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Inaugural Speech of Mr. Canivet

Minister, as I stand here beside you, it is both a pleasure and an honour for me today to welcome to the Cour de Cassation my colleagues from the European Supreme Courts.

A day when the Chief Justices of the Supreme Courts of the States of the European Union visit us in Paris is a privileged day for French justice and reason indeed for this Court to rejoice.

Today, we are doubly fortunate. At meeting once again, dear friends, at the start of 2004, at the end of winter or, as you will, on the verge of spring, we of the old Europe of the 15, now well acquainted through our frequent and always pleasurable encounters, the joy we share today is in welcoming our colleagues from the ten new Member States of the European Union into our fold, into the community of courts of the now great Europe of the 25.

In fact, we are already acquainted through the colloquies organised by the Council of Europe or through bi-lateral relations but today, it is the Union’s legal order that they are joining, that they are entering as courts of the community law we all share.

So we already belong to the same judicial organisation. Through our own particular procedures, we apply the same law, a law uniformly interpreted, thanks to the preliminary ruling procedure which attaches us to the Court of Justice of the European Communities and according to the general procedural and substantive principles that we develop together. So there is indeed a system of justice in Europe, a system of justice of Europe, whose shared values, uniting us in a common judicial and procedural culture, have recently been bolstered by the European Charter of Fundamental Rights, framework laws, that are essentially a restatement of the European Convention on Human Rights, which we were already uniformly applying through the interpretation of the European Court of Human Rights.

It is therefore on behalf of all of us that I extend a warm, enthusiastic and fraternal welcome to the Chief Justices of the Supreme Courts of Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia into our legal community,.

Our meeting today has a twofold aim. First, and the focus of our work this morning, is to follow up our reports on common themes. The topic we chose was access by the parties to the supreme courts in criminal proceedings. The way has been paved for our discussions by the reports prepared by each State, the national reports, which will be presented to you by a committee of rapporteurs, who have examined them and will provide us with summaries which will serve as the starting point for our discussions.

The afternoon will be devoted to consideration of a scheme for an Association of Chief Justices of European Supreme Courts, which it will be my privilege to present to you.

The proceedings will continue with the launching of the celebrations to commemorate the bicentenary of the Civil Code, an event planned by the Garde des Sceaux, the Minister of Justice, and commencing with the colloquy you have done us the honour of attending and with an exhibition which we will together inaugurate at the Assemblée Nationale tomorrow evening.

As indicated in the Programme, at the start of the afternoon, we will welcome Mr. Vitorino, European Commissioner for Justice and Home Affairs, our proceedings being brought to a close this evening by Madam Minister for European Affairs.

Minister, despite a heavy and demanding schedule, you have kindly agreed to open our proceedings, thus enhancing them with all the weight of your authority. We are very much alive to the interest this betokens on your part in the courts of Europe. Your words will spur us on as we seek to develop a sound, independent, effective and fair system of justice within the common area of freedom, security and justice we are in the process of building.