Institutional life

Admission of new members

• Rapporteurs
• Report
• Administration fees
• Invitations

Elections

Languages

Annual meetings

• Candidatures: requisites and procedure
• Organization of the works
• National delegations

Minutes

Monitoring

Judicial Award

Financial issues

Budget

Cotisation

Reimbursement of expenses

Miscellanea

Contacts between the General Secretariat and the Members

Content of the website

Relations with Den Haag Conference (HccH)

Relations with the International Union of Notaries (UINL)

Relations with the Foundation Justice in the World

INSTITUTIONAL LIFE

The Presidency Committee decided that the duration of its meetings will be decided on a case by case basis taking into consideration the exigencies of its members and the activities of the IAJ. (Rome, 2015)

Admission of new members

– Rapporteurs

After a long discussion the Committee decided, for the future, to appoint for each new application two rapporteurs: one charged to visit the Country and the other to gather information by other sources, such as the Internet, personal contact with colleagues, examination of relevant documents etc. As a rule, the first rapporteur will be chosen from among a country of the same region of the applicant association, while the second will be chosen from a different region. The former will normally be charged to draft a report, but the final version of it should be signed together by the two rapporteurs except when they do not agree on the content and conclusions. (Rome, 2007)

As for the financing of missions, the Committee, upon proposal of the President, decided that (i) for missions of rapporteurs charged to prepare a report on applications, rapporteurs should try to find other means of financing travel and lodging expenses (e.g. taking advantage of concurrent missions carried out for international bodies); otherwise rapporteurs should be chosen from among neighbouring countries; finally, if no other option is possible, IAJ should bear expenses and the rapporteur would be invited to limit them as much as possible;

(ii) for missions concerning countries which are already members, the association of concerned countries should try to cover expenses in the first place. Otherwise members of the commission should be picked up from the judiciary of neighbouring countries. Finally, if the above mentioned solutions could not be adopted, expenses should be borne by the concerned Regional Group and only as the final possible resource by the IAJ subject to a previous decision on this respect. (Yerevan, 2008)

Mr. De Menezes asked to discuss the issue of the reimbursement of travel expenses for the rapporteurs on the applications of the associations of Guatemala and Ecuador. The Committee debated the theme recalling the existing rules and decided that the rapporteurs should be informed about the need to search a funding from the applicant association or their own. Should they be unable to find funds, IAJ will reimburse them provided that they send the itinerary and an estimate in advance. First class tickets will not be reimbursed. (Roma 2018)

– Report

The Presidency Committee decided that its advice on the application should be communicated by the Secretary-General when sending the report. (Rome, 2016)

The Presidency Committee decided that, for the future, if the report arrives later than the deadline but soon enough to allow an extensive reading, the General Secretariat will forward it to member associations, asking whether they accept to examine it anyway. (Rome, 2019)

– Administration fee

The Presidency Committee decided that the non-payment of the administrative fee should be considered as a lack of interest in the admission procedure and in the membership. Therefore, the application will remain pending and the association will not be invited to the annual meetings of the IAJ. These consequences will be indicated in the letter of request of the payment of the fees. (Foz, 2014)

 – Invitations

As a general rule, the Presidency Committee decided also to invite to the CC meeting as observers the applicant associations for which the rapporteurs were already appointed. The invitation will be for one delegate but no objection will be raised in case an association asks to send two delegates (should it need an interpreter, for instance). (Rome, 2012)

Elections Coming to the topic of the preparation for the elections to the Presidency Committee, to be held within the Central Council, the Committee noted that under art. 5 of the Statutes “No Vice-President may be re-elected more than three times”. The Committee decided in a unanimous way that this provision must be interpreted so that it allows a total of four elections (one election plus three re-elections). (Alicante, 2003)

The Presidency Committee charged the General Secretariat with the task of preparing, after the end of the aforementioned session of the Central Council, a list of all the candidates, to be projected on a large screen. Upon proposal by the Secretary-General, the Committee also decided that the same list should be printed on a paper format, to be delivered to each association, together with each ballot. The Committee also decided upon the manner in which the ballots should be prepared. Following a detailed analysis and in-depth discussion of various options, the Committee decided that each ballot should be printed with just six blank lines, together with the provisions of the Constitution, in English, French and Spanish, referring to the conditions under which votes should be considered as null and void. (Valle de Bravo, 2004)

The Committee decided that the procedure for the vote will follow the same pattern adopted in Valle de Bravo. The President should be elected as first, then a secret ballot vote would take place for the posts of 6 Vice-President and finally the First Vice-President should be elected among the newly elected Vice-Presidents. This election will take place with secret ballot, should more than one candidature be submitted. The Committee decided that, immediately after the opening of the first session of the Central Council, the Secretary-General will again inform delegates about procedures for submitting candidatures and for election of IAJ officials. (Siófok, 2006)

Languages

The Presidency committee decided that each time a working group will be formed to study peculiar problems, it will be up to the group to provide – without cooperation by the General Secretariat – translation in both English and French of the documents drafted by itself. (Siófok, 2006)

The Presidency Committee decided to instruct the Presidents of the Commissions in order to make them aware of the right of delegates to express themselves in Spanish. The Ibero American Group will take care that in each Study Commission at least one colleague ensure the translation from Spanish into either English or French and vice-versa. (Rome, 2008)

The Presidency Committee decided to grant a bonus of 10.000 Euro to finance translations for the Study Commissions. The Treasurer will add a new item in the budget for these translations and only for them: the bonus will be given only if the translation service for the Study Commissions is organized: the new item will be effective with the provisional budget for 2016-2017. (Rome, 2016)

After a debate, the Presidency Committee decided to set up a working group to explore the different levels of the introduction of a new (or more) official language. The WG would draft a report in view of the spring meeting of the Presidency Committee. It shall be presided over by the Deputy Secretary-General Mr. Galileo D’Agostino and be composed of a representative of each Regional Group in such a way as to grant the participation of judges speaking Portuguese, Arabic, Russian or Chinese and French or Spanish. (Marrakech 2018)

The Presidency Committee decided that the reimbursement of 10.000 Euro to the associations that, organizing a Central Council, offer simultaneous translations for the works of the Study Commission is a general rule, with no need to confirm it year after year. (Rome, 2019)

Annual meetings

– Candidatures: requisites and procedure

The Presidency Committee decided that, referring to all meetings organised by or under the aegis of IAJ, the organising association should guarantee that access to the concerned country is ensured for all delegates from any other member association.

The Presidency Committee decided as well that hosting associations cannot invite associations not belonging to the IAJ without the permission of the Presidency Committee. This rule is not applicable to associations of countries of the same region of the inviting association. (Siófok, 2006)

The Committee decided to propose to the Central Council to fix a deadline of at least one month prior to the start of each annual meeting for the associations to submit their candidature to host annual meetings of the IAJ. (Trondheim, 2007)

The Presidency Committee decided also to encourage national associations to look for sponsorships, provided that there is no conflict of interest of any kind between the factory and the IAJ and its goals. (Santiago, 2017)

– Organization of works

The Presidency Committee decided that in the future the concrete organisation of work shall have to fully respect the programme, as communicated to all national associations. Works can be shortened only when it is clear that all possible items and discussion have been completely exhausted during the session of Wednesday evening. The Committee decided as well to keep the usual formula for the organisation of meetings, with an excursion on Tuesday, but to invite hosting Associations not to organise too tiring excursions. (Rome, 2010)

The Presidency Committee finally decided that it is necessary to substantially reduce the time devoted to oral presentations. It will be up to the Chair to fix a certain timeframe for each and any oral intervention (such as e.g. 5 minutes), taking into account the fact that written reports have already been submitted and spread and therefore there is no need to orally repeat them, as well as the need to devote most of the available time to discussions. Oral presentations will have to focus only on very essential aspects and/or on issues related to situations occurred after the preparation of the written report. (Rome, 2010)

The Presidency Committee decided to amend the guidelines for the organization of IAJ annual meetings requesting as a mandatory requirement the organization of an international conference. (Rome, 2015)

– National delegations 

Secretary-General Oberto explained the Presidency Committee that in several occasions it happens that a person holding an office in the IAJ is not included in the delegation of his/her association and therefore faces difficulties in being admitted by the hosting association. After a debate, the PC decided to deal with this issue on a case by case method. Upon proposal of Vice-President Pagone, it decided also that the Presidency Committee may invite or appoint a person as an associate delegate with the approval of the national association of that person. (Barcelone, 2015)

The PC decided that when an association wants to send to a meeting more delegates than those to which it is entitled, it must pay the difference between its annual contribution and the one corresponding to the effective number of delegates appointed. (Rome, 2015)

The Presidency Committee recommended that the IBA secretary be invited even if not included in his/her national delegation and decided as well that Rapporteurs and people holding positions in the IAJ should be authorized to participate even when they are not members of their national delegation. (Roma 2018)

Since the position of Honorary President had no Constitutional grounds but only customary origins, the Presidency Committee agreed upon the fact that the problem was limited to the opportunity or not of inviting *** to the meetings and decided for the time being, in the circumstances, not to extend him any invitation to attend IAJ meetings. (Marrakech 2018)

As to the national associations, the rule is that they may send as many delegates as those corresponding to their contribution group. It is important to stay within this rule and not to consent to different agreements between the organizers and the national associations otherwise the latter might feel encouraged to move all to the fourth contribution group knowing that there would be no concrete consequences on the composition of their delegations to annual meetings. The Presidency Committee agreed. (Rome, 2019)

Minutes

The Committee decided to authorise the Secretary-General (without waiting the next Central Council) to issue a statement – in accordance with the minutes of Central Council – on Mr Markel’s and Mr Mura’s election in Alicante as President and Secretary-General of the I.A.J. This statement will be used according to the Italian fiscal legislation, in order to allow I.A.J.’s officials to legally represent our association in all possible affairs. (Madrid, 2003)

Upon proposal of the President, the Committee decided the procedure to be followed in the future for the approval and distribution of the minutes of all regional groups. The drafts will be sent to the associations belonging to each Regional Group, specifying in the letter that they have one month for submitting proposals for corrections. After this, if no objection is raised, the minutes will be considered as approved. Then the final version will be sent to all IAJ member associations. The same rule (one month for submitting proposals for corrections) should be applied also for the minutes of the PC of the IAJ (for the members of the PC) and the minutes of the CC of the IAJ (for all IAJ members). (Siófok, 2006)

On the proposal of the president the PC decided to increase the transparency of the works of the PC through the preparation of a summary of its main decision to be disseminated among the IAJ members. The same could be done for the works of the Central Council whose outcomes could be summarised for the general public. (Naples, 2013)

Monitoring

The Presidency Committee decided also that in the context of the regular monitoring the associations shall provide the updated version of their Statute and the last budget. (Rome, 2012)

Monitoring procedures and questionnaire (Article 13, § 7 of the internal Regulation). Discussion on the proposal (form of report) by Vice-President Régnard and proposal for the Central Council. Activation of the procedure of Article 13, § 9 of I.A.J. Regulations.

The Secretary-General recalled that a text for the monitoring of IAJ members was already prepared by the WG chaired by Vice-President Regnard and suggested to envisage a reference period for the monitoring, considering that some associations are members of the IAJ since its foundation and it would be difficult for them to summarise decades of activities and legislative innovations.

After a debate, the PC decided that the report should refer to the last five years, include open questions on the situation of the judiciary in the country and be introduced by few lines explaining the member associations the aim of the monitoring procedure. (Rome, 2014)

The Presidency Committee decided that the first third of member associations to be scrutinized will be the first 31 associations taken in alphabetical order according to the English name of their respective country. Upon request of Mr. Oberto, the Presidency Committee decided that also the Associations admitted in the last years must undergo the monitoring. (Nur Sultan, 2019)

FINANCIAL ISSUES

Budget

The Committee decided to modify in the budget the expression “arrears” by the word “reserves” (in French “réserves”). (Madrid, 2001)

Specific consideration was given to the question of reimbursements made in a certain financial year but regarding expenses concerning meetings of the previous year. The Presidency Committee confirmed the decision that the above mentioned reimbursements must be indicated in the financial books before all the expenses of the current financial year, and separately from them. The Presidency Committee decided that the decision applies to the expenses concerning the meeting in Hungary, and the same operation must be made every year for the future. (Siófok, 2006)

The Presidency Committee, considering the needs experienced this year, decided also to slightly modify point 2.b. of the budget, replacing the words “travel expenses of Honorary Presidents and rapporteurs” with the following words: “travel expenses of Honorary Presidents, rapporteurs, representatives”. (Yerevan, 2008)

The Presidency Committee decided that, in case the Central Council should admit new members during the present session in Istanbul, the contribution paid by these associations will be put in the items that the Secretary-General will individuate according to the needs. On the occasion, the budget will be also amended taking into account the associations which might cease to be IAJ members. (Istanbul, 2011)

A debate took then place within the Committee as to the reimbursement of travel expenses for the participation to PC meetings of Vice Presidents who are not Presidents of Regional Groups. They are at present covered by the respective national association, which don’t seem fair since these Vice Presidents are travelling for duties connected to their role in the IAJ and not in the national association. At the end, President Reissner, with the agreement of the Committee, decided that these expenses will be reimbursed from the budget item “1 – meetings of the Presidency Committee”. (Yalta, 2013)

The Presidency Committee […] decided that the resources for the organization of events connected to the plurennial program will be drawn by each Regional Group from its own apanage. (Rome, 2015)

Mr. De Menezes proposed to increase the budget of the Regional Groups. Mr. Igreja Matos suggested either to give all Regional Groups the same amount or to give a special allocation to those Groups planning initiatives. The Presidency Committee decided that the Regional Groups will draft their projects and, in case they will not have enough resources to finance them, they will ask the Presidency Committee an extraordinary assignment. (Paris, 2017)

The Presidency Committee decided to grant all the Regional Groups a “una tantum” of € 5.000,00 for the realization in the period 2019-2021 of the three points of the IAJ triennial programme. It decided also that all the money which will not be used for this purpose at the end of the period will be given back to general budget of the IAJ. (Marrakech 2018)

The Presidency Committee decided to allocate 20,000 euro from the reserves to finance training and education activities of the Regional Groups (5,000 euro available for each Group): this money will not generate reserves for the Groups and whatever was not spent will return to the general budget. (Nur Sultan, 2019) [n.b.: this decision refers only to the budgetary year 2019-2020]

The Presidency Committee decided that the reimbursement of 10.000 Euro to the associations that, organizing a Central Council, offer simultaneous translations for the works of the Study Commission is a general rule, with no need to confirm it year after year. (Rome, 2019)

Mr. Oberto […] referred to the increase in the daily work of the Secretariat and the need to have more people working. At the end, the solution proposed with the Treasurer was a modification of the contract of the permanent assistant, Ms. de Vincentiis, to increase her hours by five hours per week, and formalizing an annual contract of Euro 4,000 with Ms. Scolart after many years of unpaid voluntary work for the IAJ. The Presidency Committee agreed. (zoom, 5 June 2020)

Cotisation

As regards the marshalling of payments, the Committee decided that the amounts paid by the associations paying their contributions late will be referred automatically (despite any possible contrary indication on the part of the concerned associations) to the oldest contribution among those which are still due. (Madrid, 2001)

The Committee decided that in future, letters addressed by the Secretariat to national associations for payment of contributions will specify that fees must be sent to the I.A.J. free of any charge related to bank transfer. (Rome, 2002)

After a discussion and taking into consideration the praxis of many associations to pay in cash their contributions on the occasion of the Central Council meeting, the Committee gave its interpretation of Article 4, Para. 8 and 9 of the I.A.J. statute.

Article 4:

para. 8. If the payment of a member’s subscription is in arrears of over one year, that member shall lose its voting rights until the subscription arrears have been paid in full.

Para 9. If the payment of a member’s subscription is in arrears of over three years, that member shall cease to belong to the Association unless the Central Council decides to the contrary.

First of all, it advised that payments can be considered timely if made before the beginning of the first session of the first meeting of the Central Council, whenever the Central Council sits after 31^st January. The opening ceremony usually precedes the first meeting of the Central Council and, therefore, payments during the ceremony can be considered timely.

An association which in previous years has paid all contributions but has not paid the one concerning the current year does not lose its voting right, because its payments in arrears have not reached the threshold of  “over one year”.

As far as payments “in arrears of over one year” are concerned, the Presidency Committee, taking the current year as an example, decided that member associations can be considered in the situation described by Para. 8 if, before the start of the first session of the first meeting of the Central Council in Yerevan, they do not pay their fees in full for the years 2007 and 2008. Payment made for only one year (2007 in the example) cannot be considered as “in full”, as required by the statute. Therefore the concerned associations, settling only the debt for 2007, could not recover their voting right during the sessions of the Central Council in Yerevan, as the requirement of an “in full” payment can only be met if the entire sum due to the I.A.J. is paid.

The Committee advised that the same interpretation should apply to the provision of Article 4, Para. 9, which refers to payments “in arrears of over three years”. Therefore associations which will not have paid their fees for the years 2005, 2006, 2007 and 2008 before the beginning of the first session of the first meeting of the Central Council in Yerevan will be considered in the situation envisaged by Article 4, Para. 9. (Rome, 2008)

The Presidency Committee decided not to increase the annual fees. (Rome, 2019)

The Presidency Committee decided that, since the Central Council votes on the admissions in its autumn meeting, the new members would pay their annual fees starting from the following year. (Rome, 2019)

The Presidency Committee decided to reduce to half the 2020 annual contributions. Those members who already paid the entire amount will pay half in 2021. (zoom, 15 April 2020)

The Presidency Committee decided (with the dissenting vote of Mr. De Menezes) that it will allow a dispensation from annual fees only to associations organizing Central Council meetings. (zoom, 5 June 2020)

Reimbursement of expenses

As for the financing of missions, the Committee, upon proposal of the President, decided that (i) for missions of rapporteurs charged to prepare a report on applications, rapporteurs should try to find other means of financing travel and lodging expenses (e.g. taking advantage of concurrent missions carried out for international bodies); otherwise rapporteurs should be chosen from among neighbouring countries; finally, if no other option is possible, IAJ should bear expenses and the rapporteur would be invited to limit them as much as possible;

(ii) for missions concerning countries which are already members, the association of concerned countries should try to cover expenses in the first place. Otherwise members of the commission should be picked up from the judiciary of neighbouring countries. Finally, if the above-mentioned solutions could not be adopted, expenses should be borne by the concerned Regional Group and only as the final possible resource by the IAJ subject to a previous decision on this respect. (Yerevan, 2008)

The Presidency Committee, considering the needs experienced this year, decided also to slightly modify point 2.b. of the budget, replacing the words “travel expenses of Honorary Presidents and rapporteurs” with the following words: “travel expenses of Honorary Presidents, rapporteurs, representatives”. (Yerevan, 2008)

As to the reimbursement of expenses for the participation of IAJ representatives in conferences or meetings organised by third parties, after a debate the PC decided that, as a general rule, the expenses should be borne by the inviting party, but exceptions can be made if there are special reasons especially if the event may grant the IAJ an increased visibility. In this case the expenses will be charged on the IAJ budget or on that of Regional Groups according to the world or regional dimension of the event. As to the invitations made by the IAJ, the PC agreed that if the invitation is made on request of the guest the expenses shall not be reimbursed. The PC will decide each year who shall be invited to the CC meetings and which will be the expenses regime on a case to case basis as it was done in the past. (Naples, 2012)

The Presidency Committee decided that the IAJ budget covers only the expenses of the Honorary President who is a member of the Presidency Committee. (Rome, 2019)

Participation fees for the invited representatives of the NGOs: The PC decided that if the people invited asks the IAJ to cover the cost, then the IAJ would cover the cost. (Rome, 2019)

MISCELLANEA

Contacts between the General Secretariat and the Members

The Committee decided that the Secretariat will ask all National Associations to indicate the name of a person who is in charge of the relationships with the IAJ, namely by receiving the mail and spreading information within the members of the respective associations. (Rome, 2001)

 Content of the website

The Committee decided to publish the minutes of the meetings of the Presidency Committee and of the Central Council in the respective protected areas. These documents will be published only after they will have been approved during the meeting following the one to which they have reference. (Alicante, 2003)

As to the documents to be published in the restricted area, the PC decided that this will be the case of the minutes of the PC (for members of PC only), the Central Council, the Regional Groups for member associations only. The resolutions will be uploaded in the public area. As for other types of documents, the Central Council and the Regional Groups will decide on a case by case approach. With reference to the national reports for the Study Commissions, the PC decided that those for the current year will be published on the restricted area, while those for previous years and the final report and conclusions will be public.

The PC decided to cancel the section “news”, since that needed regular update, which will not be possible: that section may be renamed “upcoming events”. Also the PC decided to remove the links to Facebook and Twitter, since there are no IAJ accounts on those social networks.

The PC decided also to enhance the forum and to use it only as a tool for internal communication: it will not be accessible to the public. There will be a forum for the PC, a forum for member associations and a forum for each Regional Group.

The access to the restricted area of the website including the fora will be provided for the member associations not to all members of the member association. There will be one account and password for each member association. The member associations will be in charge to decide who of its members (president, secretariat, board etc.) will be allowed to use this access. (Naples, 2013)

The Secretary-General asked to modify the rule concerning the publication of the national reports for the Study Commissions for them to be uploaded directly into the public area of the website, since it was a heavy burden for the General Secretariat to move them from the restricted section to the open one. The Presidency Committee agreed. (Roma, 2019)

Relations with Den Haag Conference (HccH)

The Presidency Committee examined the report and proposal of Mr. Van Osch, IAJ representative at the Hague Conference. It fully entrusted Mr. Van Osch to take the floor during the works of the Conference and to give his contribution. In cases when he should feel that the proposed theme for the Conference is contentious, he will address a letter to the Presidency Committee, via the General Secretariat, to have guidance. (Marrakech 2018)

Relations with the International Union of Notaries (UINL)

The Presidency Committee decided that the agreement between IAJ and UINL of 1994 (in French) remains valid. It doesn’t in fact require any amendment, as there is a specific reference in point 4 to common initiatives, as follows: « Les représentants des deux Organisations pourront périodiquement se rencontrer pour discuter des sujets d’intérêt commun et pour organiser, à l’occasion des séminaires, de colloques ou de congrès, des tables rondes sur différents thèmes ayant trait aux objectifs commun précités, ainsi que pour assurer le bon fonctionnement de cet accord de coopération ». (Resolution adopted by e-mail on January 8^th 2019)

Relations with the Foundation Justice in the World

After a debate, the PC decided to stop further cooperation with the Foundation. The item of the Foundation will not be placed any more in the agenda of the PC and the CC. (Nur Sultan, 2019)

Last update: October 2023