Activities in progress
The Committee of Experts on the rights and best interests of the child in the context of parental separation and in care proceedings (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.
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.
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.
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 the way forward.
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”.