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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
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Page updated on : 18 - 06 - 2017
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CEPEJ

Publication of the EU Justice Scoreboard 2016

The 2016 EU Justice Scoreboard gives a comparative overview of the efficiency, quality and independence of justice systems in the EU Member States. The aim of the Scoreboard is to assist national authorities in their efforts to improve their justice systems, by providing this comparative data.

The Justice Scoreboard also includes the results of Eurobarometer surveys conducted to examine the perception of judicial independence in the EU among citizens and businesses in more detail. This edition of the Scoreboard also uses new indicators, in particular on judicial training, the use of surveys, the availability of legal aid and the existence of quality standards.

Our collaboration with the CEPEJ

Under the “ Quality” Working group of the CEPEJ, where we are observers, we participated in the development "of guidelines about the role of the experts in the judicial systems of the member states of the Council of Europe ". This document should be diffused by the CEPEJ in January, 2015.

The role of the EEEI was essential.

This document was unanimously accepted by all the countries represented during the plenary session of the CEPEJ which took place in Strasbourg on December 11th and 12th, 2014. THE EEEI was represented by Alain Nuée and Jean-Raymond Lemaire.

Please note a classification of the experts proposed by the CEPEJ.

 "So It is necessary to differentiate the various types of experts :

  • The "witness experts", acting mainly within the accusatory systems type (in particular for Common Law countries), and which, at the request of the parties, bring their expertise to support the argumentation of the parties.
  • The " technical experts " who put at the disposal of the court their scientific and technical knowledge on de facto questions (for example, within the context of the forensic medicine, the psychiatry, the criminal sciences, the biology, the architecture, the arts)
  • The "jurists experts " who can be consulted by the judge for specific questions of law or who have for task to support the judge in the preparation of the judicial work (but which do not participate in the judgment) ".

The definition of the technical expert used by the CEPEJ corresponds to the definition proposed by the EEEI during the colloquium in Brussels in March, 2012. Extract of the report of the CEPEJ.

The study defined the judicial expertise as a " measure of instruction entrusted to a technician by a judge or an authority of pursuit or judgment - or with the authorization of this last one - to contribute, by bringing technical or de facto elements, to the jurisdictional solution of a present or future dispute. The judicial expert is the technician (doctor, plumber, architect, laboratory of biology, etc.) appointed by the judge to execute this measure of instruction ". (Extracted from the Paragraph 1 of the recommendations of the Acts of the Colloquium on the judicial expertise, the recommendations. Brussels, in March 16th, 2012).

A regret, guidelines do not apply to the parties experts (witness experts)

THE EEEI also participated to the works of the EVAL Workgroup, which estimates every two years, the efficiency of the judicial systems in the European countries and in some bordering countries.

This Workingroup included in its general questionnaire sent to all the countries, the particular questionnaire for the judicial expertise. In this capacity, the CEPEJ asks the EEEI for its opinion on this questionnaire, our answer that must be sent for the end of January 2015.

The EEEI intervention actions within the work

The EEEI was chosen in early 2014, as an observer member in the Working Group on Quality of Justice (GT-QUAL). This working group has among its objectives to disseminate recommendations on judicial expertise in the Council of Europe.To do this, the working group prepared a questionnaire in 2013, with the assistance of the EEEI, which was sent to all the CEPEJ pilot courts in Europe. The answers were analyzed and compiled. On this basis, the GT-QUAL Group asked a German magistrate of the Court of Appeal of COLOGNE, to propose a draft of recommendations. This document was discussed at a meeting of the Group in September 2014, and EEEI was represented by Alain Nuée.A final text will be finalized at the plenary meeting of the CEPEJ to be held in mid-December in Strasbourg. The EEEI is invited to attend and contribute to the finalization of the text.

The EEEI will inform you as soon as the final text is available.Meanwhile, the working group in charge for evaluating judicial systems submitted its biannual report.

For the first time one of the chapters of the report is devoted to judicial expertise.
This shows that judicial expertise in Europe is beginning to be considered alongside justice systems. This is very encouraging.
For the first time, the EEEI was invited to attend the last meeting of this Working Group (GT-EVAL), on 20th and 21st November 2014, where it was represented by Philippe Jacquemin.

Press review : - Publication of the CEPEJ 2014 edition of the evaluation report on the functioning of European judicial systems

Council of Europe’s 2014 evaluation report on European judicial systems

The CEPEJ (European Commission for the Efficiency of Justice) published on 9 October 2014 his evaluation report on the functioning of European judicial systems.

This report is established every two years and is widely read by the press and all stakeholders.

You will note that the CEPEJ has endorsed the definition of judicial expertise as established during the EEEI’s Brussel’s symposium, which is a great recognition of Institute’s work.

The observation of the situation of expertise in Europe is rather dark, with a surprising lack of data, for example as regards France, which did not answer the survey although the data is readily available.

Full report

The chapter 15 concerns judicial experts (pages 441 to 451). Chapter 16 is about Court interpreters (pages 452 to 461).

Documents

  • THE 2016 EU JUSTICE SCOREBOARD (pdf 2.9 Mb) Download
  • Fact sheet The 2016 EU Justice Scoreboard (pdf 3.7 Mb) Download
  • Report on "European judicial systems – Edition 2014 (2012 data): efficiency and quality of justice" - Extract on judicial experts and Court interpreters. (pdf 1.1 Mb) Download
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