Ministers' Deputies
    CM Documents

    CM(2003)98 13 August 2003
    ——————————————
    851 Meeting, 9 September 2003
    10 Legal questions


    10.1 European Committee on legal co-operation (CDCJ)

    a. Abridged report of the 78th meeting (Strasbourg, 20 to 23 May 2003)1

    ——————————————

    LIST OF ITEMS DISCUSSED AND DECISIONS TAKEN

    1. The European Committee on Legal Co-operation (CDCJ) met in Strasbourg from 20 to 23 May 2003. The agenda appears in Appendix I to this document.

    ITEMS SUBMITTED TO THE COMMITTEE OF MINISTERS FOR DECISION

    2. The CDCJ invited the Committee of Ministers:

    a. to adopt the text of the draft Recommendation on interoperability of information systems in the justice sector and to take note of its explanatory memorandum (see item 4 of the agenda and Addendum I to this report);

    b. to adopt the text of the draft Recommendation on archiving electronic documents in the legal sector and to take note of its explanatory memorandum (see item 5 of the agenda and Addendum II to this report);

    c. to adopt the text of the draft Recommendation on the execution of administrative and judicial decisions in the field of administrative law and to take note of its explanatory memorandum (see item 6 of the agenda and Addendum III to this report);

    d. to adopt the text of the draft Recommendation on enforcement and to take note of its explanatory memorandum (see item 7 of the agenda and Addendum IV to this report);

    e. to adopt the text of the draft Recommendation containing a transmission form for legal aid abroad for use under the European Agreement on the transmission of applications for legal aid [ETS No. 092] and its Additional Protocol [ETS No. 179] (see item 10 c i of the agenda and Addendum V to this report);

    f. to authorise the Chair of the European Commission for the efficiency of justice (CEPEJ) to participate in the 25th Conference of European Ministers of Justice (Sofia 9 and 10 October 2003) (see item 11 a i of the agenda);

    g. to approve the draft specific terms of reference of the Project Group on administrative law (see item 13 b of the agenda and Appendix II to this report);

    h. to approve the draft specific terms of reference of the Group of specialists on identity and terrorism (CJ-S-IT) (see item 16 a of the agenda and Appendix III to this report);

    i. to approve the draft specific terms of reference of the Group of specialists on judicial standards
    (CJ-S-JU) (see item 16 d of the agenda and Appendix IV to this report).

    ITEMS SUBMITTED TO THE COMMITTEE OF MINISTERS FOR INFORMATION

    3. The CDCJ invited the Committee of Ministers to note:

    a. the adoption by the CDCJ of the report containing guiding principles for the protection of individuals with regard to the collection and processing of data by means of video surveillance (see item 8 of the agenda);

    b. the change of date of the 26th Conference of European Ministers of Justice in Helsinki, Finland in 2005 (see item 11 a ii of the agenda);

    c. that it had invited Monaco to become an observer on the CJ-PD (see item 12 of the agenda);

    d. the priority nature of the activities of the CDCJ and the need to ensure the availability of sufficient resources to enable it to carry out as rapidly as possible its programme of activities (see item 16 of the agenda).

    4. The CDCJ considered:

    a. the preparation of the 25th Conference of European Ministers of Justice (Sofia, 9 and 10 October 2003) (see item 11 a i of the agenda);

    b. the improvement of its working methods and in particular ways to facilitate discussions concerning comments sent by delegations on draft international legal instruments and to deal with requests from international non-governmental organisations (INGOs) to co-operate with the CDCJ (see item 12 of the agenda);

    c. means to ensure an appropriate “after-sales service” for treaties prepared by the CDCJ and, in this context, agreed to prepare a report on civil liability (see items 14 and 16b of the agenda);

    d. the feasibility of setting up a CDCJ news group within the Council of Europe website and agreed to return to this matter at a later stage (see item 15 of the agenda);

    e. the follow-up to the White Paper concerning the establishment and legal consequences of parentage (see item 16 c i of the agenda);

    f. the question of human genetics and the issue of personal data not related to health (eg parentage) and agreed to consider at its next meeting whether any future work could give rise to concrete results in the field (see item 16 c ii of the agenda);

    g. means to improve the implementation of the European Convention on information and foreign law [ETS No. 062] and its Additional Protocol [ETS No. 097] (see item 17 a of the agenda);

    h. the follow-up to the Convention on information and legal co-operation concerning “Information Society Services” [ETS No. 180] (see item 17 b of the agenda).

    5. The CDCJ took note of:

    a. the decisions of direct interest to the CDCJ taken by the Committee of Ministers (see item 9 of the agenda);

    b. the work of its subordinate committees (the former Committee of experts on efficiency of justice
    (CJ-EJ), the Project Group on data protection (CJ-PD), the Committee of experts on nationality (CJ-NA), the Committee of experts on family law (CJ-FA), the Project Group on administrative law (CJ-DA) and the Group of specialists on identity and terrorism issues (CJ-S-ID) (see item 10 a of the agenda);

    c. the work of other bodies in the Council of Europe carrying out activities of interest to the CDCJ (see items 10 b, c, d, e and 11);

    d. the invitation of Armenia to hold the 27th Conference of European Ministers of Justice in Yerevan in 2006 and agreed that it would consider this question at a later stage (see item 11 a iii of the agenda);

    e. the working document on the application of genetics for health purposes (see item 16 c iii of the agenda);

    f. information concerning other legal work carried out within the Council of Europe (see item 22 a of the agenda);

    g. information concerning the work carried out by the European Union on matters of interest to the CDCJ (see item 22 b i of the agenda);

    h. information concerning work carried out by the Hague Conference on private international law and the International Commission on civil status (CIEC) (see items 22 b ii and iii of the agenda).

    6. The CDCJ elected Mr Inge Lorange BACKER (Norway) as Chair for one year and Ms Cristina LUZESCU (Romania) as Vice-Chair for one year. It re-elected Ms Roseline DEMOUSTIER (Belgium) and elected Mr Pekka NURMI (Finland) and Ms Xeni SKORINI-PAPARRIGOPOULOU (Greece) as members of its Bureau for two years (see item 18 a of the agenda).

    7. The CDCJ decided to hold its next meeting during the week beginning 10 or 24 May 2004 (see items 20 and 21 of the agenda).

    8. Finally the CDCJ invited the Committee of Ministers to take note of this report as a whole.

    Appendix I

    AGENDA

    1) Opening of the meeting

    2) Adoption of the agenda

    3) Statement by the Secretariat (Information item)

    I. TEXTS

    4) Approval of the draft Recommendation on interoperability of information systems in the justice sector

    5) Approval of the draft Recommendation on archiving electronic documents in the legal sector

    6) Approval of the draft Recommendation on the execution of administrative and judicial decisions in the field of administrative law

    7) Approval of the draft Recommendation on enforcement

    8) Adoption of the draft report containing guiding principles for the protection of individuals with regard to the collection and processing of data by means of video surveillance

    II. ACTIVITIES CONCERNING THE CDCJ

    9) Decisions of the Committee of Ministers concerning the CDCJ (Information item)

    10) State of work of committees of the CDCJ and work of Convention committees and other committees of direct interest to the CDCJ

    a) Committees of experts
    b) Consultative Council of European Judges (CCJE) (see also item 16 d below)
    c) Convention committees
    d) Committees working in the field of action against terrorism
    e) European Commission for the efficiency of justice (CEPEJ)

    11) Conferences and Colloquies in the legal field

    a) Conferences of European Ministers of Justice
    b) Other Conferences and Colloquies

    12) Working methods of the CDCJ and its Bureau

    a) General matters
    b) Observers

    13) Adoption of revised terms of reference of certain subordinate committees

    a) Committee of experts on nationality (CJ-NA)
    b) Project Group on administrative law (CJ-DA)

    14) The acquis of Council of Europe treaties prepared by the CDCJ

    15) Feasibility of setting up a CDCJ news group within the Council of Europe website

    16) Proposals for future activities

    a) Follow-up to the work in the field of terrorism
    b) Civil liability (see also item 14 above)
    c) Principles concerning the establishment and legal consequences of parentage:
    d) Response to the work of the CCJE (see item 10 b above)

    17) Conventions or Recommendations

    a) Consideration of means to improve the implementation of the European Convention on Information and Foreign Law [ETS No.062] and its Additional Protocol [ETS No.°097]
    b) Follow-up to the Convention on information and legal co-operation concerning “Information Society Services” [ETS No.°180] (see also Item 11 b ii above)
    c) Convention on contact concerning children [ETS No.192]
    d) Conventions or Recommendations for consideration by the CDCJ

    18) Elections and appointments

    a) Elections
    b) Appointments

    19) Bureau of the CDCJ

    a) Work carried out by the Bureau
    b) Tasks to be given to the Bureau of the CDCJ

    20) Agenda of the 79th meeting of the CDCJ (2004)

    21) Calendar of future meetings

    III. OTHER MATTERS

    22) Legal work carried out outside the CDCJ (Information item)

    a) Within the Council of Europe
    b) Outside the Council of Europe

    Appendix II

    Draft Revised Specific Terms of Reference of the Project Group on Administrative Law (CJ-DA)

    1. Name of Committee:

    Project Group on Administrative Law (CJ-DA)

    2. Type of Committee:

    Committee of experts

    3. Source of terms:

    European Committee on Legal Co-operation (CDCJ)

    4. Terms of Reference:

    Under the authority of the European Committee on Legal Co-operation (CDCJ), the CJ-DA is instructed in particular:

    a. to finalise in 2004 the elaboration of the draft recommendation on the judicial review of administrative action on the basis of the preliminary draft recommendation prepared in 2003 by the Working Party of the CJ-DA, with a view to transmitting it to the CDCJ, for adoption by the Committee of Ministers;

    b. to identify in 2004 for the attention of the CDCJ the areas of political interest which justify high priority as regard specific activities aiming at the strengthening of the right to a good administration in the interest of private persons.

    5. Membership of the Committee:

    a. The governments of all member States are entitled to appoint members with the following desirable qualifications: senior officials having responsibilities as regards administrative law and administrative justice.

    The Council of Europe's budget bears travelling and subsistence expenses for one expert per member State.

    b. The European Commission and the General Secretariat of the Council of the European Union may take part in the work of the CJ-DA, but without the right to vote or to reimbursement of expenses.

    c. The following observers with the Council of Europe may send a representative to meetings of the CJ-DA but without the right to vote or to defrayal of expenses:

    - Canada,
    - Holy See,
    - Japan,
    - Mexico,
    - United States of America.

    d. The following observers with the Committee may send representatives, without the right to vote or defrayal of expenses, to meetings of the Committee:

    - OECD,
    - UN and its specialised organs,
    - the International Commission on Civil Status,
    - the European Public Law Centre and
    - the European Federation of Administrative Judges.

    6. Working structures and methods:

    The CJ-DA may set up working parties and make use of expert-consultants and organise hearings and consultations.

    7. Duration:

    These terms of reference shall be reviewed before 31 December 2004.

    Appendix III

    Draft Specific Terms of Reference of the Group of Specialists on Identity and Terrorism (CJ-S-IT)

    1. Name of Committee:

    Group of Specialists on Identity and Terrorism (CJ-S-IT)

    2. Type of Committee:

    Group of Specialists

    3. Source of terms of reference:

    European Committee on Legal Co-Operation (CDCJ)

    4. Terms of reference:

    Under the authority of the European Committee on Legal Co-Operation (CDCJ) and in the light of the final report of the Group of specialists on identity and terrorism (CJ-S-ID), the Group of specialists on identity and terrorism (CJ-S-IT) has the task of preparing provisions to be included in an international instrument to contribute to and strengthen the Council of Europe and its member States' action against terrorism, especially focusing on the following:

    a. strengthening document security and document issuing procedures, especially in order to verify the identity of applicants, taking into account especially how this could be done by:

    - facilitating access to document registers by national authorities to enable rapid, reliable and comprehensive identity checks to be carried out,

    - facilitating the identification of persons who have changed their names or who have several names, nationalities, travel or identity documents,

    - facilitating the notification and registration of events which have taken place in different countries and which concern the identity of a person;

    b. promoting the use of scientific identification in identity documentation.

    5. Membership of the Committee:

    a. The Group shall be composed of 7 specialists in the above-mentioned issues, to be appointed by the Secretary General, in consultation with the Chair of the CDCJ.

    b. The travel and subsistence expenses of the specialists will be borne by the budget of the Council of Europe.

    c. The European Commission and the General Secretariat of the Council of the European Union may take part in the work of the CJ-S-IT, but without the right to vote or to reimbursement of expenses.

    d. The following observers may send representatives, without the right to vote or defrayal of expenses:

    - International Commission on Civil Status (CIEC);
    - Interpol;
    - Europol;
    - International Civil Aviation Organisation (ICAO).

    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;

    The Group will complete the above terms of reference in not more than two meetings and will report to the CDCJ or its Bureau at the end of each meeting.

    7. Duration:

    These terms of reference shall expire on 30 June 2004.

    Appendix IV

    Draft Specific Terms of Reference of the Group of Specialists on Judicial Standards (CJ-S-JU)

    1. Name of Committee:

    Group of Specialists on Judicial Standards (CJ-S-JU)

    2. Type of Committee:

    Group of specialists

    3. Source of Terms of Reference:

    European Committee on legal co-operation (CDCJ)

    4. Terms of Reference:

    Under the authority of the European Committee on legal co-operation (CDCJ), the Group of Specialists on judicial standards (CJ-S-JU) has the task of examining the opinions prepared by the Consultative Council of European Judges (CCJE) and the Conclusions of the European Conference of Judges on the theme “Early settlements of disputes and the role of judges” (November 2003, Strasbourg) in order to consider the need to prepare or update international legal instruments to contribute to and strengthen the work of the Council of Europe and its member States for the purpose of consolidating the role of judges and the Rule of Law. The CJ-S-JU will, where appropriate, make proposals for provisions to be included in such legal instruments. It will examine and make proposals in particular concerning:

    - the possible updating of Recommendation No. R (94) 12 on the independence, efficiency and the role of judges;

    - the rules applicable to judicial responsibility.

    5. Membership of the Committee:

    a. The Group shall be composed of 7 specialists in the above-mentioned issues to be appointed by the Secretary General in consultation with the Chair of the CDCJ;

    b. The travel and subsistence expenses of the specialists will be borne by the budget of the Council of Europe;

    c. The European Commission and the General Secretariat of the Council of the European Union may take part in the work of the CJ-S-JU, but without the right to vote or to reimbursement of expenses;

    d. The following observers may send representatives, without the right to vote or defrayal of expenses:

    - the European Association of Judges (AEM);
    - the Association “European Judges for Democracy and Liberties” (MEDEL).

    6. Working structures and methods:

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

    b. the Group will complete the above terms of reference in not more than two meetings and will report to the CDCJ or its Bureau at the end of each meeting;

    7. Duration:

    The terms of reference shall expire on 31 December 2004.

Note 1 The detailed report of the meeting (CDCJ (2003) 21) can be consulted on the site www.coe.int/cdcj.


 Top

 

  Related Documents
 
   Meetings
 
   Other documents