The dysfunctions of the jurisdictions: how to recognize them? how to repair them?

Strasburg November 30th 2004

On the initiative of the European Committee for the Justice (CEPEJ) a session of job has been devoted on November 30th 2004 to this theme, in the Europe building of Strasburg. The CEPEJ, constituted on recommendation of the Council of the Ministers in 2002, has for purpose to contribute to improve the effectiveness and the working of the justice in the 46 states of the Council of Europe.

The E.U.R. has gotten the statute of observer of the Council of Europe as non-government international organization. It has entrusted Hubert Vanmaldeghem to follow the jobs in the name of the European court clerks.

For this session of job, the CEPEJ brings a contribution of quality on a conclusive concrete problem for the effectiveness of the justice. The opinion exchange could also individualize a new field of action for the Committee.

Preliminarily a questionnaire had been transmitted for preparing a debate directed toward the examination of the mechanisms of the state-member to individualize the dysfunctions of one of their jurisdictions.

The debate has mainly concentrated on two exposures. The first one developed the French experience and it was introduced by Christian Raysseguier, General Inspector of the judicial Services, Office of the Justice. In the afternoon, Xavier Of Riemaecker, Adviser to the Court of Cassation and Superior President of the Council for the Justice, comment in detailed way the purpose and the operation of the Belgian organ of control. In his assignment was supported by the Mr. Vervaecke, member, external, of the CSJ. The reactions have allowed to deduce that the Belgian institution is a precursor that can use model for numerous states European members. We notice, however, that the structure of the session prevented to linger on the possible perfectibility of the Belgian model.

It is amazing to observe that the representatives of the young democracies of Central or east Europe interest them less for a good operation of the justice. Nobody interested him to inquire himself on the useful systems to perceive the good working of the justice. Their greater worry is to have suitable means and precise directives. Others tend towards a modern management, for the guarantee of the independence of the magistracy, for the transparency in the management, etc.

All the relationships and the interventions have been concluded from a general reflection. We will observe with curiosity the future initiatives of the Council of Europe.

Hubert Vanmaldeghem