EuroMed Justice II

OPENING CONFERENCE Brussels June 30, 2008

----------------------------------------------------------------Working Group I

onThe legislative reform in the field of access to

justice

Project Funded by the European Union

1José María Fernández Villalobos

SESSION 1

The universal meaning of ”Access to Justice”. Common elements

• The global framework on access to justice• The European Union and Council of Europe framework

in the field of access to justice– Rule of Law: individuals have an effective right in

practice to access to justice–What does access to justice mean?– How can the States guarantee this access?

Project Funded by the European Union

SESSION 2

Practical tools to improve the access to justice and legal aid.

• Legal aid, right of defense and cost of the proceeding. International comparative analysis.• Political, economic and technical conditions for the

efficiency of the above mentioned instruments for accessing justice. –Which is the content of the legal aid and right of

defense?– How can we improve them? – The information to the citizens as key issue

Project Funded by the European Union

SESSION 3

Access to justice for the most vulnerable groups: a priority that needs to be improved

• Access to justice of minors, women, mentally disabled people, victims, immigrants, low income groups, etc. International approach.

• Legal and practical international instruments to improve the access to jusice for the most vulnerable groups. – Ensuring equal access to justice for all – To bring justice closer to the most unprotected groups – The importance of an international approach

Project Funded by the European Union

SESSION 4

Access to justice through the efficiency of justice: management of justice systems, special reference

to practical ways of combating delays in the justice systems

• Parameters and instruments to evaluate the efficiency of justice: special reference to the European Commission for the Efficiency of Justice

• Practical tools to improve the efficiency of justice– The importance of evaluating the judicial systems – Delay in judicial proceedings: how to react– “Best practices “on time management of judicial proceedings

Project Funded by the European Union

WORKING TOGETHER

• Where are we?• Identification of common

priorities/needs to be improved• Practical cooperation to be developed

through the project.

Project Funded by the European Union

WHERE ARE WE?

• The most important thing: to be aware of the starting point

• Analysis of the situation in each Mediterranean partner

• Analysis of the situation in the whole region• To know the international framework in this

field

Project Funded by the European Union

IDENTIFICATION OF COMMON PRIORITIES/NEEDS TO BE IMPROVED

• Length of proceedings• Information of the citizens• Use of alternative conflict-resolution methods• Free advice to people with low incomes• Discrimination of women• Shortcomings in the legal frameworks, etc

Project Funded by the European Union

PRACTICAL COOPERATION TO BE DEVELOPED THROUGH THE PROJECT

• Exchange of experiences and good practices• Promote dialogue• Support legislative reform, if necessary, in the

field of access to justice • Draw up a training programme to be

developed through this project according to the evaluation made during the Working Group meetings.

Project Funded by the European Union