THE MAIN POINTS OF THE PARTICIPANTS’ IDEAS DURING
THE ORIENTATION COMMITTEE MEETING OF JUNE 2007
• Draw up a state of play of the implementation of the Law of 2004, as the Joint Commission for the study of the applications of experts who are now reaching the end of their three-year term.
• How can we bring together Experts Companies and the public or private authorities who provide expertise missions – laboratories, gendarmerie and police services, institutes… ?
• Study “judicial” expertise in other European countries, Germany in particular ; selection, accreditation, and assessment of the expert.
• Take an interest in the study of expertise in criminal matters and collective proceedings.
• What does expertise cost ? For example, genetic exams are expensive in France, but cost a lot less in Germany.
• The economic importance of litigation.
• Legal fees are a crucial element in the general economy of the justice system.
• Expertise – the quality of proceedings, the duration of trials…
• Broaden the study to more than just judicial expertise.
• Study the macroeconomic stakes.
• In the general public’s mind, a common misconception is that “An expert is the expert of the party who is paying him/her”.
• Lawyers try to “use” the experts to the advantage of those they are defending.
• Lengthy procedures create conflicts. Costs are unpredictable.
• The strong increase of legal protection systems : what are the impacts on judicial expertise ?
• The position of experts : how do stakeholders in the field of law feel towards them across the EU ?
• Public expertise missions may concern judicial experts. It is a field where they should be acknowledged/chosen for their excellence and independence :
– Precautionary principle
– Informing the population
– Land-use planning.
• Scientific truth is becoming more global. It can be based on variable evidence and so raises the question of the minimal necessary evidence ?
• Multidisciplinary expertise.
• “Everything is played out during the Expertise”.
• A consumer-based European approach.
A few more ideas
• Help the publication of research in the field of expertise.
• Award a prize for a work of excellence on the subject of expertise.
• Direct ourselves towards qualifying doctoral theses.
• Launch partnerships with administrative jurisdictions.
• Think of how to improve the expertise system in France, as well as active involvement in the harmonization work of expertise in Europe.
Address: Paris, France
Date: 14 June 2007