Správa o zasadnutí Európskej asociácie sudcov na Malte

SUMMARY REPORT OF THE MEETING HELD BY

THE EUROPEAN ASSOCIATION OF JUDGES – REGIONAL GROUP OF THE I.A.J. 

Malta – 6th May 2011

The meeting was chaired by Mr. Gerhard Reissner, First Vice President of the I.A.J. and President of the European Association of Judges–Regional Group of the I.A.J.. In attendance were the I.A.J. President Ms. Fatoumata Diakité, the Honorary Presidents Mr. José Maria Bento Company, Mrs. Maja Tratnik and Mr. Günter Woratsch, Vice Presidents Mr. Christophe Régnard and Mr. Virgilijus Valancius, the Deputy Secretary-General Mr. Giacomo Oberto, as well as the following delegates, representing their respective associations, which are members of the International Association of Judges and of the European Association of Judges:

Armenia – Mr. Avetisyan, Mr. Mkrtumyan, Mr. Sargsyan, Mr. Yengibaryan, Mr. Vardazaryan, Mr. Merghryan

Austria – Mr. Reissner

Azerbaijan (ext. m.) – Mr. Jafarov and Mr. Ebuyov

Belgium – Mr. Denecker, Mrs. Lèbe-Dessard and Mr. Van Iseghem

Bulgaria (ext. m.) – Mrs. Koutzkova

Croatia – Mr. Mratovic and Mr. Sessa

Cyprus – Mr. Stavrou

Denmark – Mr. Siöberg and Mr. Thorsboe

Estonia – Mr. Meelis

Finland – Mr. Katajamäki

France – Mr. Régnard, Ms. Duval and Ms. Valton

Germany – Mr. Jünemann

Hungary – Mrs. Halasz

Iceland – Ms. Ejnarsdottir

Israel – Ms. Alshech and Ms. Zfat

Italy – Mr. Aschettino

Latvia – Mr. Silinis

Liechtenstein – Mr. Hagen

Lithuania – Mr. Valancius

Luxembourg – Mr. Everling

Malta – Mr. Caruana-Demajo

Moldova – Mr. Druta, Mr. Radu

Netherlands – Mr. Steenbeek and Mr. Van Zutphen

Norway – Ms. Holm and Thune

Poland – Mr. Piebiak

Portugal – Mr. Igreja Matos and Mr. Latas

Slovakia – Ms. Bystrianska

Slovenia – Mrs. Roblek

Spain – Ms. Frigola Castellon

Sweden – Mr. Adelswärd and Mr. Nyberg and Mr. Sundstorm

Switzerland – Mr. Stadelmann and Mr. Gass

Turkey – Mr. Cil

Ukraine (ext. m.) – Mr. Kormivk and Mr. Prysiazhniuk

United Kingdom – Mr. Mackay

The President of the E.A.J., Mr. Gerhard Reissner, opened the E.A.J. meeting on Friday, May 6th, at 9.30 a.m. by welcoming delegates from all member associations and thanking the Maltese Association of Judges and its President, Justice Joseph Azzopardi, for the perfect organisation of the meeting and for the warm hospitality. After this the President of Maltese Association delivered a welcome speech to all delegates whishing a fruitful and successful meeting. He highlighted the importance of the event and thanked as well Justice Giannino Caruana-Demajo for the organisational work done.

President Reissner then welcomed all delegates in assistance, warmly thanking the I.A.J. President, Honorary President, other Vice Presidents and members of the Secretariat for their attendance. Deputy Secretary-General Oberto then carried out a check on delegations in assistance, informing that following eight Associations were not in attendance in Malta: Bosnia and Herzegovina, Czeckia, Georgia, Greece, Ireland, Romania, Serbia and The Former Yugoslav Republic of Macedonia. After this President Reissner pointed out that a few weeks before the meeting the Secretariat-General had delivered the agenda for the meeting. He asked whether delegations in assistance agreed with the contents of it. No remarks were raised and the President declared the agenda adopted. He then passed to examine the points of it.

1. Approval of the minutes of the E.A.J. meeting in Dakar

President Reissner pointed out that the minutes of the E.A.J. meeting in Dakar had been sent by the Secretariat General to all Member Associations. In a month after delivery of the minutes, no remarks had been sent by the Associations. Therefore, according to the general decision taken in Vienna, Mr. Reissner established the minutes from the meeting in Dakar as approved.

2. Report of the President

President Reissner took the floor to illustrate the written report he had sent to all National Associations prior to the meeting in Malta, summarizing his activities since the last E.A.J. meeting in Dakar. In particular he mentioned the letters which were sent following the decisions taken in Dakar. The letter he sent to the Icelandic authorities on the subject of the reduction of salaries was only answered by a mail of the Icelandic association. The addressed authorities showed no reaction. As far as the resolution on Serbia was concerned, Mr. Reissner pointed out he would inform the Assembly later on. Coming to Bulgaria, Mr. Reissner made a reference to the report prepared by Mr. Gass, which was in the process of being printed and delivered to all participants. He added he had forwarded the resolution on salaries, which was adopted in Dakar, together with the resolution concerning the remuneration of judges in Europe, which was adopted in Cracow in 2009 to the CCEJ, where it was distributed during the meeting of the plenary. The President informed then the Assembly about his participation in some relevant European events, such as the 11th Plenary Meeting of CCEJ, the 30th Congress of the Italian Association of Judges, the Annual Meeting of the Slovak Association of Judges, while I.A.J. Vice President Virgilijus Valancius had represented the E.A.J. at the 16th Plenary Meeting of CEPEJ, and I.A.J. Honorary President Guenter Woratsch together with the EAJ-President had represented the E.A.J. at the 1st Meeting of Judges, Legal Experts and Representatives of NGOs of Vyshegrad countries (Slovakia, Czech Republic, Hungary and Poland).

The President then provided information about the Fact Finding Mission to Sofia by a panel composed by himself, as well as by Mr. Maarten Steenbeek (Netherlands) and Meelis Eerik (Estonia), also making reference to the written report on this subject. President Reissner provided as well information on the co-operation with European organisations and other bodies (Council of Europe, European Union, Vienna Human Rights Agency, and European Network of the Councils for the Judiciary-ENCJ). As far as the European Affairs Commission of the International Union of Notaries was concerned, Mr. Reissner mentioned the participation of Deputy Secretary-General Oberto in the meeting of Tirana, which had set the basis for some new joint initiatives, such as the organisation of a congress on selection and training of Judges and Notaries in Europe.

President Reissner also added that contacts had been established with the Directorate General of Human Rights and Legal Affairs, which is in charge with promoting and training of the rule of law in new Council of Europe member states and in neighbouring countries. There could be some cooperation in the near future. The President of E.A.J. will meet Mr. Artashes Melikyan, the head of this unit in June.

3. Problems concerning the judiciary in several countries

a) Report of the Working Group on the State of Member Associations (Mr. Stephan Gass)

Mr. Gass took the floor explaining the contents of the written report on the activities of the Working Group presided over by him. He first of all pointed out that during the meeting in Dakar, the plenary session of the European Association of Judges had decided among other things to take note that the Associations of Italy, Iceland, Portugal and Spain brought on the table the same problem concerning the reduction of salaries of judges and to transmit the case of Italy to the Working Group on the Status of the E.A.J. member associations, which would be charged to enquire also the other aspects of the new respective draft laws. In the meantime the Working Group was not provided with additional material on these subjects.

Mr. Gass also mentioned the cases that would be discussed in detail further on, country by country.

b) Report on the Fact-Finding Mission to Bulgaria

Mr. Gass stressed that in Dakar the E.A.J. Assembly decided to unanimously approve the proposal by the Working Group to send a mission to Bulgaria. The panel was composed by the E.A.J. President, as well as by Mr. Erik Meelis (Estonia), Mr. Martin Steenbeck (Netherlands). Mr. Fausto Zuccarelli (Italy), who had given his availability, could not take part in the mission.

Mr. Steenbeck took the floor to explain the contents of his written report, which had been delivered to all participants in the meeting of Malta.

The Bulgarian delegate Ms. Kuzkova took the floor, thanking the commission which had visited Bulgaria and the E.A.J. She stressed that the event had been a great success in Bulgaria and it had been most welcomed by all Bulgarian judges. The report, she added, will be published in the Association’s web page. She asked to send the report both to the Council of Europe and to the European Commission. President Reissner then took the floor to communicate his impressions following the meetings in Sofia, as well as to describe the sense of uneasiness by Bulgarian judges who are currently under pressure by the Executive and do not feel protected by the Judicial Council.

Upon proposal of the President the Assembly unanimously approved the report and to send it both to the Council of Europe and to the European Commission.

President Reissner then gave the floor to Honorary President Woratsch, who informed the Assembly that on 4th June 2011 he will represent the E.A.J. in the International Conference of the Regulatory Judicial Authorities of the Balkan Area, due to take place in Sofia. He added he would then report on the event.

c) Situation in Slovakia

Mr. Gass introduced the subject pointing out that at the Bordeaux Meeting the E.A.J.

declared its readiness to give assistance to the Slovak Association when requested. The Assembly of the E.A.J. also approved a letter, to be sent to the President of the Supreme Court manifesting its dissatisfaction with the way the scope and results of the fact-finding mission to Bratislava had been misinterpreted. Hon. President Woratsch would also keep on monitoring the situation in Slovakia. On 3rd March 2011 the President of the European Association of Judges forwarded a letter of the chairman of the Slovak Association of Judges (ZSS), dated 25th February 2011, to the Working Party on the situation of E.A.J. Member Associations.

Mr. Gass therefore referred to the written report of the Working Group, where some remarks were expressed on the current situation of the Slovakian Association, as well as of the Slovakian Judiciary, also on the basis of the results of several visits paid by I.A.J. Honorary President Woratsch to Slovakia. The Working Group had also expressed its views on some relevant amendments of the statute of the Judiciary in the concerned country, showing concern for the need to protect judicial independence in Slovakia. Also the subjects of judicial remuneration and of inappropriate critics of judicial decisions by the Executive power in that country had been dealt with by the report.

Concluding the remarks by the Working Group, Mr. Gass pointed out that the E.A.J., if requested by the Slovak Association of Judges, could elaborate and pass a resolution concerning the new amendments to the statute laws (along the lines of the analysis in chapter 3 of the written report). The European Association could also prepare a short opinion for the Slovak Association and the Judicial Council and possibly present them to the competent parliamentary and governmental authorities. The E.A.J. should as well actively promote the reunification of the Slovak Association of Judges.

President Reissner gave then the floor to the President of Slovak Association. Ms. Bystrianska explained her Association was hoping to have a resolution approved by the Assembly. She orally explained the current situation of judicial independence in her country as well as the situation of competition between the Slovak Association of Judges and the new established group of judges, which is not an association. She provided also information on the Council for the Judiciary, disciplinary proceedings, judicial training, judicial salaries and relations to media.

Honorary President Woratsch took the floor to underline that he shared the viewpoints of Ms. Bystrianska, but the current division of local judiciary did not help the judges’ cause. He had made many efforts to come to a reunification of Slovak judges, to no avail so far. A huge obstacle was also represented by the current President of the Supreme Court and former Minister of Justice, Mr. Harabin.

President Reissner thanked Mr. Gass., Ms. Bystrianska and Mr. Woratsch and added he was sharing worries expressed by Honorary President Woratsch and Ms. Bystrianska. The idea to increase transparency within the whole judicial system was correct, but he also remind on the claims in the previous meetings of EAJ concerning the misuse of disciplinary cases. In any case it is unusual that several cases are pending for such a long time. A large debate followed these remarks. At the end of it the Assembly unanimously decided to charge the working group presided over by Mr. Gass, integrated by Mr. Mackay (United Kingdom) to draft a resolution to be submitted for approval to the assembly either in Malta or in Istanbul.

d) Situation in France

French delegate Ms. Duval took the floor to illustrate the situation of the judiciary in

France as explained in the written report the French Association had distributed before the meeting in Malta. She concluded her report stressing that her organisation was not thinking at present to ask for a recommendation or support by EAJ, but it was still closely monitoring the situation and would report at the next meeting on the developments of it. She then distributed a guide on judges’ rights in France, which had been prepared by the Association in order to inform French colleagues on their legal situation and rights.

Bulgarian delegate took the floor to inform the Assembly that the French case had been attentively observed also in Bulgaria as an example for local judges.

f) Situation in Hungary

President Reissner introduced the subject by underlying that a report had been sent just a few days prior to the meeting in Malta. He gave then the floor to the Hungarian representative. Ms. Halasz explained the contents of the written report, focusing especially on the issue of retirement age. A long discussion took then place, at the end of which the Assembly, upon proposal of the President, unanimously decided to have a letter sent by the President on the issues of competencies of the High Council for the Judiciary and of retirement age.

e) Situation in Italy

The Italian delegate Mr. Aschettino took the floor to inform that there are still and increasingly problems concerning the situation of the judicial system and the magistrates (judges and prosecutors) in Italy. He added the Italian Association will prepare a written report about the main points of the envisaged reforms concerning the judiciary. The document will be prepared and sent before the meeting in Istanbul.

g) Other countries 

Iceland

The Icelandic delegate took the floor, informing the Assembly about the situation in her country. She said judicial salaries had been recently raised, taking into account the amount of new cases, but this increase was meant to be temporary. It will end in 2013 and it was awarded only to some judges, what has caused sharp criticism. She asked for a new letter on this subject. After a discussion the Assembly unanimously approved the proposal of the President to send a letter to Icelandic authorities, remarking that the previous letter did not receive any reply.

After this the Assembly debated the wider and general issue of judicial salaries, which had been either frozen or reduced in many European countries. At the end of the discussion President Reissner pointed out that any Member Association was free to make use of the general resolution on salaries adopted in Dakar.

Serbia

President Reissner referred to the part of his written report concerning Serbia, explaining that E.A.J. drafted in Dakar a second resolution on the re-election process of judges and prosecutors in Serbia, reiterating the resolution of Bordeaux and urging the Serbian authorities to quickly review this re-election. As decided in Dakar, the President of E.A.J. posted the resolution together with the resolution adopted in Bordeaux and with the Declaration of CCJE on this issue to the Serbian (President, Prime Minister, Ombudsman, Minister of Justice, President of High Council, President of Constitutional Court) and European (President of Commission, Vice-president of Commission, Commissioner for Enlargement, CCJE, Venice Commission etc.) authorities.

So far reaction came from the Serbian Ombudsman, the Venice Commission, Commissioner Füle, and Vice-president Reding, the last one only that she and Mr. Barroso had forwarded the request to Commissioner Füle. His reaction as well as the reaction of the others who answered was supportive; President Reissner assured the development will be followed and monitored. The new resolution was also forwarded to CCJE and distributed to the delegates of the plenary meeting of CCJE

4. Discussion on Possible Amendments of the Status of I.A.J.

(Report of the working group on criteria and procedure for application for membership chaired by Christophe Regnard)

President Reissner introduced the discussion explaining that a working group of I.A.J. chaired by I.A.J. Vice President Christophe Regnard elaborated a report with several options for changes. Main questions are the prerequisites for membership and the status of ordinary and extraordinary members. Obviously there are different views between the Regional Groups of I.A.J. The Presidency Committee asked therefore the Regional Groups to discuss the main questions within the Group and inform the Presidency Committee before the end of June. The discussion within the Regional Groups and therefore also the debate during this meeting of EAJ should focus on the questions:

a) Status of ordinary and extraordinary member linked to independence in the country ?

b) Possibility to exclude members ?

c) Introducing a monitoring system concerning independence

d) Different rights of ordinary and extraordinary members

Vice President Régnard took then the floor, summarising the written report drafted by the working group presided over by him. He particularly explained that the first question dealt with by the panel had been the distinction between ordinary and extraordinary membership within the I.A.J., informing that the working group could not reach a conclusion on that topic. He then mentioned the reasons in favour of the abolition of those two categories as well as the reasons which could, on the other end, prompt the I.A.J. to keep such different kinds of membership. Vice President Régnard said he would personally be in favour of the abolition of such distinction, in order to have all Associations in the same position and avoid any situation which could be perceived as a form of discrimination.

The President referred to his letter which was sent to the member associations some weeks ago to prepare the debate in Malta, he also mentioned the written proposal forwarded recently by Belgium and the Netherlands. After that he referred to the results of the First Study Commission concerning the difficulties to judge about the independence of a judiciary in a country by a simple “yes” or “no”, which is exactly what the statute of IAJ requests at the moment. He than asked to limit the discussion to the four main questions mentioned before and to start with the fundamental first question.

After this introduction a long discussion took place, during which the Assembly discussed whether or not to take a stand on the possible creation of a single kind of membership within the I.A.J., without any distinction between ordinary and extraordinary membership. During the debate delegates from France, Poland, Portugal, and Vice President Valancius expressed an opinion in favour of the abolition of the distinction between ordinary and extraordinary membership, whereas delegates from Belgium, Croatia, Germany, Netherlands, Great Britain and Sweden declared themselves against this proposal, stressing the need to keep strict criteria for admission of new members, in order not to harm I.A.J.’s credibility. Some of them supported the proposal forwarded in written by Belgium and Netherlands, aiming at replacing the wording “ordinary” and “extraordinary” by a more “neutral” wording, such as “full” and “temporary” members.

President Reissner then raised the issue whether or not there should be a non-binding vote to find out a tendency of the assembly whether or not to keep two different kinds of membership. A long debate followed this procedural question, during which Honorary President Tratnik took the floor to underline that it would not be expedient to come to a vote on such a thorny issue, which could mark a too deep split among Associations; The President pointed out that during the last I.A.J. meetings Ibero-American and African delegates had already taken a strong stand on that sensitive issue and any polarisation within the I.A.J. could be dangerous. Honorary President Tratnik proposed to postpone any decision after the debates within the two above mentioned Groups.

President Reissner then proposed to see what could be the Assembly’s mind on the other three questions which will keep there relevance if the two different types of membership will be preserved, which special reference to the issue of rights of extraordinary members. Some delegates expressed perplexities on the opportunity to discuss also this peculiar subject in Malta, should the Assembly decide to postpone the debate on the abolition of the distinction between ordinary and extraordinary membership.

After a long debate the Assembly decided to postpone the debate and any possible decision to the meeting in Istanbul.

5. Election of Executive Committee

The President introduced the subject pointing out that, according to E.A.J. statutes, it was up to the President to choose members of an “Executive Committee”. However, he had decided to hear the opinion of the Assembly and asked whether there were candidates for that panel, whose main fields of interest would be helping the President in covering different events of interest for the E.A.J., as well as assisting the President in the day-to-day work, upon request of the President. Mr. Reissner added that currently the Executive Committee was composed, beside the other two European Vice Presidents, by Ms. Viviane Lèbe Dessard (Belgium) and by Mr. Douro Sessa (Croatia).

After this explanation, declared themselves available: Mr. Adelsward (Sweden), Mr. Igregia Matos (Portugal), Mr. Juenemann (Germany), Ms. Lèbe Dessard (Belgium), and Mr. Sessa (Croatia). Mr. Adelsward and Mr. Igregia Matos later withdrew their candidatures. The President then called for a secret ballot vote in order to choose two out of the three remaining candidates and the Assembly appointed Ms. Koutzkova (Bulgaria), Honorary President Tratnik and Mr. Steenbeck (Netherlands) as auditors charged to scrutinize the ballots. 29 ballots were cast. Ms. Lèbe Dessard took 20 votes; Mr. Juenemann 18 votes and Mr. Sessa 18 votes. President Reissner decided to accept all of three above mentioned candidates as members of the Executive Committee together with the other two European I.A.J. Vice Presidents.

6. Composition of Working group on the Situation of Member Associations

Upon proposal of Mr. Gass the Assembly unanimously decided to confirm all current members of the Working Group, which will be also joined by Mr. Mackay (Great Britain).

7. New Working Party “Ways to Brussels”

President Reissner introduced the subject by pointing out that in the past a Working Group named “Ways to Brussels” had been working under the presidency of Mr. Juenemann. Main tasks of the Group were to keep contacts between the E.A.J. and the UE authorities, covering events which could be of interest for our organisation and gathering relevant information in Brussels. He also expressed particular thanks to the Belgian Association, for having assured for many years such precious link.

A long discussion took subsequently place, during which delegates from Belgium, Germany, Sweden and Honorary President Tratnik took the floor. The Belgian delegation stressed their availability to go on with the work done so far. The President asked for the availability of an additional number of Associations. Availability was provided by Associations of Belgium, Denmark, Germany and Netherland. The president proposed that as a first step the panel will have to elaborate working methods. Upon proposal by the President the Assembly unanimously approved the composition of the Working Group as above specified.

8. Activities of E.A.J. towards Council of Europe and European Union

President Reissner referred to his written report on the topics of relations to CCJE and CEPEJ. He had participated in the last meeting of CCJE, where it had been decided that both E.A.J. and MEDEL would be informed about all next initiatives. Next plenary meeting will be in November. A new initiative was started by the Bureau of the CCJE. During the plenary meeting there should be presented report on all requests of support or giving an opinion submitted to the CCJE , with some summarizing comment on the developments in Europe concerning the judiciaries. The European associations of judges will be informed about this initiative to point at this possibility to make problems raised by them wider spread out. As for the CEPEJ, Vice President Valancius had participated in the last general meeting on behalf of the E.A.J.

9. Discussion on future meetings of I.A.J.

President Reissner informed the Assembly that so far no official candidature had been submitted for hosting the I.A.J. 2012 meeting. He therefore had taken up the idea of several delegates to prompt a debate on the question how to persuade National Association to forward such candidatures respectively to look which are the obstacles of the way how this meetings are organized that prevent members to host such an event.. A debate took subsequently place, during which the German delegate Mr. Juenemann expressed the advice that I.A.J. meetings are too expensive and should be more focused on work issues, rather than on social activities. Money could also be spared on lunches and dinners. Some other delegates (Croatia, Great Britain, and Switzerland) proposed to suppress I.A.J. annual meetings and to replace them by a meeting every two years. President Reissner assured he would convey such information during his report within the Presidency Committee in Rome.

10. Budget information

See enclosure No. 1.

Deputy Secretary General Mr. Oberto took the floor to explain the contents of the document on budget, which is joined to this report as an enclosure.

11. Future meetings (Netherlands, Switzerland, Cyprus, others)

Mr. Steinbeck took the floor to inform the assembly that next meeting will take place in Amsterdam from 10 to 13 May 2012 (information provided at the following web site: www.nvvr.org).

2013 meeting will take place in St. Gallen (Switzerland), as already decided by the Assembly.

As for 2014, Mr. Stavros took the floor to confirm the message he had sent to all National Association announcing the availability of his Association to host the E.A.J. meeting in Cyprus, possibly in the city of Limassol. The assembly unanimously approved this proposal and President Reissner, on behalf of the E.A.J., thanked the Cyprus Association.

12.Miscellanous

Resolution on Slovakia postponed:

At the end of the meeting, the President of the above working group, Mr. Gass, informed the Assembly that the panel could not reach an agreement on the proposed resolution. The Group needed yet additional information on the proposed legislative acts. After a discussion, upon proposal of the President, the Assembly unanimously decided that the President will write a letter to Slovak authorities, announcing a possible resolution to be adopted in Istanbul. Meanwhile Slovak colleagues will provide additional documents and information to the Working Group. In the letter the President will express E.A.J.’s general concern, also for possible misuse of disciplinary proceedings; he will stress as well that the E.A.J. is closely monitoring the situation.

Mr. Juenemann (Germany) took the floor to propose to introduce the Russian as E.A.J. working language. Ms. Valton (France) proposed to translate also in Spanish all working documents. President Reissner pointed out the need to take into account the problem of expenses, which, for simultaneous translations and for interpretation of documents are very high.

The meeting was closed at 6.00 p.m.

The President of the E.A.J. The Deputy Secretary General of the I.A.J. Gerhard Reissner Giacomo Oberto

Enclosures:

1. Budget 2010-2011 and expenses from 26 October 2010 to 4 May 2011.

BUDGET 2010-2011

and

EXPENSES FROM 26 OCTOBER 2010 to 4 MAY 2011

(in EURO)

A) Reserves: + 15,564.31

B) Contribution from the I.A.J. for the year 2010-11 : + 3,000.00

C)Totalavailabilityfortheyear2010-11 [A+B]: +18,564.31

D) Travel expenses of the E.A.J. delegation to Bulgaria:  – 1,594.47

E) Total expenses: – 1,594.47

Availability on 4 May 2011 [C-E] total: + 16,969.84