Topics

Administrative law

The Project Group on Administrative Law (CJ-DA), set up under the authority of the European Committee on Legal Co-operation (CDCJ), was responsible for Council of Europe activities in the field of administrative law up to 2008. It was supported by a Project Group (CJ-DA-GT).

Administrative detention of migrants

CDCJ is preparing a draft instrument codifying existing international standards relating to the conditions in which migrants are held in administrative detention.

Artificial Intelligence and Administrative Law

The use of automated decision-making systems (ADMs) and artificial intelligence (AI) in the public sector is becoming more prevalent, as a result of the increasing demand for simplified, user-friendly, expedited, and round-the-clock available services. Governments are increasingly using AI for public administration innovation and transformation, redefining how they design and deliver policies and services.

Child-friendly justice

On 17 November 2010 the Committee of Ministers of the Council of Europe adopted Guidelines on child-friendly justice, prepared by CDCJ.
CDCJ promotes and supports the implementation of these Guidelines in member states.

Debt problems

At their 26th Conference (Helsinki, 7-8 April 2005), the Ministers of Justice of the Council of Europe adopted a Resolution on Seeking Legal Solutions to Debt Problems in a Credit Society, in which they expressed their concern about the problems arising in today’s credit society due to, inter alia, the easy access to credit that can, in some cases, result in the over-indebtedness of households, creating social exclusion of individuals and families.

Digital Evidence

The Internet and new technologies have an impact on rules of evidence and modes of proof before the courts. A comparative study on this issue was undertaken.
As a follow-up action to the study, the CDCJ guidelines were drawn up and submitted to the Committee of Ministers for adoption. The guidelines on electronic evidence in civil and administrative proceedings were adopted on 30 January 2019.

Family Law

The CJ/ENF-ISE will prepare guidelines or other policy instruments or practical tools to give guidance regarding the best interests of the child in the context of parental separation and care proceedings.

Gender Equality in Law Reform

Encouraged by the fruitful disccusions at the ad hoc meeting on mainstreaming gender equality issues in the process of law reform organised by the European Committee on Legal Co-operation (CDCJ), the Committee decided to continue work in this area and consider relevant proposals at their next plenary meeting to be held in September 2020.

Judicial independence and impartiality

On 13 April 2016 the Committee of Ministers of the Council of Europe adopted the Council of Europe Plan of Action on “Strengthening judicial independence and impartiality”. The Plan of Action was based, inter alia, on a report on the review of the follow-up action by Council of Europe member states to Recommendation CM/Rec(2010)12 on judges: independence, efficiency and responsibilities, adopted by Committee of Ministers of the Council of Europe on 17 November 2010 and which was prepared by the European Committee on Legal Co-operation (CDCJ).
This Action Plan was on the agenda of the discussions at the high level conference of ministers of justice and representatives of the judiciary (Sofia, Bulgaria, 21-22 April 2016) – see “completed standard-setting activities”.

Legal aid

A comparative analysis of existing data on free civil legal aid schemes in the member states (with particular attention to the key obstacles to the effective working of these schemes and to a gap analysis) has been prepared for CDCJ in order to explore the feasibility of future work in this field.
In November 2018, CDCJ decided to develop, by the end of 2020, draft guidelines in this field, after consideration of their scope. They will aim at improving the efficiency and effectiveness of legal aid schemes (including advice, assistance and representation) in the member states in the areas of civil and administrative law.

Lobbying

On 22 March 2017, the Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2017)2 on the legal regulation of lobbying activities in the context of public decision-making prepared by CDCJ, for promoting and increasing transparency of lobbying activities in this context.
CDCJ promotes and supports the implementation of this recommendation in member states.

Medical liability

In 2004 the European Committee on Legal Co-operation (CDCJ) commissioned an expert to draft a Report on Medical Liability in Europe, which has subsequently been examined by both CDCJ, the European Health Committee (CDSP) and the Steering Committee on Bioethics (CDBI).

Migration

The lack of human rights-based migration policies and standards is leading to routine violations of migrants’ rights whether in transit, at international borders or within the territory of the countries they migrate to.

Non-Governmental Organisations (NGOs)

The civil society, as represented by Non-Governmental Organisations (NGOs), makes an essential contribution to the realisation and development of democratic societies, in particular through the promotion of public awareness and the participatory involvement of citizens in the res publica. Their contribution to the achievement of the aims and principles of the Statute of the Council of Europe is equally important.

Online Dispute Resolution

Following a feasibility study in 2016, a technical study was prepared and presented to the CDCJ at its 93rd plenary meeting (14-16 November 2018). The activity continues with the preparationn of draft guidelines aiming at ensuring the compatibility of ODR mechanisms with Articles 6 and 13 of the ECHR, to be completed by 2020.

Powers of Attorney and Advance Directives for Incapacity

A review was carried out in member states on principles concerning continuing powers of attorney and advance directives for incapacity. The report on this review was examined by CDCJ in November 2017 and published on CDCJ website in 2018 (under “reports and studies”).
A leaflet to inform the public on this topic as well as a pamphlet addressed to national authorities on how to improve implementation of Recommendation CM/Rec(2009)11 should be prepared in 2019.

Profession of Lawyer

The Committee on Legal Co-operation (CDCJ) is preparing a feasibility study on the drafting of a European convention on the profession of lawyer. Based on the finding and the opinions of the relevant Council of Europe bodies, the Committee of Ministers will decide whether or not to embark on a normative work to be primarily focused on the protection of lawyers in the exercise of their profession.

Protection of Animals

Scientific developments and intensification of practices were source of important changes in the use of animals, in agriculture and food production, as well as in research and experimentation. The Conventions on the protection of animals elaborated at the Council of Europe were the first international legal instruments laying down ethical principles for the transport, the farming, the slaughtering of animals as well as for their use for experimental purposes and as pet.

Protection of Whistleblowers

On 30 April 2014 the Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2014)7, prepared by CDCJ, for protecting individuals who report or disclose information on acts and omissions in the workplace that represent a serious threat or harm to the public interest (“whistleblowers”).
CDCJ promotes and supports the implementation of this recommendation in member states.

Statelessness and Access to Nationality

A review of protocols and procedures used by member States to determine and resolve cases of statelessness, in particular of migrant children, was undertaken in 2019.
Following this review, CDCJ agreed, at its 94th plenary meeting on 13-15 November 2019, on activities to be carried out as follow up.