European Committee on Legal Co-operation (CDCJ)
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Background
Since its establishment
in 1963, the European Committee on Legal Co-operation (CDCJ) is a
standard-setting body, with a wide scope of competence in the field
of public and private law.
The CDCJ, as a steering
committee:
- reports directly to the Committee of
Ministers;
- makes proposals of texts to the
Committee of Ministers for their adoption ;
- makes proposals concerning the
overall priorities in its fields of competence, future work and
draft terms of reference.
With a view to achieving its mission,
the CDCJ is assisted by its Bureau, consisting of seven CDCJ members
who are responsible for handling its business between plenary
meetings. The CDCJ meets in plenary session once a year, whilst its
Bureau meets two or three times a year.
The governments of member states may designate one or more
representatives who will, as members of the CDCJ, carry out the work
of the Committee and co-ordinate at national level, all relevant
elements of government policy. Such members are entitled to vote on
matters arising within the CDCJ. Furthermore, the Parliamentary
Assembly of the Council of Europe and the European Union may send
representatives. Representatives from non-member states of the
Council of Europe or from intergovernmental or non-governmental
international organisations may be admitted to the CDCJ as
observers. Observers do not have the right to vote but they may, on
subjects under discussion and with the permission of the Chair of
the Committee, make oral or written statements that may be put to
vote, if put forward by a committee member.
As the CDCJ meets only once a year in
plenary session, it may deal with a wide range of matters during its
annual meeting. This consequently requires prior detailed
preparation by the Bureau. The Bureau can make proposals to the CDCJ
on matters such as how a draft text could be dealt with at the
plenary meeting. Such proposals can, among other things, be based on
written consultation with CDCJ delegations and, where appropriate,
include suggestions for amendments to the draft text. The Bureau can
also advise which questions it considers of sufficient importance to
warrant discussion in the plenary meeting and, consequently, be
placed on the agenda, or which questions should be adopted without
debate.
Achievements
The CDCJ is,
since 1963, responsible for the standard-setting activities of the
Council of Europe in the field of public and private law. The
achievements of the CDCJ are to be found, in particular, in the
large number of binding or non-binding international legal
instruments it has prepared for the Committee of Ministers (mainly
treaties and recommendations).
The work of the CDCJ includes:
- the planning, supervision and organisation of the work, colloquies
and conferences;
- the preparation and adoption of draft conventions, agreements,
protocols or recommendations;
- the evaluation of these standard-setting activities;
- the adoption, for the Committee of Ministers, of opinions on legal
matters coming within its competence;
- the adoption, for the Committee of Ministers, of proposals for the
programme of activities of the CDCJ;
- the promotion and the facilitation of the functioning and
implementation of the international instruments coming within its
field of competence;
- the promotion and the facilitation of co-operation and
understanding between member states;
- the preparation, in co-operation with the European Committee on
Crime Problems (CDPC) and the Steering Committee for Human Rights (CDDH),
of Council of Europe Conferences of Ministers of Justice, and, as
appropriate, the follow-up of any decision taken by the Committee of
Ministers subsequent to Conferences;
- the contribution to standard-setting work in respect of the
protection of personal data and the right to private life, in close
association with other relevant Council of Europe bodies.
Future
activities
In the framework of its
terms of reference for 2012-2013 and in line with the decisions it
has taken at its plenary meeting in October 2011, the CDCJ will be
in charge of carrying out the following work:
- family law and children’s rights: drawing up an instrument on
standards of dispute resolution in the exercise of parental
responsibilities, in particular concerning decisions on the
relocation of children;
- nationality: undertake a feasibility
study in the field of nationality law and families, including the
promotion of acquisition of citizenship; identify lacunae in matters
of nationality law (with reference to the conclusions of the 4th
Council of Europe Conference on Nationality (Strasbourg, 17 December 2010);
- administrative law:
finalise the revised version of the handbook “The administration and
you”; undertake a feasibility study for a possible legal instrument
on problems encountered in the service/enforcement of administrative
law decisions/documents abroad;
- justice and rule of law:
finalise the text of the draft Recommendation on the role of public
prosecutors outside the criminal justice system; undertake
feasibility studies on possible legal instruments in the following
three areas: 1) the protection of public and private sector
employees who make disclosures in the public interest (“whistleblowers”);
2) the privatisation and its impact on public and private law; 3)
the challenges to the rule of law, with particular reference to the
fields of civil and administrative law;
- data protection: contribute to
standard-setting work in respect of the protection of personal data
and the right to private life;
- updating existing standards: make,
where appropriate and on the basis of the technical guidelines of
the European Commission for the Efficiency of Justice (CEPEJ) of the
Council of Europe, the necessary revisions to the recommendations
indicated in Resolution No. 1 on a modern, transparent and efficient
justice of the 30th Conference of Ministers of Justice and also on
Recommendation No. R (86) 12 concerning measures to prevent and
reduce the excessive workload in the courts;
- 30th Council of Europe Conference of
Ministers of Justice (Istanbul, 24-26 November 2010): ensure follow-up
to be given to Resolution No. 1 on a modern, transparent and
efficient justice;
- 31st Council of Europe Conference of
Ministers of Justice (Vienna, 19-21 September 2012): contribute to
the preparation of the Conference.
In the field of
implementation and monitoring of standards, particular attention
will be paid to the promotion of the adopted instruments.