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Report of the IAJ Secretary-General Giacomo Oberto to the IAJ Central Council Tel Aviv (Israel)

This report is also available here

Rome, 22nd August, 2022 

ORDINARY ACTIVITIES CARRIED ON  

AFTER THE IAJ MEETING OF THE CENTRAL COUNCIL HELD BY VIDEO-LINK IN SEPTEMBER  2021 

The IAJ Secretariat-General has been constantly active in dealing with the ordinary exchange of  mails, letters and WhatsApp messages with the Presidency Committee, the four Regional Groups,  the four Study Commissions and Member Associations. Some meetings were held among the  members of the Secretariat-General, in order to organize the work and plan IAJ future activities  and initiatives.  

On June 10-11 the PC met in the city of Verona. The Committee heard and discussed the reports  of the President, Secretary-General and the 4 Vice Presidents chairing the Regional Groups. The  Presidency Committee also discussed the item of regular monitoring and of the IAJ working  groups, the organisation of the next IAJ annual meeting in Israel and of the 2023 meeting in  Taiwan, the priorities for the work of the Presidency Committee and IAJ for the triennium 2019- 2022, and the requests of assistance from Afghanistan and the situation of Ukraine. The PC  meeting preceding the meeting of the Central Council will be held via video-link on September  10th, 2022. 

The General Secretariat completed in July the setting-up of the websites for the four Regional  Group, that now have their own URL and their own documents, news, pictures sections. The URL of the websites are the following: 

The General Secretariat relies on the cooperation from IAJ Members to receive information,  news, statements related to IAJ activities to be uploaded in the websites. 

The General Secretariat hired in November 2021 a second assistant. The permanent staff of the  Secretariat is therefore composed of Ms. Daniela de Vincentiis and the new entry Ms. Alessandra  Decina, plus the occasional collaboration pro bono of the former assistant, Ms. Barbara Scolart. The reason for hiring a second element for the permanent staff was the abrupt increase in the  workload due to new emergencies, like the situation of judges in Poland, Turkey, Afghanistan and  Ukraine, the necessity to ameliorate the website, increasing its contents and enhancing Regional  Groups' pages, the need to launch a series of initiatives following the publication of the  guidelines on the creation of new associations. 

IAJ 2022 MEETING OF THE CENTRAL COUNCIL 

On March 19 the invitation letter and the programme were spread to all the IAJ members, a news  published. In May the usual invitation was addressed also to some NGOs, to the UN Special  Rapporteur and to the Associations of Rwanda and Honduras, due to their interest in joining the  IAJ. An amended programme was spread on May 11th, 2022. 

The General Secretariat kept regular contacts with the organising team of the Israeli Association,  dealing with important aspects, such as the accommodation, the simultaneous translations, the  possibility of attending by video link (limited to those countries where there should be in September severe restrictions to travel or a lock down), the number of delegates per each IAJ  member.  

On June 17 the IAJ Secretariat-General received by President José Igreja Matos a proposal, in the  5 official languages, for amendment of the IAJ Constitution, which is endorsed also by the entire  Presidency Committee, and disseminated it to all IAJ members together with an explanatory note,  in English, French and Spanish. The amendments refer to the provisions dealing with  membership and voting and are the result of the work of the working group established by the  Central Council at the meeting in Nur Sultan in 2019. 

On July 28th, 2022, the General Secretariat disseminated the agenda of the CC to all IAJ members  together with a link to a dedicated page collecting all the documents related to the meeting. 

Invitations: 

Following observers were invited to the meeting and accepted the invitation: • UN Special Rapporteur on the Independence of Judges and Lawyers; 

  • NGOs: International Association of Prosecutors, World Jurist Association (video message), Federación Latino Americana de Magistrados, International Union of Portuguese Speaking Judges,  the Judges’ forum of IBA;  

  • OSCE. 

Study Commissions 

Since springtime, the questionnaires for the Study Commissions and the national reports  submitted by the Member Associations have been distributed to all associations and published in  the website.  

The deadline was fixed for all the 4 questionnaires on July 29, 2022. 

At the date of this report, the Secretariat-General received 36 replies for the 1st Study  Commission’s questionnaire, 39 for the 2nd, 33 for the 3rd and 33 for the 4th (out of 94 member  associations). 

APPLICATIONS FOR MEMBERSHIP 

In February 2022 the Judges Associations of Rwanda and Honduras expressed their interest for  the membership in the IAJ. Information was provided accordingly 

IAJ MEETINGS 

IAJ 2023 Meeting (Taiwan) 

The association of Taiwan applied officially for the organisation of the meeting in 2023. The Presidency Committee decided to approve the proposed dates (16-21 September) and to  submit the decision to the Central Council for its ratification. 

WORKING GROUPS  

Commission on IAJ Regular Monitoring (Chairperson: Mr. Sjoberg) 

Up to the date of this report, the following national associations belonging to the first group of  31 members did not answer the survey: Benin, East Timor and Egypt. According to art. 13, § 6,  of the IAJ Regulations, “failure to submit the report without justification allows the Presidency Committee to  proceed in the manner prescribed by article 12 of the Regulations”. Article 12, § 2, of the Regulations state  that “as soon as it has knowledge of the fact that a member does not fulfil the criteria [for membership], the  Presidency Committee, after consultation with the respective Regional Group, may appoint two rapporteurs to  inquire into the situation”. Since the deadline for the presentation of the report expired one month  before the start of the Central Council in September 2021, and after the holding of the Regional  Groups meetings, the Presidency Committee is now called to decide whether to exercise its power or not. 

In January 2022 the second group of 31 IAJ associations were requested to fill in the  questionnaire within August 24. At the date of this report only 12 Associations out of 31 sent their reports. Georgia, Germany, Guatemala, Guinea, Guinea Bissau, Hungary, Iceland, Iraq,  Ireland, Israel, Italy, Ivory Coast, Liechtenstein, Lithuania, Mauritania, Moldova, Mongolia, Montenegro and Mozambique have not sent their reports yet. 

WG to explore the possibility of providing assistance to judges facing challenges in the  performing of their functions (Chairperson: Mr. Blake) 

Mr Blake reported on the activities of the WG on the occasion of the EAJ meeting in Porto. On May 2nd a letter of Mr Blake was sent to the Presidents of the 4 Regional Groups inviting them to establish, within their Regional Groups, a working party to cover the range of issues that  may arise in the respective regional area and to appoint 2-3 members from the Regional Group  working party to serve on the international working group chaired by him.  The composition was finally settled.  

WG to review the Constitution, in particular, but not only, with regard to the voting rights  (Chairperson: Mr. Pagone) 

The Group drafted a proposal of amendment of the IAJ Constitution that was approved by the  IAJ Presidency Committee, officially presented by the IAJ President and spread to all the IAJ  members for the vote in Tel Aviv. 

WG on the creation of Judges Associations (Chairperson: Mr. Sjoberg) The General Secretariat edited the publication, on line and in print, of the guidelines on the  creation of new associations, outcome of the works of the ad hoc Working Group, chaired by  Vice-President Mikael Sjoberg. 

At the date of this report, the General Secretariat contacted personalities of the judiciary in 48  countries, presenting the initiative and offering the support of the IAJ should there be in the  country the willingness of local judges to establish an association. 

CONFERENCES 

38th Plenary Meeting of the CEPEJ in Malta  

On June 27th and 28th, 2022, the 38th Plenary Meeting of the CEPEJ took place in La Valletta  (Malta). IAJ and EAJ (which enjoy the status of observer at the CEPEJ) were represented by Mr.  Duro Sessa, IAJ First Vice-President and President of the EAJ, as well as by Secretary-General  Mr. Giacomo Oberto, who submitted a presentation in his quality as President of the CEPEJ 

SATURN Working Group for Judicial Time Management on the following subject: “Judicial  Time Management: Information on the On-Going Work of the SATURN Centre.” The Plenary  Meeting was preceded by a ceremony for the 20th anniversary of CEPEJ, during which President  Sessa gave a presentation. 

Co-operation with UIN (International Union of Notaries) 

On 21st and 22nd October, 2022, a conference will be held in Barcelona, resulting from the co operation of IAJ and the International Union of Notaries. Subject of the seminar will be the role  of judges and notaries in the process of “Dejurisditionalisation” of part of the Courts’ activities.  IAJ will be represented (beside myself) by two eminent members of the Board of the Second  Study Commission: President Mr. John Edwards (Ireland) and Vice President Mrs. Mette  Soegaard Vammen (Denmark). 

UN SEATS 

As every year, the General Secretariat made the annual accreditation of the IAJ representatives at  the 3 seats of the UN (New York, Vienna and Geneva). 

IAJ NEWSLETTER

The General Secretariat prepared and disseminated among the IAJ members the 2 issues of the  newsletter of 2022. They are also available in the IAJ website: https://www.iaj-uim.org/iaj-uim newsletter/. I am looking forward to seeing you all in presence very soon in September.

Yours sincerely, 

(Giacomo Oberto) 

Secretary-General of the IAJ

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