On 8 April 2021, IRZ organised an exchange of experiences on the “Enforcement of judgements and sentences” in a hybrid format. As well as representatives from the Tunisian Ministry of Justice, a number of criminal court judges from various courts in Tunisia and senior officials from prison administration were also present. The event took place as part of the joint working programme on legal cooperation between the German Federal Ministry of Justice and Consumer Protection and the Tunisian Ministry of Justice. The IRZ experts at the event were Andreas Stüve, Senior Public Prosecutor at the Düsseldorf Public Prosecutor’s Office, and Michael Nehring, a judge at the Regional Court of Bonn.
The following took part on behalf of the Tunisian project partners
Imed Derouiche, Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice
Omar Yahyaoui, a Public Prosecutor at the Ben Arous Court of first instance
Sonia Dridi, a sentencing judge at the Court of Manouba
Sinan Zbidi, a sentencing judge at the Court of Manouba
The subject of the event tied in with the Exchange of experiences on “Alternative forms of punishment and alternatives to pre-trial custody”, which took place in November 2020.
As well as discussing the fundamental principles and impediments to the lawful enforcement of judgements, the event also focussed on the roles played by public prosecutors and judges in the various sentencing options. Tunisia is currently taking advice on draft legislation for the new penal code. Alternative forms of punishment are already provided for by the law but are seldom applied. Alternatives to prison sentences, which until now have only existed in the form of rudimentary fines, also need to be reinforced.
Even though the aim in Tunisia is to enforce judgements as quickly as possible, the frequent absence of the defendants from the sentencing hearing is a major problem, since this means that the sentence cannot be enforced in these cases. As a result, the participants identified a need for the reform of national laws in Tunisia. There is also a requirement for improvements in the cooperation between judges, public prosecutors, the police and prison authorities when it comes to sentencing. A decision by the Ministry of Justice has already led to the introduction of a coordination unit.
With regards to sentencing and the use of alternative forms of punishment, the question of the maximum capacities of prisons also needs to be considered. In order to support the coordination between criminal justice and prison management, Tunisia has therefore introduced the position of enforcement judges. Enforcement judges are also responsible for imposing alternative forms of punishment.
The lively discussions between the participants showed that there is a requirement for further consultancy in Tunisia, particularly on the subject of enforcing fines and issues concerning the organisation and supervision of probation decisions. IRZ will therefore continue and intensify its cooperation with the Tunisian justice system in the field of alternative sanctions.
On 31 March 2021, IRZ organised an exchange of experiences on consumer protection in the banking sector in Tunisia and Germany. The online event was aimed at representatives of the Tunisian Ministry of Justice, the Consumer Protection Organisation, the Central Bank of Tunisia and the Professional Association of Banks and Financial Institutions. A number of judges and lawyers also took part in the exchange of experiences. The event took place as part of the current working programme on legal cooperation between the German Federal Ministry of Justice and Consumer Protection and the Tunisian Ministry of Justice.
Representing IRZ was Jochen Robert Elsen, Deputy Director of the International Division at the German Federal Financial Supervisory Authority (BaFin). The following took part on behalf of the Tunisian project partners:
Imed Derouiche, Public Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice
Badii Ben Abbes, Presiding Judge
Akrem Barouni, Vice-President of the Tunisian Consumer Protection Organisation (ODC)
Raja Gharbi, Head of Communications and Strategic Affairs at the Tunisian Professional Association of Banks and Financial Institutions (APTBEF)
Abdellatif Ben Heddia, President at the Tunisian Financial Services Supervisory Authority (OTSF)
Hatem Rouatbi, a lawyer and professor in civil law and head of the research department for dispute resolution and enforcement at the University of Tunis El Manar, (ReLèVe)
The process for developing a legal framework for consumer protection has been accelerated in Tunisia over recent years. Advancing digitalisation and the increasing efforts of the state and the financial sector to provide more people with access to the services of formal bank and insurance systems through financial inclusion have also led to a shift in attention to abuse, disinformation and fraud. Until now, the Tunisian banking system and financial products on offer have not been sufficiently consumer-friendly and transparent. The network of consumer advice centres available in Tunisia is still inadequate.
The objective of the exchange of experiences, which marked the first in a series of events on the subject, was to bring more attention to the regulation of financial products in the banking sector in Tunisia and to establish any potential irregularities and the corresponding need for regulations.
The Tunisian partners reported on a requirement to extend consumer protection and the legal regulations that still need to be introduced in this respect (e.g. concerning services in finance and insurance), and pointed out the need for voluntary commitments by banking and financial services providers in Tunisia. They also discussed the unreasonably high fees for financial services and the issue of risky loans exploiting consumers. Clear regulations and supervisory authorities are needed, which would also cover due diligence for banks and financial institutions.
The participants were particularly interested in the possibility of dispute resolution out of court by ombudspeople in the German banking and finance sector, which was presented by the German expert Jochen Robert Elsen. According to the participants, it would also be desirable to set up this kind of arbitration body in Tunisia, especially as consumers are already provided with opportunities for mediation by financial services providers.
The online event was very well attended, with more than 40 participants. Discussions were animated and the participants expressed the desire to continue the dialogue with a follow-up event.
IRZ will therefore continue to develop the cooperation together with the partners mentioned above and to intensify the expert discussions with a view to more transparent and consumer-friendly financial inclusion.
Because of the effects of the COVID-19 pandemic in particular, the subject of digitalisation is becoming a focus of attention in the justice system, as it is in many areas of our lives and work. It is against this backdrop that IRZ’s project section for Africa organised a series of events this year on the complex subject of the “Digitalisation of the justice system”. One of these events was the regional conference on “Electronic legal transactions in North Africa,” which took place on 9 December 2020. The online event was organised by IRZ in partnership with the Tunisian Ministry of Justice and the German Federal Bar Association (BRAK). Around forty members of the judiciary from Tunisia, Morocco and Algeria took part in the conference, which was the first in a series of events organised by IRZ and BRAK. The event was financed by the German Federal Ministry of Justice and Consumer Protection.
The full-day online conference covered the following subjects:
The current status of the digitalisation of the justice system in Tunisia, Morocco and Algeria
Electronic legal transactions in the justice system and in particular in the work of lawyers in Germany
Data security in electronic legal transactions
Digitalisation in the legal profession and in the administration of justice in Germany
The participants discussed their experiences in these areas in the context of current developments in Germany, Tunisia, Morocco and Algeria. It soon became clear that, despite the different approaches between the countries, similar problems need to be addressed in the digitalisation of the justice system.
The following institutions were represented at the online conference:
the bar associations of Tunisia and Algeria
the Tunisian chamber of notaries
the Ministries of Justice of Tunisia, Morocco and Algeria
courts in Tunisia, Morocco and Algeria
All participants in the conference see the digitalisation of the justice system as a great opportunity and they agreed that the process should be accelerated. The COVID-19 pandemic and the closure of almost the entire judicial system in North African countries have demonstrated the urgency of introducing electronic legal transactions. Compared with other areas, electronic legal transactions are still underdeveloped in North Africa: Claims are still submitted in paper form, there is almost no electronic communication between those working in the justice system, and administrators have not received the relevant training.
The judiciary and lawyers therefore work much more slowly than is the case in Germany, for example. With legal transactions being processed in paper form, the closure of courts as a result of the COVID-19 pandemic also had the major disadvantage of making it completely impossible for citizens to access the law, rather than just more difficult. This situation has shaken confidence in the rule of law and made the justice system dependent on physical factors. Digital procedures are therefore essential for a modern justice system.
Lively discussions took place at the conference, underlining the remarkably high level of interest shown by the participants in this complex and topical subject. IRZ plans to continue and intensify its partnership with North African partner countries in the area of e-Justice. The objective is to create a platform for discussing current developments, challenges and successes in the relevant countries and thereby get all those working in the justice system involved.
