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

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

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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

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January 1st, 2018

“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

This project is co- funded by the Civil Justice Programme of the European Union

FIND AN EXPERT JUST-AG-2016-05 JUST 766374

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(not for profit organization)

Introducing the Institute

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EEEI: A European perspective on expert evidence

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▪

Not for profit organization created in October 2006.

▪

A think tank for expert evidence. Members:

  • Magistrates: judges and prosecutors
  • Courts of appeal or equivalent;
  • Lawyers - Associations;
  • Academics – Universities or faculties;
  • Court Experts – representative associations ;

from all over the European Union. More than 60 institutional members from 15 countries.

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▪« Regionals » judicial Institutions in

the EU.

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

the EU.

▪> 200 members. ▪Court (46%), ▪Bar (25%), ▪Experts associations (20%), ▪Universities (9%) ▪16 States represented ▪73 Organizations. ▪Contributors from 25 countries Profile and members

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EEEI: Goals and approach ▪

Goals

  • Improving quality & independence of expertise in the EU
  • Find

tracks of consensus to foster the harmonization

  • f

expertise proceedings & expert’s status, ethics, training and evaluation across European Justice systems

  • Facilitate & Build a European Union expertise area

▪

Approach

  • Teamwork

between European legal practitioners (judges, prosecutors, lawyers, experts), academics, legal persons & citizens

  • Permanent

activities: research work, mutual assistance network, document database on expertise, conferences, web site …

  • Projects for the European Union programs (EUREXPERTISE,

EGLE FIND AN EXPERT)

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▪

Cofunded by the European Commission (DG Justice),

▪

Purpose: to issue recommendations

  • n

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.

EEEI projects: EUREXPERTISE (1)

This project is co- funded by the Civil Justice Programme of the European Union

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This project is co- funded by the Civil Justice Programme of the European Union

▪

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 *:

  • n the particular conditions of use of expertise in the field of

justice,

  • n the necessary control of expertise procedures by the judge in

respect of the expert’s independence,

  • n the qualities expected of experts and their compliance with

rules of conduct,

  • n the need to implement a certification process in each state in
  • rder

to establish, at the European level, harmonization

  • f

proceedings,

  • n repository containing all national registers and to ensure for

the parties and the judge that the chosen expert has fulfilled his

  • bligations.

EEEI projects: EUREXPERTISE (2)

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This project is co- funded by the Civil Justice Programme of the European Union

EEEI projects: EGLE

  • 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 29th 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 this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST/2013/JCIV/AG/4664

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This project is co-funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST/2013/JCIV/AG/4664

▪

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:

  • n EEEI website
  • n 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

EEEI projects: EGLE

  • Mar. 2014-Dec. 2015 (2)
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Find an Expert

  • Sept. 2017 - Aug. 2019

This project is co-funded by the Civil Justice Programme of the European Union

JUST-AG-2016-05 JUST 766374

 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 this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

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Court Expert lists

CURRENT SITUATION

➢No common directory

  • f

Experts in the European Union ➢No common basis for the appointment

  • f

experts in the European Union. ➢No common basis for the performance

  • f

experts across the European Union.

➢Inability to source experts from another Member State ➢Time consuming efforts to identify experts in

  • ther countries

➢Inability to identify the actual specialisation

  • f

experts in

  • ther

jurisdictions.

...which can lead to:

.... which results in experts rarely being appointed from other countries.

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This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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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.

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This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

JUST-AG-2016-05 JUST 766374

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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.

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This project is co- funded by the Civil Justice Programme of the European Union

JUST-AG-2016-05 JUST 766374

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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 ...

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This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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FIND AN EXPERT- Expected Results This centralised tool will facilitate access to information on expertise and experts in the MS and contribute to the enhancement of mutual trust in justice between the courts, lawyers and citizens of the EU Member States. For each Member State, the following type and number of outputs will be produced:

Information on how judicial expertise is organized; Information on how experts are selected; Information on existing nomenclatures of experts’ specialties; Link to existing expert lists and/or search tools. This information will be published on the e-justice website in the part

called “Find an Expert”. This online publication, at the European level, of lists of judicial experts will be a "consensus accelerator" for judicial expertise in the EU.

15

This project is co- funded by the Civil Justice Programme of the European Union

JUST-AG-2016-05 JUST 766374 This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

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FIND AN EXPERT - Outcomes

The project will:

give concrete, transparent and reliable information on judicial expertise in each

Member State for judges, lawyers, companies, legal bodies and citizens of the whole EU

develop mutual trust between the courts and professionals about expertise

proceedings of the Member States;

accelerate the consensus between Member States in order to create expert lists

and methods of skills and knowledge control and training of experts where there are none and, doing so, improve the quality of judicial expertise proceedings in each Member State, reinforcing mutual trust;

find convergence ways for categories of expert’s specialties, with the final aim to

create a harmonised nomenclature of specialties throughout Europe. 16

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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ACTIVITIES OF THE PROJECT

1/ Drafting and dissemination of questionnaires on lists

  • f experts or Expert

Representation Bodies (‘ERB’) 3/ Find convergence

  • n nomenclature of

expert activities 2/ Updating information about civil and criminal expertise in each Member State 4/ Definition for Database Requirements to interface with the e- justice system 5/ Database made available to judges and lawyers in each EU country on e- justice

Project Process 17

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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FIND AN EXPERT – Why is this so important?

Find crossover and connections to improve :

Responsiveness

& the efficiency

  • f

cross-border cooperation by improving knowledge on judicial expertise and forensic examinations in criminal investigations and civil proceedings.

The framework of the activity to ensure the quality of the

Justice

Mutual

trust and judicial cooperation, initiating a dynamic aimed at converging the systems

  • f

judicial expertise in Europe. 18

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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FIND AN EXPERT – Hurdles/Requirements

Need to build a directory that will accommodate:

Efficient and Cost Effective Access to Justice; Make

use

  • f

future means

  • f

Communication and Technology;

Provide a Trusted Solution; Guarantee Quality of Experts; Accommodate legal systems across the EU – Civil and

Common Law Systems; and

Provide Added Valued to the Legal Process.

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This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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FIND AN EXPERT – Why necessary?

The Legal process is becoming more complex and more

international with cases needing:

  • Greater Technical Knowledge
  • Greater Financial Knowledge
  • Greater Legal Knowledge

At the same time communication is getting better so more

people know each other, which also creates greater potential for conflicts of interests between parties The solution

Source Experts from a wider pool – not nationally but

internationally. 20

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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Final tool

“Find an Expert” Through the e-Justice Web portal

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This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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THE TEAM

Coordination of the project

A steering committee

Nico Keijser, expert (LGRD, NL) Sascha Dalen Gilhuijs, Director (STAB, NL) Rafael Orellana, expert (ES) Luisa Proença (PT)

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Composition of the team

A co-management Béatrice Deshayes, lawyer, hw&h (France/Germany) Dr. Thomas Walford, expert (EWI, UK)

25 - 30 people

Judicial experts, judges, lawyers, academics; from 10 countries at least

5 Working Groups

  • Questionnaires drafting

and evaluation

  • Drafting texts on expertise
  • Nomenclature
  • IT
  • Communication

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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The EEEI can rely on members of the core team with a high-level of expertise to succeed, a transnational and multidisciplinary team:

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Co Co-pilot ilots

  • Beatrice Deshayes – Lawyer (FR/DE)
  • Dr Thomas Walford – Financial Expert (UK)

Key contr trib ibut utor

  • rs
  • Alain Nuée (Judge, FR)
  • Ruben Juvandes (Judge, PT)
  • Rui Batista (Public Prosecutor, PT)
  • Benoit de Clerck (expert, responsible for expert training within EEEI, FR)
  • Hughes-Jehan Vibert (Chef de projet TIC au Ministère de la Justice, FR)
  • Gabriele Morawitz (Judge, appeal court of Cologne, DE)
  • Judge from the appeal court of Liège, BE
  • Judge from an appeal court of the Czech Republic, CZ
  • Silviu-Gabriel Barbu (General Inspector of the control body detached at the Ministry of Foreign Affairs, RO)
  • Vincent Vigneau (Judge at the Supreme Court, FR)
  • Jean-Michel Feuvre, expert CNEJITA, FR
  • Etienne Claes, expert, BE
  • Robert Ranquet, Jean-Michel Romero, Jacques Lauvin
  • Jean-Raymond Lemaire, experts, FR

Delegates from Austria, Greece, Italy, from the CGPJ (Spain) and from other countries are still expected to be nominated by the respective Member States.

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

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The EEEI can rely on members of the core team with a high-level of expertise to succeed, who are practicing experts in different fields

  • f

expertise:

24 Key practicing experts:

  • Dr. Thomas Walford, expert in banking and finance, http://expert-evidence.com

(EWI)

  • Jean-Raymond Lemaire, IT expert, http://lca-icsi.com/
  • Nico Keijser, IT expert, http://keijserconsultancy.nl/(LGRD)
  • Sascha Dalen Gilhuis, Director (STAB)
  • Rafael Orellana, graphology expert, Gabinete Juridico Pericial Orellana,

http://www.gabineteorellana.com

  • Benoît de Clerck, IT expert, CECAV
  • Jacques Baert, IT expert, CNEJITA
  • Etienne Claes, accounting expert, IEC, CNEJ
  • Robert Ranquet, nuclear expert
  • Jean-Michel Romero, honorary construction expert, CNEJGE
  • Jacques Lauvin, construction expert, CECAAPV

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission.

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IMPLEMENTATION

Provisional schedule: 24 months; September 2017 – September 2019

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  • September - December 2017: Identification of entities and people to contact,

drafting questionnaire

  • December 2017 - April 2018: online dissemination of questionnaire
  • February 2018 – April 2019: update information on expert lists and expertise

in civil and criminal cases in each Member State

  • March 2018 – August 2019: update contact list and inform stakeholders about

the project

  • June 2018 – April 2019: update information on nomenclatures and look for

convergence possibilities

  • September 2018 – August 2019: exchange information with institutions,

expert associations, e-justice

  • January 2019 – August 2019: implementation of expert lists on e-justice
  • November 2018 – August 2019: communication to Member States, experts,

lawyers, businesses, associations on the project results

  • (June 2019: presentation of the project results within a public conference?)

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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PARTNERS

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Partner B: The French Association of IT judicial experts CNEJITA (FR) Partner B: The French Association of IT judicial experts CNEJITA (FR) Partner C: Asociació Catalana de Perits Judicials i Forenses (ES) Partner C: Asociació Catalana de Perits Judicials i Forenses (ES) Partner D: Company of the experts of Justice near the Appeal Court

  • f Metz (FR)

Partner D: Company of the experts of Justice near the Appeal Court

  • f Metz (FR)

Partner E: Independant organisation of judicial expert in administrative and environmental law in the Netherlands - STAB (NL ) Partner E: Independant organisation of judicial expert in administrative and environmental law in the Netherlands - STAB (NL ) Partner H: National College of Judicial Experts of Belgium CNEJ (BE) Partner H: National College of Judicial Experts of Belgium CNEJ (BE) Partner A: The Dutch National Register of Court Experts LRGD (NL) Partner A: The Dutch National Register of Court Experts LRGD (NL) Partners F and G: Ministerio da Justiça (PT) Ministère de la Justice (FR) Partners F and G: Ministerio da Justiça (PT) Ministère de la Justice (FR)

This project is co- funded by the Civil Justice Programme of the European Union

JUST-AG-2016-05 JUST 766374

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DISSEMINATION STRATEGY & COMMUNICATION TOOLS

Flyers; Websites; Newsletters; Twitter…

EEEI Judicial networks in Europe Experts networks in Europe Bars networks in Europe Academic networks in Europe Institutional

  • rganizations

(European Parliament, European Commission, Ministries of Justice of the Members States) The webportal “e-justice”

27

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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…MAIN QUALITIES TO SUCCEED:

The EEEI has been a pioneer through its work over the last ten years in European Union

Its successful experiences in civil matters with two projects co-financed by the European Commission

  • EUREXPERTISE
  • EGLE

The team’s qualities:

  • Judicial experts, judges,

lawyers, academics

  • With a high-level of

expertise

  • Experience in EEEI’s

previous works

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EXPERIENCE EXPERTISE KNOW HOW

PARTNERS NETWORKS EEEI MEMBERS

This project is co- funded by the Civil Justice Programme of the European Union

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents of this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European Commission. JUST-AG-2016-05 JUST 766374

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Other Topics

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  • CEPEJ. EEEI has been appointed by the CEPEJ as observer in

the Evaluation Working Group GT-QUAL and GT-EVAL EEEI collaborates on the study of civil and criminal legal expertise.

  • Books. Expertise de justice Quel avenir en Europe ? Published

in Oct.2014 by Bruylant, on Civil legal expertise in EU, co-authored by ten European authors under the direction of Ms Patricia Grandjean.

  • Training. Ongoing projects with the Paris lawyers’ school and

the French judges school about "the right use

  • f

judicial expertise”.

Upcoming EEEI projects and

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Notes

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Notes

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Contact www.experts-institute.eu

Mailing address: EEEI 38, rue de Villiers – 92532 Levallois-Perret cedex – France Tel: +33 (1) 41 49 07 60 – Fax: +33 (1) 41 49 02 89 contact@experts-institute.eu

EUROPEAN EXPERTISE AND EXPERT INSTITUTE

INSTITUT EUROPEEN DE L’EXPERTISE ET DE L’EXPERT

Not for profit organisation 32

S/C Compagnie des Experts près la Cour d’Appel de Versailles 5, Résidence Petite Place - 78000 Versailles