Activities in progress

CDCJ activities currently in progress (see also ongoing work).

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.

CJ/ENF-ISE

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.

Online dispute resolution mechanisms

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.

Gender Equality

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.

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.

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.

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.

Statelessness

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.

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”.