Introduction by Ms Maud de Boer-BuquicchioDeputy Secretary General of the Council of Europe

Presentation of the new Report on evaluation of European Judicial Systems of the CEPEJ prepared by the European Commission for the
Efficiency of Justice (CEPEJ)

25 October 2010, 2.20 p.m.

Let me start by quoting George Washington who, in the 18^th century, said that “the administration of justice is the firmest pillar of Government”. Today, in 2010, this has not changed: an efficient and quality administration of justice is vital to the rule of law, to human rights and to democracy, three core values of the Council of Europe.

This is the reason why the CEPEJ was created in 2002 and plays such an important role in the Council of Europe.

Chaired by Mr Fausto de Santis, the CEPEJ is today a unique body for all European States. Composed of qualified experts from the 47 Council of Europe member States, it not only assesses the efficiency and quality of judicial systems but it also proposes practical tools for member States. These will help member States to provide their citizens with an increasingly efficient judicial service.

Let me now say a few words about this year’s report.

It has been prepared thanks to the in-depth work carried out in particular by the CEPEJ's Working Group chaired by Mr Jean-Paul Jean, Prosecutor at the Court of Appeal of Paris, who is present with us here today, and a team of experts from various member States. I should like to thank them all.

All member States have provided an impressive amount of data and have appointed national correspondents to co-ordinate the replies from different national entities.

We now have detailed, concrete and unique information on the way judicial systems are functioning in our member States.

This will help to address specific issues regarding the operation of judicial systems and to offer all our member States pragmatic solutions to improve their judicial organisation.

I have noted with interest the following trends in this year’s report:

- several member States which did not have legal aid systems a few years ago are now strongly involved in developing such systems, including legal aid for an alternative to a judicial hearing - this is a very positive development as it facilitates access to justice for all;
- in a number of member States, the position of children and juvenile offenders in judicial proceedings has been the focus of particular attention: special hearing facilities or special procedural rights have been introduced for them - I am confident that this specific protection in judicial proceedings will be applied to these vulnerable persons in all our member States. This has been facilitated by the entry into force,
on 1 July this year, of our Convention on the Protection of Children against sexual exploitation and sexual abuse, and will continue with the adoption, at the beginning of next year, of our Convention on Preventing and Combating Violence against Women and domestic violence. Our Guidelines on child friendly justice which will be adopted by our Committee of Ministers before the end of the year will also constitute a major contribution to these developments;
- until 2008, there was an increase in budgets allocated to justic and, in particular, the judiciary. I hope that this trend is confirmed in spite of the financial and economic difficulties with which all our governments are faced. The report shows indeed a direct link between the lack of performance and efficiency of judicial systems and the lack of proper resources.

Let me conclude with a few messages:

1) The aim of the CEPEJ is not to monitor the judicial systems of its member States nor to establish the "Top 10" of the best judicial systems. This would not make any sense. This report is, above all, an essential tool to be used by member States when devising their policies in the area of justice. I would therefore like to launch a call to the Ministries of Justice and the relevant judicial circles in the member States to rely on the findings of this report and on its analysis to define their policies in the judicial field;

2) In this spirit, I would also like to encourage policy makers and researchers to use this unique information to develop studies which would inspire the ongoing reforms of the justice systems in our member states;

3) the CEPEJ has set up a unique mechanism for evaluating the day today functioning of all European judicial systems through comparable qualitative and quantitative data. I welcome in this respect that the European Union Stockholm Programme states that duplication with other evaluation mechanisms should be avoided and that synergies and co-operation should be sought with the work of the Council of Europe. I am convinced that through a successful co-operation in this field, the Council of Europe and the European union will ensure consistency and efficiency in the evaluation of justice in Europe;

4) Law may appear sometimes abstract, whereas justice is concrete as it affects our citizens in their everyday life – be it civil, administrative or criminal justice. Theresults of the CEPEJ work are there to maintain and reinforce r the rule of law on our continent for the benefit of 800 million Europeans – people who will enjoy access to justice, who deserve justice being served and who will thus place confidence in its administration.

Thank you for your attention.