CCJE-BU(2016)2
Strasbourg, 18 April 2016
BUREAU OF THE CONSULTATIVE COUNCIL
OF EUROPEAN JUDGES
(CCJE-BU)
Report of the 20th meeting
Strasbourg, 30 March 2016
Document prepared by the Secretariat
Directorate General I – Human Rights and Rule of Law
I. INTRODUCTION
1. The Bureau of the Consultative Council of European Judges (CCJE-BU) held its 20th meeting in Strasbourg on 30 March 2016. The meeting was chaired by Mr Nils ENGSTAD (Norway), President of the CCJE.
2. The following members of the Bureau were also present:
· Mr Duro SESSA (Croatia), Vice-President of the CCJE;
· Ms Nina BETTETO (Slovenia);
· Mr Jean-Claude WIWINIUS (Luxembourg).
3. The agenda is set out in Appendix I.
II. COMMUNICATION BY THE PRESIDENT, MEMBERS OF THE BUREAU AND THE SECRETARIAT
4. The President provided information on his past and future missions involving his presentations on the CCJE standards and activities.
5. On 14-15 December 2015, he attended a forum on judicial accountability organised by the International Commission of Jurists in Geneva. The forum discussed particular challenges experienced by judiciaries in many countries, and it was also attended by the UN Special Rapporteur on the Independence of Judges and Lawyers. The handbook on the topic of accountability was planned to be produced in June 2016.
6. On 29 January 2016, the President attended the opening of the judicial year of the European Court of Human Rights in Strasbourg.
7. On 5-6 April 2016, he would participate in the Conference on the Council of Europe Strategy for the Rights of the Child organised in Sofia, Bulgaria, within the framework of the Bulgarian Chairmanship of the Committee of Ministers of the Council of Europe. The Conference participants would discuss the newly adopted Strategy for the Rights of the Child and would exchange their views on the five priority areas identified in the Strategy. The Conference would identify how all actors in the member states can work together to realise the objectives of the Strategy.
8. On 21-22 April 2016, the President would also participate in the High-Level Conference of Ministers of Justice and representatives of the judiciary on “Strengthening judicial independence and impartiality as a pre-condition for the rule of law in Council of Europe member states” in Sofia, also organised within the framework of the Bulgarian Chairmanship of the Committee of Ministers. The aim of the Conference is to stimulate the dialogue among member states on problems of independence and impartiality of the judiciary, and to highlight and provide incentives for ongoing reforms.
9. In particular, the Council of Europe Plan of Action on strengthening judicial independence and impartiality in member states, prepared at the initiative of the Secretary General, would be presented and discussed at this Conference, and ways would be identified on how to support member states in its implementation. The Plan of Action is based on several important documents including the report entitled “Challenges for judicial independence and impartiality in the member states of the Council of Europe” prepared jointly by the Bureau of the CCJE and the Bureau of the Consultative Council of European Prosecutors (CCPE) at the initiative of the Secretary General[1].
10. The Secretariat briefed the Bureau members on the ongoing process of preparation of the Plan of Action which had been scheduled for adoption by the Committee of Ministers on 13 April 2016.
11. Mr Jean-Claude WIWINIUS (Luxembourg) informed the members of the Bureau that he had recently been elected by his peers as President of the High Court of Luxembourg, and he would then become at the same time President of the Constitutional Court. He would take up his duties in August 2016.
12. The Bureau discussed and decided to respond positively to the request of co-operation by Professor Hans Petter GRAVER of the Faculty of Law of University of Oslo within the framework of his research project on the impact of history on the independence of judges.
III. PREPARATION OF THE CCJE OPINION No. 19 ON THE ROLE OF COURT PRESIDENTS
13. The members of the Bureau and the Secretariat briefly discussed the two key documents prepared by Mr Marco FABRI, scientific expert of the CCJE: preliminary draft of the Opinion No. 19 (document CCJE-GT(2016)1Prov) and the synthesis of the replies of members states to the questionnaire for the preparation of the Opinion No. 19 (document CCJE-GT(2016)2). The members of the Bureau highly praised both documents, having noted that in 2016, a record number of 38 member states had responded to the questionnaire (compilation of responses has been published on the CCJE website: document CCJE(2016)1).
14. In the course of the discussions that followed, the members of the Bureau examined some issues relating to the structure as well as the substance of the draft Opinion. The questions of differentiation between the court presidents’ judicial and managerial work, relations with other judges and court staff, external and internal independence of judges, the role of Presidents of the Supreme Courts and other issues were discussed. The Bureau agreed that the Opinion should as usually finish with certain conclusions and recommendations.
15. These and other issues would be discussed further during the Working Group meeting on the basis of the two above-mentioned documents prepared by Mr FABRI. The timetable for the process of further drafting would be decided at the end of the Working Group meeting.
IV. OTHER WORK OF THE CCJE
16. The Secretariat updated the Bureau members on the process of adoption of the report prepared jointly by the Bureau of the CCJE and the Bureau of the CCPE at the initiative of the Secretary General entitled “Challenges for judicial independence and impartiality in the member states of the Council of Europe”.
17. Mr Johannes RIEDEL, member of the CCJE Bureau in 2014/2015 and member of the Task Force in charge of the preparation of the report, presented, together with Mr Cédric VISART DE BOCARMÉ, President of the CCPE, the report to the Committee of Ministers of the Council of Europe on 20 January 2016. After the presentation of the report, the delegations from 17 member states took the floor, welcomed the report and highly praised it. They thanked the Bureaus of the CCJE and the CCPE for having prepared, within a short period of time, a comprehensive document on the justice systems in almost all member states. They also fully accepted the fact that, as Mr RIEDEL and Mr VISART DE BOCARMÉ underlined, the report was not a result of a systematic and scientific effort and that, given the time constraints, the incidents reported were not based on thorough and exhaustive research. The delegations underlined that the strength of the report was that it contained all basic principles for the judicial independence and impartiality, and it provided an excellent picture of how the justice systems should be developed. The report would undoubtedly be helpful in connection with the preparation of the Council of Europe’s thematic Plan of Action on judicial independence and impartiality. The delegations noted that, while there was no uniform system of justice in the member states, there were common goals, as the report had very well demonstrated.
18. As regards the concrete situations and incidents in the member states, the delegations agreed that the report had given a good overall picture. At the same time, certain inconsistencies were noticed. Some delegations regretted in particular the use of certain electronic media sources. The delegations were invited to present their comments in writing in order that they may be considered.
19. The deadline of 7 March 2016 was established for the submission of comments. As was decided previously, the comments received were distinguished as following: 1) factual inconsistencies; 2) clarifications regarding various aspects of legislation or practices; 3) general observations. The report was corrected as regards the very few factual inconsistencies. As regards the clarifications, a separate document was prepared which would be published together with the report itself. General observations were not included in that document, but they would be shared with the members of the CCJE and the CCPE.
V. OTHER ITEMS
20. The Bureau discussed the modalities of the planned organisation of the next meeting of the Bureau and of the Working Group on 15-17 June 2016 in Madrid.
APPENDIX I
AGENDA / ORDRE DU JOUR
1. Opening of the meeting / Ouverture de la réunion
2. Adoption of the agenda / Adoption de l’ordre du jour
3. Communication by the President, members of the Bureau and the Secretariat / Communication du Président, des membres du Bureau et du Secrétariat
4. Preparation of the 30th meeting of the CCJE-GT and the draft Opinion No. 19 on « the role of court presidents » / Préparation de la 30ème réunion du CCJE-GT et du projet de l’Avis No. 19 sur « le rôle des présidents de tribunaux »
5. Follow-up to the report prepared jointly by the Bureau of the CCJE and the Bureau of the CCPE for the attention of the Secretary General of the Council of Europe entitled “Challenges for judicial independence and impartiality in the member states of the Council of Europe”/ Suivi au rapport préparé conjointement par le Bureau du CCJE et le Bureau du CCPE à l’attention du Secrétaire Général du Conseil de l’Europe intitulé « Défis pour l’indépendance et l’impartialité du système judiciaire dans les États membres du Conseil de l’Europe »
6. Other work of the CCJE / Autres travaux du CCJE
7. Any other business / Divers