FIND AN EXPERT Judicial Expertise in European Union A transnational - PowerPoint PPT Presentation

This project is co- funded by the Civil Justice Programme of the European Union FIND AN EXPERT JUST-AG-2016-05 JUST 766374 “FIND AN EXPERT” Judicial Expertise in European Union A transnational project to promote judicial cooperation in the appointment of Experts Beatrice Deshayes EEEI Co-President and Co-pilot of the FIND AN EXPERT Project January 1st, 2018

Introducing the Institute (not for profit organization) 2

EEEI: A European perspective on expert evidence ▪ Not for profit organization created in October 2006 . ▪ A think tank for expert evidence. Members: o Magistrates: judges and prosecutors o Courts of appeal or equivalent; o Lawyers - Associations; o Academics – Universities or faculties; o Court Experts – representative associations ; from all over the European Union. More than 60 institutional members from 15 countries. 3

Profile and members ▪ « Regionals » judicial Institutions in ▪ « Regionals » judicial Institutions in the EU. the EU. ▪ > 200 members. ▪ > 200 members. ▪ Court (46%), ▪ Court (46%), ▪ Bar (25%), ▪ Bar (25%), ▪ Experts associations (20%), ▪ Experts associations (20%), ▪ Universities (9%) ▪ Universities (9%) ▪ 16 States represented ▪ 16 States represented ▪ 73 Organizations. ▪ 73 Organizations. ▪ Contributors from 25 countries ▪ Contributors from 25 countries 4

EEEI: Goals and approach ▪ Goals Improving quality & independence of expertise in the EU o Find tracks of consensus to foster the harmonization of o expertise proceedings & expert’s status, ethics, training and evaluation across European Justice systems Facilitate & Build a European Union expertise area o ▪ Approach Teamwork between European legal practitioners (judges, o prosecutors, lawyers, experts), academics, legal persons & citizens Permanent activities: research work, mutual assistance o network, document database on expertise, conferences, web site … Projects for the European Union programs (EUREXPERTISE, o EGLE FIND AN EXPERT) 5

This project is co- funded by the Civil Justice Programme of the European Union EEEI projects: EUREXPERTISE (1) ▪ Cofunded by the European Commission (DG Justice), ▪ Purpose: to issue recommendations on harmonizing the rules of judicial expertise and the status of Court experts in the European Union. Result: ▪ An inventory in each country, of the procedures of expertise and statuses of experts; an ad hoc questionnaire was sent to all EU Supreme Courts. EEEI has collected, verified, completed all the answers for each country and then analyzed it. July 2010 to June 2012. http://www.experts-institute.eu/-EUREXPERTISE,86- .html#1808 ▪ A symposium in BRUSSELS, March 2012, 180 participants and 17 countries represented. 6

This project is co- funded by the Civil Justice Programme of the European Union EEEI projects: EUREXPERTISE (2) ▪ Going beyond the differences between the legal systems in European countries and largely inspired by the jurisprudence of the European Court of Human Rights, a consensus has been reached *: on the particular conditions of use of expertise in the field of o justice, on the necessary control of expertise procedures by the judge in o respect of the expert’s independence, on the qualities expected of experts and their compliance with o rules of conduct, on the need to implement a certification process in each state in o order to establish, at the European level, harmonization of proceedings, on repository containing all national registers and to ensure for o the parties and the judge that the chosen expert has fulfilled his obligations. 7

This project is co- funded by the Civil Justice Programme of the European Union EEEI projects: EGLE JUST/2013/JCIV/AG/4664 Mar. 2014-Dec . 2015 (1) ▪ Cofunded by EC ▪ Organisation of a consensus conference at the European level to promote the rapprochement of national proceedings in civil judicial expertise ▪ Topics in relation to the position of a Court expert: training, skills • directories, nomenclature • appointment, control, compensation • status, missions, • independence. • ▪ Over 40 workshops around the EU, more than 100 people (experts, judges, lawyers, academics) involved, 160 participants from over 25 countries. A Consensus conference in Rome, May 29 th 2015 in the ▪ Italian Supreme Court. This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of 8 this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

This project is co-funded by the Civil Justice Programme of the European Union EEEI projects: EGLE JUST/2013/JCIV/AG/4664 Mar . 2014-Dec. 2015 (2) ▪ The result: The Guide of good practice in civil judicial expertise in the EU . (Guide des bonnes pratiques de l’expertise judiciaire civile dans l’Union européenne) FR : http://experts-institute.eu/Publication-du-guide-des-bonnes.html EN : http://gb.experts-institute.eu/Publication-of-the-guide-to-good.html Translations : IT, BG, DE, RO, PT, PL. The guide to good practices has been published: - on EEEI website - on e-justice website - as a book with comments from several stakeholders, edited by Bruylant editions in October 2016 - Appendix: draft of a Code of ethics for judicial experts This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of 9 this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

This project is co-funded by the Civil Justice Programme of the European Union Find an Expert JUST-AG-2016-05 JUST 766374 Sept. 2017 - Aug. 2019  Cofunded by EC  2 years project  Final goal: FIND AN EXPERT tool on e-justice: https://e-justice.europa.eu/ This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of 10 this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

This project is co- funded by the Civil Justice Programme of the European Union JUST-AG-2016-05 JUST 766374 Court Expert lists CURRENT SITUATION ➢ No common directory ➢ Inability to source experts from another of Experts in the Member State European Union ➢ Time consuming efforts ➢ No common basis for to identify experts in the appointment of other countries ... which can lead to: experts in the European ➢ Inability to identify the Union. actual specialisation of ➢ No common basis for experts in other jurisdictions . the performance of experts across the European Union. .... which results in experts rarely being appointed from other countries. This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of 11 this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

This project is co- funded by the Civil Justice Programme of the European Union JUST-AG-2016-05 JUST 766374 FIND AN EXPERT OBJECTIVES Objectives: This project aims at enabling judges, lawyers and citizens in the EU to:  Learn about nature and functioning of judicial expertise in the different Member States;  Identify the existing lists of experts in the Member States and the entities managing these lists;  In civil or criminal proceedings, find an adequate expert in order to answer any technical or scientific question or to conduct any technical task and to give his/her opinion, orally or in writing;  Such instructions can be implemented on a regional, national or cross border level. This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of 12 this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

This project is co- funded by the Civil Justice Programme of the European Union JUST-AG-2016-05 JUST 766374 FIND AN EXPERT ACTIVITIES Activities: Project will create the following contents for each Member State:  A fact sheet containing all relevant information, esp. how judicial expertise works in this MS, how and by whom experts are selected, on which competence criteria, how and how often this competence is checked, how independence and impartiality are guaranteed...  A presentation of the relevant nomenclature of specialities  Where applicable, a link to the existing experts’ lists or search tools. 13

This project is co- funded by the Civil Justice Programme of the European Union JUST-AG-2016-05 JUST 766374 FIND AN EXPERT - Who will benefit? Type and number of persons benefiting from the project:  Judges working on civil and criminal cases;  Lawyers;  Citizens who are parties to civil or criminal proceedings;  Companies and insurers;  European citizens, researchers, journalists ... This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of 14 this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.