Ministers’ Deputies
CM Documents

CM(2010)134 20 October 20101

1098 Meeting, 17 November 2010
10 Legal questions

10.1 European Commission for the efficiency of justice (CEPEJ)
b. Abridged report of the 15th plenary meeting (Strasbourg, 9 -10 September 2010)

Item to be prepared by the GR-J of 16 November 2010

A. FOREWORD

1. The European Commission for the Efficiency of Justice (CEPEJ) held its 15th plenary meeting in Strasbourg on 9-10 September 2010. The meeting was chaired by Mr Fausto de SANTIS (Italy), President of the CEPEJ. The agenda appears in the Appendix.

B. ITEMS SUBMITTED TO THE COMMITTEE OF MINISTERS FOR DECISION

2. The CEPEJ invited the Committee of Ministers:

    a. to approve its 2009 Activity Report (CM(2010)134 add1);

    b. to take note of the Report "European judicial systems – Edition 2010: efficiency and quality of justice" (CM(2010)134 add2);

    c. to take note of the "Handbook for conducting satisfaction surveys aimed at court users in Council of Europe member states" (CM(2010)134 add3);

and to ensure a wide dissemination of them among the relevant national institutions and organisations;

d. to take note of the present report as a whole.

C. ITEMS SUBMITTED TO THE COMMITTEE OF MINISTERS FOR INFORMATION

The CEPEJ

3. welcomed the work achieved jointly by the members of the CEPEJ-GT-EVAL chaired by Mr Jean-Paul JEAN (France), the scientific-expert, Ms Natalia DELGRANDE and the Secretariat to prepare the draft report on European judicial systems and thanked them warmly for the efforts dedicated to this exercise within a strict timeframe; it thanked the national correspondents who had coordinated the national answers to the evaluation Scheme and had fully co-operated with the experts so that they could submit a preparatory work of quality;

4. noted with satisfaction that the report includes the results of a survey carried out in 45 European states and that it was a unique exercise considering the number of fields addressed and countries concerned; underlined that the report took place in the framework of a regular process enabling the definition of a core of essential quantitative and qualitative data to be collected and processed similarly in all member states;

5. instructed the experts of the CEPEJ-GT-EVAL to prepare an overview of the report to facilitate its understanding and reading; this overview would be submitted on 23 September 2010 to the CEPEJ for approval, through a written procedure, and published together with the report;

6. instructed the Secretariat to organise the appropriate publication and dissemination of the report, including through its website, as from 25 October 2010;

7. decided to publish in extenso, on its website, all the individual answers of the member states to the evaluation Scheme; therefore it invited each delegation to check that the national answers appearing on the CEPEJ website had indeed been updated and, where appropriate, to submit to the Secretariat a consolidated version of these answers before 15 October 2010; agreed that a state which would not wish to make its data public could request this before 15 October 2010;

8. agreed to pursue the evaluation exercise within the framework of a new cycle, while keeping a biennial timeframe; therefore instructed the CEPEJ-GT-EVAL, in co-operation with the Steering Group of the SATURN Centre – as regards lengths of proceedings - to study the opportunity to revise some questions of the evaluation scheme and entrusted its Secretariat to adapt the electronic version of the evaluation scheme so as to take into account the comments by the national correspondents and the CEPEJ's members;

9. agreed, in accordance with its medium-term activity programme, to pursue the analysis of the facts and figures presented in the report, including by opening the exploitation of the data to researchers who would wish to benefit from the scientific support of the CEPEJ, according to modalities to be defined with the CEPEJ-GT-EVAL, under the authority of the CEPEJ Bureau;

10. took note of the work carried out by the Steering Group of the SATURN Centre and instructed it to pursue its work through quantitative and qualitative approaches;

11. approved the Report on the realisation of the Court user satisfaction survey in the Council of Europe member states (CEPEJ(2010)2) and decided to publish it within the framework of the Series "CEPEJ Studies";

12. instructed the CEPEJ-GT-QUAL to organise the implementation of the “Handbook for conducting satisfaction surveys aimed at court users in Council of Europe's member States” among CEPEJ's pilot courts and to propose possible amendments to these documents according to the result of this exercise;

13. approved the Study: "Quality management in courts and in the judicial organisations in 8 Council of Europe Member states" (CEPEJ(2010)3) to be published within the framework of the Series "CEPEJ Studies";

14. approved the report prepared by the experts appointed by the Bureau on "Performance study of the judicial department of the Emirate of Abu Dhabi, United Arab Emirates (CEPEJ-COOP(2010)1);

15. agreed to co-operate with the Ministry of Justice of the Montenegro for the "Analysis of rationalisation of the court network";

16. took note of the information on the activities of the Consultative Council of European Judges (CCJE) and the Steering Committee of Human Rights (CDDH) and appreciated the good co-operation with these bodies;

17. invited its members to forward to the Secretariat all the information on the celebration of the 8th European Day of Justice in October 2010;

18. noted with satisfaction that 50 candidatures had been submitted for the Crystal Scales of Justice which will be awarded in Ljubljana on 25 October 2010, concerning for the first time both civil and criminal matters.

Appendix – Agenda of the 15th plenary meeting of the European Commission for the efficiency of justice (CEPEJ)

1. Opening of the meeting

2. Adoption of the agenda

3. Information by the President of the CEPEJ and the Secretariat

4. Recent developments in the judicial field in the Council of Europe Member states

5. 2009 Activity Report of the CEPEJ: discussion in view of its adoption

6. Evaluation of judicial systems

    Rapporteur: Mr Jean-Paul JEAN, Chair of the CEPEJ-GT-EVAL (France)

(i) Report “European judicial systems – Edition 2010” : examination of the report in view of its adoption
(ii) Communication Strategy
(iii) Co-operation process through a peer evaluation

7. Quality of Justice

(i) Study on the quality management in the courts, prepared by the CEPEJ-GT-QUAL conducted by Mr Philippe LANGBROEK: examination in view of its adoption
Rapporteur: Mr François PAYCHERE (Switzerland)
(ii) Court user satisfaction
Rapporteur: Mr Jean-Paul JEAN, Scientific expert (France)

    · Draft Handbook on the Court user satisfaction surveys prepared by the CEPEJ-G-QUAL on the basis of the Report by Jean-Paul JEAN and Hélène JORRY : examination in view of its adoption
    · Towards a regular exercise measuring the users’ satisfaction in Europe? Discussion about the use of the handbook in the member states and by the CEPEJ.

8. Judicial time management: towards a European observatory of judicial timeframes
Rapporteur: Mr Jacques BÜHLER, Chair of the Groupe de Pilotage (Switzerland)

(i) Quantitative approach: a strategy to develop the EUGMONT data quality
(ii) Qualitative approach: organisation of a coaching programme within the courts

9. 5th plenary meeting of the network of the pilot courts of the CEPEJ (Geneva, Switzerland,
13 April 2010)

Rapporteur: Mr John STACEY, Vice-Chair of the CEPEJ (United Kingdom)

10. The role of the CEPEJ in the follow-up of the Interlaken Conference concerning the future of the European Court of Human Rights (18/19 February 2010)

11. Relations between the CEPEJ and the other bodies of the Council of Europe

      · Consultative Council of European Judges (CCJE)
      · Consultative Council of European Prosecutors (CCPE)
      · European Committee on Legal Co-operation (CDCJ)
      · European Committee on Crime Problems (CDPC)
      · Steering Committee for Human Rights (CDDH)

12. Co-operation with the European Union

(i) Last developments within the European Union in the judicial field

      Rapporteurs: Ms Elsa GARCIA MALTRAS DE BLAS (Spain) and Mr Dietger GEERAERT (Belgium) on behalf of the outgoing and incoming presidencies of the European Union

(ii) Reinforcement of the synergies between the CEPEJ and the other bodies of the European Union: implementation of the Stockholm Programme and resolution of the European Parliament concerning the institutional fields of the adherence of the EU to the ECHR (2009/2241(INI))
(iii) Crystal Scales of Justice and European Day of Justice

13. Observers to the CEPEJ

14. Any other business

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


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