Strasbourg, 26 November 1998
CJ-DA (98) 6
EUROPEAN COMMITTEE ON LEGAL CO-OPERATION
(CDCJ)
PROJECT GROUP ON ADMINISTRATIVE LAW
(CJ-DA)
11th meeting
Strasbourg, 23-26 November 1998
SUMMARY MEETING REPORT FOR THE ATTENTION OF THE CDCJ
Document prepared by the Secretariat
Directorate of Legal Affairs
Foreword
The Project Group on Administrative Law (CJ-DA) held its 11th meeting in Strasbourg, 23-26 November 1998. The following document is a summary report of that meeting including the decisions taken by the CJ-DA. It is intended to provide the CDCJ with the necessary information and text required to take decisions concerning the activities in the field of administrative law.
Action required
Members of the CDCJ are called up on to:
· Take note that the CJ-DA has approved and transmitted to the CDCJ for adoption: a Preliminary-draft recommendation of the Committee of Ministers on the Status of Public Officials in Europe (document CJ-DA (98) 3 rev. 2/CDCJ (98) 52) and, a Draft report on the Status of Public Officials in Europe. The CDCJ is invited to include these texts in the agenda for its Spring meeting in 1999.
· Approve the Preliminary-draft specific terms of reference of the CJ-DA for 1999-2000 and transmit them to the Committee of Ministers for adoption.
· Take note that the CJ-DA has elected Mr SILVEIRA (Portugal), Mr NIEMIVUO (Finland) and Mrs CEBIŠOVÁ (Czech Republic), respectively Chairman, 1st Vice-chairman and 2nd Vice-chair for one year, and has appointed Mrs GÓRZINSKA (Poland) as representative in the meetings of the Group of Specialists on the Access to Official Information (DH-S-AC).
I. Introduction
The Project Group on Administrative Law (CJ-DA) held its 11th meeting in Strasbourg, 23-26 November 1998. The meeting was chaired by Mr SILVEIRA (Portugal), Chairman of the CJ-DA, and the Project Group was assisted by Mr BODIGUEL, expert-consultant. The list of participants appears in Appendix I and the agenda in Appendix II.
II. Programme of activities for 1998
a. Status of Public Officials in Europe
The CJ-DA considered and adopted a preliminary-draft Recommendation of the Committee of Ministers on The Status of Public Officials in Europe and decided to transmit it to the CDCJ for adoption.
In addition, the CJ-DA formally approved a report on the Status of Public Officials in Europe subject to factual amendments that national delegations were invited to submit to the Secretariat before 31 December 1998. The CJ-DA decided to transmit the report to the CDCJ for adoption and publication and expressed its wish that, once approved by the Committee of Ministers, the recommendation mentioned above be published together with the report.
The CJ-DA concluded that with the adoption of these texts, the Project Group had fulfilled the terms of reference given to it by the Committee of Ministers (Appendix III).
b. European Charter of Public Services
At its last meeting (10th meeting, October 1997), the CJ-DA had discussed the feasibility of this activity aimed at producing a set of principles on which member states could agree for bringing public services closer to people by increasing their public accountability and allowing the public a role in setting public service priorities, by improving the efficiency of public service provision and by harmonising the duties, responsibilities and rights of the staff who provided the services.
The CJ-DA had approved a questionnaire for gathering preliminary information that would allow it to determine whether conditions were right for drawing up a draft European Charter on Public Services.
On the basis of the replies, the Secretariat prepared a summary (see document CJ-DA (98) 1, Appendix II).
The CJ-DA considered the information gathered and concluded that it was not necessary to pursue any further the activity for a number of political and practical reasons and referred to the existing Recommendation No. (97) 7 of the Committee of Ministers on local public services and the rights of their users.
c. Participation of the CJ-DA in the activity on Access to Official Information
Since 1996, under the auspices of the Steering Committee on the Mass Media (CDMM), the Group of Specialists on Access to Official Information (MM-S-AC) has been pursuing an activity on access to information held by administrative authorities. In 1998 the Committee of Ministers decided that this activity would be carried on by the Steering Committee for Human Rights (CDDH) - in particular a group of specialists - and that 3 representatives of the European Committee on Legal Co-operation (CDCJ) would participate. The CDCJ, for its part, decided that it would be represented by one member of the CDCJ, one member of the CJ-DA and one member of the Project Group on Data Protection (CJ-PD).
The CJ-DA was informed that Mr SILVEIRA, Chairman of the CJ-DA represented the Project Group at the meetings of the DH-S-AC in 1998 due to the fact that the CJ-DA did not have the possibility of appointing a representative.
The CJ-DA appointed Mrs GÓRZINSKA (Poland) as representative at the meetings of the DH-S-AC during 1999.
III. Programme of activities for 1999
The CJ-DA considered a proposal from the Secretariat to carry out an activity on Peaceful Settlement of Disputes Between the Administrative Authorities and Private Parties.
The purpose of the activity is to explore the practical alternatives to administrative proceedings in disputes between the authorities and individuals. Such alternatives include, for example, mediation and introducing independent bodies for settling disputes; with a view to making administration and the administrative courts more efficient and relieving the administrative courts of a substantial part of their caseload.
The CJ-DA agreed to implementing this activity and adopted preliminary-draft specific terms of reference (Appendix IV). It asked the Secretariat to transmit the preliminary-draft terms of reference to the CDCJ for adoption and transmission to the Committee of Ministers.
The CJ-DA agreed that the activity could possibly be implemented as follows:
- preliminary examination of matters relating to friendly settlement of disputes between individuals and the authorities;
- preparation and adoption of a report on friendly settlement of administrative-law disputes;
- preparation, if appropriate, of a draft instrument (Committee of Ministers recommendation) on the matter, to be submitted to the CDCJ and then to the Committee of Ministers for approval.
In addition, the CJ-DA decided the setting up of a Working Party in order to assist the CJ-DA in carrying out the activity. The CJ-DA-GT would be open to all the member States and observers in the CJDA. The Council of Europe would defray the travel and subsistence expenses of one expert from 8 member States.
IV. Meetings of the CJ-DA for 1999
In accordance with the proposals for the Council of Europe’s draft 1999 budget and subject to the decision of the Committee of Ministers, the CJ-DA agreed to holding two plenary meetings and two meetings of the Working Party in 1999.
It further agreed that the first plenary meeting would be in the form of a Conference on Peaceful Settlement of Disputes Between the Administrative Authorities and Private Parties. The Conference would bring together the CJ-DA members and a number of independent experts (4 or 5) with a view to studying the various aspects of the subject.
The CJ-DA agreed that at the end of the Conference, it would decide on the specific follow-up to the activity, including the decision on the member States whose expenses relating to the participation in the Working Party would be defrayed by the Council of Europe.
A possible timetable for the meetings in 1999 is shown below:
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V. Election of the Chair, 1st Vice-Chair and 2nd Vice-Chair
In accordance with Article 17 of Appendix 2 to Resolution (76) 3 of the Committee of Ministers, the CJ-DA elected Mr SILVEIRA (Portugal), Mr NIEMIVUO (Finland) and Ms CEBIŠOVÁ (Czech Republic), respectively Chair, 1st Vice-Chair and 2nd Vice-Chair of the CJ-DA for a period of one year expiring 31 December 1999.
Appendix I
ALBANIA / ALBANIE
Mr Gent IBRAHIMI, Advisor of the State Minister for Legislative Reform and Relations with Parliament, Keshili I ministrave, ministria E reformes legjislative, Rr Myslym Shyri, Pall. 60, ShK 2 Ap. 23 - ALB TIRANA
AUSTRIA / AUTRICHE
Mr Stephan LEITNER, Bundeskanzleramt Verfassungsdienst Ballhausplatz 2, A-1014 WIEN
BELGIUM / BELGIQUE
M. Didier CLAISSE, Conseiller adjoint au Service juridique de la Direction de la Législation et des Institutions nationales, 66, rue Royale - B-1000 BRUXELLES
CROATIA / CROATIE
Mr Edmond MILETIĆ, Assistant Minister, Ministry of Administration, Republike Austrije 16 CR-10000 ZAGREB
CZECH REPUBLIC / RÉPUBLIQUE TCHÈQUE
Mrs Taisia ČEBIŠOVÁ, National Training Fund, Václavské nám. 43 11000 PRAGUE 1
DENMARK
Mr Jens Christian BÜLOW, Head of Section, Ministry of Justice, Slotsholmsgade 10 – 1216 COPENHAGEN
ESTONIA / ESTONIE
Ms Dea HANNUST, Third Secretary, Division for International Law, Legal Department, Ministry of Foreign Affairs, Rävala 9 - EE-15049 TALLINN
FINLAND / FINLANDE
Mr Matti NIEMIVUO, Director of Legislation, Ministry of Justice, P.O. Box 1
FIN-00131 HELSINKI (Vice-Chairman - Vice-Président)
GERMANY / ALLEMAGNE
Dr Helmut KITSCHENBERG, President of the Federal Academy of Public Administration ret., Schweizerstrasse 18 - D-53474 BAD NEUENAHR
HUNGARY / HONGRIE
Mr András BEROS, Legal Counselor, Public Law Department, Ministry of Justice,
Kossuth ter 4 - H-1055 BJUDAPEST
IRELAND/IRLANDE
Mr Liam O’DALY B.L. Second Legal Assistant, Office of the Attorney General, Government Buildings, Upper Merrion Street, Dublin 2
ITALY / ITALIE
Mr Vittorio RAGONESI, Magistrat de la Cour de Cassation, Ministère de la Justice, Via Arenula - I-00186 ROME
LATVIA / LETTONIE
Mrs Jautrite BRIEDE, Lecturer of Administrative Law, Faculty of Law, University of Latvia, Raina 19 - LV-1586 RIGA
LITHUANIA / LITUANIE
Mr Kestutis LAPINSKAS, Judge of the Constitutional Court, Gedimino av. 36,
LV-2600 VILNIUS
MALTA / MALTE
Dr Peter GRECH, Assistant Attorney General, Office of the Attorney General, The Palace, MLT VALLETTA
MOLDOVA
Mme Maria SECRIERU, Chef de Section du Département de la législation, Ministère de la Justice, 82, rue du 31 août - MD-2012 CHISINĂU
NORWAY
Mrs Jane WESENBERG, Senior Executive Officer, Legislation Department, The Royal Ministry of Justice and the Police, PO Box 8005 Dep, N-0030 Oslo
POLAND/POLOGNE
Mme Teresa GÓRZIŃSKA, Chargée de recherches , Institut des Sciences Juridiques de l’Académie polonaise des Sciences, rue Nowy Swiat 72, - 00330 VARSOVIE (Patac Staszica)
PORTUGAL
M. Luis SILVEIRA, Procureur Général adjoint, Procuradoria-Geral de Republica, Palacio Palmela, R. Escola Politécnica, LISBONNE (Chairman - Président)
ROMANIA / ROUMANIE
Mme Maria MARITESCU, Directrice adjointe de la Direction Etudes, Elaboration des actes normatifs et Documentation, 17 rue Apolodor, secteur 5 - RO BUCAREST
SLOVAK REPUBLIC / RÉPUBLIQUE SLOVAQUE
Mr Sergej KOHUT, President of Senate Supreme Court, Župné námestie 13, SK-81490 BRATISLAVA
SLOVENIA / SLOVÉNIE
Mr Samo GODEC, Counselor to the Minister, Ministry of Interior, Administrative Academy, Kotnikova 8, SLO-1000 LJUBLJANA
SPAIN / ESPAGNE
Mme Paloma PLAZA GARCIA, Avocate de l'Etat, Ministère de la Justice, (addresse provisoire: Commission Européenne, 200, rue de la Loi, RP 11 8/71 - B-1040 BRUXELLES
«THE FORMER YUGOSLAVIAN REPUBLIC OF MACEDONIA»
«L'EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE»
M. Simeon GELEVSKI, Professeur à la Faculté de Droit, Université «Cyril and Methodius» ul. Hristo Smimenski n° 4 A - MK SKOPJE
TURKEY/TURQUIE:
Mme Idil ATAK-VALLIERES, Adjoint au Représentant Permanent, Représentation Permanente de Turquie auprès du Conseil de l’Europe, 23, boulevard de l’Orangerie, 67000 STRASBOURG
UKRAINE
Mr Volodymyr IVASCHENKO, Deputy Minister of Cabinet of Ministers, 12/2 Grushevsky Str., UA KYIEV
UNITED KINGDOM / ROYAUME-UNI
Dr Richard JARVIS, Branch Head, PMCSD, Cabinet Office, RM 75/3 Horse Guards Road - UK LONDON SW1P 3AL
OBSERVERS/OBSERVATEURS
INTERNATIONAL COMMISSION ON CIVIL STATUS/COMMISSION INTERNATIONALE DE L’ETAT CIVIL (CIEC): Apologised/Excusé
SCIENTIFIC EXPERT / EXPERT SCIENTIFIQUE
M. Jean-Luc BODIGUEL, Directeur de Recherche, Maison des Sciences de l'Homme «Ange Guépin», 21, boulevard Gaston Doumergue, BP 76235, F-44262 NANTES cedex 2
SECRETARIAT
Division of Public and International Law, Directorate of Legal Affairs
Division du Droit Public et International, Direction des Affaires Juridiques
Tél.: 33 03 9021 4600 - Fax: 33 03 8841 2764
M. Alexey KOZHEMYAKOV, Head of the Division / Chef de la Division
M. Rafael BENITEZ, Secretary of the CJ-DA - Secrétaire du CJ-DA
Tél.: 33 03 8841 3479, Fax: 33 03 8841 2764, E-mail: rafael.benitez@coe.fr
Mrs Judith LEDOUX, Administrative Assitant / Assistante administrative
Mme Francine NAAS, Assistant / Assistante
Appendix II
AGENDA
1. Opening of the meeting by Mr SILVEIRA, Chairman of the CJ-DA
Working document:
- Introductory document concerning the CJ-DA CJ-DA (98) Introd.
Reference document:
- Report on the 10th meeting of the CJ-DA
- (Strasbourg, 13-15 October 1997) CJ-DA (97) 7
2. Adoption of the agenda
Working document:
- Draft-agenda for the 11th meeting of the CJ-DA CJ-DA (98) OJ 1 rev.
3. Statement by the Secretariat
4. Programme of activities of the CJ-DA for 1998
Working document:
- Activities of the CJ-DA for 1998 and 1999 CJ-DA (98) 1
4.1 The status of public officials in Europe
a. Report on the Status of public officials in Europe
Working document:
- Draft-report on the Status of Public Officials in Europe CJ-DA (98) 2
Reference documents:
- Report of the 1st meeting of the CJ-DA-GT
(Paris, 3-5 June 1998) CJ-DA-GT (98) 5
- Report of the 2nd meeting of the CJ-DA-GT
(Paris, 23-25 September 1998) CJ-DA-GT (98) 7
- Selected texts, General Report and Conclusions of the Colloquy
on the Role and Structure of the Civil Service in a Democratic
State, Portoroz (Slovenia), 2-3 June 1994 CJ-DA-GT (98) 3
- Selected texts of the Colloquy on Civil Service Systems: the
European experience, Geneva (Switzerland),
26-27 October 1995 CJ-DA-GT (98) 4
b. Preliminary-draft Recommendation of the Committee of Ministers on the Status of Public officials in Europe
Working document
- Preliminary-draft recommendation of the Committee of Ministers
on the status of public officials in Europe CJ-DA (98) 3
Reference documents:
- Report of the 2nd meeting of the CJ-DA-GT
(Paris, 23-25 September 1998) CJ-DA-GT (98) 7
- Selected texts, General Report and Conclusions of the Colloquy
on the Role and Structure of the Civil Service in a Democratic
State, Portoroz (Slovenia), 2-3 June 1994 CJ-DA-GT (98) 3
- Selected texts of the Colloquy on Civil Service Systems: the
European experience, Geneva (Switzerland),
26-27 October 1995 CJ-DA-GT (98) 4
4.2 European Charter on Public Services
Working document:
- Activities of the CJ-DA for 1998 and 1999 CJ-DA (98) 1
Reference document:
- Recommendation of the Committee of Ministers
on Local Public Services and the Rights of their Users No R (97) 7
5. Programme of activities of the CJ-DA for 1999
Working document:
- Activities of the CJ-DA for 1998 and 1999 CJ-DA (98) 1
6. Election of the Chair and Vice-Chair of the CJ-DA for one year
Working document:
- Election of the Chair and Vice-Chair of the CJ-DA for one year CJ-DA (98) 4
7. Date and place of the next meeting
8. Other business
Appendix III
SPECIFIC TERMS OF REFERENCE
1. Name of committee: Project Group on Administrative Law (CJ-DA)
2. Type of committee: Committee of experts
3. Source of terms European Committee on Legal Co-operation (CDCJ)
4. Terms of reference:
Under the aegis of the European Committee on Legal Co-operation, the CJ-DA is instructed
i. to examine which general principles characterise the recruitment, training, ethics and status of civil servants and other public officials in European States;
ii. to propose measures designed to improve the efficiency and, where appropriate, facilitate the reform of civil service in a spirit of awareness of citizens' needs;
iii. where appropriate, to prepare a recommendation for adoption by the Committee of Ministers.
5. Membership of the committee:
a. The governments of all member States are entitled to appoint members with the following desirable qualifications: senior officials having responsibilities as regards the recruitment, training or status of public officials or academics with particular qualification in that field.
The Council of Europe's budget bears travelling and subsistence expenses for one expert per member State.
b. The European Commission may send a representative, without the right to vote or defrayal of expenses, to meetings of the committee.
c. The following States or bodies may send representatives, without the right to vote or defrayal of expenses, to meetings of the committee:
Canada
United States
Japan
OECD
International Commission on civil status
6. Working structures and methods: to be decided upon by the CJ-DA
7. Duration: 2 years. These terms of reference shall be reviewed before 31 December 1998.
Appendix IV
PRELIMINARY DRAFT SPECIFIC TERMS OF REFERENCE
1. Name of committee: Project Group on Administrative Law (CJ-DA)
2. Type of committee: Committee of experts
3. Source of terms European Committee on Legal Co-operation (CDCJ)
4. Terms of reference:
Under the aegis of the European Committee on Legal Co-operation, the CJ-DA is instructed
i. to examine the different systems of peaceful settlement of disputes between public administration and private parties (individuals or organisations), and examine the situation in this field in the member States of the Council of Europe;
ii. to propose guidelines for member States regarding the introduction or reform of their pre-litigation systems with a view to the peaceful settlement of disputes between public administration and private parties and to avoiding judicial litigation so as to lighten the burden on competent jurisdictions;
iii. where appropriate, to prepare a recommendation for adoption by the Committee of Ministers.
5. Membership of the committee:
a. The governments of all member States are entitled to appoint members with the following desirable qualifications: senior officials having responsibilities as regards administrative justice with significant knowledge of mediation in the field of administrative law.
The Council of Europe's budget bears travelling and subsistence expenses for one expert per member State.
b. The European Commission may send a representative, without the right to vote or defrayal of expenses, to meetings of the committee.
c. The following States or bodies may send representatives, without the right to vote or defrayal of expenses, to meetings of the committee:
Canada
United States
Japan
OECD
International Commission on civil status
6. Working structures and methods: to be decided upon by the CJ-DA
7. Duration: 2 years. These terms of reference shall be reviewed before 31 December 2000.
