European law knowledge management; Eurinfra: Court Coordinators - - PDF document

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European law knowledge management; Eurinfra: Court Coordinators - - PDF document

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Presentation Yammer CCEs European law knowledge management; Eurinfra: Court Coordinators European Law. The Dutch approach: Contributions to a European Judicial Culture. In 2001 we faced in the Netherlands within the Judiciary the following

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Presentation Yammer CCE’s 1

European law knowledge management; Eurinfra: Court Coordinators European Law. The Dutch approach: Contributions to a European Judicial Culture. In 2001 we faced in the Netherlands within the Judiciary the following problems:

THE PROBLEM THE PROBLEM

  • RECOGNI SABI LI TY OF

RECOGNI SABI LI TY OF EUROPEAN LAW EUROPEAN LAW

  • ACCESSI BI LI TY OF

ACCESSI BI LI TY OF SOURCES OF LAW SOURCES OF LAW

  • KNOW LEDGE OF EU

KNOW LEDGE OF EU LAW AMONG JUDGES LAW AMONG JUDGES NOT SUFFI CI ENT NOT SUFFI CI ENT

To solve these problems we formulated the following objectives:

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Presentation Yammer CCE’s 2

OBJECTI VE OBJECTI VE

  • I MPROVEMENT OF THE

I MPROVEMENT OF THE ACCESSI BLI TY OF EUROPEAN ACCESSI BLI TY OF EUROPEAN LAW BY W EBTECHNOLOGY LAW BY W EBTECHNOLOGY

  • RAI SI NG THE LEVEL OF

RAI SI NG THE LEVEL OF KNOW LEDGE W I THI N THE KNOW LEDGE W I THI N THE JUDI CI ARY JUDI CI ARY

  • APPOI NTMENT OF

APPOI NTMENT OF SPECI ALI STS I N EU SPECI ALI STS I N EU-

  • LAW I N

LAW I N THE COURTS THE COURTS

We have now reached the following results.

PROJECT RESULTS PROJECT RESULTS

  • A EUROPEAN LAW MENU

A EUROPEAN LAW MENU EMBEDDED I N PORTA I URI S EMBEDDED I N PORTA I URI S

  • I MPROVED TRAI NI NG

I MPROVED TRAI NI NG FACI LI TI ES OFFERED BY THE FACI LI TI ES OFFERED BY THE DUTCH TRAI NI NG CENTRE FOR DUTCH TRAI NI NG CENTRE FOR THE JUDI CI ARY ( SSR) THE JUDI CI ARY ( SSR)

  • ESTABLI SHI NG OF A NETW ORK

ESTABLI SHI NG OF A NETW ORK OF COURT COORDI NATORS OF COURT COORDI NATORS EUROPEAN LAW ( CCE EUROPEAN LAW ( CCE’ ’S) S)

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Presentation Yammer CCE’s 3

PORTA EUROPEA PORTA EUROPEA

  • EU

EU-

  • LEGI SLATI ON

LEGI SLATI ON

  • EU

EU-

  • CASE LAW

CASE LAW

  • NATI ONAL EU

NATI ONAL EU-

  • RELATED CASE

RELATED CASE LAW LAW

  • ADDI TI ONAL I NFORMATI ON

ADDI TI ONAL I NFORMATI ON ( GUI DE FOR REFERENCE FOR ( GUI DE FOR REFERENCE FOR PRELI MI NARY RULI NG,I NFO PRELI MI NARY RULI NG,I NFO-

  • EXCHANGE BETW EEN CCE` S)

EXCHANGE BETW EEN CCE` S)

  • NEW SCOLUMN

NEW SCOLUMN

That means that: 1. from their desks, judges and staff lawyers have access via web technology by entering the European Law menu, as a subpart of the overall web system, Porta Iuris, to sources of European law in a user-friendly; integrated and rapid

  • manner. The following sources are concerned:
  • legislation and regulations (in force and

consolidated):

  • European conventions and treaties;
  • European legislation;
  • Netherlands implementation regulations;
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Presentation Yammer CCE’s 4

  • Case law:
  • Decisions of the Court of Justice, of the

General Court, and of the European Court of Human Rights;

  • Cases pending before the Court of Justice

(including references as for preliminary rulings);

  • Texts and commentaries from inter alia the

most well-known judicial Dutch magazines;

  • Decisions of Netherlands Courts and

Tribunals in cases in which Community Law has been applied or explained;

  • a toolkit with checklists (such as checklist

concerning the reference for a preliminary rulings, EC checklist), manuals and tutorials

  • n the basis of handbooks and training

material;

  • a “source of information”, including inter

alia information by and about Courts

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Presentation Yammer CCE’s 5

Coordinators European law (CCE); This is a new phenomenon and I will give more explanation on this point later on.

  • A “news column” (Commission, Council,

ICER,etc.) 2. For queries concerning inter alia references for preliminary rulings and current matters

  • f European law judges and staff members

will be served by (the secretariat of) the Court coordinators European law, or may find an answer to their questions on the judiciary intranet. One of the most important results of the Eurinfra project is the establishing of a network

  • f Court Coordinators European law.

About this network I would like to make some more specific remarks.

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Presentation Yammer CCE’s 6

CCE CCE Court Court Coordinators Coordinators European European law law

European law is of great European law is of great im portance for litigants in im portance for litigants in Europe Europe

I ntroduction I ntroduction

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Presentation Yammer CCE’s 7

I t is therefore im portant I t is therefore im portant that every that every judiciary has sufficient judiciary has sufficient know ledge of European know ledge of European law . law .

I ntroduction I ntroduction

In former days talking about the enormous acquis communautaire, consisting in treaties, thousands of regulations, directives and a huge amount of judgments of the European courts, combined with the duty of the national judge to present himself as a European judge as well, most of the time members of the Dutch judiciary had the following vision on themselves:

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Presentation Yammer CCE’s 8

That common old vision had to be changed and has been changed.

This does not m ean that he: This does not m ean that he:

  • should predict on his ow n

should predict on his ow n future developm ents future developm ents concerning European law concerning European law and and

  • should try to find in all

should try to find in all cases the answ ers all by cases the answ ers all by him self. him self.

I ntroduction I ntroduction

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Presentation Yammer CCE’s 9

Eurinfra Eurinfra helped the helped the judiciary w ith the correct judiciary w ith the correct application of European law application of European law by enforcing the know ledge by enforcing the know ledge infrastructure concerning infrastructure concerning European law in the European law in the judiciary pow er judiciary pow er

Eurinfra Eurinfra

Eurinfra Eurinfra is based on three pillars: is based on three pillars:

  • im proving the accessibility of

im proving the accessibility of European law inform ation resources European law inform ation resources using w eb technology; using w eb technology;

  • im proving the know ledge of

im proving the know ledge of European law am ongst the Dutch European law am ongst the Dutch judiciary; judiciary;

  • m aintaining the netw ork of Court

m aintaining the netw ork of Court Coordinators European law Coordinators European law ( CCE) . ( CCE) .

Eurinfra Eurinfra

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Presentation Yammer CCE’s 10

Every court ( including the Every court ( including the Dutch Suprem e Court and the Dutch Suprem e Court and the Adm inistrative Jurisdiction Adm inistrative Jurisdiction Division of the Council of Division of the Council of State) has one or m ore court State) has one or m ore court coordinator( s coordinator( s) ( ) ( CCE CCE’ ’s s) . ) .

CCE CCE-

  • netw ork

netw ork

Together Together they they form form The CCE The CCE netw ork netw ork . .

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Presentation Yammer CCE’s 11

The netw ork of court The netw ork of court Coordinators is facilitated and Coordinators is facilitated and supported by supported by ‘ ‘het College van het College van Beroep Beroep voor voor het het bedrijfsleven bedrijfsleven’ ’ ( the Adm inistrative High Court ( the Adm inistrative High Court for Trade and I ndustry) for Trade and I ndustry)

CCE CCE-

  • netw ork

netw ork

Official CCE job Official CCE job description description: : Provides Provides clarity clarity and and ensures ensures transparency transparency for for CCEs CCEs, , their their Court Court Boards Boards and the and the court court as a as a w hole w hole. .

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Presentation Yammer CCE’s 12

Objective of the task of the court Objective of the task of the court coordinator ( CCE) : coordinator ( CCE) : to contribute to the correct to contribute to the correct application of European law . application of European law .

CCE CCE

  • bjective
  • bjective of the
  • f the task

task

A CCE is A CCE is an an inform ation inform ation broker broker

A CCE is A CCE is an an experienced experienced judge judge or

  • r

justice justice w ho w ho actively actively adm inistrates adm inistrates justice justice. .

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Presentation Yammer CCE’s 13

The activities are The activities are perform ed perform ed w ithin the court. w ithin the court.

CCE CCE contacts contacts

CCE CCE

President President Quality Quality coordinator coordinator Judges Judges

Local Local knowledge knowledge network network

fellow fellow CCE CCE’ ’s s

CCEs CCEs: : contacts contacts and and scope scope

I NTERNAL I NTERNAL EXTERNAL EXTERNAL

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Presentation Yammer CCE’s 14

Result areas: Result areas: 1 . coordinating access to European 1 . coordinating access to European law w ith law w ith a view to its practical a view to its practical application; application; 2 . keeping abreast of and passing on 2 . keeping abreast of and passing on know ledge of European law ; know ledge of European law ; 3 . provision of inform ation about 3 . provision of inform ation about European law European law

CCE CCE result result areas areas

Ad 1 ) Ad 1 ) The CCE arranges w ithin his ow n The CCE arranges w ithin his ow n court for a ( consultation) court for a ( consultation) structure ( consisting of structure ( consisting of sectoral sectoral contacts) . contacts) .

CCE CCE coordinating coordinating

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Presentation Yammer CCE’s 15

Ad 2 ) Ad 2 ) The CCE The CCE keeps abreast of European keeps abreast of European law in any event the general part, to law in any event the general part, to this end: this end:

  • he reads the w eekly survey of

he reads the w eekly survey of Porta Porta I uris I uris ( European law ) supplied ( European law ) supplied centrally by centrally by Spir Spir-

  • I t

I t

  • peruses the professional literature

peruses the professional literature

GCE GCE Keeping Keeping abreast abreast of and

  • f and

passing passing on

  • n

Ad 3 ) Ad 3 ) The CCE The CCE know s w here and how he can know s w here and how he can generate know ledge generate know ledge

  • CCE netw ork,

CCE netw ork,

  • databanks

databanks

  • Porta

Porta-

  • I uris

I uris

  • the I nternet

the I nternet

  • know ledge base

know ledge bases s

CCE CCE provision provision of

  • f inform ation

inform ation

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Presentation Yammer CCE’s 16

A CCE provides A CCE provides inform ation inform ation

  • n
  • n European

European law law : : by by bringing bringing im portant im portant judgem ents judgem ents, procedures, , procedures, legislation legislation or

  • r literature

literature to to the the attention attention of

  • f his

his/ her / her colleagues colleagues or

  • r the CCE

the CCE netw ork netw ork; ;

  • via the

via the Eurogroup Eurogroup agenda. agenda.

Together we Together we’ ’re contributing re contributing to a proper application of to a proper application of European law so that the European law so that the litigant can trust on a litigant can trust on a proper administration of proper administration of justice. justice.

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Presentation Yammer CCE’s 17

W hat are our experiences now in the Netherlands W hat are our experiences now in the Netherlands w ith this system of the court coordinators EU w ith this system of the court coordinators EU-

  • law

law w hen I look back at the last years? w hen I look back at the last years?

  • Court coordinators are increasingly being

Court coordinators are increasingly being approached internally approached internally

  • The am ount of contacts w ithin the netw ork of

The am ount of contacts w ithin the netw ork of court coordinators has grow n as w ell court coordinators has grow n as w ell

  • I n 2 0 0 4 and 2 0 0 8 the entire netw ork of court

I n 2 0 0 4 and 2 0 0 8 the entire netw ork of court coordinators has visited the Court of Justice in coordinators has visited the Court of Justice in Luxem bourg Luxem bourg

  • W e had a com bined m eeting w ith our Belgian

W e had a com bined m eeting w ith our Belgian colleagues colleagues

W hy W hy not not established established a a “ “helpdesk helpdesk ” ”

  • All judges should im prove their

All judges should im prove their consciousness on the aspect of consciousness on the aspect of European com m unity law . European com m unity law .

  • The level of education of all the

The level of education of all the judges had to im prove judges had to im prove

  • Risk of, shortly said, "intellectual

Risk of, shortly said, "intellectual laziness" laziness"

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Presentation Yammer CCE’s 18

An An im portant im portant caveat caveat

Allocate m ore tim e to the duties Allocate m ore tim e to the duties

  • f the
  • f the CCE

CCE’ ’s s in order to em bed in order to em bed their activities m ore securely in their activities m ore securely in the organisation to further the organisation to further im provem ent of the w ay the im provem ent of the w ay the netw ork functions. netw ork functions.

Overall Overall conclusions conclusions ( ( Eurinfra Eurinfra project) project)

The The Eurinfra Eurinfra project: project:

  • m ade European law sources digitally

m ade European law sources digitally easy available to the Dutch judiciary; easy available to the Dutch judiciary;

  • generated a better know ledge of

generated a better know ledge of European law European law

  • brought know ledge to a higher plan

brought know ledge to a higher plan ( via courses) ( via courses)

  • created a netw ork of court

created a netw ork of court coordinators coordinators

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Presentation Yammer CCE’s 19

Overall Overall conclusions conclusions ( ( CCE CCE-

  • netw ork

netw ork ) )

  • The netw ork of Court Coordinators

The netw ork of Court Coordinators European law has offered a European law has offered a fram ew ork fram ew ork

  • W ithin w hich each court the CCE can

W ithin w hich each court the CCE can identify possible European law identify possible European law com plications com plications

  • Judges have the opportunity to seek

Judges have the opportunity to seek

  • utside help, if necessary, via its ow n
  • utside help, if necessary, via its ow n

court coordinator court coordinator

  • Together judges and

Together judges and CCE CCE’ ’s s build a build a solid know ledge infrastructure solid know ledge infrastructure w ithin w ithin the Dutch the Dutch judiciary judiciary

Am bition Am bition for for the the future future

  • Keeping

Keeping to to contribute contribute to the to the developm ent developm ent of

  • f an

an European European judicial judicial culture. culture.

  • Adapt

Adapt the the CCE CCE-

  • netw ork

netw ork to a to a changing changing digital environm ent digital environm ent

  • Broaden

Broaden the the connection connection w ith w ith netw orks netw orks in in other

  • ther EU

EU-

  • Mem ber

Mem ber States States

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Presentation Yammer CCE’s 20

Rudolf R. Winter President of the Administrative High Court for Trade and Industry, The Hague, Netherlands (College van Beroep voor het bedrijfsleven, Den Haag, Nederland). P.O. Box 20021 2500 EA The Hague The Netherlands t +31 70 381 3930 f +31 70 381 3674 r.winter@rechtspraak.nl www.rechtspraak.nl