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CM(2010)169corr  / 10 January 2011 

Ministers’ Deputies
CM Documents

CM(2010)169      13 December 20101

1103 Meeting, 19 January 2011
10 Legal questions

10.4 Consultative Council of European Judges (CCJE)
a. Abridged report of the 11th plenary meeting (Strasbourg, 17-19 November 2010)

Item to be prepared by the GR-J at its meeting of 11 January 2011

A. FOREWORD

1. The Consultative Council of European Judges (CCJE) met in Strasbourg, Palais de l’Europe (France) from 17 to 19 November 2010 with Mr Orlando AFONSO (Portugal) in the chair. The agenda is appended and the list of participants is available from the Secretariat.

B. ITEMS SUBMITTED TO THE COMMITTEE OF MINISTERS FOR DECISION

2. The CCJE invited the Committee of Ministers:

a. to take note of Opinion No. 13 (2010) entitled “The role of judges in the enforcement of judicial decisions” (document CM(2010)169 add1);

b. to take note of the “Magna Carta of judges (fundamental principles)” by the CCJE adopted at the occasion of its 10th anniversary, summarising and codifying the main conclusions of the Opinions already adopted (document CM(2010)169 add2);

and to transmit these two documents to the appropriate agencies in the member states and to the European Commission for the Efficiency of Justice (CEPEJ), the European Committee on Legal Co-operation (CDCJ), the European Committee on Crime Problems (CDPC), the Steering Committee for Human Rights (CDDH) and the Department for the execution of European Court of Human Rights judgements so that these bodies might take account of them in their own work;

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

C. ITEMS SUBMITTED TO THE COMMITTEE OF MINISTERS FOR INFORMATION

The CCJE

3. thanked the Portuguese authorities for their support in the organisation of the 10th anniversary of the CCJE;

4. expressed the wish that the Magna Carta of judges (fundamental principles) constitutes a useful tool for concerned national authorities and professionals in their efforts to promote a justice which is efficient and of quality;

5. invited its members to send to the Secretariat written information on recent developments in their countries regarding judges, to be included in the "country profile" section of its website;

6. took note of the statement made by the member of the CCJE on behalf of Poland concerning the appointment of judges by the President of the Republic of Poland and by the member of the CCJE on behalf of Bulgaria regarding the Code of Ethics for judges and welcomed the fact that a solution has been found at national level along the lines of letters that were sent by the CCJE to the authorities of both states regarding the status of judges;

7. took note of the statement made by the member of the CCJE on behalf of France concerning reforms of the Higher Judicial Council (“Conseil supérieur de la Magistrature”) and the constitutionality recourse (treatment of priority issues of constitutionality), as well as by the membre of the CCJE on behalf of Slovakia concerning disciplinary proceedings against some judges, and instructed its Bureau to address these requests, recalling in particular to the authorities of those states the standards of the Council of Europe that could be at stake;

8. took note of the statement made by the member of the CCJE on behalf of Serbia on the developments concerning the non re-election of judges, recalled that it adopted a Declaration on Serbia sent to the Serbian authorities in June 2010, and entrusted Mr. REISSNER Gerhard (Austria), who has been actively involved in this activity, with the follow-up of this issue of concern as regards irremovability of judges;

9. underlined its concern about the increasing number of requests for specific assistance requests submitted to it by national bodies reporting breaches of the independence or the status of judges, expressed the wish for increased awareness by the various bodies of the Council of Europe, of the importance of these breaches and the consequences they can have on the Rule of law, instructed its Bureau to define for 2011 an effective method to deal with these requests in an efficient and useful manner, and suggested that additional budgetary resources could be assigned to carry out this task aiming at helping states to comply with the Council of Europe standarts concerning judges;

10. entrusted Mr Alain LACABARATS (France) with the preparation of a document summarizing all the attacks on the status of judges for which it has been seized in the framework of its terms of reference, in order to duly inform the Committee of Ministers;

11. re-elected Mr Orlando AFONSO (Portugal) Chair and Mr Gerhard REISSNER (Austria) Vice-Chair of the CCJE for 2011; re-elected Mr Raffaele SABATO (Italy), member of the Bureau for a term of two years, it being understood that he would hold his seat alongside Mr Paul MAFFEI (Belgium) elected for two years in 2009;

12. appointed Ms Aneta ARNAUDOVSKA ("former Yugoslav Republic of Macedonia"), Ms Nina BETTETO (Slovenia), Mr José Francisco COBO SÀENZ (Spain), Mr Niels ENGSTAD (Norway), Mr Alain LACABARATS (France), Ms Irena PIOTROWSKA (Poland), Mr Duro SESSA (Croatia), Mr Virgilijus VALANČIUS (Lithuania) and Mr Bart VAN LIEROP (the Netherlands) as members and Mr Jean-Claude WIWINIUS (Luxembourg) as substitute in the select working party responsible for preparing the draft Opinion on non-materialisation of the judicial process (CCJE-GT) for submission to the 12th plenary meeting of the CCJE;

13. agreed that the draft Opinions to be prepared in 2011 could be preceeded by a brief questionnaire, the replies to which would usefully supplement the material existing in Europe on non-materialisation of the judicial process; instructed the Secretariat to prepare, in co-operation with Mr Alain LACABARATS (France), this questionnaire and send it to all members of the CCJE by 15 January 2011 in order to receive the replies by 1 March 2011; instructed the Secretariat, in the light of the technical nature of the topic to be treated, to appoint a scientific expert who will be entrusted with the task of the processing of the replies in a preparatory report;

14. welcomed the adoption by the Committee of Ministers of the Recommendation (2010)12 on judges: independence, efficiency and responsibilities, as well as the opportunity which was offered to the CCJE to participate concretely and usefully to its drafting;

15. thanked Mr Bart VAN LIEROP and Mr Reinier VAN ZUTPHEN (Netherlands) who welcomed the 18th meeting of the CCJE-GT and the 7th meeting of the CCJE-BU in the Hague, as well as Ms Aneta ARNAUDOVSKA ("the former Yugoslav Republic of Macedonia") who welcomed the 19th meeting of the CCJE-GT and the 8th meeting of the CCJE-BU in Ohrid and in Skopje during this country’s Chairmanship of the Committee of Ministers, and entrusted them to thank their national authorities for the excellent quality of the organisation of these meetings;

16. proposed to hold its 12th plenary meeting from 7 to 9 November 2011 and the 20th and 21st meetings of the working party (CCJE-GT) from 28 to 30 March and from 15 to 17 June 2011.

Appendix

Agenda

1. Adoption of the agenda

2. Information by the President and the Secretariat

3. Magna Carta

· Examination of the draft Magna Charta with a view of its adoption

4. Official ceremony for the 10th anniversary of the CCJE

· Programme (14h00 – 17h00)

    - Opening speech
    - Presentation of previous works by past presidents
    - Official presentation of the Magna Charta
    - Debate with the participants on the following topics:

      (1) To what purposes are CCJE Opinions used at national level?
      (2) What should be the priorities of the CCJE in the next future?

    - Conclusions
    - Cocktail given by the Secretary General

5. Draft Opinion No.13 of the CCJE for 2010

· Examination of the draft Opinion No.13 on the role of judges in the enforcement of judicial decisions with a view of its adoption

6. Preparation of Opinion 2011

· Discussion on the theme of the Opinion no.14 on non-materialisation of the judicial process: drafting of a questionnaire, scientific expert(s), possible conference

7. Working structure of the CCJE

· Election of the Chair and the Vice-Chair of the CCJE

· Election of a member of the Bureau of the CCJE

· Nomination of the Working Group of the CCJE for 2011

8. Situation in member states concerning judges

9. Communication strategy of the CCJE and visibility of its work

10. Calendar of future meetings of the CCJE and the CCJE-GT in 2011

11. Any other business

Note 1 This document has been classified restricted until examination by the Committee of Ministers.


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