Judicial Reforms in Luxembourg and Europe

Transkript

1 Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law Burkhard Hess (ed.) Judicial Reforms in Luxembourg and Europe Nomos 1

2 Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law edited by Prof. Dr. Burkhard Hess Volume 1

3 Prof. Dr. Burkhard Hess (ed.) Judicial Reforms in Luxembourg and Europe Nomos

4 Die Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the Internet at ISBN (Print) (epdf) British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN (Print) (epdf) Library of Congress Cataloging-in-Publication Data Hess, Burkhard Judicial Reforms in Luxembourg and Europe Burkhard Hess (ed.) 182 p. Includes bibliographic references and index. ISBN (Print) (epdf) 1. Edition 2014 Nomos Verlagsgesellschaft, Baden-Baden, Germany Printed and bound in Germany. This work is subject to copyright. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, re-cording, or any information storage or retrieval system, without prior permission in writing from the publishers. Under 54 of the German Copyright Law where copies are made for other than private use a fee is payable to Verwertungsgesellschaft Wort, Munich. No responsibility for loss caused to any individual or organization acting on or refraining from action as a result of the material in this publication can be accepted by Nomos or the editor.

5 Foreword In September 2012, the Max Planck Institute for International, European and Regulatory Procedural Law was established as an actor in the academic world of Luxembourg. One of the Institute s major research topics relates to the organisation and the performance of judicial systems. This relatively new research area uses sophisticated tools which were not available several years ago, such as the collection and processing of data on the performance of the judiciary, to compare the infrastructures of judicial systems. In addition, this topic has constitutional underpinnings as it relates to the guarantee of efficient and timely access to justice. In spring 2013, when the (former) government of Luxembourg announced its plans for a far-reaching reform of the judicial system of Luxembourg, the Max Planck Institute organised an international conference which addressed not only the reform proposals, but adopted a broader comparative and constitutional perspective. This first volume of the new book series of the Max Planck Institute Luxembourg contains all the conference presentations. The topic of this volume also demonstrates the interest and willingness of a new research institution to contribute to political debate in the Grand Duchy, which generously finances the Max Planck Institute. The book series of the Max Planck Institute on International, European and Regulatory Procedural Law will comprise books on research performed by the Institute and its collaborators. It will also comprise studies on dispute resolution that have a strong relationship to the research profile of the Institute. It is the hope and intention of the director of the Institute that this book series will contribute to scientific and academic debates not only in the Grand Duchy but also in the European Judicial Area. Luxembourg, 10 July 2014 Burkhard Hess 5

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7 Contents I. Introduction Judicial Reforms in Luxembourg and Europe: International and Comparative Perspectives 11 Burkhard Hess, Georgios Dimitropoulos II. La Cour suprême Avis sur l'avant-projet de loi portant organisation de la Cour suprême 33 Rusen Ergec, Séverine Menétrey The Compatibility of the Luxembourgish Draft Law on Judicial Reform with the European Convention on Human Rights 43 Christos L. Rozakis Judicial Reform in Luxembourg: Avenues and Opportunities 53 Sophie Turenne III. Le Conseil national de la Justice (CNJ) Avis sur l Avant-projet de loi portant organisation du Conseil national de la justice 69 Luc Heuschling Judicial Independence and Judicial Accountability 105 Anja Seibert-Fohr 7

8 Contents The Good Administration of Justice 119 Séverine Menétrey IV. Reform Experience in Other Countries Judicial Independence in Italy The Role of the Consiglio Superiore della Magistratura 135 Remo Caponi Institutional Judicial Reform Experiences in Belgium: New Bodies Governing the Judiciary 147 Stefaan Voet, Marcel Storme Judicial Reform in the Netherlands: Perception and Reception in the Judiciary 173 Leny E. de Groot-van Leeuwen Index 181 8