Ministers’ Deputies
Notes on the Agenda

CM/Notes/952/10.1 20 December 20051
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952 Meeting, 11 January 2006
10 Legal questions


10.1 European Committee on Legal Cooperation (CDCJ)

Draft specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT)

Item prepared by the GR-J

Reference documents
CM/Del/Dec/949/1.1, CM/Del/Dec/951/10.7a,
CM/Notes/951/10.7 Addendum
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Action

To adopt the draft specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT).

1. At its 80th meeting (20-22 April 2005), the European Committee on Legal Co-operation (CDCJ) instructed its Bureau to decide on the follow up to its activity on seeking legal solutions to debt problems. The CDCJ Bureau met in Strasbourg on 13-14 October 2005 where it approved the draft specific terms of reference for the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT) contained in the Appendix to the present Notes.

2. It is recalled that at their 949th meeting (1 December 2005, item 1.1), the Deputies agreed to postpone this item on theagenda to their 951st meeting (14 December 2005), after consideration by their Rapporteur Group on Legal Co-operation (GR-J).

3. At its meeting on 8 December 2005, the GR-J examined the draft terms of reference for the group of specialists. It agreed to request the Secretariat to prepare a document for the 951st meeting of the Deputies containing the information provided orally to the GR-J, ie explaining the background to and reasons for the proposed activity (see document CM/Notes/951/10.7 Addendum).

Financing assured: YES

DRAFT DECISION

952nd meeting – 11 January 2006

Item 10.1

European Committee on Legal Cooperation (CDCJ)

Draft specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT)
CM/Del/Dec/949/1.1, CM/Del/Dec/951/10.7a, CM/Notes/951/10.7 Addendum

Decision

The Deputies adopted the specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT), as they appear at Appendix … to the present volume of Decisions.

Appendix
(Item 10.1)

Specific terms of reference of the group of specialists on seeking legal solutions to debt problems (CJ-S-DEBT)

1. Name of Group:

Group of Specialists on seeking legal solutions to debt problems (CJ-S-DEBT)

2. Type of Group:

Ad hoc Advisory Group

3. Source of terms of reference:

European Committee on Legal Cooperation (CDCJ)

4. Terms of reference:

Under the authority of the European Committee on Legal Cooperation (CDCJ), the Group of Specialists on seeking legal solutions to debt problems is called upon:

a. to analyse existing legislation and good practises as well as to identify the difficulties met in finding solutions to debt problems;

b. to prepare an appropriate instrument defining legislative and administrative measures as well as to consider remedies to prevent and solve debt problems;

c. to consider the role and co-operation of competent bodies at international, national, regional and local level, such as courts, administrative authorities, non-governmental organisations involved as well as financial and lending institutions;

d. to consider ways of providing assistance to member states in application of the above mentioned instrument and, when necessary, make appropriate proposals to the Committee of Ministers.

These draft terms of reference are based on the Resolution No. 1 of European Ministers of Justice on seeking legal solutions to the debt problems in a credit society (MJU-26 (2005) Resol. 1 Final).

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

5. Membership of the Group:

Membership

a. The Group shall be composed of 5 specialists in these fields, to be appointed by the Secretary General. Their travel and subsistence expenses will be borne by the budget of the Council of Europe.

b. The Group shall be chaired by a member of the CDCJ.

Participants

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

6. Working structures and methods:

In order to discharge its functions, the Group may seek the advice of external experts and have recourse to studies by consultants.

7. Duration

These terms of reference will expire on 31 December 2006.

Note 1 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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