Activities survey 2007

1. Development of the website
   

   The site provides access to:

   • reports from all 20 previous colloquiums (around 12,000 pages).
   • Reflets, a bulletin published (in French only) by the Court of Justice of the European Communities;
   • the sites of nearly all the member institutions;
   • the information network (see below).

The website is updated regularly, as are its databases (e.g. annual update of the DEC-NAT database), including reports on seminars, newsletters, changes in members' details and so forth).

A new heading “Tour of Europe” has been created. This heading gives an overview of the administrative justice in each Member State of the Union. For each Member State, this overview sums up the situation on 78 themes regarding administrative justice.

Various actions have been undertaken in order to increase awareness about the possibilities of information and in particular about its databases.

2. Information network

• DEC-NAT databank

The documentation department at the Court of Justice of the European Communities holds files on around 19,000 national decisions. Pursuant to an agreement between the Court of Justice and the Association, these data were transmitted to the Association, which compiled them in a searchable databank. The work was completed in early 2003 and the DEC-NAT databank can be accessed free of charge via the Association's website.

The following information is given for each decision listed in DEC-NAT:

• national references: names of parties, national provisions applied and relevant articles of doctrine;
• international or European references, Community provisions applied (if any);
• an analysis of the decision: keywords, i.e. a summary of the purpose of the decision;
• in some cases, a fourth section with the preliminary ruling of the Court of Justice.

The data base is updated on a regular basis.

The application interface has been translated into English by the General Secretariat.

• JURIFAST rapid information system for case law

Using a login and password, the documentation and research departments of the member courts can upload recent and unpublished decisions to the JURIFAST system. JURIFAST is accessible to the public (in French and English) via the Association's website and provides the following information:

• the date of the decision and a summary;
• the full text of the decision in the original language;
• a reference to the provision(s) of Community law applied, with a link to said provision(s) in all of the EU languages;
• a summary of the decision;
• in some cases, a direct link to the preliminary ruling of the Court of Justice in all the EU languages;
• in some cases, a direct link to the ruling of the national court following the preliminary ruling of the Court of Justice.

The JURIFAST system has been operational since 1 February 2004.

As at 31 December 2007, 360 decisions had been entered into the system. The system has been assessed and improved based, among other things, on the conclusions of the last research and documentation departments' seminar.

• Non-public network

A forum is up and running. The aim of the forum is to allow all magistrates and members of research and documentation departments to exchange information and ask questions. The system was set up at the beginning of 2005.

As at 31 December 2007, 146 members had registered in the forum and had posted 270 messages on 85 discussion topics.

The forum has been assessed and improved based on the conclusions of the last research and documentation departments' seminar.

• Newsletter

The Newsletter is published on paper and electronically on the Association's website.

Eighteen newsletters have been published since 2002.

In 2007, two newsletters were published:

• newsletter no. 17 (March 2007) gives a comprehensive overview of the website, in particular the databases and how to use them;

• newsletter no. 18 is focused mainly on the organisation of the legal systems in the various Member States and the position of administrative jurisdictions therein.

3. Publications

   • Newsletter

   See above.

   • Vade mecum

   This brochure, available in both French and English, provides a summary of the Association's composition, background and activities. It shows how to use the website and also contains the exact status of and contact details for each of the members.

   The vade mecum 2007 has been published and distributed.

   • General report on the Leipzig Colloquium held on 28-29 May 2006

   The general report on the Leipzig Colloquium on the planning of road infrastructure in Europe is contained in a highly detailed publication in English, French and German accompanied by a CD-ROM containing the 25 national reports.

   The publication contains the following:

   Introduction

   Questionnaire

   I. Process of planning road infrastructure in the EU Member States: common points and differences

   II. Channels for legal appeals against European planning decisions

   III. Impact of European environmental law on national planning law

   Conclusion

   • Study on administrative justice in Europe

   The work on administrative justice in Europe which was the focus of the Trier seminar held on 12 December 2005 and the Paris Colloquium held on 16 March 2007 are covered in a summary published in French and English by the French University Press (PUF). The summary was produced thanks to a partnership between the Association and the French public body Mission de recherche droit et justice.

   The publication is accompanied by a CD-ROM containing contributions in French and English to the Paris Colloquium held on 16 March 2007, all the national reports and links to the Association's site and, more specifically, the section entitled Tour of Europe.

   In addition, discussions are underway on publishing the Colloquium documents in paper form.

4. Seminars

The Association organises meetings for a small number of participants on more specific topics.

Three seminars were held in 2007:

• Seminar held on 15 March 2007 in Paris

This seminar was held at the French Council of State and was for the Association's members and observers only. It was chaired by the Vice-President of the French Council of State and was attended by representatives of the Association's 27 members and observers.

The following items appeared on the agenda:

• presentation of the new section of the Association's website entitled Tour of Europe;

• discussion based on a number of recent rulings by the French Council of State (Arcelor Atlantique et Lorraine et al., M. Gardedieu, Société De Groot en Slot Allium B.V. and Société Bejo Zaden B.V.);

• the concept of a Europe of Justice: proposed ways in which administrative justice can play a role in building a Europe of Justice.

• Paris Colloquium held on 16 March 2007

The colloquium represented the culmination of the study on administrative justice in Europe conducted in partnership with Mission de recherche droit et justice. The project was carried out under the scientific leadership of three lecturers at the University of Limoges. A steering committee comprising representatives both of the Association and of the Mission de recherche droit et justice were responsible for follow-up and general coordination of the project.

A total of 29 member courts and observers were represented at the colloquium which, for the first time in the Association's history, was also open to the public: 300 people registered and took part in the event which was actively publicised at European level (in particular via Euractiv) and in France (via articles and advertisements in major legal publications).

The Association played an active role in the colloquium by sending 12 contributors including chairpersons, rapporteurs and discussion leaders.

The following topics were addressed:

• The bodies responsible for ruling on administrative matters (under the chairmanship of Professor B. Pacteau), primarily the jurisdiction of courts other than administrative courts to rule on administrative matters;

• the status of administrative judges (under the chairmanship of R. Andersen, First President of the Belgian Council of State), primarily performance of duties and impartiality;

• operation of the administrative process (under the chairmanship of J. Murray, President of the Irish Supreme Court), primarily responses to the increased number of applications: judge sitting alone and screening procedures;

• effect of legal decisions (under the chairmanship of J.-M. Sauvé, Vice-President of the French Council of State), adjustment of the effects of legal decision.

• Seminar for the research and documentation departments, held in Brno on 18 and 19 October 2007

The Supreme Administrative Court of the Czech Republic has agreed to host the annual seminar for the member courts' research and documentation departments. It was held in Brno on 18 and 19 October 2007.

• Meeting in Den Haag on 3 december 2007

At the request of the Council of State of the Netherlands a workgroup was set to reflect about a reform of the preliminary ruling proceedings before the European Court of Justice. A first meeting of this workgroup was held in Den Haag on 3 December 2007.

5. Working visits by judges in 2007

   In 2007, eight two-week working visits for judges (from administrative and supreme courts) occured via the European programme.

6. Admission of new members and new observers

The Association wishes in accordance to its statutes, to welcome as observers the corresponding institutions of countries which have started membership negotiations with the European Union.

On the 1st of January 2007, were admitted as members:

• the Supreme Administrative Court of Bulgaria;
• the High Court of Cassation and Justice and the Legislative Council of Romania;

The Association considers it a priority to offer these institutions the best assistance possible in getting to know the European legal system.

The new members and observers were invited to participate actively in all the Association's activities in 2007 and the Association has tried to promote and coordinate bilateral contacts.

7. Contact with European authorities and other European networks

The Association maintains regular contact with the Court of Justice (a founding member of the Association), the Parliament (and in particular the Committee on Citizens' Rights, Justice and Home Affairs) and the Commission (above all with the Commissioner for Justice and Home Affairs and with the Legal Service). These contacts were continued in 2007.

Justice and Home Affairs (JHA) representatives from Permanent Representations, officials from DG Justice and Home Affairs and the legal departments of the European Commission and the Council along with the Secretary of the European Parliament's LIBE Committee have been invited to attend a demonstration of the Association's website including a presentation on its activities. This meeting was held the 24 May 2007 at the Belgian Council of State.

Lastly, the Association has collaborated with other European networks, such as the European Judicial Training Network, with which a partnership agreement has been concluded at the General Assembly in Warsaw on 14 May 2007. The partnership covers three areas:

• Exchanges of judges: Starting in 2008, the Association will have an exchange quota of 25 supreme (administrative) court judges under a European programme operated by the Network.

• Judges from the Association's member courts can attend the training seminars of the various national training institutes that are part of the European Judicial Training Network. National judges can attend the Association's seminars and colloquiums.

• With a view to explaining the operation of the databases and website, the Association can take part in national training programmes or in a training seminar organised by the Network.

8. Statutory meetings

The statutory meetings have been held on the following dates:

• the first board meeting and the general assembly on 13 and 14 May 2007 in Warsaw;
• the second board meeting on 12 November 2007 in Brussels.