European Rechtspfleger in the EU

Recommendation of the European Commission required for Europe

Report by Annelie Kappl

Invited by the General Direction of Justice of the European Commission in Brussels the President of the European Union of Rechtspfleger (E.U.R.) Thomas Kappl and also Jean-Jacques Kuster, France, Geert van Nuffel, Vice-president of the E.U.R. for Belgium, Dumitru Fornea, Vice-president of the E.U.R. for Romania, Serge Dobbelaere, Chairman of the Belgian member association C.E.N.E.G.E.R. were discussing about justice in Europe with the representatives of the Commission, Miss Amélie Leclercq and Miss Emmanuelle Cretin-Magand. The meeting lasted three hours.

Mr. Kappl pointed out, that the European Rechtspfleger, how it is fixed in the Green Paper, has to be introduced in the judicial systems of the European countries because of the economic and financial crisis, in order to make it possible to discharge the judges. Only this could reduce the big working pressure in national and European proceedings for payment orders, foreclosure proceedings, enforcement proceedings, insolvency proceedings and in the land register and commercial register. This also has been said in the final report of the meeting of the Justice Forum of the European Commission on the topic "The Economic Crisis: What can be done in the field of justice?” of 16 October 2009.

Therefore Mr. Kappl asked the European Commission representatives, to recommend the European Rechtspfleger according to the Green Paper of the .EU.R. in the states of the European Union as a measure to relieve the courts in Europe because of the increase of procedures which is caused by the economic and financial crisis. This would be also in the sense of the final report of the Justice Forum of the European Commission.

The representative of the General Direction of Justice, Mrs. Cretin-Magand, refused to accept this proposal of the E.U.R., without opening a discussion. Other legal professions have to be considered, such as notaries.

It would be desirable from the European Commission to realize that the E.U.R. is an important element of European Justice Policies in all the Ministries of Justice of the European countries. It would be also desirable that an official of the General Direction of Justice, in whose responsibility the legal education in Europe falls, should recognize a new developed opportunity in the judicial system and allows the discussion about this matter. Finally, at the beginning of all developments should be a discussion about new job descriptions. The interview with Mrs. Cretin-Magand passed the topic of creating a single legal space in Europe completely, because she gave the impression not being sufficiently prepared on this topic of discussion. Otherwise she would have known that notaries and greffier, secretario judicial, cancelliere and Rechtspfleger have always been independent careers and do not compete with each other.

In recent years the European Union of Rechtspfleger has recommended the Ministries of Justice of the European states, the measure of the introduction of the European Rechtspfleger and will continue doing it successfully in the future.

In the further course of the conversation Mr. Tomasz Debski, European Commission, presented the e-justice portal, Mr. Jacek Garstka the European payment order, the small claims procedure and practices on the European Enforcement Order, and Mr. Pascal Schonard the new perspectives for European criminal procedure.

Finally, the representatives of the European Union of Rechtspfleger determined that the European Commission should be made clear on a higher level once again that the European Rechtspfleger should be introduced in the European judicial systems for implementing the common European area of Justice and to create an efficient and citizen-based justice.

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