17.03.2025 – The UIHJ, represented by Marc Schmitz, President, Patrick Gielen, Secretary General, and Guillaume Payan, Member of the Scientific Council, participated in the international conference “Better Enforcing National Judicial Decisions: A Requirement for Human Rights and the Rule of Law”, held at the Palais de l’Europe in Strasbourg under the auspices of the Luxembourg Presidency of the Committee of Ministers of the Council of Europe.
In her opening speech, the Minister of Justice of Luxembourg, Ms. Elisabeth Margue, emphasized that the effective enforcement of judicial decisions is an essential condition for the credibility of the rule of law. She stressed the need to ensure that justice does not end with a judgment but also guarantees the concrete implementation of citizens’ rights.
The discussions began with a presentation of the fundamental principles established by the case law of the European Court of Human Rights. Judge Mykola Gnatovskyy and Hasan Bakirci underlined that enforcement is a key component of the right to a fair trial. Despite numerous rulings by the Court, gaps and deficiencies persist in many member states.
The second panel highlighted recurring weaknesses: administrative burdens, lack of resources, absence of access to debtors’ asset information, and specific difficulties in enforcing decisions against public debtors. Pavlo Pushkar notably stressed the systemic problems of non-enforcement that undermine citizens’ fundamental rights.
The afternoon was dedicated to solutions, with the intervention of UIHJ. Patrick Gielen emphasized the need for swift, balanced, and effective enforcement. He called for the simplification of procedures, especially for uncontested claims, and for better access to asset information. He cited as an example the Belgian procedure for the recovery of uncontested B2B debts, which allows, thanks to the intervention of judicial officers, the resolution of 40% of cases without going before a judge, while respecting the rights of debtors.
Marc Schmitz presented the Global Code of Enforcement, developed by the UIHJ, aimed at harmonizing international standards for enforcement procedures. He emphasized the importance of adopting common principles while respecting national specificities, to ensure more consistent and effective enforcement worldwide.
Guillaume Payan stressed the need to modernize the existing tools of the Council of Europe, in particular Recommendation Rec(2003)17 and the CEPEJ Guidelines, to adapt them to current challenges, such as digitalization, the internationalization of disputes, and the growing use of amicable procedures. He also highlighted the crucial role of enforcement agents in protecting fundamental rights.
The conference concluded with a call to strengthen cooperation between states and institutions to ensure effective enforcement that respects everyone’s rights. The UIHJ reaffirmed its commitment to working with the Council of Europe to promote an efficient and accessible justice system, in service of the rule of law.
