SUMMARY:

1. Introduction: Creation of the European Network of Justice Inspection Services
2. The European Network of Justice Inspection Services

 

1. INTRODUCTION: CREATION OF THE EUROPEAN NETWORK OF JUSTICE INSPECTION SERVICES (CEPEJ/ENJIS)

Representatives of the inspection services of fourteen European countries (Belgium, Czech Republic, France, Italy, Lithuania, Montenegro, the Netherlands, Poland, Portugal, Romania, Serbia, Slovenia, Spain and the United Kingdom) met in Paris on 16^th and 17^th March 2017 at the initiative of France, in the presence of representatives of the European Union and the European Commission for the Efficiency of Justice of the Council of Europe (CEPEJ). They aimed to assess how national justice inspectorates could contribute more actively to the uniform development of the judiciary across Europe. The participants began with observations about the differing authorities attached to the national inspection services (justice councils, ministry of justice or judiciary). They analysed the evaluation methods used by national inspection services and how the purpose of the checks is constantly changing. Although there are persistent institutional and functional differences, it became clear that these do not substantively affect the convergence that is bringing the different inspection systems closer together, in particular the need for independence in carrying out their tasks. The discussions also opened up prospects for cooperation and joint training at the European level. In the light of this observation, the participants discussed, with the representatives of the European Commission and the CEPEJ, the role that national inspectorates could play in evaluating the effectiveness and quality of justice at the European level.

By the end of the sessions, there was consensus about how to ensure the professionalism of national inspection services. This consensus led to the creation of a network of European justice inspectors who could participate in assessing public justice policies at the European level. Several avenues of work were proposed. One was the development of a shared methodology through the training of inspectors specialised in European law. Another was to draw up a “common reading guide” about monitoring how courts function, to analyse in particular the sometimes unsuccessful mutual legal assistance flows. And another was to set up “joint inspection teams” mandated by member states or the European Union. Other proposals included organising joint training and exchange programmes for justice inspectors between countries and an online information-sharing platform. Finally, participants discussed the different possibilities for European funding for these schemes.

At the end of these discussions, the participants agreed on the following statement:

“The representatives of the fourteen participating countries, anxious to develop methods and tools to promote enhanced collaboration, agree to make every effort to establish a European network of national inspection services.

Whether or not they are present at the 16^th and 17^th March meeting, all inspection services from the EU Member States or candidate countries are invited to join this initiative.

A monitoring committee, composed of the inspection services of the following countries: France, Belgium, Spain, Romania, Italy, Czech Republic, Lithuania, as well as Portugal and Poland, subject to the agreement of its authority, is responsible for defining the appropriate legal personality and promoting the following actions from 2017:

- Submit a proposal to create and host a secure online platform to promote information sharing and hosting digital resources available in the countries and inspection services concerned. With this in mind, one or more Monitoring Committee members will draw up and submit a funding application to the European Commission.

- Draw up a draft shared code of ethics.

- Encourage training and cross-cooperation between national inspection services, in particular through exchange visits by inspectors.

As far as they are able, the inspection services taking part agree to converge their own and multilateral efforts to contribute to assessing the effectiveness and quality of justice at the European level and, in particular, of the European instruments for civil and criminal legal aid.

The inspection services present encourage any measures that can be taken with international donors, such as the European Union, to ensure the financing of the planned actions.

The inspection services present agree to meet annually, in particular, to take stock of the implementation of this declaration and the progress of the projects concerned.

The Italian, Spanish and Romanian inspection services have volunteered to consider the possibility of organising the next conference.

Paris, 17^th March 2017.”

 

2. THE EUROPEAN NETWORK OF JUSTICE INSPECTION SERVICES

The current inspection services and similar institutions of the following member states of the European Union are full members of CEPEJ: Belgium, Bulgaria, Czech Republic, France, Italy, Portugal, Romania, and Spain.

The objective of the Association is to enhance cooperation and mutual understanding between the national judicial inspection services of European Union member states and European Union candidate states.

The Association pursues exclusively and directly international non-profit objectives and encourages cooperation among its members in the following areas:

- developing common standards for assessing the activity and functioning of judicial systems

- defining common guarantees of impartiality, ethics and competence for carrying out evaluation missions

- information about and analysis of the structures and competencies of members, as well as the exchanges between them

- exchanging experiences about the types of organisation in the different judicial inspection services and how they function

- contributing to the assessment of efficiency and quality of justice at the European level and, in particular, of European instruments for mutual assistance in criminal and civil matters

- developing and publishing online tools to promote sharing of information and digital resources available in the countries and inspection services concerned

- providing expertise and sharing experiences and proposals with EU institutions and other national and international organisations.

Within the CEPEJ framework, the General Council of the Judiciary participated in the Project for the Evaluation of European Instruments For Civil Judicial Cooperation By National Inspection Services (ECJIN ID 831656). On 10^th September 2021, it approved the appointment of an expert to participate in the European Network of Inspection Services project “European Impact Study post-COVID 19.” Similarly, on 28^th April 2021, the General Council of the Judiciary approved its participation in a European project on environmental justice. This project would be submitted and led by France in the framework of the European Network of Justice Inspection Services under the European Commission’s Justice Programme (JUST). It confirms the Council’s commitment to jointly fund the project and designate two to four experts to participate in the project’s implementation if approved by the European Commission.

Similarly, the Plenary of the General Council of the Judiciary, in its session of 22^nd July 2021, unanimously approved the text of the Charter of Ethics for European Inspection Services, which the RESIJ General Assembly adopted on 25^th June 2021.