in Europe President of the EEEI Orientation Committee, Alain Nue - - PowerPoint PPT Presentation

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

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European Guide to Legal Expertise CONSENSUS CONFERENCE

• n

Civil judicial expertise in Europe

President of the EEEI Orientation Committee, Alain Nuée Honorary First President of the Appeal Court of Versailles Vice-president of the EEEI, Philippe Jacquemin Expert at the Appeal Court of Lyon

September 2015

Partners:

• CNEJ – BE
• LRGD – NL
• SEFITA – BG
• ACPJ – ES
• Cjo Gral. Peritos Judiciales - ES

EGLE JUST/2013/JCIV/AG/4664

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

What is a “consensus conference"?

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“A standardised method to scientifically pilot a collective debate in order to discuss controversial issues and provide public recommendations”.

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The method used here has been adapted for the field

• f justice from a method that has been largely used in

the field of health.

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

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Organisation

Conference Preparation

Found means for funding Chose the topic Entrusted the organisation of the conference to the Defined the topics Formed a Data Study Group for existing texts Invited the public Appointed INTERMEDIATE DOCUMENT

4 WORKING GROUPS = WGs DISSEMINATE RECOMMENDATIONS IN CAMERA JURY DELIBERATION PLENARY CONFERENCE THE JURY ORGANIZING COMMITTEE= OC THE PROMOTER : EEEI

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

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Promoter: EEEI

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Methodology:

 Chooses the topic, sets the targets and defines the main

questions to be addressed

 Finds means of funding (co-funded by the EC)  Defines the dissemination strategy in cooperation with the

Organizing Committee

 Sets the deadlines for carrying out the work and for

publication, in accordance with the contract signed with the European Commission’s DG Justice.

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

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Organizing Committee



Methodology:



Members are appointed by the Promoter but the OC remains independent



10 members including one in charge of supervising the methodology



Its president represents the EEEI = the Promoter



Members of the OC do not participate in the Jury work (except for the President)

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Role:

• Chooses the working method
• Appoints a Data Study Group to review

existing texts and material

• Writes out the questions
• Appoints the members of the 4 WGs, of

the Jury, and of the Data Study Group

• Sets out the strategy for disseminating

recommendations

• Invites the public.

…



Made up of:

 Judges  Experts  Lawyers  Law professors  See list of OC Members

page 6

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President:

 Alain NUEE,

President of the EEEI Orientation Committee, Former First President of the Appeal Court of Versailles, France

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

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Organizing Committee (OC)

Name First Name Country Profession BIANCHETTI Carlo IT Judge DESHAYES Béatrice DE/FR Lawyer JACQUEMIN Philippe FR Expert KEIJSER Nico NL Expert NUEE Alain FR Judge ORELLANA Rafa ES Expert RIEDEL Johannes DE Judge TURNER Barry UK Academic

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

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Data Study Group

 Methodology:



4 to 6 members who have the know-how to study texts

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Use the results of the EUREXPERTISE project, among other material;

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Provide an objective analysis of the current procedures across the various European Member States;

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Puts together the Databank to be given to the Working Groups during the Kick-off meeting of July 9 2014 (submits Databank to OC’s approval first)



Submits summary reports to the OC before the Plenary Conference.

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

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Name First Name Country Profession BLANC Béatrice FR Judge CUNIBERTI Gilles LU Academic DE LEVAL Georges BE Academic GIL Beatriz ES Lawyer LOUBEYRE Alix FR Academic MARCOTULLI Alice IT Judge VIGNEAU Vincent FR Judge

Data Study Group

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

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Working Groups

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Method:

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Appointed by the Organizing Committee;

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Members represent several fields, not only Justice;



Public list;

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Each WG will address specific questions drawn up by the OC;

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WG proposals and Power Point presentations will be handed in to the OC at least one month before the Conference (30 March 2015) to be transmitted to the Jury;

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The WG will present their work and proposals during the Plenary Conference.

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

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Public for the Plenary conference)

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Method:

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Invited by the Organizing Committee and the Promoter;

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Proof of transparency;

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Largely representative and competent;

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200/250 people

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

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The Jury

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Method:

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9 members, chosen by the OC

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With experience in teamwork, not part of the WG nor of the OC, except for the President

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Provides consensual text: the recommendations

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Bound to secrecy

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

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The Jury

Name Profession and titles Country Simona Cristea Magistrate, Full professor at the University of Bucharest, Faculty of Law Romania Christiane Féral-Schuhl Founding partner of Féral-Schuhl / Sainte Marie and immediate past President of the Bar of Paris France Eugenio Gay Montalvo Vice-president emeritus of the Spanish Constitutional

• Court. Academician

Spain Alain Nuée Honorary First President at the Appeal Court of Versailles, President of the Orientation Committee of the EEEI. France Anne Sanders Associate Professor for Civil and Comparative Law. University of Bonn. Germany Daniele Santossuosso Professor of Commercial Law at the University of La Sapienza in Rome Italy Jacques Sluysmans Founding partner at Van der Feltz advocaten in The Hague and professor of Expropriation Law at Radboud University in Nijmegen Netherlands Duarte Nuno Vieira Full Professor of Forensic Medicine, Ethics and Medical Law, University of Coimbra President of the European Council of Legal Medicine Portugal Thomas Walford Governor of the Expert Witness Institute & Chief Executive

• f Expert Evidence Limited

United Kingdom

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

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Method:

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Before the conference

 Individual work from Jury

members

 Meetings in sub-groups  Establish the list of questions

for the WG



During the conference

 The President will coordinate

all the reports, WG presentations, and Jury and public discussions.

 The Jury will collect all the

information provided by the WG and the public.

Plenary conference May 29th 2015 in Rome

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Italian Court of Cassation in Rome

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29th May

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Means of dialogue with the public;

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Written questions submitted to the

• rganizers, and public reply within

30 minutes

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

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In camera Jury deliberation

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Methodology:

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The Jury draws up a text answering the questions that were raised, thus forming the recommendations

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Provides one long text and one short text

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Defines the degree of consensus

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Effective secretariat

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3 meetings

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Rank recommendations from l to V

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

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The 4 Working Themes

Identified during the EUREXPERTISE project and that correspond to the 4 Working Groups for the EGLE project

• 1. Appointing an expert: mission and expectations
• 2. Expert proceedings and the expert’s report
• 3. Qualifications, Competence, and the evaluation of experts
• 4. The status and ethics of experts: free exercise and

liability.

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

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Working Group 1 Appointing an expert: mission and expectations

Name Profession and Titles Country Béatrice Deshayes German and French lawyer (Bars of Cologne and Paris), partner

• f the law firm HW&H, Paris

Germany Sylvain Eloit Expert at the Court of Appeal of Paris and the Administrative Courts of Appeal of Paris and Versailles, France France Gianfranco Gallo Magistrato a la Corte d'Appello di Brescia / Prosecutor in the Prosecutor’s Office for Juveniles in Brescia, Italy. Italy Alain Henderickx Lawyer at the French Bar of Brussels, Belgium Belgium Jacques Honkoop Expert, arbitrator and mediator in ICT-conflicts, Netherlands Netherlands Norbert Koster Judge at the Court of Appeal in Hamm, Germany Germany Hans Mulder Prof.dr.ing. at University of Antwerp & AMS, managing director Viagroep nv, mediator, arbitrator and (LRGD) expert, Belgium and the Netherlands Netherlands Rafael Orellana de Castro Court expert on documents, lawyer and partner at “Gabinete Jurídico Pericial Orellana” in Barcelona, Spain. Spain Assya Subeva Judge Bulgaria Alfonso Valero Academic United Kingdom

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

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Working Group 2 Expert proceedings and the expert’s report

Name Profession and Titles Country Galina Arnaudova Judge at the Civil College of Plovdiv Court of Appeal Bulgaria Michel Beaudout Former Judge at the Tribunal de Commerce Nanterre France Carlo Bianchetti Judge at the Appeal Court of Brescia Italy Anne Demoulin Judge at the tribunal de première instance in Liège Belgium Patricia Grandjean President of the Court of Quimper, France France Allen Hirson Expert, Senior Lecturer in Phonetics & Forensic Speech Scientist City University London United Kingdom Nico Keijser Secretary of the Administrative Council

• f the Landelijk Register van Gerechtelijke Deskundigen

(LRGD) Netherlands Julie Lodomez Lawyer Belgium Franklin Simain Academic and Expert Belgium

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

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Working group 3 Qualifications, Competence, and the evaluation of experts

Name Profession and Titles Country William Buyse M.Sc. Civil Engineering – C.E.O. of C.E.M. Consulting Belgium Maria Grazia Cassia Judge at the Appeal Court of Brescia Italy Etienne Claes Accountant, Tax Advisor Belgium Pierre Garbit Honorary judge. Former President of the High Court of Lyon. France Solange Govindama Lawyer at the Bar of Paris, Arbitrator France Robert Hazan Expert France Kay Linnell Forensic Accountant, Judicial Expert United Kingdom Nienke Mulder Senior Policy Officer NRGD. Netherlands Register Court Experts Netherlands Gilles Perrault Expert par la cour de Cassation. Dircetor of Publication Revue Experts France Johannes Riedel Former President, Court of Appeal Cologne. Former Vice- President, Constitutional Court of North-Rhine-Westphalia, Munster Germany Barry Turner Lawyer, Senior lecturer United Kingdom Gerard Wusiman Director of StAB, Lawyer, Deputy judge, Mediator Certified Supervisory board membership Netherlands

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

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Working Group 4 The status and ethics of experts: free exercise and liability

Name Profession and titles Country Sergio Cassia Judge at the Appeal Court of Brescia Italy Daniel Dessard Avocat, ancien membre du conseil de l'ordre. Collaborateur scientifique de l'université de Liège. Juge suppléant. Belgium Pierre Garbit Honorary judge. Former President of the High Court of Lyon. France Dominique Heintz Partner at HW&H France Philippe Jacquemin Judicial Expert, Vice president of the EEEI France Viviane Lèbe-Dessard Honorary President of the Labour Court of Liège Belgium Alexander Mackay Architect Expert Witness Governor of the Expert Witness Institute Member of the Quality Standards Group for the Forensic Science Regulator United Kingdom Eduardo Martin Expert Spain François Nivet Judge at the French Court of Cassation France Pol Van Iseghem President of the Tribunal de Commerce of Ghent Belgium

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

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In practice: Schedule for the meetings

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Organizing Committee: 9 April 2014, 11 June, 16 Sep., 18 Nov., 4 Feb 2015, 15 Apr; 10 June; *22 July; 9 Sep; 4 Nov. 2015

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Working Group 1: 3 Sep 2014 in Barcelona, 21 Nov. 2014 in Paris, 13 Feb. 2015 in Paris;

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Working Group 2: 3 Sep 2014 in Paris, 19 Nov. 2014 in Paris, 14 Jan. 2015 in Milan;

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Working Group 3: 17 Sep. 2014 in Koln; 19 Nov. 2014 in Paris and 21 Jan. 2015 in Paris

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Working Group 4: 24 Sep 2014 in Ghent; 19 Dec 2014 in Paris; 26 Jan. 2015 in Paris; 16 Feb. in Paris

Kickoff meeting in Brussels on 9th July 2014 Plenary Conference 29th May 2015 in Rome Jury deliberations 30th May 2015 in Rome 3rd July 2015 in Paris 11th September in Lisbon

Some of these meetings can be attended by videoconference.

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

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In practice: Reception of documents



By 31 March 2015 each WG will provide:



a 10 to 25 page document (in Word format, Arial, body 11), answering the questions asked in the canvas, along with bibliographical references.



a PowerPoint presentation including 10 slides

• n

a neutral background, for Presentation during the public debate of 29 May 2015.

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These documents will be transmitted to the Data Study Group, which will ensure a general cohesion of the texts.

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After the work has been harmonised to follow the graphic charter, the presentations will be submitted to the OC for 27 April 2015 for a final validation and transmitted to the Jury.

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

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In practice: EGLE plenary conference

Civil judicial expertise in the European Union Friday, 29 May 2015 in the Italian Court of Cassation

Agenda:

• 8:30

Welcome coffee and registration of participants

• 9:30

Welcome address by Mr Giorgio Santacroce, First President of the Italian Court of Cassation

• 9:45

Presentation of the EGLE project by Mr Alain Nuée, Honorary First President of the Appeal Court of Versailles, and Mr Philippe Jacquemin, Expert and Vice-President of the EEEI

• 10:15-12:30

Presentation and debates Working Groups 1 and 2

• 12:30-14:00

Lunch

• 14:00-17:00

Presentation and debates Working Groups 3 and 4

• 16:30

General summary and closing speeches

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

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In practice: EGLE plenary conference

The EGLE conference took place on 29th May 2015 in the Supreme court of Cassation in Rome. People were invited to attend by the EEEI, by the EGLE Organizing Committee and by individual members of the Working Groups. They had sometimes learned of the conference through the EEEI website, La Revue Experts, or through their associations or companies. 160 people attended:

• Lawyers
• Experts
• Judges
• Academics
• Presidents or representatives of High Courts

22 countries European and International institutions represented:

• CEPEJ
• OCDE
• European Commission
• European Parliament

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

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In practice: Jury meetings and deadlines



Jury meetings:

• Plenary session 29 May and in camera 30 May

2015 in Rome. Second in-camera deliberations on July 3rd in Paris. Third and last meeting

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September 11th in Lisbon.



Recommendations are written in French and in

• English. The French version prevails.



Deadline to submit the European Guide for Legal Expertise: 15 October 2015

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

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In practice: The Guide to Best Practice



During the Jury’s last meeting in Lisbon on September 11th, they will make the final changes to the European Guide to Legal Expertise.



It will initially be published in French and English (the French version of the document prevails).



The deadline to submit the European Guide for Legal Expertise to the European Commission is 15 October 2015.



The Guide will be made available online in October and a limited number of printed copies will also be made.



An abstract of the Guide will also be made available in several languages to make it easier to share the Guide in all European Union countries, while waiting for it to be translated into the other EU country languages. Should you wish to receive the EGLE Guide to best practices in civil judicial expertise,

• r

if you would like to get involved in its translation and/or dissemination for your own country, please contact: egle.guide@experts-institute.eu

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

Notes

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

Notes

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

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Contact

Contact details: Jean-Raymond LEMAIRE 92, rue Anatole France – 92300 Levallois-Perret – France Tel: +33 (0)1 41 49 07 60 – Fax: +33 (0)1 41 49 02 89 egle.guide@experts-institute.eu contact@experts-institute.eu www.experts-institute.eu EEEI s/c Cour d’Appel de Versailles 5, rue Carnot – 78000 Versailles – France

EUROPEAN EXPERTISE AND EXPERT INSTITUTE

INSTITUT EUROPEEN DE L’EXPERTISE ET DE L’EXPERT

(Not for profit organisation)

This publication has been produced with the financial support of the Civil Justice Programme of the European Union. The contents

• f this publication are the sole responsability of the EEEI and can in no way be taken to reflect the views of the European

Commission.