Strasbourg, 1 December 2010

CCPE-BU(2010)4

BUREAU OF THE CONSULTATIVE COUNCIL

OF EUROPEAN PROSECUTORS

(CCPE-BU)

Report of the 13th meeting

Strasbourg, 23 June 2010

Secretariat document

prepared by the Directorate General of Human Rights and Legal Affairs


I.              INTRODUCTION

1.             The Bureau of the Consultative Council of European Prosecutors (CCPE‑BU) held its 13th meeting in Strasbourg on 23 June 2010, the meeting was chaired by Mr Olivier De Baynast (France).

2.             The following members of the CCPE-BU were also present :

- Mr Joao Manuel da SILVA MIGUEL (Portugal), Vice-President of the CCPE

- Mr Antonio MURA (Italy),

- Ms Raja TOIVIAINEN (Finland).

3.             The draft agenda figures in appendix I of this report.

II.            INFORMATION GIVEN BY THE CHAIR, BY membeRs OF THE Bureau AND BY THE Secrétariat

4.             The Bureau welcomed the wide dissemination of Opinion N° 4, jointly adopted with the CCJE on “Judges and Prosecutors in a democratic society”. It noted that it is often quoted in the judiciary field and in the national press.

III.           DRAFTING OF OPINION N°5

5.             The Bureau examined draft Opinion N°5 (Document CCPE-GT(2010)7), prepared by Harald RANGE (Germany) and the Secretariat on the basis of contributions of a drafting Group set up for this purpose and composed of some of the CCPE-GT members.

6.             It agreed to propose to the Working Group to adopt, for Opinion N°5, the same method as used for Opinion N°4, i.e. a short text composed of principles and followed by an explanatory report.

IV.           10th anniversaire OF Recommandation 2000(19)

7.             The Bureau reiterated the importance of celebrating the 10th anniversary of Recommendation Rec(2000)19 so that it most widely possible dissemination within the member States be able to continue .

8.             It also recalled its decision taken during its last meeting, to entrust a scientific expert with the task to conduct an impact study in order to provide an accurate overview of the situation vis-à-vis awareness and application of the Recommendation within member states

9.             The Secretariat indicated that on the CCPE’s website exists a special file specifying all the events concerning prosecutors where the Recommendation is mentioned.

V.            COOPERATION WITH OTHER BODIES OF THE COUNCIL EUROPE

A.         European Committee on legal cooperation (CDCJ)

1.         Draft Recommendation on the role of the prosecutor outside the criminal law field

10.          Following the proposal made to the CDCJ to prepare a draft Recommendation on the role of the prosecutor outside the criminal law field, the Bureau of the CDCJ, during its last meeting (15-17 June 2010), decided to propose to the CDCJ at its next plenary meeting (11-14 October 2010) that a Group od specialists would be in charge, in 2011, of preparing a draft legal instrument on the role of prosecutors outside of the criminal law field, as a follow-up to CCPE’s Opinion N°3 (2008). The Bureau entrusted Mr J. MIGUEL (Portugal) to follow-up this point on behalf of the CCPE.

2.         Draft guidelines of the Council of Europe on Project on child friendly justice

11.          The CDCJ examined the comments received, including those made by the CCPE, and finalised the draft guidelines that will be examined, in view of its adoption, by the CDCJ during its next plenary meeting. The Bureau instructed Mr Harald RANGE to follow-up this point on behalf of the CCPE.

B.                    European Committee on crime problems (CDPC)

12.          Mr Olivier De BAYNAST (France) participated, with the President of the CCJE, in an exchange of views with the CDPC, during its 59th plenary meeting (7-10 June 2010) with the aim to determine the ways to reinforce the co-operation between the CDPC and the two Consultative Councils. The CDPC expressed its interest for a possible co-operation on the theme of the 2011 Opinion on prisons. It also proposed to the CCPE to work in the close future, on forensic.

C.                    Parliamentary Assembly of the Council of Europe

13.          The Bureau took note of the fact that the Secretariat has sent to the Committee of Ministers a document containing the comments of the CCPE on Recommendation 1896(2010) on judicial corruption.

VI.           Other business

14.          The Secretariat informed the Bureau that the CCPE has been invited to participate in the International Summit of the Court of Cassations to be held in Istanbul (Turkey) from 1st to 3rd November 2010 and to the 30th Conference of Ministers of Justice to be held equally in Istanbul from 24 to 26 November 2010 on the theme «Modernising justice in the 3rd millennium ». 

15.          The Bureau agreed to hold an informal meeting during the CCPE’s plenary meeting to be held in Yerevan (Armenia) from 19 to 21 October 2010.


Annexe 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 Secrétariat

            Communication du Président, des membres du Bureau et du Secrétariat

4.            Preparation of the Opinion No.5

            Préparation de l’Avis n°5

5.            Co-opération with the CDCJ / Coopération avec le CDCJ

6.            Other work of the CCPE

            Autres travaux du CCPE

7.                    Any other business / Divers