EUROPEAN EXPERT

Newsletter #27 - November 2016
English version

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Summary

By Robert Paillot, Vice President EEEI in charge of communication

In this issue you will first find an article presenting in detail our new project on "Judicial expertise in criminal proceedings in Europe". Jennifer Boirot presents the main objectives of this project, similar to the one we had done on civil procedure in 2014, gives us the proposed methodology, the list of first responders, under the joint leadership of Nienke Mulder, Senior Policy Advisor Netherlands Register of Court Expert - NRGD (Netherlands) and Jennifer Boirot, and a provisional timetable leading up to the beginning of 2019. Finally, she sets out the expected results. The full article is available by clicking on the excerpt below (Read).

On the occasion of the publication of our book "Good practice in civil judicial expertise in the European Union", published in partnership with Larcier Editions, our Institute organized a reception in the European Parliament to present this book. Recall that the European Commission co-financed the consensus conference that led to this book. Béatrice Deshayes and Philippe Jacquemin, who have directed the publication, do its presentation (Read).

Finally Robert Ranquet reports that DG Competition (DG COM) of the European Commission has no objection to our draft European directory (Eudex) (Read).

The European Commission has published “The 2016 EU Justice Scoreboard”. You can consult it by clicking on the following links :

French : http://ec.europa.eu/justice/effective-justice/files/justice_scoreboard_2016_fr.pdf
English : http://ec.europa.eu/justice/effective-justice/files/justice_scoreboard_2016_en.pdf
Other languages, use this page to choose your language : http://europa.eu/rapid/press-release_IP-16-1286_fr.htm

We take advantage of this letter to inform you that our Institute will hold its next General Assembly in London in May 2017. All members of the Institute are invited to participate.
Other readers will of course be welcome to attend the meetings to be held on the sidelines of this meeting.

Good reading




Robert Paillot

 

 

 

 

 

 

 
 
 


Judicial expertise in criminal proceedings in Europe
Preliminary proposal

By Jennifer Boirot, executive committee member of EEEI,

I. PROJECT : MAIN OBJECTIVES


This project sets a dual purpose: to realize a sociography of the European experts involved in criminal proceedings (throw each stage of the judicial process, from preliminary investigation up to trial), and improve knowledge on judicial practices in this area, in each Members States in the European Union.

The aim of this project is to realize something similar to what the EEEI have already done concerning civil proceedings: inventory of proceedings and status of the experts; synthesis about similarities and differences in the status of experts and existing procedures; proposals for consensus; workshops and public debate (European symposium), and, in a close future, a Guide of good practices in criminal matters.

Obviously, things should be a little more complex due to the different rules of criminal justice system in each country in Europe (inquisitorial/accusatorial proceeding) and because of the disparities in “institutional” organization of this activity (from “individual” partners providing forensic examination as a complementary activity to “public” employees for whom this is full-time work; lists of experts or not; accreditation, training and selection…).

We need to know more about who are those experts as well as on the existing national rules: legal status and structure of expertise orient the way in which experts, judges and the parties interact during the judicial process, from investigation up to trial, from assignment to the task up to use of the forensic report (Read).       

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Jennifer Boirot

 

 

 

 

 

 
 
 


The book "Good practice in civil judicial expertise in the European Union" presented to the European Parliament


By Béatrice Deshayes and Philippe Jacquemin

On October 12, 2016, the book “Good practice in civil judicial expertise in the European Union” was presented in the European Parliament in Brussels, in the presence of the Chairman of the Legal Affairs Committee (JURI) Pavel Svoboda and the Member of European Parliament Nathalie Griesbeck.
This bilingual book, co-edited by Béatrice Deshayes et Philippe Jacquemin, presents and comments the Guide drawn up from 2013 to 2015 as a result of the EGLE plenary conference co-financed by the European Commission.
Each of the chapters of the guide is accompanied by reflections and analyzes written by well- known authors from the world of expertise, justice and universities.
In annex, a proposal of a code of ethics for European Judicial Experts, drawn-up by Mr Alain Nuée on the basis of the works of the plenary conference and of the jury, lists the obligations which should be imposed to every expert called upon to give his opinion in Court in Europe, whatever his method of appointment.
The book, with a foreword of Giorgio Santacroce and the conclusion of François Paychère gives an overview of the recommendations of the EGLE project.
The comments and analyzes that complete those recommendations open up the reflection on the modalities for gradually improvement of a “European expertise”. Finally, this book contributes to increase mutual trust between judicial systems in Europe and to improve the quality of justice.

You can order it online by clicking on the following links :
French : http://www.experts-institute.eu/-Publication-du-livre-les-bonnes-.html
English : http://gb.experts-institute.eu/-Publication-of-the-book-Good-.html


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EUDEX bis


By Robert Ranquet, Advisor to the Président EEEI

When meeting different EU services in Brussels on October 12th, we had confirmation by DG COMP that, contrary to what we had understood from their initial reaction, our current approach, based on national experts lists and specialties nomenclatures, was no “a priory” problem from the competition regulations point of view. The fact that the juge has a total freedom when choosing an expert, inside or outside existing lists, is fundamental. We were given the advice to avoid carefully any language that would seem too prescriptive when drafting our recommendations.

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Robert Ranquet

 

 

 

 

 

 

 
 
 
 

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