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Consultative Council of European Judges (CCJE)

The rule of law is one of the main values upheld by the Council of Europe and the judiciary is its cornerstone. It was to strengthen the role of judges in Europe that the Committee of Ministers set up the Consultative Council of European Judges.

The Consultative Council of European Judges is an advisory body of the Council of Europe on issues related to the independence, impartiality and competence of judges. It is the first body within an international organisation to be composed exclusively of judges, and in this respect, it is unique in Europe.

By establishing the Consultative Council of European Judges, the Council of Europe highlighted the key role of the judiciary in exploring the concept of democracy and the rules by which it operates.

The CCJE adopts Opinions for the attention of the Committee of Ministers on issues regarding the status of judges and the exercise of their functions.

The CCJE may be requested by member States to look into specific problems concerning the status and/or the situation of judges. It addresses topical issues and, if necessary, visits the countries concerned to discuss the ways of improving the existing situation through developing legislation, institutional framework and/or judicial practice.


News... (20/07/2016)


Following the events that have taken place in Turkey in the recent days, the Bureau of the Consultative Council of European Judges (CCJE) expresses its position on the situation of judges

Statement from the Bureau of the CCJE


Focus on Opinion No. 18 of the CCJE at the roundtable « The dialogue of the judicial authority of Romania with the other state authorities with a purpose of consolidation the rule of law. Realities and Perspectives”

On the occasion of the roundtable “The dialogue of the judicial authority of Romania with the other state authorities with a purpose of consolidation the rule of law. Realities and Perspectives” which was held in Bucharest on 10 June 2016, Ms Aida Popa, member of the CCJE for Romania, presented Opinion No. 18 of the CCJE on the position of the judiciary and its relation with the other powers of state in a modern democracy. The Opinion as well as the contribution of the speakers of the roundtable will be distributed to all jurisdictions, to representatives of the Constitutional Court of Romania, to the members of Parliament and to all representatives of the Ministry of Justice.
More information


The Bureau of the CCJE has published a document commenting on some aspects of the legislation regarding judges and prosecutors in Turkey

Document from the Bureau of the CCJE commenting on some aspects of the legislation regarding judges and prosecutors in Turkey


Two recent judgments of the European Court of Human Rights refer to the work of the CCJE

On 21 June 2016, the European Court of Human Rights pronounced its judgment in the Case No. 55391/13, 57728/13 (v. Portugal), concerning the disciplinary issues of three judges. The Court refers in particular to the European Charter on the Status of judges, and to the Magna Carta of judges, which regards the composition of the Council of Judges. On 23 June, the Court pronounced its judgment in the Cases No. 74041/13 and N° 20261/12 (v. Hungary) concerning an early termination of duties procedure of the President of a Supreme Court. This was based in particular on the CCJE Opinion No. 3, regarding “the principles and rules governing judges’ professional conduct, in particular ethics, incompatible behaviour and impartiality”, as well as on the Magna Carta of Judges.
Links to the ECHR judgments concerning the status and the function of judges.
- Case RAMOS NUNES DE CARVALHO E SÁ v. PORTUGAL of 21 June 2016 [in French] (Applications nos 55391/13, 57728/13 et 74041/13)
- Case BAKA v. HUNGARY of 23 June 2016 (Application no. 20261/12)


Warsaw Declaration on the future of justice in Europe

The President of the CCJE, Mr Nils Engstad, attended the General Assembly of the European Network of Councils for the Judiciary (ENCJ) in Warsaw (Poland), from 1 to 3 June 2016. During this meeting, the ENCJ, which is an observer to the CCJE, adopted the Warsaw declaration on the future of justice in Europe.
Warsaw Declaration on the future of justice in Europe


Meeting of the CCJE Working group

The meeting of the CCJE Working group entrusted with the preparation of Opinion No. 19 on the role of Court Presidents took place in Madrid at the headquarters of the General Council of the Judiciary of Spain, from 15 to 17 June 2016. The group examined the draft Opinion which has been drawn up on the basis of the replies to the questionnaire previously sent to member States. The meeting of the Bureau took place before the working group meeting on 15 June. The Opinion should be adopted at the 17th plenary meeting, from 8 to 10 November 2016.

Agenda of the Bureau meeting
Agenda of the working group meeting

Social programme


Report from the CCJE and the CCPE on the main challenges for judicial impartiality and independence in Council of Europe member States

The Bureaus of the Consultative Council of European Judges (CCJE) and the Consultative Council of European Prosecutors (CCPE) have jointly submitted to the Secretary General of the Council of Europe a report on the “Challenges for judicial independence and impartiality in the member states of the Council of Europe”. This report follows the Secretary General’s 2015 report: ”State of Democracy, Human Rights and the Rule of Law in Europe – a shared responsibility for democratic security in Europe“, where the CCJE and CCPE were requested to “urgently draft a comprehensive review of the main challenges for judicial impartiality and independence in member states”. This report is published together with a document compiling the comments on this report, forwarded to the Secretariat by the member states of the Council of Europe.
Report from the CCJE and the CCPE on the main challenges for judicial impartiality and independence in Council of Europe member States

Comments from the member States on the report


Jean-Claude Wiwinius, incoming President of the High Court of Luxembourg and President of the Constitutional Court

Mr Jean-Claude Wiwinius, member of the CCJE in respect of Luxembourg and member of the CCJE’s Bureau, has recently been elected by his peers as President of the High Court of Luxembourg, and will then become at the same time President of the Constitutional Court. He should take his duties in August 2016.


Translation of the opinions of the CCJE into Ukrainian

All CCJE Opinions have been translated into Ukrainian in the framework of the project "Support to the implementation of the judicial reform in Ukraine."
Consolidated version of all of CCJE opinions in Ukrainian


Roundtable in “the former Yugoslav Republic of Macedonia” on domestic experience and the CCJE’s Opinion No.17 on the evaluation of judges’ work, the quality of justice and respect for judicial independence

On 16 February 2016, a roundtable was held at the Academy for judges and public prosecutors, organised by the Judicial Council of “the former Yugoslav Republic of Macedonia” and the Academy. The roundtable was dedicated to domestic experience aimed at implementing the CCJE’s Opinion N° 17 on the evaluation of judges’ work, quality of justice and respect for judicial independence, and international practices for evaluation of the work of judges and presidents of the courts. The roundtable was attended by the presidents of courts from all instances in the country, members of the Judicial Council and judges.
Summary


Publication in Croatia of a collection of texts on “The position of the judiciary and its relation with the other powers of state in a modern democracy”

The Association of Croatian Judges and the Croatian Judicial Academy have jointly prepared a publication setting the context of Opinion No. 18 of the CCJE on “the position of the judiciary and its relation with the other powers of state in a modern democracy”, and the “Brioni Declaration”, common declaration of the Presidents of Supreme courts of Central and Eastern Europe. This publication has been distributed to each member of the Croatian Parliament and the Government. The publication is available in Croatian and in English.
Publication


Interview of the new President of the CCJE

Mr Niels Engstad (Norway) has been elected new President of the CCJE as from 1st January 2016. Mr Engstad has accepted to reply to some questions in order to present the priorities of the CCJE for 2016 and 2017.


Interview

 


Nils Engstad (Norway), new President of the CCJE

The Consultative Council of European Judges, which met on 14-16 October in London in the framework of the 800th anniversary of the Magna Carta, elected its new Bureau:
Mr Nils Engstad (Norway), President
Mr Duro Sessa (Croatia), Vice-President
Ms Nina Betetto (Slovenia), member
Mr Jean-Claude Wiwinius (Luxembourg), member.


800th anniversary of the Magna Carta and 16th plenary meeting of the CCJE

In the context of the celebrations of the 800th anniversary of the Magna Carta, the judicial authorities of the United Kingdom have invited the CCJE to hold its 16th plenary meeting in London, from 14 to 16 October 2015. During the meeting, the CCJE members adopted the Opinion No. 18 on “The position of the judiciary and its relations with other powers of the state in a modern democracy”. The report on the “Situation of the judiciary and of judges in the Member States of the Council of Europe” has also been updated. Furthermore, the CCJE had a joint meeting with the Consultative Council of European Prosecutors (CCPE) of the Task force commissioned by the two bodies to draw up a list of the main challenges for the impartiality and the independence of the judicial system in the Member States, in accordance with the mission which has been entrusted to them by the Secretary General of the Council of Europe in his report on the “State of Democracy, Human Rights and the Rule of Law in Europe”.
Report of the plenary meeting

Opinion n°18 (2015) on the position of the judiciary and its relation with the other powers of state in a modern democracy

CCJE Situation report on the judiciary and judges in the Council of Europe member States
Updated version n° 2 (2015) adopted during the 16th plenary meeting of the CCJE (London, 14-16 October 2015)
with its Annex

Brief report on the external activities of the CCJE – participation in various fora, conferences, seminars, workshops and projects, as well as responses to requests for assistance for the period of November 2014 – October 2015

Speech by Lord Neuberger, President of the Supreme Court of the United Kingdom


 

 
 
 
 
 
 

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2016-2017 Terms of reference

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The press


Other events


Day for judges of the "Association suisse des magistrats de l'ordre judiciaire"
18 November 2016
Luzern (Switzerland)
Opening of the Legal Year, Judiciary in England and Wales
3 October 2016,
London (United Kingdom)
Roundtable “The dialogue of the judicial authority of Romania with the other state authorities with a purpose of consolidation the rule of law. Realities and Perspectives”  Bucharest (Romania)
10 June 2016
General Congress of the U.A.E. "the challenges confronting European lawyers in the XXIst century
Alba Iulia (Romania), 24-26 June 2016
General Assembly of the ENCJ
Warsaw (Poland)
1 to 3 June 2016

The conferences


Conference on the dialog between judges, lawyers ad prosecutors with regard to Opinions No. 12 and 16 of the CCJE as well as on ethical and deontological issues
23 September 2015

Bucharest (Romania)

 

 



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