This project is co-funded by the Civil Justice Programme of the European Union EGLE JUST/2013/JCIV/AG/4664 European Guide to Legal Expertise CONSENSUS CONFERENCE on 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 Partners: CNEJ – BE LRGD – NL SEFITA – BG ACPJ – ES Cjo Gral. Peritos Judiciales - ES September 2015 1
This project is co-funded by the Civil Justice Programme of the European Union What is a “consensus conference"? “A standardised method to scientifically pilot a collective debate in order to discuss controversial issues and provide public recommendations” . The method used here has been adapted for the field of justice from a method that has been largely used in the field of health. 2
This project is co-funded by the Civil Justice Programme of the European Union Organisation THE PROMOTER : EEEI Found means for Chose the Entrusted the organisation of funding topic Preparation the conference to the ORGANIZING COMMITTEE= OC Defined the topics Formed a Data Study Group for Invited the public Appointed existing texts 4 WORKING GROUPS = WGs THE JURY INTERMEDIATE DOCUMENT Conference PLENARY CONFERENCE IN CAMERA JURY DELIBERATION DISSEMINATE RECOMMENDATIONS 3 3
This project is co-funded by the Civil Justice Programme of the European Union Promoter: EEEI 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. 4
This project is co-funded by the Civil Justice Programme of the European Union Organizing Committee Methodology: Made up of: Members are appointed by the Promoter but Judges the OC remains independent Experts Lawyers 10 members including one in charge of supervising the methodology Law professors See list of OC Members Its president represents the EEEI = the page 6 Promoter Members of the OC do not participate in the President: Jury work (except for the President) Alain NUEE, Role: President of the EEEI Chooses the working method • Orientation Committee, Appoints a Data Study Group to review • Former First President of the existing texts and material Appeal Court of Versailles, Writes out the questions • France 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. • … 5
This project is co-funded by the Civil Justice Programme of the European Union 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 6
This project is co-funded by the Civil Justice Programme of the European Union Data Study Group Methodology: 4 to 6 members who have the know-how to study texts Use the results of the EUREXPERTISE project, among other material; Provide an objective analysis of the current procedures across the various European Member States; 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. 7
This project is co-funded by the Civil Justice Programme of the European Union Data Study Group 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 8
This project is co-funded by the Civil Justice Programme of the European Union Working Groups Method: Appointed by the Organizing Committee; Members represent several fields, not only Justice; Public list; Each WG will address specific questions drawn up by the OC; 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; The WG will present their work and proposals during the Plenary Conference. 9
This project is co-funded by the Civil Justice Programme of the European Union Public for the Plenary conference) Method: Invited by the Organizing Committee and the Promoter; Proof of transparency; Largely representative and competent; 200/250 people 10
This project is co-funded by the Civil Justice Programme of the European Union The Jury Method: 9 members, chosen by the OC With experience in teamwork, not part of the WG nor of the OC, except for the President Provides consensual text: the recommendations Bound to secrecy 11
This project is co-funded by the Civil Justice Programme of the European Union The Jury Name Profession and titles Country Simona Cristea Magistrate, Full professor at the University of Bucharest, Romania Faculty of Law Christiane Féral-Schuhl Founding partner of Féral-Schuhl / Sainte Marie and France immediate past President of the Bar of Paris Eugenio Gay Montalvo Vice-president emeritus of the Spanish Constitutional Spain Court. Academician Alain Nuée Honorary First President at the Appeal Court of Versailles, France President of the Orientation Committee of the EEEI. Anne Sanders Associate Professor for Civil and Comparative Law. Germany University of Bonn. Daniele Santossuosso Professor of Commercial Law at the University of La Italy Sapienza in Rome Jacques Sluysmans Founding partner at Van der Feltz advocaten in The Hague Netherlands and professor of Expropriation Law at Radboud University in Nijmegen Duarte Nuno Vieira Full Professor of Forensic Medicine, Ethics and Medical Law, Portugal University of Coimbra President of the European Council of Legal Medicine Thomas Walford Governor of the Expert Witness Institute & Chief Executive United Kingdom of Expert Evidence Limited 12
This project is co-funded by the Civil Justice Programme of Plenary conference the European Union May 29th 2015 in Rome Method: ■ Before the conference Italian Court of Cassation in Rome 29th May Individual work from Jury members Meetings in sub-groups Means of dialogue with the public; Establish the list of questions for the WG Written questions submitted to the organizers, and public reply within During the conference 30 minutes 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. 13
This project is co-funded by the Civil Justice Programme of the European Union In camera Jury deliberation Methodology: Effective secretariat The Jury draws up a text answering the questions that were raised, thus forming the 3 meetings recommendations Rank recommendations Provides one long text and one from l to V short text Defines the degree of consensus 14
This project is co-funded by the Civil Justice Programme of the European Union 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. 15
This project is co-funded by the Civil Justice Programme of the European Union 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 Germany of the law firm HW&H, Paris Sylvain Eloit Expert at the Court of Appeal of Paris and the Administrative France Courts of Appeal of Paris and Versailles, France Gianfranco Gallo Magistrato a la Corte d'Appello di Brescia / Prosecutor in the Italy Prosecutor’s Office for Juveniles in Brescia, 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 Netherlands Viagroep nv, mediator, arbitrator and (LRGD) expert, Belgium and the Netherlands Rafael Orellana de Castro Court expert on documents, lawyer and partner at “ Gabinete Spain Jurídico Pericial Orellana” in Barcelona, Spain . Assya Subeva Judge Bulgaria Alfonso Valero Academic United Kingdom 16
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