Kontakty
UIHJ - Eurodanube
42 rue de Douai
75009 Paris - France
Tel: +33 (0) 149 701 287
Fax: +33 (0) 149 701 587
OFFICE:
Juraj Podkonický
Secretary
secretary@eurodanube.org
Evropska 663/132
160 00 Prague 6 - Czech Republic
Tel: +420 255 702 060
Fax: +420 255 702 064
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| Meeting in Tallinn | Array Tisk Array |
| Pondělí, 04 Duben 2011 12:39 | ||||||||||||||
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Present (in alphabetical order):
Working languages: English Juraj Podkonicky opens the EuroDanube meeting, with warm welcome he remarked that the meeting celebrates the 10th anniversary of Estonian Chamber. He also pointed out the perfect organization of the meeting by estonian chamber and especially Elin Villipus, Chief of organizing committee and thanked for the invitation to beautiful Estonian Capital Tallinn.  Elin Villipus, Chief of organizing committee, Estonia
As no EuroDanube member proposed any concrete problem to be discussed at the conference, Mr. Podkonický opened the free discussion. "Let´s talk about what are to actual problems the member states are dealing and fighting with. Let´s exchange the opinions and solutions," he said. And than he asked the President of UIHJ, Mr. Leo Netten for the opening speech. Mr. Leo Netten saluted all the delegations and mainly the organizers and hosts - Estonian Chamber. Such conference, with open discussion about the problems and with opinions exchange should be organized once a year at least, he said. UIHJ is in lasted contact with the EuroDanube but mainly EuroDanube itself should be and is the platform the actual situation is be discussed at. As the problems of the relatively young chambers of this part of Europe are similar. The most important pain which could be discussed here, according to his point of view are the tariff rates, remunerations of the judicial officers. The other themes, he stated, should be proposed by the delegations themselves.  Leo Netten, UIHJ President and Juraj Podkonicky, EuroDanube Secretary
Mr. Podkonický thanked to Mr. Netten and asked the delegations for the short presentations of the situations in their countries. LITHUANIA Mrs. Dovile Satkauskiene, President of National Chamber reffered that the chamber was established just 8 years ago and the actuall problem is the one Mr. Netten stated. The new ministry of justice is enforcing the reduction of tariff rates. We negotiated with him several times, she said, but without any satisfactory result up today. In spite of the fact she hopes, the tariffs will remain, otherwise this could be a great problem.  Dovile Satkauskiene, President of the Chamber, and Jurate Bakšyte-Lozorkevicie, Lithuania
LATVIA Guna Berlande, President of Latvian Chamber and Mara Grenina, Substitute President, informed about three main targets in their situation: tariffs, deposit accounts and VAT. Tariffs: in Latvia in three year´s period the tariffs are checked by the ministry of justice. How the amount of compensation relates with the proceeding of the judicial officers´ work, if they are not payed over etc. The situation could be very complicated but as to the fact every step must be agreed by the Chamber of judicial officers, is relatively stable. Deposit accounts: The Chamber must open the deposit accounts at the Central Bank only. Which causes the interests should come to the state itself. This, Mr. Leo Netten draw the attention, is not allowed according to the article 36 Guidelines CEPEJ (Guidelines for a better implementation of Recommendation Rec (2003)17 of 9 September 2003 of the Council of Europe on enforcement). This could be treated as the infraction of the article mentioned. Mr. Netten recommended to argue this way by negotiations with the ministry. VAT: In Latvia from every auction of immovables and movables the VAT in amount of 20% should be payied which causes a lot of complications including the reducing of amount of recovering for the creditor. Is the situation similar in other Eurodanube countries, they asked? Mr Podkonický underwrote he will ask all the members to inform about the situation, not only the present ones.  Mara Grenina, Substitute President of Latvian Chamber and Guna Berlande, President of the Chamber
 Latvian and Lithuanian delegations
BULGARIA Elitsa Hristova, Vice President of the Chamber, pointed out that the main problems are the fees the judicial officers must pay to every subject asked for information about the debtor´s actual situation. This not only causes the going up in price but also the reducing of the fruitfulness. Instead of adopting measures for improvement of the fastness and efficiency of the enforcement, which are even more important for the creditors in times of economic crisis, the Ministry of Justice proposed and imposed in the National Assembly an amendment in the Law on Private Enforcement Agents and in the Civil Procedure Code, which drastically delays enforcement requesting advance payment of a state fee by the creditor for each separate reference, lien or distraint. There is not a logic and grounded answer to the question why such serious defeat is inflicted on the judicial enforcement in Bulgaria. The new amendment, apart from creating inequality both between private and public enforcement agents (the latter, as part of the district courts, shall not pay to other state authorities whatsoever charge), and between creditors and debtors of private and public enforcement agents, it results in extreme delay of private enforcement agents’ work, since for each reference under their cases private enforcement agents should wait for the creditor not only to pay the charge due to the respective state authority, but also to bring them the bill of payment in order to enclose it to the application. The Ministry of Justice argues that in this way the Registry Agency could collect EUR 130,000 from references requested by private enforcement agents! This amendment, however, extremely slows down private enforcement activities and instead of receiving that symbolic revenue the state will lose tens of millions. Under the Civil Procedural Code and the Tax Insurance Procedure Code, private enforcement agents are actually the free public enforcement body of the state, since under each enforcement case it is an acceding creditor and from the amount collected the private enforcement agent first pays all public duties to the National Revenue Agency (NRA). The radical slowdown in enforcement will lead to a slowdown in the revenue flow from private enforcement agents to the state budget, and in many cases there will be no revenue for the state, because while collecting information about the debtor, the latter would have sold everything. The approach in this case should be exactly the opposite – the state will collect even more revenue from private enforcement agents by establishing an electronic connection between them and tax authorities and by removing the barriers as described above to ensure their rapid and efficient work. The results from this activity are already visible in Bulgaria – a number of creditors with multiple cases are not able to cope with the administration of so many transfers to various institutions and are forced to restrict and delay their requests for investigation and actual enforcement procedures which affects the final result from the enforcement and the time for its execution. The private enforcement agents will be forced to take up this burden, but it is very strange how something, which is almost unachievable for a bank for example, would be easy for a private enforcement agent? The tension created by the Ministry of Justice with this amendment increases every day and it will not be a surprise if the issue is put forward for consideration before the National Assembly again. For comparison – neighboring Romania adopted a text in their Civil Procedure Code analogical to the text adopted by the Bulgarian National Assembly in 2007 for elimination of such fees while we are going backwards – to the starting point. Mr Podkonický suggested to contact the President of Slovakian Chamber, Mr. Peter Molnár, who is solving the problem for last few years and the situation seems to be positive in finding the solution. The international conference will by organized to this problem by Slovakian Chamber on March 31st in Bratislava. As Elitsa Hristova said, the situation on the other way seems to be better now, as the speeches with the Ministry of Justice enlarged recently.  Elitsa Hristova, Vice President of the Chamber, Bulgaria and Elin Villipus, Chief of organizing committee, Estonia
MACEDONIA President of the Chamber, Mr. Antonio Koshtanov, named the situation in Macedonia as pure crisis for judicial officers. The cut-down of the tariffs in last months makes abt 30% in general (by amount under EUR 300 even 80%). This situation provoke the pre-decision of judicial officers in the country to stop their activities in general during next two-three month if the situation would not get better. By the same time the tariffs were reduced by the lawyers, notaries and mediators, too. By abt. 20 - 30%. Not only this, ministry of justice is ready to open the sort and recall Numerus clausus which the chamber must consider as a direct hit to the free profession of judicial officers. Because of this the 5th anniversary of establishment of this profession in Macedonia could by the last one by the same date. Therefore Mr. Koshtanov asked the UIHJ and Eurodanube members for urgent help. Which could be effective being present on the next conference in Macedonia in June 3rd 2011. Mr. Leo Netten consideres the situation in Macedonia as a very complicated one. UIHJ tries to help and solve. He will be present in Macedonia and is ready to talk to the responsible state authorities there. And asked the member states of Eurodanube for help and active cooperation in this "fight with state" in the country.  Antonio Koshtanov, President of the national Chamber and Savetka Georgieva, Macedonia
Elitsa Hristova, Vice President of the Chamber, Bulgaria
HUNGARY Mr Miklos Krejniker, President of the national chamber said in his presentation: Since our last Eurodanube meeting, there have been some amendments to the Hungarian enforcement act, all of which are related to the inception of a judicial officer’s service. I.The first major modification came with Act 183 of 2010 on facilitating the efficient working of courts and accelerating court procedures Prior to the present modification, vacant positions could be filled in two ways: a)either by way of tender, b)or – under special circumstances – through appointment by call (1) A vacant judicial officer's office may be filled without tender, if a) the former judicial officer proposed the appointment of his substitute of at least one year, provided this person satisfies the conditions laid down under Section 233; b) the person nominated files a statement of commitment to carry out enforcement procedures under entire liability; c) the person nominated and the former judicial officer, or their heirs, issue a joint statement in which to declare that they have settled all contingent financial affairs; and d) the Chamber granted approval. (2) The Chamber shall interview the nominated person and shall make its proposal accordingly to the minister. (3) The minister shall make the final decision to fill the judicial officer's office. This legal means was repealled by the amendment passed on 30th Dec 2010. As a consequence, in the future, vacant judicial officer positions can only be filled by way of tender. This regulation entered into force on 1st March 2011. Regulations applying to permanent substitutes have also been modified. The Hungarian law on enforcement have always been made it possible to appoint a permanent substitute, if a) the judicial officer's office is vacant; b) the judicial officer has been suspended from his office; c) the judicial officer is absent for an extended period of time. (2) Judicial officers and assistant judicial officers with at least one year experience may be appointed permanent substitutes. The president of the Chamber shall issue a certificate of appointment to the permanent substitute when appointed. (3) Appointed permanent substitutes shall have full authorization to proceed in the substituted judicial officer's jurisdiction under their own responsibility. Permanent substitutes shall be sworn in before the president of the Chamber and shall provide proof of having an active liability insurance policy. (4) The permanent substitute shall take over operations of the substituted judicial officer's office, shall cover overhead costs and balance the accounts, and shall exercise employer's rights over the judicial officer's employees. The newly amended law limits the time frame of permanent substitution to one year. It can only be extended with ministerial licence. The permanent substitution for a judicial officer absent for an extended period of time is terminated with the return of the judicial officer; the appoinment as permanent substitute terminates after a year. However, this appointment can be extended with a ministerial licence before its termination.  Miklos Krejniker, President of the Chamber, Judith Szabados-Dőtsch and Gyula Kovacs, Member of the Board, Hungary
ESTONIA Janek Pool, Chairman of the Board of Assembly of Bailiffs, noticed he is ready to inform about situation in Estonia on tomorrow´s International Conference of Estonian Chamber. The fact is, that Estonia is in election time it will be necessary to renew or establish new contact and discuss the problems with voted ministry - members of government and parliament.  Janek Pool, Chairman of the Board of Assembly of Bailiffs, Estonia
CZECH REPUBLIC Mr. Podkonicky informed shortly about the situation in Czech Republic. In these days the Chamber prepares in cooperation with ministry of justice the novel of the Code of judicial proceeding. Which should among others cancel so called paralleling in executions and make some ways in executions simpler (e.g. sale of business share in companies or sale of cooperative flats). Novel also should enable to simpler the auctions sales of movables and immovables (flats, houses, lots) and make the whole process of execution more quick and effective. In the middle of February The Chamber organized the talking point on the novel in attendance of the judges, judicial officers and ministry of justice representatives. The end of discussion is expected in November 2011 and re-enactment up to the end of the year. The discussion in Tallinn was concluded with the speech of Mr. Leo Netten who pointed out three following spots: 1) within UIHJ there is another professionalisation of the office staff done which means more effective UIHJ itself. 1st secretary Mr. Mathieu Chardon and assistant Mrs. Luisa Lozano will be 100% at the disposal for the UIHJ. 2) CEPEJ - Guidelines for a better implementation of Recommendation Rec (2003)17 of 9 September 2003 of the Council of Europe on enforcement - the actual versions discussed by Mr. Leo Netten and Mr. Mathieu Chardon with CEPEJ representatives will be sent electronically to all the members of UIHJ and published soon, too. 3) on April 7, 2011 in Budapest (Hungary) there will be the 4th training day of the International training center of judicial officers of the UIHJ organized in cooperation with Hungarian Chamber. Mr. Leo Netten cordially invited all the members of Eurodanube on this event. The official program you can read on www.uihj.com  Leo Netten, UIHJ President
Once again on the end Mr. Juraj Podkonický thanked to the Estonian organizers of the conference for perfect work and for make the conference in Tallinn possible. He informed he will ask all the member states for the status reporting about the situation in their countries because 4 of 11 members were not present in Tallinn. And than you will get this informations by e-mail and these will be published at www.eurodanube.eu, too.  Juraj Podkonicky, EuroDanube Secretary
The next Eurodanube meeting will be held on October 2011 (the exact date will be announced later) in Bucarest, Romania on occasion of the 10th anniversary of the Chamber´s foundation. Thank you very much for your attention, Juraj Podkonicky Secretary Otakar Svoboda Assistent to Secretary |