Study trip to Karlsruhe, Hamm and Düsseldorf on the “Integrity of the Constitutional Judge”

Talks with Prof. Dr. Gabriele Britz (centre), a judge at the German Federal Constitutional Court, and Press Officer Dr. Max Schoenthal (2nd from left)
Talks with Prof. Dr. Gabriele Britz (centre), a judge at the German Federal Constitutional Court, and Press Officer Dr. Max Schoenthal (2nd from left)
Tunisia

From 25 to 29 November 2019, the IRZ welcomed a delegation from the Supreme Judicial Council of Tunisia and the “Provisional Authority for the Control of Constitutionality of draft-laws” (IPCCPL) for a five-day study visit on the “Integrity of the constitutional judge”. The event was held as part of the project for judicial reform in Tunisia, which the IRZ is implementing between 2017 and the end of 2019 with the support of the German Foreign Office. The study trip is part of the project component that is supporting the development of the constitutional court in Tunisia. The creation of a constitutional court was set out in the Tunisian constitution of 2014.

The delegation visited the German Federal Constitutional Court in Karlsruhe, the Higher Regional Court of Hamm and held talks with representatives of the Ministry of Justice for North Rhine-Westphalia in Düsseldorf. The following people attended meetings with the Tunisian guests:

  • At the German Federal Constitutional Court in Karlsruhe: Prof. Dr. Gabriele Britz, a judge at the German Federal Constitutional Court, and Dr. Max Schoenthal, Press Officer at the court;
  • at the Higher Regional Court of Hamm: Norbert Koster, a judge at the Higher Regional Court, and Martin Brandt, a judge at the Higher Regional Court and Press Officer at the court;
  • at the Ministry of Justice for NRW: Dr. Christian Reitemeier, Chief of Department and Head of the Department of Public Law, Constitutional Law and Department Coordination, Dr. Andreas Klenke, a Higher Administrative Court judge from the same department, and Dirk Reuter, Deputy Press Officer at the Ministry of Justice.

During the study visit, the Tunisian delegation discussed with their German hosts the relations between the media and the public on the one hand, and judges on the other hand. They shed light on the challenges involved in this area of conflict from a variety of perspectives. The main focus of discussions was on how the independence of the judiciary can be maintained in this context and the tasks and responsibilities of press officers at court. They also discussed conflicts, potential ways of providing help and practical discrepancies between judicial and executive authorities.

Since the parliamentary elections held in Tunisia in September and October 2019, the Tunisian government, in particular the Tunisian Ministry of Justice, has been working intensively under the newly elected President without a party, Kais Saied, to set up a workable constitutional court. Once the law on setting up a constitutional court has come into force, the court will be able to formally start work. However, this is being prevented from happening because of the failure of parliament to agree on the appointment of suitable candidates for judges. Until the time when the Tunisian Constitutional Court becomes fully functional, the IRZ is supporting the IPCCPL with specialist expertise. The aim of this project is to support the political and legal institutions of judicial and executive authorities in the implementation of the functions that are embedded in its constitution. In concrete terms, this means that the IRZ plans to continue with the constitutional support it has provided until now. However, more time is still required to achieve these objectives.

Exchange of experiences on consumer protection in Tunis

Werner Kannenberg (back row, centre), BMJV, and Iwona Husemann (on his right), NRW Consumer Organisation, pictured with participants in the exchange of experiences
Werner Kannenberg (back row, centre), BMJV, and Iwona Husemann (on his right), NRW Consumer Organisation, pictured with participants in the exchange of experiences
Tunisia

On 29 and 30 October 2019, the IRZ, together with the Tunisian consumer protection authority, organised the first exchange of experiences on consumer protection in the Tunisian and German legal systems. The event was aimed at Tunisian consumer protection workers. It took place within the framework of the institutional funding provided by the German Federal Ministry of Justice and Consumer Protection (BMJV).

Werner Kannenberg, Head of the Consumer Rights Enforcement department at the BMJV, and Iwona Husemann from the Consumer Organisation for North-Rhine Westphalia, represented the IRZ as experts at the talks. They discussed the following topics, amongst others, with the participants:

  • Consumer protection mechanisms in Tunisia and Germany
  • The role of civil society in consumer protection
  • Innovations in legal and economic consumer protection
  • Consumer protection and food safety

During the talks, the significant differences between standards of consumer protection in Germany and Tunisia soon become clear. In Tunisian consumer protection, food safety and the implementation of health standards are currently given a very high priority. The participants were therefore very interested in the structures of consumer protection in Germany and the possibilities that are available in Germany for exercising consumer rights. The new model declaratory action in Germany was also the subject of lively discussions.

This first exchange of experiences on consumer protection was a great success. The many participants from regional offices of the Tunisian consumer protection authority will share knowledge gained from the event far beyond the capital city. They also made the most of the opportunity to network with one another.

The subject of consumer protection will be discussed further next year within the framework of the Memorandum of Understanding on a working programme for cooperation between the BMJV and the Tunisian Ministry of Justice.

Morocco

Exchange of experiences in Tunis on the fight against corruption

Participants in the event together with IRZ experts Dr. Helmut Brocke and Jürgen Maurer (photo: Med Ali Mansali / INLUCC)
Participants in the event together with IRZ experts Dr. Helmut Brocke and Jürgen Maurer (photo: Med Ali Mansali / INLUCC)
Tunisia

On 22 and 23 October 2019, the IRZ, together with the Tunisian National Anti-Corruption Authority (INLUCC), organised a two-day exchange of experiences on “Combating Corruption – Mechanisms and Prevention”. This event took place within the framework of the institutional funding provided by the German Federal Ministry of Justice and Consumer Protection (BMJV).

Whilst Tunisia has already ratified all the relevant international and regional conventions on combating and preventing corruption, this subject continues to be relevant and it affects many areas of society, including politics, public administration, justice, health care and civil society. The exchange of experiences was therefore directed at various professional groups:

  • People working for INLUCC and various ministries,
  • representatives of civil society
  • trade union representatives,
  • scientists and
  • journalists.

The event was opened and moderated by Naima Boulila, Vice-President of INLUCC, and Mahbouba Boulaabi, legal adviser at INLUCC. The IRZ experts taking part in the event were Dr. Helmut Brocke, a lawyer and former Senior District Manager, and Jürgen Maurer, former Vice-President of the Bundeskriminalamt (German Federal Criminal Police Office).

On the first day of the event, the focus was on the issue of fighting corruption and the second day was devoted to preventing corruption. The following topics were discussed, with a view to the situation in Tunisia and Germany:

  • Combating corruption: the legal and institutional framework, shortcomings and implementation problems
  • Preventing corruption: the cornerstones of corruption prevention, legal framework, shortcomings and implementation problems
  • Parties involved in the fight against corruption: the role of civil society
The event led to many discussions and animated exchanges. The diversity of the participants meant that various points of view were put forward and discussed. The Tunisian participants seemed very interested and asked a lot of detailed questions. The German experts also learned more about the structures in Tunisia, leading to intense and wide-ranging exchanges of experiences throughout both days of the event. The event marked the start of a continuing cooperation with INLUCC.