EUROPEAN EXPERT

  Newsletter #22 November 2015
English version
 
 
 

Harmonization of civil judicial procedures in European Union

Mrs Isabelle PERIGNON, member of the cabinet of Mrs Véra JOUROVÁ, European Union's Commissioner for Justice, Consumers and Gender Equality, informed Jean-Raymond LEMAIRE, president of our Institut that the harmonization of civil judicial procedures is a major issue of the legislature. Expert practice is obviously involved in this harmonization.
We will certainly come back to this subject.

 

 

   
Véra Jourová
 
 
 

Speech of the representative of the European commission concerning the list of experts during the plenary conference about the EGLE project

Mrs Maria CANAL-FONTCUBERTA, member of the Head Office in charge of  Justice and Consumers within the European commission was present at the plenary conference of our institute, in Rome, about the EGLE project (European Guide for Legal Expertise). She expressed herself in these terms :

« Congratulations for the quality of the works you lead, « bravo !» we are happy to see the use which is made of the funds which help to cofinance this project.
I would like to make a small remark and to be made the echo of the comments which were made by the representative of the CEPEJ because we seem to be speaking about a list of compulsory registration for the production of services in the EU, it would be important when you will have defined the criteria which you wish to apply to be sure that they are in full conformity with the rules of free establishment and freedom of service offers in the EU.
There are certain criteria mentioned today which seem to raise doubts. I make a reference in particular, for example, at the idea of a numerus clausus or at the idea of conditioning the registration in the list to the existence of a demand  of the market.
I have already spoken with some of you by suggesting, that when you will have a project to be submitted, to establish an informal contact with the colleagues who take care of the free production of service, for all the services, all the jobs, including the legal.
It is not rare that at the Commission we have two different departments which handle two aspects of the same question such as the judicial expertise or the other subjects. A meeting could be organized with the colleagues of the Head Office of the Justice and the internal market to see together how arriving at a purpose which is conform with the treaty. »

 

 

   
Maria Canal-Fontcuberta
 
 
 

EEEI explains the object of experts lists to the GROWTH Head Office (European Commission)

Following madam Maria CANAL-FONTCUBERTA's intervention during the plenary conference in Rome on the project EGLE, Jean-Raymond LEMAIRE, president of the EEEI, spoke by the telephone to Madam Atanaska KOLEVA, member of the HEAD OFFICE GROWTH (Head office of the internal market, the industry, the entrepreneurship and the SME), at the request of the latter. Indeed, the EEEI has to respect, in its recommendations, the free exercise of the experts in their activities in the European Union.
The European Commission is wary of proposals of lists which restrict the freedom of exercise of the experts.

Jean-Raymond LEMAIRE presented the EEEI and explained that experts' lists have for object to verify the skills, the experience, the independence and not something else.

Madam KOLEVA asked to communicate to her the detailed results of EUREXPERTISE because she has no overview of the procedures in the EU.

 

   
Atanaska Koleva
 
 
 

Statistics on the experts and the expertises in the European Union

Jean-Raymond LEMAIRE, president of the EEEI, met Mister Emmanuel CRABIT, head of the General policy unit of the justice and the judicial systems within the Direction Justice and consumers of the European Commission, on June 17th, 2015. After an exchange on the activities of each, Mister CRABIT asked Mister Jean-Raymond LEMAIRE if the EEEI could work on statistics about the experts and expertises in the European Union. The President of the EEEI answered that the Institute could test the feasibility of these statistics on a sample and communicate him results before the end of October, 2015.

Quote from the dialogue written by Jean-Raymond LEMAIRE on June 18th, 2015 :

Mister CRABIT presented his activity and the centers of interest of the HEAD OFFICE Justice. For the record his unit is responsible for the dashboard of the European justice, Justice scoreboard. The vineyard 2015 has just gone out and it is available on the site of the HEAD OFFICE Justice (click here to consult it).
http://www.eeei-newsletter.eu/22/justice_scoreboard_2015_en.pdf

The HEAD OFFICE justice is interested in the functioning of the European judicial systems.
This half-year is dedicated to the promotion of the structural reforms in the Justice.
Three axes:
1. Comparative Vision: dashboard.
2. Specific Evaluation: twelve states.
3. Structural funds to improve the efficiency and the effectiveness of the Justice.
Translation of effectiveness: independence, quality and efficiency.

On this matter, we approached the need for certain countries to set up effective systems, including for the expertise (Slovakia, Bulgaria ...).

I explained that the conjunction of a reference table and skills (magistrates, lawyers, experts, academics) grouped in team with various experiences can turn out interesting to assist certain countries. This point seems to have passed well.

I explained the importance of the training of the experts associated with the evaluation of the competence. The message was received.

 

   
Emmanuel Crabit
 
 
 

Favorable opinion of the Direction Justice of the European Commission about experts' lists

Jean-Raymond LEMAIRE, president of the EEEI, spoke to Mister Fernando PAULINO PEREIRA, head of the civil judicial Cooperation unit and e-justice, during a conference call on July 24th, 2015.
For Mister PAULINO PEREIRA experts' lists are essential, as those who already exist for lawyers, solicitors and soon bailiffs.
To follow ...

Mister PEREIRA has invited EEEI to come to present his works and to speak about the guide of best practice, during their meeting of 23/09/2015; after this meeting, it will be deliberated to know if our works will be put on the E-JUSTICE gate. For him nothing opposes there.

Mister Fernando PAULINO PEREIRA sent the following letter (translation) to Mister Jean-Raymond LEMAIRE, on September 7th, 2015:

« Mister President

The creation of an European directory of the judicial experts of member states is one of projects included in the multiannual plan concerning the on-line justice 2014-2018. The action plan also plans the establishment of a group of experts of member states in association with the European Commission to examine the possibility of integration of this type of feature in the e-justice gate. Besides, it would be interesting for the group to know the state of progress of the works of the guide of best practice for the civil judicial expertise in the European Union.

It is in this context that I have the honor to invite you in the next meeting of the e-justice workgroup of the council of the European Union which will be held on September 23rd, 2015 in Brussels, to make a presentation of the last developments in this domain and participate in a discussion about the follow-up of this question. The agenda of the meeting will be sent to you very soon.

Please accept, Mister President, the expression of my most distinguished feelings.

Fernando Paulino PEREIRA »

 


 

   
Fernando Paulino PEREIRA
 
 
 

The EEEI announces its proposals at the JURI Committee of the European Parliament

During the meeting of June 17th, 2015 the committee JURI (legal affairs) of the European Parliament, Jean-Raymond LEMAIRE, president of the EEEI, Alain NUEE, the First President honorary of the Court of Appeal of Versailles and Béatrice DESHAYES, lawyer and general secretary of the EEEI presented the axes of reflection and consensus of the Institute.

Among these, Alain NUEE mentioned:
- The creation of experts' public lists
- The status of the expert: rights and duties, independence, impartiality
- The strengthening of the role of the judge
- The creation of a procedure of unique European expertise.

See the video of the meeting
http://www.europarl.europa.eu/news/en/news-room/content/20150611IPR65718/html/Policy-Department-Citizens'-Rights-and-Constitutional-Affairs-JURI-committee

---> Read the complete report (Link to the website)
http://www.eeei-newsletter.eu/22/Comite-juri-17-06-2015-ENG.html

 

   
Alain Nuée
 
 
 
Béatrice Deshayes
 
 
 
Jean-Raymond Lemaire
 
 
 

EEEI - Institut Européen de l'Expertise et de l'Expert
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