gender balance.

To fulfil its terms of reference and within the budgetary resources available, the CJ-DA may use consultants and organise hearings and consultations.

7.

Duration

 

These terms of reference will expire on 31 December 2007.

Draft terms of reference of Committee of experts on family (CJ-FA)

Name of committee

Committee of experts on family (CJ-FA)

Compliance with Resolution Res (2005)47

YES

Programme of Activities: project(s)

2004/DG1/118 - Civil law and procedure, family law and protection of children

Project relevance

    1. Third Summit Action Plan Chapter III, item 2 concerning the need for “Building a Europe for Children”;

2. Resolution and presentations made at the 27th Conference of European Ministers of Justice (Armenia, 12-13 October 2006) concerning the protection of victims;

3. Decisions CM (2006) 86 of 9 May 2006 concerning “Building a twenty-first century society with and for children (2006-2008)” and CM (2006) 138 of 11 August 2006 concerning “Changes in Parenting: Children Today, Parents Tomorrow”;

4. Priority Conventions:
- Convention on contact concerning Children of 15 May 2003;
- European Convention on the exercise of Children’s rights of 25 January 1996;
- European Convention on the Adoption of Children of 24 April 1967, currently being updated

5. Evaluation report prepared by an independent expert (November 2006). In the light of this report, the CJ-FA should:
- evaluate the existing conventions, recommendations and regulations in the field of family law with a view to assessing whether they correspond to society’s current needs and represent the standards of the Council of Europe;
- examine the case-law of the European Court of Human Rights in the field of family law with a view to identifying areas it can effectively contribute to the useful/best implementation of the European Convention on Human Rights, and
- advise member states on means of the monitoring the implementation of family law legal instruments.

Project added value

The Council of Europe works to harmonise the norms of family law, to protect the rights of children and gives special consideration to the individual's problems in his or her private life.
In the civil field, the protection offered to children in particular has been strengthened by drawing up norms relating to the exercise of children's rights, to regular contacts between children and parents, to adoption, to transfrontier access or to the establishment of parentage.
Taking into account the developments and changes in society the new terms of reference deal inter alia with missing persons in the light of terrorist attacks and natural disasters, the protection of incapable adults and the monitoring and evaluation of existing legal instruments.
The Council of Europe has a long tradition and experience in the field of family law and cooperates with the EU and the Hague Conference, the ICCS and the ISS. However the Council of Europe’s family law instruments reach a greater audience and treat a wider variety of topics than those of any other institution.

Financial information

In 2007 - 1 plenary meeting (all member states – 46 members); 2 meetings of the working group of 4 members.
Budgetary figures
83 900 € of which travel and subsistence expenses for experts: 54 500€ and of which the cost of interpretation, translation and document production: 29 400 €.

1. Name of committee: Committee of experts on family law (CJ-FA)

2. Type of committee: Committee of experts

3. Source of terms of reference: European Committee on Legal Co-operation (CDCJ)

4. Terms of reference:

Having regard to:

    - the Action Plan of the Third Summit of the Heads of State and Governments of the member states of the Council of Europe (Warsaw, 16-17 May 2005), in particular Chapter III, item 2 concerning the need for “Building a Europe for Children”;

    - the Decisions of the Committee of Ministers of the Council of Europe in the field of family law, including;

          § CM (2006) 86 of 9 May 2006 concerning “Building a twenty-first century society with and for children (2006-2008);
          § CM (2006) 138 of 11 August 2006 concerning “Changes in Parenting: Children Today, Parents Tomorrow”.

    - Council of Europe Conventions, Resolutions and Recommendations in the field of family law, including;

          § Convention on contact concerning Children of 15 May 2003
          § European Convention on the exercise of Children’s rights of 25 January 1996;
          § European Convention on the Adoption of Children of 24 April 1967;
          § Recommendation 1551 (2002) of the Parliamentary Assembly concerning “Building a twenty-first century society with and for children”: follow-up to the European strategy for children (Recommendation 1286 (1996));
          § Resolution 1291 (2002) of the Parliamentary Assembly on International abduction of children by one of their parents;
          § Recommendation 1443 (2000) of the Parliamentary Assembly concerning International adoption: respecting children’s rights;
          § Rec(99)7 dated 23 February 1999 on the application of the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children;
          § Rec (99) 4 of 23 February 1999 on principles concerning the legal protection of incapable adults;
          § Rec(98)9 dated 18 September 1998 on dependence;
          § Rec (79)6 dated 20 April 1979 concerning the search for missing persons.

      Under the authority of the European Committee on Legal Co-operation (CDCJ) and within the framework of the implementation of Draft 2004/DGI/118 “Law and Civil Procedure, family law and the protection of Children” of the Programme of Activities, the CJ-FA is instructed to:

    i. to prepare a report concerning missing persons, presumption of death and commorientes following, in particular, terrorist attacks and natural disasters, by making use, inter alia, of the replies to the questionnaire on these issues in the context of succession, with a view to preparing a new legal instrument on this subject;

    ii. carry out a study on the situation of incapable adults, bearing in mind Recommendation

      No. R (99) 4 on the legal protection of incapable adults, with a view to preparing a new binding legal instrument on the subject;

    iii. consider which topics in the field of family law need examination and which legal instruments, if any, should be updated in order to accommodate changes in society;

    iv. propose ideas to the CDCJ, on the basis of the outcome of the evaluation report on the legal instruments and the case law of the European Court of Human Rights in the family law field, prepared by the independent expert as to if and how a monitoring procedure could be put in place;

    v. carry out any other activity with which the CDCJ might entrust it in the execution of its own terms of reference or in implementing the priorities identified by the Committee of Ministers.

      The work above will be carried out by the CJ-FA and its Working Parties in 2007 and 2008 and the results will be submitted to the CJ-FA in 2008.

5.A. Members

      Governments of member states are entitled to appoint representatives in the field of family law who are specialists in the subject matter.

      The Council of Europe’s budget bears the travelling and subsistence expenses for one representative per member state.

5. B. Other participants

      i. The European Commission and the Council of the European Union may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

      ii. The states with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send a representative to meetings of the Committee without the right to vote or defrayal expenses.

      iii. The following intergovernmental organisations may send representatives to meetings of the

    Committee, without the right to vote or defrayal of expenses:

    - Hague Conference on Private International Law (HCCH);

- International Commission on Civil Status (CIEC);

    - International Institute for the Unification of Private Law (UNIDROIT).

5. C. Observers

      The following non-governmental organisation may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- International Social Service (ISS).

6. Working Methods and Structures

The work will be carried out by the CJ-FA and its Working Parties.

In order to receive and analyse information, the CJ-FA can use consultants and scientific experts.

      Relevant work could be carried out in consultation with other appropriate bodies of the Council of Europe.

7. Duration:

The terms of reference of the committee shall expire on 31 December 2007.

Draft terms of reference of Group of Specialists on the independence, efficiency and role of judges (CJ-S-JUST)

Name of committee

Group of Specialists on the independence, efficiency and role of judges (CJ-S-JUST)

Compliance with Resolution Res (2005)47

YES

Programme of Activities: project(s)

Project 2004/DG1/97: Improving the organisation of independent judicial systems

Project relevance

1. Chapter I of the Third Summit Action Plan: Promoting common fundamental values: human rights, Rule of law and democracy.
2. Contributes to promoting common fundamental values, namely the development of the Rule of law.
3. CM Decisions: CM/Del/Dec(2006)967/10.2 item 4 concerning the CDCJ’s contribution to the implementation of the Action Plan of Third Summit, in particular its future priorities.
4. Political justification/framework: the CJ-S-JUST contributes to fulfilling the decision of the Third Summit to make proper use of the opinions given by the Consultative Council of European Judges (CCJE).
5. Consolidation, promotion, implementation of Council of Europe standards: the CJ-S-JUST will pursue its examination of the proposal to amend Recommendation No. R(94)12 on the independence, efficiency and role of judges.
6. Timeliness of project: the CJ-S-JUST will update standards concerning the independence and role of judges in the light of new ideas and practices concerning judicial services and their functioning in Europe.

Project added value

1. The Council of Europe is unique in Europe in its efforts to define standards concerning the judiciary.
2. Project covering new ground: see paragraph 6 above.
3. Avoiding duplication within the Council of Europe: the CCJE (independence, impartiality and competence of judges) and the European Commission for the efficiency of justice (CEPEJ) (efficiency of judicial systems) which deal with the development of judicial services within the Council of Europe, have no standard-setting competence. Thus, any duplication with the CJ-S-JUST’s activities is excluded.

Financial information

3 meetings of the Group in 2007, 6 members covered by the Council of Europe.

Budgetary figures
35 700 € of which travel and subsistence expenses for experts: 16 500€ and of which the cost of interpretation, translation and document production: 19 200 €.

1.

Name of Committee:

Group of Specialists on the independence, efficiency and role of judges (CJ-S-JUST)

2.

Type of committee:

Ad hoc Advisory Group

3.

Source of terms of reference:

European Committee on Legal Co-operation (CDCJ)

4.

Terms of reference:

-

-

Having regard to:

the Declaration and Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), in particular concerning the necessity of pursuing standard-setting in the field of justice;

the decision of the European Committee on Legal Co-operation (CDCJ) taken at its 81st meeting (22-24 March 2006) to update Recommendation n° R(94)12 on the independence, efficiency and role of judges;

 

Under the authority of the European Committee on Legal Co-operation (CDCJ), and in relation with the implementation of Project 2004/DGI/97 “Improving the organisation of independent judicial systems” of the Programme of Activities, the Group is instructed to:

pursue the examination of the proposal to amend Recommendation n° R(94)12 on the independence, efficiency and role of judges, in the light of new ideas and practices concerning judicial services and their functioning in Europe, which have emerged since its adoption.

5.

Composition of the Committee:

5.A.

Members

 

The Group shall be composed of 5 specialists with a thorough knowledge of questions relating to the functioning of judicial systems and chaired by one member of the CDCJ, all appointed by the Secretary General.

The Council of Europe budget will bear the travel and subsistence expenses of the 6 above-mentioned members of the Group.

5.B.

Participants

 

The following committees may send a representative to meetings of the Group, without the right to vote and at the charge of the corresponding Council of Europe budget sub-heads:
- Consultative Council of European Judges (CCJE)
- European Commission for the efficiency of Justice (CEPEJ)

5.C

Other participants

 

The European Commission and the Council of the European Union may send a representative to meetings of the Group, without the right to vote or defrayal of expenses.

5.D.

Observers

 

The following non-governmental organisations may send a representative to meetings of the Group, without the right to vote or defrayal of expenses:
- European Association of Judges (EAJ),
- Association “European Judges for democracy and freedom” (MEDEL),
- Association of European Administrative Judges.

6.

Working methods and structures

 

To fulfil its terms of reference and within the budgetary resources available, the Group may use consultants and organise hearings and consultations

7.

Duration

 

These terms of reference will expire on 31 December 2007.

Draft terms of reference of Group of Scientific experts on medical liability (CJ-S-MED)

Name of committee

Group of Scientific Experts on Medical Liability (CJ-S-MED)

Compliance with Resolution Res 2005)47

YES

Programme of Activities: project(s)

Project 2004/DG1/118: Civil law and procedure, family law and protection of children

Project relevance

1. Chapter I of the Third Summit Action Plan: Promoting common fundamental values: human rights, Rule of law and democracy.
2. Contributes to making full use of the Council of Europe’s standard setting potential and promoting further development of the Organisation’s legal instruments and mechanisms of legal co operation.
3. CM Decisions: CM/Del/Dec(2006)967/10.2 item 4 concerning the CDCJ’s contribution to the implementation of the Action Plan of Third Summit, in particular its future priorities.
4. Political justification/framework: the CJ-S-MED contributes to fulfilling the decision of the Third Summit to develop alternative means for the settlement of disputes.
5. Consolidation, promotion, implementation of Council of Europe standards: the CJ-S-MED will pursue the preparation of the multilateral seminar on medical liability, in particular by:
- taking stock of the activities already carried out in this area by the Council of Europe;
- identifying and proposing topics to be discussed at the seminar;
- considering the various sectors that should be represented at the seminar in order to ensure a comprehensive coverage of the topics proposed;
- examining the outcome of the seminar and make proposals to the CDCJ for possible follow-up
6. Timeliness of project: the CJ-S-MED will set the ground for creating common standards concerning the resolution of disputes in the field of medical liability in the light of new ideas and practices that will emerge at the Seminar.

Project added value

1. The Council of Europe is unique in Europe in its efforts to define standards concerning medical liability disputes.
2. Project covering new ground: see paragraph 5 above.
3. Avoiding duplication within the Council of Europe: the European Committee on Bioethics (CDBI) and the European Health Committee (CDSP) have been consulted when examining the issue of medical liability and are invited to take part in the work of this Group.

Financial information

2 meetings of the Group in 2007, 6 experts covered by the Council of Europe.

Budgetary figures
23 800 € of which travel and subsistence expenses for experts: 11 000€ and of which the cost of interpretation, translation and document production: 12 800 €.

1.

Name of Committee:

Group of Scientific Experts on Medical Liability
(CJ-S-MED)

2.

Type of committee:

Ad hoc Advisory Group

3.

Source of terms of reference:

European Committee on Legal Co-operation (CDCJ)

4.

Terms of reference:

-

Having regard to:

the decision of the European Committee on Legal Co-operation (CDCJ) taken at its 81st meeting (22-24 March 2006) to organise a multi-disciplinary European seminar on medical liability

i.

ii.

Under the authority of the European Committee on Legal Co-operation (CDCJ), and in relation with the implementation of Project 2004/DG1/118 ‘Civil law and procedure, family law and protection of children’ of the Programme of Activities, the Group is instructed to:
prepare a multilateral seminar on medical liability in Europe to be held in 2008, in particular:

    - take stock of the activities already carried out in this area by the Council of Europe;
    - identify and propose topics to be discussed at the seminar;
    - consider the various sectors that should be represented at the seminar in order to ensure a comprehensive coverage of the topics proposed.

examine the outcome of the seminar and make proposals to the CDCJ for possible follow-up.

5.

Composition of the Committee:

5.A.

Members

 

The Group shall be composed of 5 specialists in the area of medical liability, medicine and/or medical ethics and chaired by one member of the CDCJ, all appointed by the Secretary General.

The Council of Europe budget will bear the travel and subsistence expenses of the 6 above-mentioned members of the Group.

5.B.

Participants

 

The following committees may each send a representative to the meetings of the Group, without the right to vote and at the charge of the corresponding Council of Europe budget sub-heads:

    - European Committee on Bioethics (CDBI);
    - European Health Committee (CDSP);
    - European Commission for the efficiency of Justice (CEPEJ).

5.C

Other participants

 

The European Commission may send a representative to meetings of the Group, without the right to vote or defrayal of expenses.

6.

Working methods and structures

 

To fulfil its terms of reference and within the budgetary resources available, the Group may use consultants and organise hearings and consultations

7.

Duration

 

These terms of reference will expire on 31 December 2007.

Draft terms of reference of Group of Specialists on remedies for crime victims (CJ-S-VICT)

Name of committee

Group of Specialists on remedies for crime victims
(CJ-S-VICT)

Compliance with Resolution Res (2005)47

YES

Programme of Activities: project(s)

Project 2004/DG1/118 ‘Civil law and procedure, family law and protection of children’

Project relevance

1. Chapter I of the Third Summit Action Plan: Promoting common fundamental values: human rights, Rule of law and democracy.

2. Contribution to core values: protection of the victims of crime is a major issue in the context of strengthening human rights and Rule of Law

3. CM Decisions: CM/Del/Dec(2006)953/10.5bE (953rd meeting,
18-19 January 2006) concerning the Progress report of the Committee of Experts on Terrorism (CODEXTER) on future priority areas for the work of the Council of Europe in the fight against terrorism.

4. Political justification/framework: Resolution No. 1 ‘on victims of crime’ of the 27th Conference of European Ministers of Justice (Yerevan, 12-13 October 2006)

5. Consolidation, promotion, implementation of Council of Europe standards: CJ-S-VICT will review the situation in the member states concerning the protection of victims of crime in the framework of administrative and civil law and will identify the needs for development and consolidation of the Council of Europe standards in this area.

6. Timeliness of project: the activity of the CJ-S-VICT will be timely as the protection of victims of crime is presently of major importance for the member states. The issue of victims of crime having so far been dealt with mainly from the point of view of criminal law and policy, the CJ-S-VICT will ensure that the relevant administrative and civil law aspects of the protection of victims of crime are also duly covered. Moreover, it will pay special attention to victims of terrorism and thus contribute to the development of this topical theme for the Council of Europe.

Project added value

1. The Council of Europe has a recognised role and experience in Europe in elaborating legal standards in areas related to the work of the CJ-S-JUST, in particular administrative law and procedures, the role of NGOs, legal aid etc.

2. Project covering new ground: see paragraph 6 above.

3. Avoiding duplication within the Council of Europe: Resolution No. 1 of the above-mentioned Conference of European Ministers of Justice sets out distinct proposals as to the future work of the CDCJ and the other steering committee involved in the matter – the European Committee on Crime Problems (CDPC). Following these suggestions ensures that any duplication of the CJ-S-VICT activities with those of the CDPC is excluded. As to the CODEXTER, the issues concerning the victims of terrorism have been included in the draft Terms of Reference of the CJ-S-VICT in accordance with the above-mentioned CODEXTER Progress report. Moreover, the CODEXTER has examined the draft Terms of Reference of the CJ-S-VICT and has recommended their examination by the CM. The CDPC and CODEXTER will be involved in the work of the CJ-S-JUST as provided in its draft Terms of Reference.

Financial information

3 meetings of the Group in 2007, 8 members covered by the Council of Europe.

Budgetary figures
50 500 € of which travel and subsistence expenses for experts: 25 500€ and of which the cost of interpretation, translation and document production: 25 000 €.

1.

Name of Committee:

Group of Specialists on remedies for crime victims
(CJ-S-VICT)

2.

Type of committee:

Ad hoc Advisory Group

3.

Source of terms of reference:

European Committee on Legal Co-operation (CDCJ)

4.

Terms of reference:

-

-

Having regard to:

Resolu tion No.1 on ‘Victims of Crime’ of the 27th Conference of European Ministers of Justice (Yerevan, Armenia, 12-13 October 2006);

Progress report of the Committee of Experts on Terrorism (CODEXTER) on future priority areas for the work of the Council of Europe in the fight against terrorism (C M(2005)17 2 Addendum of 16 November 2005).

i.

ii.

iii.

Under the authority of the European Committee on Legal Co-operation (CDCJ), and in relation with the implementation of Project 2004/DG1/118 ‘Civil law and procedure, family law and protection of children’ of the Programme of Activities, the Group is instructed to:

analyse legislation and practices of member states concerning civil, administrative and other remedies available to victims of crime and identify good practices, in particular concerning :

    - reducing the risk of secondary victimisation, rehabilitation from crime suffered and ensuring adequate compensation for damage sustained;
    - the provision of information on procedures available, existence of simplified procedures and legal aid and advice before, during and after the completion of criminal, civil, administrative or other procedures;
    - meeting the specific needs of vulnerable victims such as children, the elderly and disabled persons;
    - the role of publicly or privately financed insurance schemes in ensuring compensation for damage sustained;
    - the role of authorities, organisations and persons dealing with and representing victims, particularly with respect to vulnerable victims.

analyse the specific situation of victims of terrorism offences with respect to compensation for damage sustained and identify good practices as regards the functioning of private and public insurance and compensation mechanisms for victims of terrorism;

on the basis of the above, make proposals to the CDCJ for a possible follow-up.

5.

Composition of the Committee:

5.A.

Members

 

The Group shall be composed of 7 specialists in the area of protection of victims of crime and/or insurance, and chaired by one member of the CDCJ, all appointed by the Secretary General.

The Council of Europe budget will bear the travel and subsistence expenses of the 8 above-mentioned members of the Group.

5.B.

Participants

 

The following committees may each send a representative to meetings of the Group, without the right to vote and at the charge of the corresponding Council of Europe budget sub-heads:

- European Committee on Crime Problems (CDPC);
- Committee of Experts on Terrorism (CODEXTER);
- Steering Committee for Human Rights (CDDH);
- Steering Committee for Equality between Women and Men (CDEG).

5.C

Other participants

 

The European Commission and the Council of the European Union may send a representative to meetings of the Group, without the right to vote or defrayal of expenses.

6.

Working methods and structures

 

To fulfil its terms of reference and within the budgetary resources available, the Group may use consultants and organise hearings and consultations.

7.

Duration

 

These terms of reference will expire on 31 December 2007.

Note * Changes in bold/grey, following the GR-J meeting of 10 January 2007.
Note 2 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.


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