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Institut Européen de l’expertise et de l’expert
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2008

General Assembly of 17 June 2008 at the Court of Appeal of VERSAILLES

Report on the General Assembly of 17 June 2008 at the Court of Appeal of VERSAILLES

Moral report


In October 2006, the Administrative Council was mandated to direct and animate the Institute, an "original" association of magistrates, solicitors, experts, and academics. 

The objectives that were set at the time and are still at the heart of the Administrative Council’s concerns :
- Improve the practice of judicial expertise by financing research work and actively participating in the different works and discussions on this issue ;
- Participate in the necessary harmonisation of practices in the European Union.
 
At the time, the following two-year action plan had been approved :
- launch the Institute ;
- publicise the Institute, i.e. through a website, symposiums ;
- finance research works ;
- create a databank ;
- broaden the number of European Union members.

• The website, a communications and publications tool, has been online since this morning.
• The symposium organized in April 2008 at the Court of Cassation and at the Court of Appeal of VERSAILLES was a success.
• Initial research work will be presented to researchers as early as this summer.
• The first EU members are joining the Institute.
• Work on the databank has not been launched yet. It should start this summer.

Further development of the Institute depends on :

- the implementation of an efficient structure ; one or two full-time members in place, premises, an infrastructure.
- a larger team of volunteers supported by the full-time members ;
- regular long-term financing.
Within the projects for the two years to come, the Administrative Council wishes to organize an initial cycle of conferences (for example : five a year, with conferences of 2 to 3 hours in the evening), and a second symposium.
 
The financial balance sheet for 2007 - Not available.
 
Approvals
The moral report was submitted to approval by the Assembly. It was unanimously accepted by the members present and represented. 
The accounts were submitted for approval by the Assembly. They were unanimously accepted by the members present and represented, who granted final discharge to the Administrative Council for the year 2007.
 
Changes in the Statutes
A project to amend the Statutes has been addressed to the Members. The main changes are the following :

• Take act of the wish of the Senior President of the Court of Appeal of PARIS to no longer be part of the Institute.
• Ratify the adhesion of new members.

- The AEXEA - Association of European Experts /Association des Experts Européens Agrées
- The CEACC - Company of Experts Certified by the Court of Cassation / Compagnie des Experts Agrées par la Cour de Cassation.
- The CNB - National Bar Council / Conseil National des Barreaux
- The CNEJ - National Council of Judicial Experts of Belgium / Collège National des Experts Judiciaires de Belgique
- The Senior President of the Court of Appeal of Lyon, the General Prosecutor of the same Court, the Regional Chamber of Solicitors, the Bar of Lyon, the Company of Experts of the same Court, on condition of final approval.
- The Minister of Justice of Rhineland Palatinate.

• Replace, except in the list of the first signatories of the Statutes, that is, including the above-mentioned bodies, the term "founding members" by "institutional members". 
• Enable the Administrative Council to allow representatives of organizations that wish to adhere to the Institute to participate in the Institute’s work pending approval of their adhesion by the General Assembly.
• Increase the number of administrators to 12, including 9 positions for institutional members and 3 for individual members. 
• Renew the Administrative Council by one third every year from 2009. The positions to be renewed will be drawn by lot.
• Elect the administrators representing individual members and renew the first tiers of administrators from 2009. The positions to be renewed will be drawn by lot.

These proposals for the amendment of the Statutes were unanimously accepted by the members present and those represented. 

Internal regulations

There is a proposal to create a set of internal regulations that will define the members’ initial and annual contributions. 

For individual members the annual contribution has been set at 50 €, except for magistrates, teachers, professors, and students, for whom it is set at 20 €.
 
For institutional members, excepting magistrates, universities, and schools, the proposal is to set the annual contribution at 1.000 € and an entrance fee of 5.000 €, which would substitute itself to the contribution on the year of arrival.

Naturally these fees will be adjustable to take into account the number of institutional members.

These proposals have not raised any opposition.

Please note that Philippe JACQUEMIN has been entrusted with the task of studying a change in contributions and entrance fees depending on the number of institutional members. 
 
Expanding the Institute

A procedure has been launched at the Court of Appeal of ANGERS, Senior President, General Prosecutor, Members of the Bar and Company of Experts.
 
Senior President NUEE has approached his counterparts from KASLRUHE and LIEGE.
 
The website - Presentation by Claude DUCAROUGE
 
The symposium of April 2008 - Presentation by Jacques LAUVIN
 
Individual members - Presentation by Robert HAZAN
 
Doctoral theses - Presentation by Jean DONIO
Provided in the annex is the document relating to the research studies proposed by the members of the Institute and put together by Loïc CADIET.
 
We must discuss the doctoral thesis financed by the CEACC.
 
Funding
Provided in the annex is a document on the punctual funding of the symposium by sponsors and/or publicists.
 
Jean-Michel ROMERO has findings on the analysis of this document.
 
The future of the Institute will probably depend on long-lasting, regular income. This is the Administrative Council’s next major stake. 
 
The President of the Administrative Council.
Jean-Raymond LEMAIRE
 
 
Organization of the Institute
For its permanent running, the Institute is managed by the Administrative Council.
An enlarged Workgroup made up of committee directors, institutional member representatives, and other key persons, is in charge of the Institute’s diverse missions.
This Workgroup meets about ten times a year.
 
The various committees
 For the Institute to run correctly, its individual members must be completely associated with its work and its institutional members must appoint representatives and make known the list of works to be carried out by its members - magistrates, lawyers, solicitors, academics, and experts. 
 
The website
The Committee is chaired by Claude DUCAROUGE.
Its objective is to play the role of an editing room.
 
We are now looking for people to head the various website items, and whose mission will be to :

• launch communication throughout the site, and propose partnerships,
• verify the online content,
• constitute teams for each section,
• …
List of website items :
• press review, news,
• expertise in Europe,
• databank, team directed by Gilbert MOUTHON,
• ethics,
• case law
• …
We are also looking for someone to administer the website, jointly with Claude DUCAROUGE and the assistants who put the texts online.

The databank
A team is to be formed. The European Institute wishes to become the European center of reference in matters of documentation on expertise. Gilbert MOUTHON is in charge of this item.

In the short term, this mission consists in :
• carrying out a preliminary study to define the middle and long-term goals ;
• determining the means to be implemented ;
• planning the agreements to be made with publishers ;
• putting together the team that will manage the databank.

A cycle of conferences
The Institute wishes to launch a cycle of conferences based on a general topic divided into several focus areas. 
- We need to define the format of the conferences. For example, 5 meetings every two months, in the evenings, at the Court of Cassation or elsewhere…
- Along with the Scientific Council our next step will be to choose speakers, and to disseminate the texts of the conferences with the Website team.
- Lastly, we need an Organizing team.
 
The development of the Institute
We need to find new institutional members - including magistrates, bars, universities, and expert companies - all over the European Union including France. Currently Jean DONIO and Jean-Raymond LEMAIRE are working on the subject, but the team is insufficient and needs to be reinforced with magistrates, lawyers, and experts.

Developing membership
 Under the aegis of the General Secretariat directed by Robert HAZAN, we must encourage new memberships, amongst institutional members as well as other organizations. It is essential for the team to be multidisciplinary so that all the categories of members may be represented. 
 
Partnerships
The Institute aims to help all the organizations that work in favor of improving expertise.
 
It is thus essential to foster good relations with such organizations and to create punctual or more significant partnerships at symposiums and/or through publications. 
 
A lobbying team
If the Institute wishes to have a say on the harmonization of expertise practices in Europe, it is essential to assemble a lobbying team. 

Funding the Institute
In cooperation with Jean-Michel ROMERO and Jean-Raymond LEMAIRE, we need to further expand the team in charge of seeking long-term financing for the institute as well as punctual funding for research studies, symposiums and conferences, publications …
 
The next symposium
We must set up a team ASAP to prepare the next symposium.
• Topic and themes.
• Date and format.
• Venue and Organizing team, in cooperation with the General Secretariat.

Doctoral theses – The Scientific Council
The Scientific Council has been set up. It will have to be expanded with key players from the European Union.
 
- Chosen topics.
- Proposals to researchers.
- Follow-up.
- Defining a charter.

Institut Européen de l’expertise et de l’expert
Mailing address  : EEEI Jean-Raymond LEMAIRE, 38, rue de Villiers - 92532 Levallois-Perret cedex - France Tel : +33(0)1 41 49 07 60 - Fax : +33(0)1 41 49 02 89