CM(2008)160 24 October 20081
1044 Meeting, 10 December 2008
10 Legal questions
10.2 Consultative Council of European Prosecutors (CCPE) –
b. Abridged report of the 3rd plenary meeting (Strasbourg, 15 - 17 October 2008)
c. Draft revised terms of reference of the Consultative Council of European Prosecutors (CCPE) for 2009 - 2010
Item to be prepared by the GR-J on 18 November 2008
The Consultative Council of European Prosecutors (CCPE) met in Strasbourg from 15 to 17 October 2008, under the Chairmanship of Mr Harald RANGE (Germany). The agenda is contained in Appendix 1.
B. DECISIONS TAKEN BY THE CCPE
1. took note of:
- the information given by its President who represented the Council at the Conference: “Building a Europe for and with Children: towards a strategy for 2009 – 2011” organised by the Council of Europe, in Stockholm on 8 – 9 September 2008 and in the Eurojustice Conference in Edinburgh on 29 September – 1st October 2008;
- the information given by the Secretariat on its participation at a colloquy on international and European judicial cooperation organised by the Bar Association in Paris, 7 April 2008 to present the CCPE Opinion N°1.
2. took note of the information given by several members on recent domestic developments regarding public prosecution and invited its members to forward to the Secretariat written information and useful references which could be included into the area "country profiles" of its web site;
3. took note that the CDPC forwarded the CCPE’s Opinion No. (2007) 1 on “ways to improving the international cooperation in the criminal field” to the Committee of Ministers which took it into consideration;
4. adopted the Opinion No. 2 (2008) on “Alternatives to prosecution” (CCPE(2008)2);
- adopted the Opinion No. 3 (2008) on “the role of prosecutors outside the criminal field” (CCPE(2008)3);
- decided to forward these Opinions to the CDPC in view of submitting them to the Committee of Ministers for appropriate action, in particular by forwarding them to the competent authorities in the member states and, where appropriate, by translating them into the corresponding languages;
- invited the Committee of Ministers to forward these Opinions to the CEPEJ and the CCJE, so that these bodies can take them into account within the framework of their own work;
- invited its members to ensure a wide dissemination of these Opinions among their colleagues and the other relevant institutions in their countries;
5. approved the draft Terms of reference of the CCPE for 2009 – 2010 (CCPE(2008)1) and decided to forward them to the Committee of Ministers for adoption;
6. entrusted the Secretariat to undertake the necessary steps in view of the drafting of the CCPE and CCJE joint Opinion to the Committee of Ministers on the relationships between judges and prosecutors, in order to be submitted to the 4th plenary meeting of the CCPE;
7. welcomed the proposal to organise, in 2009, a Conference on the relationships between judges and prosecutors which will serve as a basis for the drafting of the CCPE and CCJE joint Opinion;
8. elected Mr Olivier de BAYNAST (France) President of the CCPE and Mr Joao Manuel DA SILVA MIGUEL (Portugal) Vice-President of the CCPE for 2009; it also elected Ms Raija TOIVIAINEN (Finland) and Mr Peter McCORMICK (Ireland) members of the Bureau of the CCPE;
9. appointed Ms Alessandra GIRALDI (Denmark); Mr Harald RANGE (Germany); Mr Peter POLT (Hungary); Mr Antonio MURA (Italy); Mr Alexander ZVYAGINTSEV and Mr Vladimir ZIMIN (Russian Federation – only one member for the Russian Federation to receive travel and subsistence expenses); Mr Antonio VERCHER NOGUERA (Spain); Mr Ahmet TASYURT (Turkey) as members of the 2009 Working Group and Mr Cedric VISART de BOCARME (Belgium) and Ms Despina KYPRIANOU (Cyprus) as substitute members;
10. approved the procedure enabling the CCPE to answer the requests regarding the specific situation of prosecutors in some member states in line with the CCPE’s terms of reference;
11. took note of the information on the activities of the Consultative Council of European Judges (CCJE), the European Commission for the Efficiency of Justice (CEPEJ), the Steering Committee on Crime Problems (CDPC) and the Lisbon Network and agreed to pursue an appropriate cooperation with these bodies to ensure the coherence between their respective activities and facilitate the synergies, where appropriate;
12. took note of the information given by the observers of MEDEL and the International Association of Prosecutors, thanked them for their concrete contribution to its activities and invited them to contribute further to the implementation of its programme of activities for 2009;
13. took note of the information provided by the Secretariat on the CCPE website.
14. proposed that its next plenary meeting be held on 18 – 20 November 2009, and the meetings of its Working Group (CCPE-GT) on 10 – 12 February 2009 and 28 - 30 September 2009, such dates having to be further confirmed by the Secretariat.
C. ITEMS SUBMITTED TO THE COMMITTEE OF MINISTERS FOR DECISION
15. The CCPE invited the Committee of Ministers:
i. to adopt the terms of reference of the CCPE for 2009 - 2010; these terms of reference would expire on 31 December 2010 (see appendix 2);
ii. to take note of this report as a whole.
1. Opening of the meeting by Mrs Anna Capello-Brillat, Secretary of the CCPE, Head of Justice Division, Directorate general of Human Rights and Legal Affairs
2. Adoption of the agenda
3. Information by the President, Bureau members and the Secretariat
4. Recent developments regarding public prosecution in the member states in relation to the implementation of the Recommendation 2000(19): tour de table
5. Discussion with a view to the adoption of CCPE's Draft Opinion No.2 on: "Alternatives to prosecution"
6. Discussion with a view to the adoption of CCPE’s Draft Opinion No.3 on: "the role of prosecutors beyond the criminal field"
7. Working programme 2009 - 2010
8. Working Structure of the CCPE
9. Situation in member States concerning prosecutors
10. Relations between the CCPE and other bodies of the Council of Europe
§ Consultative Council of European Judges (CCJE)
§ European Commission for the Efficiency of Justice (CEPEJ)
§ European Committee on Crime Problems (CDPC)
§ Lisbon Network
11. Communication strategy of the CCPE
12. Any other business
Consultative Council Of European Prosecutors (CCPE)
Compliance with Resolution Res(2005)47:
Programme of Activities: project(s)
Chapter II: Rule of Law
Line of Action II.1: Functioning and efficiency of Justice
2008/DG-HL/1424: Strengthening the status, role and functions of judges and prosecutors
1.Third Summit Action Plan: Chapter I.3 – Strengthening democracy, good governance and the rule of law in member states and Chapter II - Strengthening the
security of European citizens
2. Contribution to core values: Defending the Rule of Law, Human Rights and an independent and impartial judicial system
3. CM Decisions: decision of the Ministers’ Deputies at their 935th meeting (13 July 2005) to create the CCPE; approval of the Framework overall action plan for the work of the CCPE at their 981st meeting (29 November 2006)
4. Political justification/framework:
§ Main Recommendation No. 23 in the Wise Persons’ report of 1998 concerning the reinforcement of direct co-operation with national judicial institutions;
§ Conclusions and follow-up action agreed by the Committee of Ministers in 2000 on the respect of commitments of member states concerning the functioning of the judicial system;
§ Conclusions of the yearly Conferences of the Prosecutors General of Europe between 2000 and 2006.
Project added value:
The Committee of Ministers has recognized the importance of closely involving Public Prosecution services of the member states in its work aimed at the development of common policies and legal instruments related to their functioning and professional activities.
The CCPE has thus been given the tasks of preparing opinions for the attention of the Committee of Ministers on difficulties concerning the implementation of Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system; following a specific request from the Committee of Ministers, the CDPC or any other Council of Europe body, to prepare opinions concerning issues related to the prosecution service; to promote the implementation of Recommendation Rec(2000)19, in particular by the organisation of conferences on topics of common concern to the profession and to collect information about the functioning of prosecution services in Europe.
1 plenary meeting (47 members):
2 meetings of the Bureau (4 members):
2 meetings of limited members of the Council (max. 7 members), according to the specific tasks given by the plenary (drafting, etc.)
Estimated budget = 97.000 €:
69.000 € (experts' fees) + 5.000 € (consultants’ fees) + 17.000 € ( interpretation fees) + 3.000 € (translation fees) + 3.000 € (printing of documents and publications)
+ in 2009 : 1 conference jointly organised with the CCJE (47 members)
estimated budget = 20.000 €
13.000 € (experts fees) + 4.000 € (interpretation fees) + 2.000 € (translation fees) +1.000 € (printing of documents and publications)
Draft revised Terms of reference of the Consultative Council of European Prosecutors (CCPE) for 2009 - 2010
Name of Committee:
Consultative Council of European Prosecutors (CCPE)
Type of Committee:
Ad Hoc Committee / Consultative body
Source of terms of reference:
Committee of Ministers
Terms of reference:
Having regard to:
Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;
the Declaration and the Action Plan adopted by the Third Summit of Heads of State and Government (Warsaw, 16-17 May 2005), in particular Chapter 1.3 concerning the necessity to strengthen and ensure the security of European citizens;
Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system and the Conclusions of the Conferences of Prosecutors General of Europe;
the framework overall action plan for the work of the CCPE approved in 2006 by the CCPE, the European Committee on Crime Problems (CDPC) and the Committee of Ministers.
Within the framework of the Programme of Activities, under Programme II.1.1 “Functioning and Efficiency of Justice”, the CCPE is instructed:
to prepare opinions for the attention of the Committee of Ministers on issues concerning the functioning of the public prosecution service as outlined in the framework overall action plan for the work of the CCPE and in particular concerning the implementation of Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system, notably:
- to prepare in 2009 an opinion on “relationships between judges and prosecutors”; this work will be carried out on the basis of the results of the European Conference of judges and prosecutors on this subject, in close consultation with the Consultative Council of European Judges (CCJE);
- to prepare, in 2010 at latest, an opinion on the principles of public prosecution as regards juvenile justice, in the light of the resolution adopted by the 28th Conference of European Ministers of Justice (Lanzarote, October 2007);
- to initiate a reflection on the relationships between prosecutors and prison administration, taking namely into consideration the effective implementation of Recommendation R(2006)2 on European Prison Rules, in view of the drafting of an opinion later on.
to promote the implementation of Recommendation Rec(2000)19, in particular by gathering information on the functioning of public prosecution offices in Europe and through the organisation of conferences on topics of common concern to the profession;
to assist member states, where appropriate, to be in conformity with the Council of Europe standards concerning prosecutors;
to draft texts or opinions concerning prosecutors, at the request of the Committee of Ministers, the CDPC and other bodies of the Council of Europe;
to prepare, under its own responsibility, and taking into account the progress of its work, proposals as regards its activity programme for the coming years.
Composition of the Committee:
Governments of member states are entitled to designate representatives of the highest possible rank within the prosecution system. Members should be chosen in contact, where such authorities exist, with the national authorities responsible for prosecutors and with the national administration responsible for managing the prosecution service, from among serving prosecutors having a thorough knowledge of questions relating to the functioning of the prosecution system combined with utmost personal integrity.
The Council of Europe budget will bear the travel and subsistence expenses of one representative from each member state.
The following Committees may each send a representative to meetings of the CCPE, without the right to vote and at the charge of the corresponding CoE budget sub-heads:
- European Committee on Crime Problems (CDPC)
- Consultative Council of European Judges (CCJE)
- European Commission for the efficiency of Justice (CEPEJ)
- European Committee of Legal Co-operation (CDCJ)
The European Commission and the Council of the European Union, and in particular EUROJUST and the European Judicial Network, may send representatives to meetings of the CCPE, without the right to vote or defrayal of expenses.
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.
The following non-governmental organisations:
- the International Association of Prosecutors;
- the Association “Magistrats européens pour la démocratie et les libertés” (MEDEL)
may send a representative to meetings of the CCPE without the right to vote or defrayal of expenses.
Working Methods and Structures
The CCPE is an advisory body of the Committee of Ministers. The Consultative Council works in co-operation, in particular, with the CDPC and the CCJE and also, depending on the subjects dealt with, other committees or bodies. The CCPE reports on its activities to the Committee of Ministers and to the CDPC. In the framework of its activity and in particular in the drafting of its opinions, the CCPE will ensure the proper coordination and consistency with the CDPC on matters relating to criminal justice policy.
The CCPE has a Bureau consisting of the Chair, the Vice-Chair and two other members of the Committee.
To discharge its terms of reference, the CCPE may, within its budgetary appropriations, entrust a limited number of committee members with specific tasks, including the preparation of draft texts, and organise hearings. It may also make use of scientific specialists.
These terms of reference will expire on 31 December 2010.
Note 1 This document has been classified restricted until examination by the Committee of Ministers.