Handing over the Green paper to the Raad voor de Rechtspraak (Council of the Jurisdiction) at The Hague

A report written by Anne Kappl

In 1987 the Dutch colleagues Marie José van the Meij and Ruud Corveleijn and the present President of the European Union of Rechtspfleger (E.U.R.), Thomas Kappl, met the first time during a meeting of the E.U.R. in Berlin. Fifteen years there was not any contact between the Dutch colleagues and the E.U.R:. The Dutch association had dissolved. It was a great pleasure to meet Marie José van the Meij and Ruud Corveleijn again at the general assembly of the E.U.R. in Munich in September 2008. Ruud Corveleijn managed to get in contact with the chairman of the Council of the Jurisdiction (Raad voor de Rechtspraak), Mr. Erik van den Emster. Also in the Netherlands the discharge of the judges is an important and necessary topic. Van den Emster and Mrs. van Kuijk welcomed Kappl on 19 February 2009 in The Hague.

After the very warm welcome Kappl presented the green paper and gave a report on the successful handing over to the European Commission in Brussels and to the CEPEJ in Strasbourg as well as on the great interest of the European Ministries of Justice, to which the green paper was already handed over. Kappl explained the functions and fields of the European Rechtspfleger including the possibility of a uniform education in Europe, i.e. the Master and Bachelor of Law, as embodied in the green paper.

Van den Emster remarked, that there is no education for Rechtspfleger in the Netherlands up to now. Tasks, which are similar to tasks of Rechtspfleger, are taken on by the secretaries of justice. They are preparing the work for the judges, for example in criminal law, family right and in the administration. However, we are thinking about the own power of decision for the secretaries.

Kappl discussed with van den Emster about the different juridical systems in Europe. About the Roman system, to which the Dutch system belongs, as well as about the Austrian and German model. His desire is, as Kappl said, to create in European co-operation a career profile which has an essentially independent power of decision in the non-contentious jurisdiction beside the judge. The aim is a uniform system for Europe, however, without intervening in the other systems of the jurisdiction.

France intents to support this project according to the statement of the French Minister of Justice, Mrs. Rachida Dati, as well as the Austrian and German Minister of Justice, Mrs. Claudia Bandion-Ortner and Mrs. Brigitte Zypries. Of course the sensitivity of the judges must be considered and overcome. The aim is only to discharge the judge. Van den Emster and Kappl agreed in using the European Rechtspfleger also in administration of the justice. Kappl regarded the remark of Mr. van den Emster, that in the Netherlands most of the secretaries have reached the status of a Master of Law, as a positive step for the considerations for the creation of a European Rechtspfleger.

Common result: We will have the best result, as soon as the Ministers of Justice of the European Union member states have brought the European standardization on its way.

In order to realize the green paper also in the Netherlands, van den Emster assured Kappl to send the green paper to all presidents and directors of the courts for a statement. The handing over of the green paper to Mr. van den Emster followed.

Final remark of the reporter: In the Netherlands, where friends and colleagues met after a long time again and where this discussion was done as successfully as warmly in Dutch and German language, we were welcomed most kindly from the arrival to the departure.

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