Plenary Session of the CEPEJ at Strasbourg

The European Rechtspfleger as a person responsible for decisions

Written by Anne Kappl

In the plenary session of the CEPEJ on 9 and 10 December 2009, in which the president of the European Union of Rechtspfleger Thomas Kappl and the permanent representative of the E.U.R. at the Council of Europe Jean-Jacques Kuster took part, Kappl requested the introduction of the European Rechtspfleger in order to relieve the courts and to make justice more efficient and closer to the citizens. „In the meanwhile we have got an economic and financial crisis,” Kappl said. “Since the beginning of this crises, justice has to think about how to create a coordinated response to the challenges posed by the current crisis.

I think” Kappl explained in his speech in the plenary session, “the answer is to strengthen the justice systems in Europe with a new profession, which is able to decide independently to relieve the judges. It is clear that the current financial and economic crisis will have a considerable impact on the justice systems not only in Europe but also in the world. In the next few months we will get a rise in the number of cases. The rise in the number of cases may lead to overloading of Member States’ judicial systems, especially in orders for national and European payment procedures, bankruptcy and insolvency, enforcement, judicial sale and forced administration matters, matters of land register as well as commercial and register matters. These are ranges of the Rechtspfleger.”

Kappl demanded the creation of a well trained judicial profession, working alongside judges. “We need the creation of the European Rechtspfleger according to our Green Paper, to discharge the judges.

We need alternative proceedings, like an obligatory simplification procedure and mediation in order to discharge the civil courts, which could be led by the well trained judicial profession of Rechtspfleger. We need an efficient justice, which is accessible to citizens.”

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