1019th meeting – 27-28 February 2008

Appendix 4
(Item 10.1)

Terms of reference of the Consultative Council of European Prosecutors (CCPE) for 2008

Fact Sheet

Committee Name:

Consultative Council of European Prosecutors (CCPE)

Compliance with Resolution Res(2005)47:

Yes.
The Bureau is composed of four members

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

Project relevance:

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: yes.
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 recognised 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.

Financial information:

1 plenary meeting (47 members)
2 meetings of the Bureau (4 members)
2 meetings of a limited number of 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' costs) + €5 000 (consultants) + €17 000 (interpretation) + 
€3 000 (translation) + €3 000 (document production and publishing)

Terms of reference of the Consultative Council of European Prosecutors (CCPE) for 2008

1.

Name of Committee:

Consultative Council of European Prosecutors (CCPE)

2.

Type of Committee:

Ad Hoc Committee/consultative body

3.

Source of terms of reference:

Committee of Ministers

4.

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 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.

i

ii.

iii.

iv.

v.

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 CDPC 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;

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; in particular to prepare specific opinions on “the role of public prosecutors outside the field of criminal justice” and on “alternatives to prosecutions”;

to promote the implementation of Recommendation Rec(2000)19, in particular by the organisation of conferences on topics of common concern to the profession;

to collect information about the functioning of prosecution services in Europe;

to prepare, under its own responsibility, and taking into account the evolution of its work, proposals as regards its activity programme for the coming years.

5.

Composition of the Committee:

5.A.

Members

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.

5.B.

Participants

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

- European Committee on Crime Problems (CDPC);
- Consultative Council of European Judges (CCJE);
- European Commission for the Efficiency of Justice (CEPEJ).

5.C

i.

ii.

Other participants

The European Commission and the Council of the European Union 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 CCPE without the right to vote or defrayal of expenses.

5.D.

Observers

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.

6.

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 and all texts for the Committee of Ministers will be forwarded through the CDPC to ensure proper co-ordination and consistency 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.

7.

Duration:

These terms of reference will expire on 31 December 2008.



 Top

 

  Related Documents
 
   Meetings
 
   Other documents