Interview coordinated by María Luisa Domínguez Suárez, senior technician, head of the Justice line in the EUROsociAL Governance area
All areas of the public sector have had to respond to this unexpected pandemic that has shaken the foundations of our societies. How has the justice sector reacted in this difficult situation and what lessons, if any, does it give us for the future?
JCO: During the state of alarm, it was necessary to act with almost zero response times and take measures to face a reality that changed every day. This meant “express learning” for all the members of the ministerial team, who had to face the crisis, starting with learning from their own mistakes, but also, of course, from those measures adopted that worked well, such as covering essential services, working from home and electronic communication.
As a result of all this experience, if we should ever face such an emergency again, which I hope we will not, many of the measures to be taken would already be prepared in an emergency protocol that we must agree with the General Council of the Judiciary, the State Attorney General’s Office and the autonomous regional governments and it would only be necessary to activate them. As a result, the impact would be infinitely less than that experienced during the previous crisis.
HLF: Chile has actively faced the arrival of the coronavirus, and it has fallen to this ministry to establish guidelines for the operation of the public services related to the justice sector, which includes the agencies dependent on and administratively related to this secretariat of state, acting in the face of the needs and requirements that a health alert of this type entails.
In this context, I would highlight the speed of our actions, because, after the proclamation of the State of Alarm on 18 March 2020, actions were soon implemented at the legislative and executive level, seeking to establish mechanisms that would guarantee due access to justice by citizens with respect to the courts and the defence and legal assistance services, and adapt the operating conditions of the dependent agencies, giving continuity to the public function and ensuring the due protection of children and adolescents under the tutelage of the state, as well as of persons deprived of liberty.
In legislative matters, on 2 April Law No. 21,226 was promulgated, aimed at suspending hearings, extending deadlines and giving the Supreme Court powers to adapt the judicial processes to the reality of the lockdown and restriction of movements that the pandemic has demanded.
Another relevant piece of legislation promoted by this ministry, following the recommendations of the IACHR (Inter-American Commission on Human Rights), was Law No. 21,228 ordering a commutative general pardon in mid-April for people belonging to vulnerable groups from a health perspective, such as the elderly and pregnant women, establishing requirements for granting the pardon related to the percentage of the sentence served and the possibility of completing the remaining balance through house arrest or other control mechanisms.
As a general rule of action, an Action Plan for the entire justice sector was established, facilitating the coordination and planning of each of the services dependent on and related to this ministry, with the clear objective of preventing the spread of COVID-19 among the population and informing our officials, users and beneficiaries regarding the guidelines for action.
In the case of the National Service for Minors, along with having strict health protocols for the management of residences and the limitation of visits to protect the health of the children and adolescents living under the protection of the state, we put in place means of remote connection with their families of origin and with the legal teams handling their cases, while private individuals made donations consisting of personal protection equipment and electronic devices to facilitate their connectivity and internet services.
In the case of the prison population, similar measures were also adopted, segregating the cases of infection detected, which has so far allowed the few outbreaks that have occurred to be controlled. In addition, a messaging and video visit system has been put in place so that they can maintain contact with their families.
In the legal assistance and criminal defence services, we are experiencing a rapid transition towards virtual attention through different platforms, adapting to our users’ connection possibilities and participating virtually in the judicial hearings of the prioritised processes. This has been a positive experience that has even led to awards for good practices, through which we wanted to highlight initiatives promoted by officials in the sector, who, in a participatory and innovative way, have developed digital applications, service strategies and legal advice aimed at guaranteeing access to justice for the most vulnerable people.
The pandemic has also put us to the test and in many cases has brought out the best in us. Therefore, among the lessons learnt from this painful experience, we saw clearly the importance of coordinated action, not only by the various powers of the state, but also from the institutional framework that overarches the justice sector, allowing us to understand our role and the shared responsibility that we have for meeting the social and legal needs of the population, but safely, with the protection of people’s lives and health coming first.
Another relevant lesson is the establishment of remote assistance mechanisms, virtual hearings and, in general, undertaking judicial and extrajudicial actions that until recently were carried out exclusively in person, but their transition towards digitisation has allowed us to maintain the functioning of the administration system of justice, even though certain proceedings have been suspended or postponed. In this area, a Government Bill working its way through the National Congress addressing the operation of the justice system after the state of exception has ended, so we are working in advance to ensure that when the health emergency ends, actions are quick and efficient, guaranteeing due process.
The Justice 2030 Plan is an ambitious plan with a time horizon of 10 years and one of its objectives is to guarantee access to justice nationwide. Access to justice, understood in the broadest sense as a key right without which it is not possible to guarantee other rights (health, education, housing, etc.), is key to fighting inequalities and promoting social cohesion, especially in a situation like the current one. What concrete measures does the Plan contain in the strategic area of access to justice?
JCO: Firstly, I would like to point out that I fully agree with the definition that access to common justice as a key right, a right that allows other essential rights to be guaranteed.
Secondly, I want to explain that JUSTICE 2030 was born with the objective of establishing, in a coordinated and programmed manner, the actions of the Ministry of Justice, with the aim of transforming judicial administration over the next four years and establishing the bases that allow for a continuous process of transformation culminating in 2030.
Finally, one of the essential blocks of JUSTICE 2030 is, exactly that, access to justice. To summarise very briefly, it is intended to ensure easy access to justice for everyone by bringing the legal language up to date making it easier to understand and making it digitally accessible around the clock.
In its last public report, the Ministry of Justice and Human Rights presented a novel initiative to create a National Service and a National Plan for Access to Justice, with the technical support of the European Union’s EUROsociAL programme. What is the objective of this National Service for Access to Justice, and of the National Plan for Access to Justice?
HLF: The National Plan for Access to Justice constitutes one of the two strands that serve as a framework for the public policy guidelines on the matter and that have been implemented by this Administration. This initiative arises from the previous diagnoses and the work carried out to date with the public services that grant legal assistance to the most vulnerable population and specialised defence to priority groups. It also incorporates the technical assistance granted by the EUROsociAL Programme for the diagnosis of the situation and the design and implementation of the plan.
In this context, our challenge consists of designing and preparing a National Plan for Access to Justice that is capable of providing a coordinating framework for the public and private actors that are part of the access to justice system, positioning the Ministry of Justice and Human Rights as the technical and political reference in charge of it.
Consistent with the Plan, there is also the desire to create a National Service for Access to Justice which, as well as improving the coordination and granting of services, is aimed at promoting rights, preventing conflicts, providing guidance and counselling on legal matters, collaborative conflict resolution and judicial sponsorship in different areas of conflict, also granting special protection and defence for people belonging to vulnerable groups and, in particular, victims of crime. This involves not only legal services, but also psycho-social components that promote comprehensive and interdisciplinary care, professionally and free of charge for those who do not have the ability to arrange assistance themselves.
During this time we have also seen the importance of coordination with other institutions in all areas of public policies to guarantee their effectiveness. We believe this coordination is key in a public service such as justice in which different institutions
JCO: The organisation of judicial administration in Spain presents some peculiarities, both from the territorial point of view, the state sharing functions with some autonomous regions, and from the objective point of view, with the irregular distribution of powers between the General Council of the Judiciary and the Attorney General’s Office.
In this not always simple scenario, the management of the needs deriving from the pandemic was based on a co-governance system, in which decisions with a cross-cutting impact were agreed in weekly meetings by video-conference. And this system was shown to be a good one, allowing greater involvement of those affected and offering more satisfactory results for all.
For this reason, we must continue to seek consensus and to coordinate with the different administrations, so that we do not see conflict but rather an overlap in the concurrence of competences. Inter-institutional bodies such as the sectoral conference or the CTEAJE (Technical Committee of the Electronic Judicial Administration) should serve to reach agreed decisions that meet the expectations for the Justice 2030 Project.
And the approach is to follow this same line with the other legal operators and groups involved such as associations of judges, prosecutors or lawyers from the judicial administration, civil servants’ unions or the professional councils of lawyers, attorneys or social advisors, among others.
In all areas of public policies, coordination with other institutions is essential for ensuring their effectiveness, particularly so in a public service such as justice where different institutions and public powers intervene. What inter-institutional coordination mechanisms are foreseen in the framework of the National Service for Access to Justice?
HLF: Based on the diagnosis, which shows the justice system as a sum of services and disaggregated institutions presenting an offering that is not always fully accessible to the citizens who require it, we found it necessary to work on the structure and coordination of the system so as to organise and give coherence and complementarity to the bodies that have a role in granting access to justice, allowing us to identify gaps and pending challenges and also to propose medium and long-term actions to overcome existing barriers.
This is the foundation that sustains the creation of a National Plan, in which a National Inter-Institutional Commission for Access to Justice is of particular relevance to advise in a consultative manner on the policy being developed in this area.
Similarly, the projected legal initiative related to this issue also provides for a coordinating body that allows positive interaction between legal operators, guiding the service for access to justice towards meeting people’s needs and resolving their legal conflicts as the central focus of the organisation.
Within the Justice 2030 Plan there are two key measures to improve access to justice that EUROsociAL+ considers key and on which we are also working, on the one hand, promoting alternative dispute resolution methods to help reduce litigation in the courts and tribunals and, on the other hand, a law on defence rights, with the aim of guaranteeing access to justice for citizens. Could you elaborate a little more on both initiatives?
JCO: One of the JUSTICE 2030 initiatives is the insertion into our legal system of appropriate means for dispute resolution, as a measure that, beyond the initial slowdown and subsequent increase in litigation as a consequence of the pandemic, is considered essential to the consolidation of a sustainable public justice service.
With the introduction of these mechanisms, now consolidated in comparative law, the Enlightenment maxim is met and the codification process accomplished: that before entering the Temple of Justice, one must first pass through the Temple of Concord.
The public justice service must be able to offer citizens the most appropriate way to manage their problem. In some cases it will be an exclusively judicial route, but in many others it will be the consensual route that offers the best option. Choosing the most appropriate means of dispute resolution brings quality to justice and provides citizen satisfaction. In this context, the reasons for the parties to build solutions in dialogue in shared spaces become important.
With alternative or adequate dispute resolution methods, the leading role of the legal professions increases, especially due to the negotiating role of lawyers, which is always guaranteed, but there is also a role for other professionals such as court attorneys, mediators, social advisors, notaries and property registrars, among other professionals.
In October, we began processing the legislative initiative that allows us to implement these appropriate means of dispute resolution in our judicial system.
Regarding the Right to Defence Act, the objective is to address the creation of a law that collects in the same text the multiple expressions in which the right to defence is manifested, as an institution that affects the professional performance of legal operators, the processing of procedures and citizens’ access to justice. It is an essential pillar in the configuration of our justice model. In addition to a fundamental right recognised under Article 24 of the Spanish Constitution, the exercise of defence constitutes a backbone of the modern judicial process.
But, in addition to this aspect, the future law must address the regime in which legal professionals provide this service, regulating the ethical dimension inherent in their function. The new text must also include the legal regime that details the powers and safeguards of those who participate in the alternative dispute resolution mechanisms to jurisdiction, such as mediation, arbitration or conciliation.
All this without forgetting the welfare aspect of performing these services by duty lawyers and free legal assistance.
We are aware that your ministry is a determined promoter of alternative dispute resolution mechanisms as a tool to reduce litigation, particularly mediation and juvenile restorative justice tools where they have had the support of EUROsociAL. Could you tell us a little more about both measures?
HLF: In our country, we have been especially careful to guarantee and regulate the operation of collaborative conflict resolution mechanisms in different areas of social conflict, in family, health, work and school matters, to name a few. However, we do not yet have a mediation law that provides general guidelines. This is a pending task in which we have been able to advance through the forthcoming presentation and processing of a bill, which we hope can be approved by the National Congress.
Regarding the implementation of restorative justice tools for young people who have had conflicts with the law, we have some pilot initiatives in certain regions, which, to date, have the committed participation of the judiciary, the National Prosecutor’s Office and the Public Criminal Defence Office. Thanks to the criminal mediation processes conducted through professionals from the Judicial Assistance Associations, we are starting to see positive results from these tools that will allow us to advance based on the study and our experience, breaking down resistance and overcoming the barriers that are often presented both by the population and by the operators of the justice administration system themselves.
Both in Europe and in Latin America, different barometer surveys have shown a downward trend in citizens’ trust in justice. Reasons adduced relate to the lack of transparency, the limited or non-existent participation of citizens in the administration of justice and the technical legal language that is not very accessible for the common citizen, to name just a few. Do you think “Open Justice” can help reverse this situation? Do you think the coronavirus can help boost these processes?
JCO: One of the first initiatives of JUSTICE 2030 has been to resume the work of the Commission for the Modernisation of Legal Language, a body that I promoted during my time as Secretary of State in 2011.
The objective is to achieve legal language that is understandable, that allows a fluid dialogue between citizens and the judicial administration.
This is an idea recently shared with the director of the Royal Academy of the Spanish Language and we are now promoting collaboration to establish joint teams to enable texts and templates for the justice sector to be standardised.
The future for the modernisation of legal language passes through setting clear guidelines fundamentally in the legislative sphere when drawing up the rules, but also in vectors such as university training and practical courses, among others.
Likewise, and as a consequence of the coronavirus, we find ourselves in a new communication scenario between the courts and the public that we frame within an ambitious project called DIGITAL IMMEDIACY.
The new normal has highlighted the need to improve non-presential relationships with citizens to offer them services with full legal guarantees in order to avoid unnecessary travel and the suspension of processes when it is not possible to be physically present, as well as to allow citizens to be attended to by video-conferencing.
The new normal has highlighted the need to improve non-presential relationships with citizens to offer them services with full legal guarantees in order to avoid unnecessary travel and the suspension of processes when it is not possible to be physically present, as well as to allow citizens to be attended to by video-conferencing. Do you think Chile needs an access to justice law to guarantee this fundamental citizen’s right?
HLF: Access to justice is guaranteed in our constitution and this mandate is the basis that sustained the creation of the services provided by the Judicial Assistance Associations and the Public Criminal Defence Office.
Within this framework, I believe we should advance by building a national service such as the one I have outlined; that is, an institution capable of standardising structures and procedures, thus ensuring high-quality, professional, free and timely legal services, aimed at providing effective protection and defence before administrative and jurisdictional bodies, focusing on meeting the legal needs of citizens, especially those of the most vulnerable.
In the context of the health emergency and the normalisation of judicial activity and the more than foreseeable avalanche of judicial matters after the judicial administration has been shutdown for several months, what have been the keys and main measures to alleviate the collapse of justice after COVID-19? Has the service been normalised in this “new normal”? Which of these measures do you consider to be transferable as good practices to other countries in Latin America?
JCO: The pandemic has highlighted the need to promote the use of digital media in justice, as a quick and effective mechanism to improve access to justice for citizens (digital dossiers, electronic procedural processing, prior appointment, telework, telematic trials, etc.). How is the European, and more specifically, the Spanish justice system fairing in relation to the Digital Agenda? What difficulties or technical and legal obstacles are being encountered?
The European Commission has set as a priority for the period 2019-2024 achieving “a Europe adapted to the digital age”. The European Council, in its conclusions of 9 June 2020 on shaping Europe’s digital future, recognises that the digitisation of Member States’ judicial systems can facilitate and improve access to justice throughout the EU.
In this regard, the EU is undertaking specific actions and studies aimed at promoting the use of innovative technologies in the field of justice and digitisation. Among other things, a study has recently been carried out analysing Member States’ projects that use innovative technologies (AI, blockchain, etc.) as a means for improving justice. Work is currently being carried out on the draft conclusions on “Access to Justice and Digitisation at the European Level”.
As a result of specific actions aimed at the digitisation of justice, we find the European electronic justice portal (Portal e-Justice), through which access to information on justice is facilitated for citizens in relation to procedures, judicial authorities, professionals, legal operators and legislation. The portal also facilitates access to information in the case of judicial and extrajudicial processes in cross-border situations.
In order to achieve communication between the European judicial authorities, work is being carried out to create direct communication tools allowing rapid and efficient international legal cooperation – projects such as e-Codex and e-Evidence -, as well as technological tools for cooperation between judicial authorities such as ECRIS, for the exchange of criminal records between Member States. The Spanish Ministry of Justice is participating actively in all these activities.
At the national level, and in line with the EU, the digital transformation of justice is a priority for the Ministry of Justice. The implementation of the Digital Agenda aims to improve the quality and efficiency of public justice services through ICT. Some technological advances made in this regard are noteworthy; the LexNET system -which has been a definitive step towards a electronic judicial file-, the Electronic Judicial Auctions Portal -which allows bidding electronically by any interested party regardless of their geographic location- , the Judicial Records System (SIRAJ) and the interconnection with databases of other administrations through the Judicial Neutral Point are clear examples of the digitisation process in which we are immersed.
The main challenge facing us at both the European and national level resides in the diversity of information and procedural management systems that operate in the field of the administration of justice. It is necessary to strive for interoperability and interconnection among the different information systems, digital services and technological tools in the justice sector that operate throughout the national territory, and in turn, achieve their connection through interoperable and secure platforms with European systems. Another element to take into account is the challenge posed by the necessary adaptation of information systems, digital services and technological tools to the current regulations on data protection. In both cases, vigorous work is being carried out, at both the legislative and the technological level, to achieve this with all the necessary guarantees.
It is worth highlighting here the important work carried out by the ELECTRONIC JUDICIAL ADMINISTRATION STATE TECHNICAL COMMITTEE (CTEAJE), a body with important powers aimed at promoting compatibility and ensuring the interoperability of the systems and applications used in the judicial administration, as well as ensuring cooperation between the different administrations.
HLF: In June, the Ministry of Justice and Human Rights announced an Action Plan to support the restoration of judicial activity after the State of Alarm ends. For these purposes, it convened working groups in all areas of the judicial system, which met for a limited period, generating the study of numerous proposals from different institutional actors. These approaches were complemented with contributions from academics, as well as from civil society organisations and professional associations of lawyers, officials and mediators linked to the justice sector.
The foregoing is based on the fact that, as a consequence of the health emergency affecting the country, a large part of the judicial hearings have been suspended this year, since the legislation authorised giving priority to matters involving the protection and safety of the most vulnerable, and decisions involving the deprivation of liberty.
This is why the Ministry of Justice and Human Rights recently presented a bill that, in the criminal, civil, labour and family fields, proposes temporary measures, such as the extension of deadlines, and definitive ones, aimed at incorporating the good experiences used during this period, such as access through remote routes to numerous judicial procedures, in order to face this return to normalcy with a greater chance of success.
The bill submitted to Congress has two main strands. Firstly, it seeks to make the justice system more efficient, anticipating the work overload as a consequence of the decrease in income and the suspension of hearings during the state of alarm. Secondly, it promotes remote hearings, limiting the physical presence of people in the courts for health reasons and, finally, it permanently incorporates the mechanisms and institutions that have produced results during the operation of the courts in the emergency period, or that arise as highly recommended from it.
The health crisis has not only hit the economy and employment, it has also hit judicial activity, which, if it tries to return to the old normal, could collapse. For this reason, we must be able to manage the considerable decrease in hearings experienced in labour matters, which is around 70%; those relating to family issues, 80%; and those in the penal area, on average 66%.
We want to ensure the efficiency of the judicial action and that, during the time the transition lasts until full health normality returns, there are no direct contacts, to avoid infections. This, without prejudice to the due protection and legal defence of citizens, as well as to the activation and resolution of pending judicial processes.
Do you think that the experiences and measures adopted in Europe in the field of justice, where these normalisation plans are already being put into practice, may be of interest to Latin America in general and Chile in particular?
HLF: Of course, yes. The pandemic has generated significant lessons and learning in all latitudes, and all these experiences are valuable, since they allow us to define in a clearer way the route to follow, based on what could be applicable to our own idiosyncrasies, regulations and social and economic conditions.
The progress made in Europe is undoubtedly a benchmark that we must take into account, because, during the several months lead they had over us in experiencing the unfortunate consequences of this pandemic, they were also able to coordinate and document some very interesting initiatives at the judicial and extrajudicial level, regulating the work of legal operators and acting in a coordinated manner, to promote the necessary cooperation that should exist between the public and private sectors when facing challenges of the magnitude of this health emergency.
One of the most serious consequences of this pandemic is the economic crisis at all levels and the effects derived from it (increased unemployment, closure of companies, deployment of social programmes, minimum living wage, etc.). How can justice contribute to the reconstruction and reactivation of economic activity?
HLF: There are different levels at which our sector can make significant contributions. In our case, I believe that legislative initiatives aimed at the timely judicial resolution of conflicts not only contribute to a more just society, but also to peaceful national coexistence, which is essential if we want to overcome the conflicts that affect us, the basis of which is in the differences, inequalities and disagreements at the family, work and neighbourhood level. For this reason, justice is essential for social cohesion and for rebuilding trust among the community.
Apart from this, there are also specific examples in which our actions also contribute to economic reactivation, when we are able to guarantee the fulfilment of rights. In this line, our country, in addition to the different social and economic benefits implemented by the Government, and like others in the region, allowed part of workers’ pension funds to be used, to promote consumption and the satisfaction of essential needs that could not be covered because of the loss or significant reduction of income. In this order, our Ministry played an essential role in ensuring that these funds were used to pay overdue child support, which generated a strong impact, since, unfortunately, there are many cases in which people evade this type of basic obligation towards their children and it was vital to safeguard their rights and interests through such a law.
From another perspective, I feel calm when, despite adversity, we can continue to generate employment and strengthen the performance of our services through the material execution of works widely desired by both citizens and our own officials, by promoting the construction of new offices and facilities for the Legal Medical Service in the cities of La Serena and Talca, or the Closed Centre for Juvenile Justice in Antofagasta, among many other public infrastructure works generated from this ministry and that undoubtedly mean a contribution to the economic reactivation model promoted by the government.
The pandemic has highlighted the need to promote the use of digital media in justice, as a quick and effective mechanism to improve access to justice for citizens (digital dossier, electronic procedural processing, prior appointment, telework, telematic trials, etc.) How is the Chilean justice system in relation to the Digital Agenda? What difficulties or technical and legal obstacles are being presented?
HLF: Chile has a 2020 Digital Agenda, which is structured around five areas: Rights for Digital Development, Digital Connectivity, Digital Government, Digital Economy and Digital Skills. Each of them establishes strategic guidelines that are embodied in more than sixty measures, which, of course, present different levels and scopes.
In the area known as Rights for Digital Development, the adaptation of the current regulatory framework is contemplated, in view of new social phenomena relating to popular participation thanks to the development of information and communication technologies.
Regarding the impact of digital media on justice, it is important to note that, since 2016, our country has had an electronic processing law that establishes general principles for the processing of legal proceedings and the mandatory use of the computer system for the support and preservation of resolutions and procedural actions.
Notwithstanding the foregoing, holding hearings through telematic means constituted an innovation imposed as a result of the pandemic, which we hope can continue while we move towards the normalisation of judicial activity, and, if necessary, even after it, since, to date, it has allowed jurisdictional work to continue, providing access to justice for citizens.
Finally, EUROsociAL is a European Union Programme that promotes the exchange of experiences and good practices between counterparty institutions in Europe and Latin America, what added value do you think a programme like this has in terms of strengthening bi-regional dialogue in an area as important as justice?
JCO: From the Ministry of Justice -and also from the rest of the institutions in the justice sector in Spain, such as the General Council of the Judicial Power and the State Attorney General’s Office- we work with a multitude of cooperation programmes financed by the EU that aim to exchange experiences between European and Latin American institutions.
The peculiarity of EUROsociAL is that, unlike most of these programmes, it does not focus on the more “traditional” activities of international cooperation in the field of justice, such as the fight against organised crime, terrorism or corruption. In these matters, Europe and Latin America are already aligned in strengthening a solid rule of law that protects the legal security and freedom of its citizens.
EUROsociAL, however, calls on Europe and Latin America -and also, logically, the participating institutions- from the perspective of social cohesion, demanding a shift in the focus of the administrations towards public policies that seek a more democratic and transparent governance, the reduction of inequalities and the development of citizens’ capacities.
Therefore, the added value provided by EUROsociAL in the framework of this Euro-Latin American vision of justice is to propose a shift in the position that justice -as a sector, as a sum of institutions, as a framework for dialogue even- adopts towards citizens, making it into a public service aimed at meeting the targets of SDG 16.
HLF: Well, the dialogue between our regions is, obviously, of special importance, in view of both its history and its scope. That is to say, added to the inter-American dialogue, our relationship of reciprocal support with the European Union has great relevance today, in the face of the pandemic and other global challenges and, in the specific case of Chile, taking into account that we are negotiating an Association Agreement 2.0 between Chile and the European Union.
That said, the EUROsociAL programme, now in its third stage, has been a catalyst for greater synergies and joint work. In other words, its contribution has been substantive, giving greater scope to the bi-regional dialogue, contributing to the development of sectoral public policies whose maturation challenges both our region and Chile.
As I argued previously, the pandemic revealed various dimensions, and, for sure, international cooperation is one of them. Nurturing our internal public policies with foreign experiences is logical, considering that a global problem such as COVID-19 knows no borders and demands joint and coordinated efforts.
All in all, considering the high impact of the justice sector on the population and because justice is indexed to the essence of the state’s functioning, the technical assistance and support of a programme such as EUROSociAL becomes of special value due to the nature of the public goods on which the collaboration focusses.
What role can be played in this area by the Conference of Ministers of Justice of Ibero-American Countries (COMJIB), of which the Ministry of Justice is a part?
JCO: COMJIB is an essential actor throughout Ibero-America -which is also a community that unites Europe and Latin America, as we must not forget- because it is an absolutely ideal forum for dialogue between equals who are responsible for the definition and execution of public policies relating to justice.
EUROsociAL and COMJIB, in fact, are not strangers to each other, and their mutual collaboration in the second phase of the programme was successful in fields such as the socio-labour reintegration of people deprived of liberty, the expansion of alternative means of conflict resolution and comprehensive care for victims of gender-based violence.
The Conference, which will be celebrating its 50th anniversary in 2020, has not ceased to function despite the health emergency that largely prevents travel between its member states. The Spanish Ministry of Justice, which occupies one of its Deputy General Secretariats and leads one of its five lines of work, has supported the determined action by its General Secretariat to provide its members with a forum for sharing, almost in real time, experiences to provide solutions in all areas -access to justice, mediation, international cooperation- in these difficult times.
This ability to mobilise knowledge and public experience, together with its organisational structure and its ability to share guidelines and generate binding legal instruments, constitutes an asset of great value in the Ibero-American region, which means that COMJIB is being called upon to carry out a role in EUROsociAL that transcends that of a mere consultant or qualified advisor, making it into a strategic partner that contributes its unique vision and generates the best synergies with the programme and the region.
HLF: The Conference of Ministers of Justice of the Ibero-American Countries (COMJIB) is undoubtedly a key actor, a “communicating vessel” and the international organisation par excellence in matters relating to legal cooperation at the Ibero-American level.
In this context, it is worth recalling Chile’s current position as COMJIB’s Deputy General Secretariat and from which, together with the General Secretariat, we have promoted various spaces for international cooperation, both at a bilateral and multilateral level, always with an inclusive view regarding other international cooperation organisations and always in search of strategic employment and greater convergence with the various relevant international value networks.
In particular, since the responsibility for cooperation is one of the main areas in our foreign activities, there is no doubt that -at the sectoral level- COMJIB, by bringing together 22 Ibero-American states, is a great space for dialogue and convergence in the efforts that a modern cooperative and collaborative relationship demands at present.
In summary, EUROSociAL, COMJIB and other initiatives have shown that international cooperation is possible and necessary in times of pandemic, using digital tools, the international network and strengths in dimensions whose maturation and support are shown as areas for dialogue between Latin America and the European Union, such as: social cohesion, access to justice, prison policies, among other matters, which imply a global perspective and joint efforts.
