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| Legal the EU's new legal eagle demands justice for all | Legal the EU's new legal eagle demands justice for all |
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| The senior legal adviser to the 28 EU member states has warned the European commission against tampering with justice. | The senior legal adviser to the 28 EU member states has warned the European commission against tampering with justice. |
| Calling for "a little humility", Hubert Legal made his remarks at a small private dinner on Thursday night hosted by Viviane Reding , the vice-president of the commission responsible for justice and fundamental rights. | |
| Legal – probably the best example of nominative determinism in the law since Lord Judge retired – is legal counsel to the council of the European Union. The council – not to be confused with the Council of Europe – is the body on which representatives of national governments sit. | Legal – probably the best example of nominative determinism in the law since Lord Judge retired – is legal counsel to the council of the European Union. The council – not to be confused with the Council of Europe – is the body on which representatives of national governments sit. |
| His unexpectedly frank warning was delivered during a break in the two-day public conference that Reding had called on the future of justice in the EU. A charming, cultured Frenchman who has served as a judge at an EU court, Legal spoke in elegant, often colourful English. | His unexpectedly frank warning was delivered during a break in the two-day public conference that Reding had called on the future of justice in the EU. A charming, cultured Frenchman who has served as a judge at an EU court, Legal spoke in elegant, often colourful English. |
| Warning the commission to be "cautious rather than brutal" in its plans to bring the justice systems of EU states closer together, he said "the risk of a global deterioration of the quality of justice is one that cannot be excluded if the traditional guarantees offered by the judicial systems of the member states are eroded by the loss of their autonomy without an equally coherent structure … making up for the losses". | Warning the commission to be "cautious rather than brutal" in its plans to bring the justice systems of EU states closer together, he said "the risk of a global deterioration of the quality of justice is one that cannot be excluded if the traditional guarantees offered by the judicial systems of the member states are eroded by the loss of their autonomy without an equally coherent structure … making up for the losses". |
| The commission should not behave as if its members were "missionaries explaining, sometimes forcefully, the rudiments of fundamental rights and due process to primitive man-eating tribes", he said. | The commission should not behave as if its members were "missionaries explaining, sometimes forcefully, the rudiments of fundamental rights and due process to primitive man-eating tribes", he said. |
| "One is talking to ancient nations about the very foundations on which they rest," he continued. "A little humility, interest for history and desire to learn would do no harm." He immediately stressed that this "was not to be understood as anything but a theoretical remark". | "One is talking to ancient nations about the very foundations on which they rest," he continued. "A little humility, interest for history and desire to learn would do no harm." He immediately stressed that this "was not to be understood as anything but a theoretical remark". |
| Warming to his theme, Legal said that "justice is not an imperfect science; it is an exact art". Its cultural impact needed to be considered before major changes were introduced. | Warming to his theme, Legal said that "justice is not an imperfect science; it is an exact art". Its cultural impact needed to be considered before major changes were introduced. |
| "What makes a judge legitimate is the No 1 question anyone should ponder before tampering with how justice works." In his view, legitimacy was based on the judges' ability to deliver judgments that were socially acceptable. "This cannot be achieved unless they constitute an educated emanation of the sensitivities of the peoples... on whose behalf they judge," he insisted. | "What makes a judge legitimate is the No 1 question anyone should ponder before tampering with how justice works." In his view, legitimacy was based on the judges' ability to deliver judgments that were socially acceptable. "This cannot be achieved unless they constitute an educated emanation of the sensitivities of the peoples... on whose behalf they judge," he insisted. |
| In her role as justice commissioner, Reding has often gone head to head with Legal in negotiating sessions. She clearly expected some provocative remarks from her principal guest at the dinner she gave on the 13th floor of the commission's Berlaymont building. But even she seemed briefly taken aback when Legal attacked specific proposals and pet projects of hers. | In her role as justice commissioner, Reding has often gone head to head with Legal in negotiating sessions. She clearly expected some provocative remarks from her principal guest at the dinner she gave on the 13th floor of the commission's Berlaymont building. But even she seemed briefly taken aback when Legal attacked specific proposals and pet projects of hers. |
| He called for a more cautious approach in moves to create a European public prosecutor. "There is a risk that not devoting enough time to the technical process of laying the foundations will permanently deteriorate the soundness and the authority of this new European entity," the lawyer said. | He called for a more cautious approach in moves to create a European public prosecutor. "There is a risk that not devoting enough time to the technical process of laying the foundations will permanently deteriorate the soundness and the authority of this new European entity," the lawyer said. |
| "To score a political success rapidly is rather often an achievable goal in EU legislative work when qualified majority [voting] applies. But it is not the end of the story and I think we have in mind the edification of a monument of some prestige, not of a roadside fish-and-chip-cabin." | "To score a political success rapidly is rather often an achievable goal in EU legislative work when qualified majority [voting] applies. But it is not the end of the story and I think we have in mind the edification of a monument of some prestige, not of a roadside fish-and-chip-cabin." |
| He also criticised the commissioner's suggestion that she could build on a phrase in article 7 of the EU treaty to create a way of warning member states when they were putting at risk the rule of law. The sort of mechanism envisaged by Reding would require a treaty amendment, he argued. | He also criticised the commissioner's suggestion that she could build on a phrase in article 7 of the EU treaty to create a way of warning member states when they were putting at risk the rule of law. The sort of mechanism envisaged by Reding would require a treaty amendment, he argued. |
| But Legal reserved his most scathing criticism for Reding's recently-introduced EU justice scoreboard, an annual statistical study designed as a way of comparing the efficiency and effectiveness of legal proceedings across member states. The figures for 2013 suggest, for example, that at one-third of EU states take more than twice as long as to resolve cases as the other countries,. | But Legal reserved his most scathing criticism for Reding's recently-introduced EU justice scoreboard, an annual statistical study designed as a way of comparing the efficiency and effectiveness of legal proceedings across member states. The figures for 2013 suggest, for example, that at one-third of EU states take more than twice as long as to resolve cases as the other countries,. |
| "Certainly to finish trials in an average of eight months is better than to finish them in eight years," said Legal. | "Certainly to finish trials in an average of eight months is better than to finish them in eight years," said Legal. |
| "However, to depict the performance of a judicial system taken globally through a simplistic graphic presentation based on a limited number of indicators of productivity is not very convincing from the angle of the science of statistics; but, more importantly, it is bound to be perceived by the national institutions concerned as the manifestation of a lack of comprehension and of modesty." | "However, to depict the performance of a judicial system taken globally through a simplistic graphic presentation based on a limited number of indicators of productivity is not very convincing from the angle of the science of statistics; but, more importantly, it is bound to be perceived by the national institutions concerned as the manifestation of a lack of comprehension and of modesty." |
| Legal's remarks – though presumably never intended for publication – will probably please the member states more than they will irritate the commission. Reding and her team made it clear that that they wanted a lively debate among the 600 people attending, an aspiration that was not always achieved in the formal sessions. | Legal's remarks – though presumably never intended for publication – will probably please the member states more than they will irritate the commission. Reding and her team made it clear that that they wanted a lively debate among the 600 people attending, an aspiration that was not always achieved in the formal sessions. |
| His comments come at a time when the justice commissioner is working hard to enforce the rule of law. In 2010, Reding intervened when France decided to expel thousands of Romanian and Bulgarian Roma. The following year, she took action when Hungary tried to sack a tenth of its judiciary. Another intervention followed in 2012, after the Romanian government undermined the authority of the country's constitutional court. | His comments come at a time when the justice commissioner is working hard to enforce the rule of law. In 2010, Reding intervened when France decided to expel thousands of Romanian and Bulgarian Roma. The following year, she took action when Hungary tried to sack a tenth of its judiciary. Another intervention followed in 2012, after the Romanian government undermined the authority of the country's constitutional court. |
| Reding has recently suggested making the EU charter of fundamental rights directly enforceable in the courts of all the member states, allowing the commission to bring infringement actions for violations of human rights even if these have nothing to do with EU law. | Reding has recently suggested making the EU charter of fundamental rights directly enforceable in the courts of all the member states, allowing the commission to bring infringement actions for violations of human rights even if these have nothing to do with EU law. |
| Chris Grayling, the justice secretary, told parliament this week that this would be opposed not only by the UK: the "overwhelming view" of EU states was against giving the charter a broader remit than it has at present. | Chris Grayling, the justice secretary, told parliament this week that this would be opposed not only by the UK: the "overwhelming view" of EU states was against giving the charter a broader remit than it has at present. |
| But creative tension between the commission and the member states is the way in which the European project proceeds. Reding certainly did not seem crestfallen as she bade her dinner guests farewell. | But creative tension between the commission and the member states is the way in which the European project proceeds. Reding certainly did not seem crestfallen as she bade her dinner guests farewell. |
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