Towards Creating E-Environment in Justice - Common Standards on Promoting Quality of Judicial Training and Regional Cross-Border Cooperation in SEE

Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

TOWARDS CREATING E-ENVIRONMENT IN JUSTICE COMMON STANDARDS ON PROMOTING QUALITY OF JUDICIAL TRAINING Trg i Sarajevo AND REGIONAL CROSS-BORDER COOPERATION IN SEE

Financed by the European Union 1 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

TOWARDS CREATING E-ENVIRONMENT IN JUSTICE

Title: Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE COMMON STANDARDS ON Publisher: Regional Cooperation Council Trg Bosne i Hercegovine 1/V, 71000 Sarajevo Bosnia and Herzegovina Tel: +387 33 561 700; Fax: +387 33 561 701 PROMOTING QUALITY E-mail: [email protected] Website: www.rcc.int Author: Aneta Arnaudovska OF JUDICIAL TRAINING

Editor: Ivana Goranic and Jorida Shytaj, RCC Consulting editor: Amer Kapetanovic, RCC AND REGIONAL CROSS-BORDER Design & Layout: Šejla Dizdarević September 2019 COOPERATION IN SEE

Sarajevo, September 2019

of the RCC or of its participants, partners, donors or of the European Union.

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2.1.3.2. Bosnia and Herzegovina - Centre for Judicial and Prosecutorial Training of Feder- TABLE OF CONTENTS ation of Bosnia and Hercegovina and Centre for Judicial and Prosecutorial Training of Republika Srpska ...... 20 2.1.3.3. Kosovo* - Academy of Justice ...... 20 FOREWORD ...... 7 2.1.3.4. Montenegro - Centre for Training in Judiciary and State Prosecution ...... 21 CHAPTER I ...... 8 2.1.3.5. Serbia - Judicial Academy ...... 21 1. Notion and components of quality of the judiciary ...... 8 2.1.3.6. Republic of North Macedonia - Academy for Judges and Public Prosecutors “Pavel 1.1. The notion of quality of the judiciary and its elements ...... 8 Shatev” ...... 21 1.1.1. The role of training institutions in enhancing the quality of judiciary ...... 9 3. Good practices of EU Member States and other states JTIs ...... 23 1.1.2. The crucial role of trainers and mentors in enhancing the quality of JTIs ...... 9 3.1. Existence of a centralised database - best practices ...... 23 1.1.3. Main areas towards establishing common criteria for enhancing the quality of the training 3.1.1. Bulgaria - National Institute for Justice ...... 23 process ...... 10 3.1.2. Croatia - Judicial Academy ...... 24 2. Comparative review of best practices in detected areas for establishing common standards ..... 11 3.1.3. Moldova - National Institute of Justice ...... 24 2.1. WB judicial training ...... 11 3.1.4. Spain - The Spanish Judicial School ...... 24 2.1.1. Existence of a centralised database in the respective training institutions ...... 11 3.1.5. UK: England and Wales ...... 24 2.1.1.1. Albania - School of Magistrates ...... 11 3.2. Process of selection and criteria for becoming a trainer/mentor in other jurisdictions ..25 2.1.1.2. Bosnia and Herzegovina - Centre for Judicial and Prosecutorial Training of Feder- 3.2.1. Bulgaria - National Institute for Justice ...... 25 ation of Bosnia and Hercegovina and Centre for Judicial and Prosecutorial Training of Republika Srpska………………………………………………………………………… ...... 12 3.2.2. Croatia - Judicial Academy ...... 26 2.1.1.3. Kosovo* - Academy of Justice ...... 12 3.2.3. Moldova - National Institute of Justice ...... 26 2.1.1.4. Montenegro - Centre for Training in Judiciary and State Prosecution ...... 13 3.2.4. Slovenia - Judicial Training Centre ...... 27 2.1.1.5. Serbia - Judicial Academy ...... 13 3.2.5. Spain - The Spanish Judicial School ...... 27 2.1.1.6. Republic of North Macedonia - Academy for Judges and Public Prosecutors “Pavel 3.2.6. UK England and Wales - Judicial College ...... 27 Shatev” ...... 13 - 2.1.2. Process of selection and conditions for becoming a trainer and/or mentor ...... 14 odologies ...... 28 2.1.2.1. Albania - School of Magistrates ...... 14 3.3.1. Croatia - Judicial Academy ...... 28 2.1.2.2. Bosnia and Herzegovina - Centre for Judicial and Prosecutorial Training of Feder- 3.3.2. Moldova - National Institute of Justice ...... 28 ation of Bosnia and Hercegovina and Centre for Judicial and Prosecutorial Training-of Republika 3.3.3. The Netherlands - Training and Study Centre for the Judiciary (SSR) ...... 29 Srpska ...... 15 3.3.4. Slovenia - Judicial Training Centre ...... 29 2.1.2.3. Kosovo* - Academy of Justice ...... 16 3.3.5. UK: England and Wales - Judicial College ...... 29 2.1.2.4. Montenegro - Centre for Training in Judiciary and State Prosecution ...... 17 CHAPTER II ...... 31 2.1.2.5. Serbia - Judicial Academy ...... 17 1...... 31 2.1.2.6. Republic of North Macedonia - Academy for Judges and Public Prosecutors “Pavel 1.1. Shatev” ...... 18 justice ...... 31 2.1.3. Process of selection of training participants/existence of interactive programmes and 1.2. Findings related to common standards in the process of selection of trainers and other experts 33 methodologies ...... 19 1.3. Findings related to establishing new training programmes and methodologies which could be used 2.1.3.1. Albania - School of Magistrates ...... 19 at regional level ...... 34

* This designation throughout this document is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence 4 5 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

CHAPTER III ...... 36 1. Proposals for improvements on individual-economy and regional level...... 36 1.1. Improvements on individual-economy level...... 36 1.1.1. Conditions and procedure for selection and reappointment of trainers and mentors and other experts ...... 36 1.1.2. Quality management of the training cycle...... 37 1.2. Creating a regional e-justice platform as the first step towards establishing regional E-justice Documentation Centre...... 38 1.2.1. Development of a regional database of trainers and mentors and other relevant experts...... ……………………………………………………………………...... ………………..38 1.2.2. Joint meetings and peer-to-peer sessions and missions...... 39 1.2.3. Quality of training materials...... 39 CHAPTER IV ...... 40 1. Towards establishing common standards for developing an EU law training curriculum...... 40 1.1. EU law training in the SEE jurisdictions – current situation and deficiencies...... 43 1.1.1. Initial training...... 41 1.1.2. Continuous training (comprehensive/participative coverage of EU law)...... 41 1.2. Good practices of the EU Member States which could be used for establishing a regional database on EU law ...... 42 FOREWORD 1.2.1. Italy ...... 42

1.2.2. The Netherlands...... 43 Regional cooperation is of utmost importance an integral part of this programme, a comparative 1.2.3. Portugal...... 43 for enhancing mutual trust among the judiciaries study is provided in order to detect the possible through exchange of trainees, trainers, mentors, common basic standards for enhancing the quality 1.2.4. Romania...... 43 training materials and know-how. The judicial train- of judicial training and its components in the main 1.2.5. Spain ...... 43 ing institutions in the region are among key factors phases of the training cycle, thus creating the base for advancing the independence, competence and for exchange of trainers and mentors, materials 1.2.6. Visegrad group countries (V4)...... 43 professionalism of judges and prosecutors, but as and methodologies among the SEE JTIs. In paral- 1.3. Recommendations related to the development of a regional e-platform on EU law with RCC facili- well of other legal professionals. Nowadays, the lel, this document will propose the possible mo- tation ...... 44 judicial training should enable establishing, en- dalities of regional and international cooperation 1.4. Recommendations towards establishing common regional standards on ensuring good quality of hancing and further promoting knowledge and (conferences, roundtables, bilateral and multilat- judicial training on international and EU law in the WB economies...... 45 skills of the judicial and prosecutorial officials such eral peer-to-peer meetings, exchange of trainers, as preparation and managing the case before the trainees and know-how) for achieving these com- CHAPTER V ...... 47 court, judicial thinking and reasoning, and improve mon standards by judiciaries striving to achieve 1. Conclusions/recommendations - future RCC activities as a leading regional facilitator in EU oral and written skills, decision-making process and implement the international standards of in- judicial networking ...... 47 and legal argumentation. dependent, efficient and accountable judiciary. We shall propose the content of a database to support In this regard, identification of the potential areas regional exchanges of trainers and mentors, to en- of regional cooperation is a prerequisite for creat- able better use of existing materials, e-learning ing standards and programme of cooperation, study courses and platforms and other existing results of visits and exchange by the Regional Cooperation different projects in judicial training in SEE as well Council, aiming to strengthen the European per- as the other activities based on objective criteria spective of WB economies and, at the same time, and under equal conditions. improve the rule of law in EU MS in the region. As

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international documents define efficiency as de- consistent and regular cooperation in between livering quality decisions in a reasonable time, the meetings and conferences (mostly due to the after fair consideration of all issues and with effi- lack of financial means) on their own initiative cient managing of the cases. Individual judges are and without the support of the networks and in- obliged to ensure the efficient management of cas- ternational projects. es for which they are responsible1. More regular direct bilateral or multilateral links 1.1.1. THE ROLE OF TRAINING should be strengthened through facilitation of the networks. Regional Cooperation Council is well INSTITUTIONS IN ENHANCING positioned to support such activities and to de- THE QUALITY OF JUDICIARY velop database and statistics of the regional judicial training in EU law and other common topics in The training institutions have been established in close cooperation with the existing networks and most of the EU MS and in SEE and have been func- relevant national, regional and European institutional for more than 10 years. They have all intro- tions. The quality and consistency of regionally duced a process for selection and initial training organised judicial training and as a result more of future judges and prosecutors, some of them competent, efficient and independent judiciaries following the model of the French National School will gain trust of citizens which is the common for the Judiciary (Ecole Nationale de la Magistra- interest of judiciaries, training institutions, gov- ture) and others some other established system. ernments and citizens. Some of the judiciaries introduced initial training as one of the preconditions for entering the pro- 1.1.2. THE CRUCIAL ROLE OF fession and some introduced initial training as obligatory training after the appointment process. TRAINERS AND MENTORS IN ENHANCING THE QUALITY OF The key factor for promoting quality training is JTIs CHAPTER I the independence of the training institution itself. Consultative Council of the European Judges Opin- Trainers and mentors (coaches, tutors) bear the ion No 4 on training for judges states that “any basic activity of the training institution – that of authority responsible for supervising the quality of education defined as a process of receiving or giv- the training programme should be independent of ing systematic instruction, especially at a school 1. NOTION AND COMPONENTS OF QUALITY the Executive and the Legislature and that at least or university. But the judicial training, as an adult half its members should be judges. Training is a learning process, has it specificities as being ad- OF THE JUDICIARY matter of public interest, and the independence of dressed to a specific target group composed of the authority responsible for drawing up syllabus- several sub-groups. Those are the trainees and in es and deciding what training should be provided sitting judges and prosecutors, who are subject- must be preserved. This is a corollary of the gener- ed to certain national and international standards al principle of judicial independence”2. 1.1 THE NOTION OF tional building which is included in the plan of fu- and guarantees on independence, accountability ture activities in all the participating judiciaries. and autonomy. Here the trainers should possess Judicial training institutions in Western Balkans QUALITY OF THE JUDICIARY large scale of skills and abilities (professional and have established and promoted good regional co- The training should meet the needs of its target andragogic), which should be constantly updat- AND ITS ELEMENTS operation through direct links, joint meetings, groups participating in the training events, as well ed, evaluated and modernised. According to Mal- conferences and participation in joint networks as of other stakeholders, users of the court ser- colm Knowles, there are several features of adult (RCC, EJTN, IOJT). Unfortunately, despite many Improving the organisation and strength of training vices, other legal professionals, society in general learning: self-concept- adults direct their own efforts, the JTIs have not succeed in maintaining institutions is a continuous process representing an and –most importantly - the citizens. This training learning, prefer discussion or problem-solving ex- integral part of the process of enhancing the quali- should be of such a quality to be able to produce 1 CM Recommendation CM-Rec 2010 (12) of the Committee of ercises that allow them to draw on their life expe- ty of judiciary in general in their interconnectivity. fair and efficient court processes, court decisions Ministers to member states on judges: independence, efficiency and responsibilities, para 31, https://rm.coe.int/16807096c1 riences, believe the information will assist them Regional cooperation is seen as one of the possible written in a clear language, well-reasoned and is- 2 CCJE Opinion No 4 on training for judges (para 13- 15), in dealing with real-life tasks or problems, per- supportive elements in these processes of institu- sued by an independent and impartial court. The https://www.coe.int/en/web/ccje/opinion-n-4-on-training- ceive education as a way of obtaining knowledge for-judges

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that can be used immediately to resolve problems || To identify conditions and procedures for (problem centred), and the fact that most potent selection and update of the pool of train- motivators for adult learning are internal3. ers and mentors and to agree on the best practices of evaluation process (importance There is a need to improve the cooperation be- of exchange of experiences between EU MS tween JTIs and law faculties in both directions and non-EU judiciaries). with facilitation of the RCC and in cooperation || To identify specialised programmes focused with SEELS and other relevant institutions which on use of IT tools, motivating and ensuring could give strong support to this process based on pro-active participation of the participants, expressed needs of the stakeholders. The database at the same time using experiences and ex- developed by GIZ ORF LR hosted by the RCC will be isting tools developed by European organi- a useful tool to support this process in EU law. sations and JTIs. 1.1.3. MAIN AREAS TOWARDS ESTABLISHING COMMON CRITERIA FOR ENHANCING THE QUALITY OF THE 2. COMPARATIVE REVIEW OF BEST TRAINING PROCESS PRACTICES IN DETECTED AREAS FOR || To start the process of development, selection and IT storage of quality training ma- ESTABLISHING COMMON STANDARDS terials and of the information management system based on the common standards, to support development of new audio-visual techniques and methodologies in training institutions and identify which are to be 2.1. WB JUDICIAL 2.1.1. EXISTENCE OF A shared with the RCC (to start functioning as CENTRALISED DATABASE IN a hub for regional activities in EU law and TRAINING other common topics). THE RESPECTIVE TRAINING Comparative data have been collected based on 3 Malcolm Knowles Adult learning theory – Andragogy, 1980 INSTITUTIONS the Questionnaire distributed to the JTIs in the region containing a set of selected questions in 2.1.1.1. ALBANIA - SCHOOL OF areas where common regional standards could be MAGISTRATES established. Data are presented in three different areas of common interest: existence of a central- Training materials are usually selected and made ised database for storage and selection of training available for the training activities by the training materials; building the capacities of the training experts/facilitators, who are part of the training staff; and development of specific programmes and panel for every training seminar for judges and methodologies. This information will serve as a ba- prosecutors, or other training categories. Every ex- sis for development of a regional e-platform and pert submits the training materials to the continu- database, but also as a foundation of enhanced co- ous training department at least 10 days before the operation and mutual trust among the SEE judicial training activity takes place. The materials address training institutions and judiciaries. the topics to be treated during the training activity including doctrinal issues, Albanian case-law, case- law of different EU courts, comparative materials with EU law, etc. Study visits and internships are prepared usually in cooperation with the Council of Europe, and as the case may be with other coun-

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terpart judicial training institutions. The training highest courts, as well as the court practice of the 2.1.1.4. MONTENEGRO - CENTRE available on permission only and is maintained by materials are made available in the Moodle plat- international courts including the ECHR case-law. FOR TRAINING IN JUDICIARY AND an external company. form (e-learning platform), which is accessible by Training and project materials are published on the all judges and prosecutors and project information website of the Centre (the documentation centre), STATE PROSECUTION Depending on the subject matter, the training ma- is made available through the website and Face- they are sent to the participants via e-mail and if terials are chosen in line with the training content, The Centre for Training in Judiciary and State Pros- book page, but participants also take a hard copy necessary in printed copies. The list of the library but always a combination of theoretical presenta- ecution has not developed a process of selection for the training activity. Training materials are not literature is published on the Centre’s website. tion and related jurisprudence. Also, if the semi- and categorisation of training material. By amend- visible on the website, for other JTIs, they are only Trainers identify the materials to be used in specif- nar is organised in cooperation with other projects, ing the Rulebook4, it is envisaged that the trainer is made accessible in the e-learning platform and only ic educational process in agreement with the au- project materials and findings are used in addition obliged to prepare the programme/agenda and the for judges and prosecutors in the system, for legal thorised staff from the Centre. The procedure for to the relevant law provisions. training material and submit them to the Centre assistants, and candidates for magistrates. The publishing materials and other useful information minimum 5 days prior to the scheduled training ac- Giving the fact that documentation centre is un- persons responsible for proposing the materials to is performed by the senior programme staff. tivity. Training material consists of the Power Point der construction and that the new website has just be published online are heads of different depart- presentation, examples from practice or hypothet- been launched, the system of different types of ments, such as responsible persons from the Initial 2.1.1.3 KOSOVO* - ACADEMY OF ical cases, and possibly, scientific papers. Trainers study materials for different user groups has not Training and Continuous Training Department. JUSTICE quite often submit their material to the Centre and been established yet. At the moment, the JTI is in it is sent via e-mail to the participants before or the process of establishing comprehensive library 2.1.1.2. BOSNIA AND HERZEGOVINA The Kosovo* Academy of Justice does not have after the training activity. All material, publica- and e-library that can be accessed via website, as any formal process for selecting training mate- tions and handbooks considered to be useful are well as a system that could identify different target CENTRE FOR JUDICIAL AND rials. This is left to the discretion of trainers as published on the website of the Centre. There is groups and prepare different materials based on a each trainer determines which training materi- PROSECUTORIAL TRAINING OF no assigned person for selection of materials and particular group. There is no system for identifying al should be used during the training, including FEDERATION OF BIH their quality. the type of website visitors (target groups member practical cases that should be used, whether they or external user); the content on the website and The selection and categorisation of training mate- are national or international case-laws. However, 2.1.1.5. SERBIA - JUDICIAL all its parts, including e-library is open to general rials is conducted by the trainer based on the in- the Academy has defined a format that should be ACADEMY public. There is a person appointed as programme puts provided by the JTI (for example, to enhance respected by all trainers, and before being used coordinator responsible for selection of materials the practical approach of the training – to prepare these training materials are checked by Academy The Judicial Academy is in a process of develop- and a web administrator responsible for publishing an ECHR verdict or a hypothetical case). Training staff for their compliance with the format crite- ing an advanced web portal – e-Academy with a those materials in e-library. ria. The training materials are mainly used only for materials are delivered to the target groups via lot of hub services, including e-cases, e-exams, the specific training for which the materials have e-mail after completion of the training or upon e-learning, etc. The interesting novelty is design- been prepared. But according to the needs and 2.1.1.6. REPUBLIC OF NORTH their request. The training materials and project ing of the so-called ‘cross reference’ icon, where requirements of the categories that benefit from MACEDONIA - ACADEMY FOR JUDGES data (including regional projects) are accessible a link has been established between the relevant these training activities of the Academy, the ma- to the other WB training institutions only on their national legislation in a way that the specific ar- AND PUBLIC PROSECUTORS “PAVEL terials in question may also be distributed to other request and with permission of the Director of Cen- ticle is interpreted in the light of relevant EU law SHATEV” beneficiaries who did not attend the training. The tre. There is no person assigned particularly for the and other international instruments, linked to the Academy has an internal database where all train- Relevant materials for specific training are pre- process of selection and publishing the materials specific field of human rights protection (asylum ing materials are stored and archived; however, it pared by the trainers in coordination with the and other useful info and data on the website, but and migration, child protection, protection of has not yet managed to offer online access for ben- Academy staff and often on the suggestions of the every person in charge of organisation and con- disable persons, etc.), particular ECHR articles eficiaries outside the Academy. Currently, other WB Academy Director. They usually submit the ma- ducting the training is responsible for delivering (1, 3, 6.8 Protocol 1 Article 1), and the relevant training institutions cannot access the website for terials immediately before or on the day of the the material to training participants. case-law of the ECtHR (Serbian and other referent these training materials. Each training programme training. The materials are delivered to the par- judgments). Some of the services are not accessi- (continuous training programme, initial training ticipants via e-mail through the contact person CENTRE FOR JUDICIAL AND ble by the wider audience and require a specific programme, etc.) has assigned officials who are from the respective court/other institution. The PROSECUTORIAL TRAINING OF password. The e-Academy represents an advanced engaged in the preparation, distribution and main- materials are also uploaded to the Academy web- management of the internal procedures, seminars, REPUBLIKA SRPSKA tenance of training materials. The training materi- site in the folder designated for the given training communication services, management and storage al is not published on the website. and are made available without restriction. There The process of selection and categorisation of the of documents with sophisticated engine services, is no designated person responsible for the process training materials depends on the objectives and of selection and uploading of the training mate- type of training being undertaken (initial or contin- 4 Rulebook on the manner of selection of trainers, period for which they are selected and remuneration for lectures, 16 rials. The IT department prepares the technical uous). Trainers use relevant laws, manuals, com- October 2018 mentaries, compilations and legal opinions by the

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part without entering in the process of selection of Mentor magistrates are assigned by the High Ju- 2.1.2.2. BOSNIA AND HERZEGOVINA are: previous professional work experience and relevant materials. The Programme Council has no dicial Council for candidates for judges and from knowledge; previous experience in the field of responsibility in the process of selection, revision the High Prosecutorial Council for candidates for CENTRE FOR JUDICIAL AND training and professional training of judges and and determination of the relevance of the train- prosecutors and there is no need for any decision PROSECUTORIAL TRAINING OF prosecutors; scientific experience, expert and sci- ing materials, their update and quality. There is from any other institution. Trainers are, in general, entific papers published in and cooperation with no centralised database with general or advanced appointed by the Steering Council after first being FEDERATION OF BOSNIA AND legal journals, the ability to develop a training search engine (by key words, etc.). There is no sys- approved by the Pedagogical Council of the School. HERCEGOVINA scenario in accordance with the Centre’s work tematisation of teaching materials by particular The selection of experts is based on the applica- programme, teaching skills and abilities, com- Trainers can be selected on permanent and ad-hoc subject (textbooks) in the initial or in the contin- tions submitted by different interested persons re- munication and exposure skills, assessment of basis. The list is approved by the Steering Board, uous training. The e-learning has been developed garding the public call published by the School in- previous work as a trainers of the Centre, good upon the approval of the Judicial and Prosecutori- for several courses. viting them to apply for experts/facilitators. Each knowledge of IT and modern methods of learning: al Council (this is the case almost in all of the WB applicant is selected as an expert after meeting preparation of PPP, video link, videoconferencing, economies, meaning that the councils have the the requirements set by the School Internal Regu- distance learning. 2.1.2. PROCESS OF final say in the process of selection, where pro- lations. Train-the-trainer activities are periodically fessional experience and good working results are SELECTION AND CONDITIONS delivered by the SoM. Also, in the last two years, In accordance with the Rulebook on categories, more important than the teaching skills). Trainers FOR BECOMING A TRAINER training activities also for mentor magistrates selection, rights and obligations of trainers, train- are selected for particular training fields. Criteria were organised on their obligations as mentors and ers are divided into permanent, temporary train- AND/OR MENTOR for selection of trainers are: previous experience on the methods of evaluation. The list of trainers and trainers of trainers. in the training field for which they are applying, ers and mentors is published on the JTI website. 2.1.2.1. ALBANIA - SCHOOL OF performance evaluation results, positive evalua- The Centre’s Steering Board appoints a three-mem- The mentor magistrate, assigned to a magistrate MAGISTRATES tion as trainers, master’s or PhD degree, papers ber Commission to conduct the process of selec- candidate, is excluded from the 10th draw of the and publications published, participation in con- tion of trainers. The Commission consists of a rep- lottery at the court or prosecutor’s office where Training experts are appointed by the Steering ferences, completed training of trainers in Bosnia resentative of the Centre, Judge of the Supreme he/she exercises his/her office. The trainers and Council and the candidates must meet the follow- and Herzegovina or abroad. Each of these criteria Court, and the Prosecutor’s Office. The Steering mentors are evaluated by their trainees through ing criteria: experience of more than 15 years as a is evaluated with certain scores. The Commission, Board establishes the list of trainers based on the a questionnaire. At the end of every training ac- jurist, teaching experience at universities or at the composed of 3 members, selects the candidates proposal of the Commission. Trainers are classi- tivity, a questionnaire is distributed, which is used School of Magistrates for more than 10 years, pro- for trainers. The trainers for particular training fied according to the legal areas based on their to evaluate not only the training activity but also fessional experience specifically in the area where are appointed according to the list of trainers and applications. Based on the aforementioned crite- the trainers. The components for which the train- they are requesting to be experts, or experience the area for which they had applied. There is a ria, the Commission revises and confirms the list ers are evaluated are: knowledge of the respective of more than 10 years as a judge or prosecutor, developed uniform train-the-trainer programme, of the existing trainers to the Steering Committee law topic; how encouraging the expert was in the teaching experience at universities or at the School conducted by the European Union in 2015 and which will extend their mandate for additional 4 debates during the seminar; how motivating the of Magistrates for more than 5 years, professional 2016. There is no such consistent programme de- years. The new trainers will be selected through expert was, urging the participants to do research experience specifically in the area where they are veloped by the institution itself. The lists of the public competition. The Centre publishes a pub- in the respective area; how coherent were expert’s requesting to be experts. The two councils appoint permanent and ad-hoc trainers with their names lic call on its website and in print media. Persons materials and how much the materials help partici- mentor magistrates on a period of three years, and area of specialisation are published on the who meet the basic conditions for performing ju- pants in their daily work. Based on the information with the right to be reappointed. Each mentor website. Evaluation criteria are in the evaluation dicial and prosecutorial functions in accordance obtained from the questionnaire, a final report is magistrate must meet these criteria: have at least forms the participants fill out independently. The with the relevant law can apply. The list of per- developed for each expert/facilitator and is taken five years of experience as a judge or prosecutor, regular contacts with the trainers and mentors manent trainers becomes final when approved by into consideration when selecting the experts for is appraised in accordance with the law, appraised are assured via e-mail, phone and consultations the High Judicial and Prosecutorial Council. the following year. Regular contacts with trainers at least ‘very good’ in the latest ethical and pro- when they lecture or when they are participants and mentors are kept by the respective profes- fessional assessment, have successfully completed in training. In the process of selecting a trainer for a par- sional training departments: through meetings in the mentors’ training in the last three years at the ticular training, the type of training is taken into the school premises and official communication Magistrates’ School, have not been subject to dis- account, (initial, professional development), the regarding different issues to be addressed as the CENTRE FOR JUDICIAL AND ciplinary measures, have respected the legal dead- legal area, the availability of the trainer, the particular case may be. PROSECUTORIAL TRAINING OF lines for investigating or adjudicating cases, at trainer’s previous assessment by the participants least in the previous year before being appointed REPUBLIKA SRPSKA if he/she acted as a coach, etc. Also, Presidents as a mentor. of the Courts and Chiefs of Prosecutor’s Offices Qualifications of trainers depend on specific train- submit registration forms for judges and prose- ing activities for which he/she would be in charge cutors, based on individual requests and needs of (functional qualifications). The selection criteria courts and prosecutor’s offices.

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Most of the Centre’s trainers completed basic and (training methodology), are creative in designing, The assessment of work performed by trainers if he/she was a trainer previously, if he/she has thematic training for trainers. There is a perma- developing and implementing of the training pro- and mentors is based on the following indicators: passed the train-the-trainers course, if he/she nent obligation for trainers to educate themselves grammes, have high communication skills, knowl- contribution to designing the annual training plan speaks a foreign language. Documents required in new transfer methodologies, especially through edge of one foreign language is considered an ad- and programme, preparing and delivering train- are prescribed in detail. Proposal for appointment distance learning. The lists of permanent and ad vantage, and have computer skills. They can be ing which involves coordination with other train- of the Centre’s trainer is given by a three-mem- hoc trainers have not been published on the web- engaged with the approval of the Managing Board ers, identification and achievement of objectives, ber Programming Council Commission, which eval- site of the Centre. of the Academy. Permanent trainers who are not training methodology, preparation of training ma- uates the documentation and data submitted by judges or state prosecutors fulfil the following cri- terial, level of professionalism during training, the candidates and conducts an interview with While participating in the professional develop- teria: graduated from law school/faculty, passed participation in and results of the procedures for the candidates, with the exception of those from ment and initial training programmes conducted the bar exam, have at least 8 years of work ex- training needs assessment, trainers’ performance the ranks of Supreme Court judges and state pros- by the Centre, trainers are entitled for teaching perience out of which at least 5 years of profes- as moderator or lecturer in specific training, their ecutors in the Supreme State Prosecutor’s Office. and preparation of materials, to paid leave, to sional experience in justice field, have didactical assessment after each training session or mod- When proposing candidates, the Commission eval- compensation of necessary and justified expenses knowledge (training methodology), have excel- ule, and contribution provided upon issuance of uates professional knowledge, experience, as well and per diem, the right to use the equipment lent communication skills, knowledge of one for- conclusions or recommendations after training as information on the average grade candidates and funds of the Centre. The activities of the eign language is considered an advantage, have sessions or modules. Assessment of trainers and achieved if previously engaged by the Centre. trainers are taken into account when considering high professional and moral qualities, computer mentors is conducted by the training participants Steering Committee provides the list of trainers, their promotion to a higher position. literate. Temporary trainers are engaged accord- and by the Academy as stipulated in the law. Reg- based on a proposal received by the Programming ing to the implementation needs of the training ular contacts are held with the trainers and the Council Commission. The Programme Council se- Different sources of information are used to as- programme. The criteria for selecting temporary mentors for the implementation of the training lects and engages trainers from the list of trainers sess the trainers: their contribution to defining trainers are less formal and in accordance with programmes. for particular training, while ensuring observance the strategic plan, annual plan and training pro- the necessity to engage experts with specific ex- of the principle of equal access, and evaluates gramme, preparation of calendar of seminars, pertise. Mentors have to be permanent judges and 2.1.2.4. MONTENEGRO - CENTRE their work. contacts and coordination with lecturers, identi- prosecutors in the general department of the ba- fication of objectives and methodology of train- FOR TRAINING IN JUDICIARY AND sic instance, creative in designing and using the Practical part of the initial training is implementing, collection of materials, etc. participation in STATE PROSECUTION methodology, have to provide a detailed plan of ed by mentors, who are selected from the ranks training needs analysis, work as a coordinator, of judges and prosecutors with at least five years the practical programme, have shown good work- In October 2018 a new Rulebook was adopted5. moderator or lecturer in specific training; and of work experience as judges or state prosecu- ing performance, and previous good performance Persons with minimum five years of work expe- in evaluation of training. The trainer submits a tors. The list of mentors defined by the Judicial/ as mentors. The selection process is developed by rience as judges, state prosecutors, attorneys at written report to the Centre with an evaluation of Prosecutorial Council is submitted to the Steering the Academy independently, with the exception law, persons with academic title, notaries public, the effect of the training and the conclusions of Committee of the Centre, which defines a list of of permanent trainers who are judges and pros- mediators, public bailiffs and civil servants may the participants. Reports containing training as- mentors and, on the proposal of the Programming ecutors appointed by the Judicial Council or the be appointed as trainers. Trainers are appointed sessments are prepared and completed at the end Council, the criteria for their evaluation. Howev- Prosecutorial Council to work in the Academy for a for a 4-year period. Steering Committee deter- of the training, which include assessments and/or er, the current Rulebook does not envisage actions period of three years. Trainers who are approved mines the number of trainers in the specific are- observations concerning the effect of a trainer on in situations where mentors disorderly/incorrect- by the Academy’s Managing Board, are further se- as. A public call is published in at least one daily the preparation of the programme/agenda, qual- ly perform their mentoring duties. Knowledge and lected by the Academy’s Executive Director for newspaper and on the website of the Centre. No- ity of the material, methodology used, trainer’s skills of the participants in the training activity their engagement in specialized trainings, based tification of an open call is submitted to all courts communication skills, relevance of the selected are evaluated continuously throughout the period on their experience and expertise. All Academy and state public prosecutor’s offices via e-mail. topic, etc. High evaluation grades contribute to of duration of initial training by the mentors with trainers should attend training for trainers. The Applications received under the call are consid- the decision-making process regarding selection regard to practical work and by the trainers in the Academy has developed a good training structure ered twice a year as a rule. The candidates need of trainers for the next year. classes held in the Centre. for trainers, but has failed to develop a compre- to submit relevant documents evidencing their hensive curriculum for the training of trainers. 2.1.2.3. KOSOVO* - ACADEMY OF specialised post-graduate and doctoral studies (if The list of trainers and their CVs are not been pub- applicable), occupation, meeting other require- 2.1.2.5. SERBIA - JUDICIAL JUSTICE lished on the website. Motivation of the trainers ments, other professional experience, if the can- ACADEMY regarding carrier promotion, performance evalu- didate has published scientific papers, if the can- Permanent trainers among judges and state pros- The Programme Council nominates the permanent ation, additional payments, study visits, speciali- didate participated in working groups for drafting ecutors fulfil the following criteria: have work trainers among judges and prosecutors on approv- sation abroad, are issues outside the scope of the laws and bylaws, if the candidate was engaged experience as judge or prosecutor with a per- al by the Judicial and Prosecutorial Council, de- Academy’s mandate, and their engagement as a in projects, field of law and topic they apply for, manent mandate in the field for which he/she trainer has no impact on these aspects. termines the conditions for appointment of men- applies as a trainer; have didactical knowledge 5 Rulebook on the manner of selection of trainers, period for tors and nominates mentors and ad-hoc trainers. which they are selected and remuneration for lecturers

16 17 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

It is prescribed that the mentors and trainers are are related to relevancy of the content, ability is submitted to the Managing Board for approval. the process of mentoring, methodology used, and selected among the qualified judges and prosecu- to influence the improvement of work of the par- The Supreme Court and presidents of the courts ranking the candidates. Regular meetings are held tors and other professionals. ticipants and skills related to transfer of knowl- are not involved in this process, but they receive in the Academy with the trainers and mentors to edge. The evaluation results influence the future the list of approved trainers and mentors. There discuss the gaps, problems as well as methods for Lecturers of the Academy could be judges, pub- engagement of lecturers and mentors, either is no selection process of the candidate trainers improvements. There is no prescribed time limita- lic prosecutors and deputy prosecutors, as well through improvements of their work or through involving preparation of a presentation or a moot tion for being a trainer or for renewal or termina- as experts of various professions. In addition to replacement of that particular lecturer or mentor. trial in front of a commission, etc. The latest Law tion of the status of a trainer or a mentor. general terms, the lecturers must meet the fol- Programme groups are regularly organising meet- on Courts introduced a novelty, prescribing that lowing criteria: professional work experience of ings and at least one employee of the Academy the trainers will have reduced workload, but no 2.1.3. PROCESS OF at least three years, previous experience in the is a member of the programme group, ensuring further conditions are prescribed. In coordination area of education and professional advancement therefore, the continuous contact. Regarding the with the Academy Director, trainers are identified SELECTION OF TRAINING of judges and prosecutors, previous research ex- mentors, contacts are maintained and meetings for specific training while for the ad-hoc train- PARTICIPANTS/EXISTENCE OF perience (writing of books, articles and other held in appellate territories, where the Academy ers the Academy contacts a relevant institution INTERACTIVE PROGRAMMES material, presentation of essays at scientific and employees are in daily contact with them. through a written communication. The Academy professional events, participation in symposiums, regularly organises training for trainers on general AND METHODOLOGIES conferences, etc.), participation in editing of le- 2.1.2.6. REPUBLIC OF NORTH and specific topics, but they are not structured or 2.1.3.1. ALBANIA - SCHOOL OF gal magazines and other scientific and profession- MACEDONIA - ACADEMY FOR standardised. The list of permanent and ad-hoc al literature, capability to draft educational pro- MAGISTRATES JUDGES AND PUBLIC PROSECUTORS trainers as well as their engagements and hono- grammes on specific topic in line with acts of the raria are not published on the website. A process Academy, developed organisational and commu- “PAVEL SHATEV” of preparation of training cards for each trainer After the approval of the continuous training pro- nication skills. Lists of both trainers and mentors and mentor has been launched. Trainers receive gramme, the School sends it to every court and The criteria for selecting trainers and mentors are have to be approved by the Programme Council, a fee from the Academy, their engagement counts prosecutor’s office and every judge/prosecutor regulated by the Law and relevant bylaws (Statute according to the Law on Judicial Academy. In ad- as a day spent in a training (it is compulsory for expresses their interest for certain topics of this and Rulebook for continuous and initial training). dition to this obligation, mentors have to obtain judges and public prosecutors to attend a spec- programme. Then the court presidents and the To be a trainer it is necessary to meet the for- approval on their engagement from presidents of ified number of days of training), and have the head prosecutors approve the topics selected by mal criteria – trainers are appointed from among their courts and from their superior public pros- possibility to participate in study visits or train- the judges and prosecutors. Participation at the the active and retired judges, public prosecutors, ecutors. In addition to the appointed members ing abroad. When applying for a certain position relevant training sessions is approved by the High with positive grades in the evaluation process, the of the Programme Council, the Council also has (e.g. in a higher court, for head of court, member Judicial Council for judges and by the High Prose- Chambers, university professors, heads of depart- programme groups established to manage edu- of judicial and prosecutorial council, the ECtHR), cutorial Council for prosecutors. Also, the School ments in the public administration, with 8 years cational programmes in various legal areas. The trainers or mentors receive a certificate about maintains close contacts with the court presi- of professional experience. Related to the selec- programme groups manage lecturers within their their involvement in the training. The attendance dents and head prosecutors and also contacts the tion process, a call for applications is published legal area. The lecturers are being delegated de- at training (not an active participation) is a for- participants directly, whenever there is a need. on the websites of the Academy and respective in- pending on the topic and the place where the mal criterion prescribed for career promotion but The School has been careful to make the contin- stitutions with an invitation to make it accessible concrete training is being organised. In order to has never been recognised as an important one. uous training programme very inclusive when it for those interested. Upon the candidates’ appli- cut transportation costs, first choice for a lecturer comes to different topics in order to fully meet cation, the director prepares a draft list of train- is always someone from that appellate territory. An evaluation form is used for assessment of the the needs of judges and prosecutors, including ers and delivers it to the Judicial and Prosecuto- Training for trainers and mentors is standardised quality of trainers based on several questions re- not only general topics but also very specific ones. rial Council and finally to the Programme Council and is being permanently advanced in cooperation lated to the usefulness of the materials, quality The programme is regularly updated to include for approval. The draft list accompanied with the with the Faculty of Philosophy, Department for of transfer of knowledge, methodology and learn- the latest changes in civil law, criminal law, law relevant documents is subject to approval by the Pedagogy and Andragogy. In addition to that, new ing techniques used, but there is no evaluation procedures, property law, copyright, intellectual Managing Board. The Managing Board and the Pro- trends in adult learning are being implemented. of the effectiveness and the effects of the train- property, juveniles, etc. gramme Council have never rejected the draft list The Academy’s new website will publish the data ing on practical work of judges and prosecutors or denied any of the candidates for trainers. The on lecturers and mentors. Evaluations are being (no higher level of measuring the quality of the number of mentors is determined by the Judicial performed at every training event, and also train- trainers) developed. The results of the evalu- and Prosecutorial Council based on the number of ing participants evaluate the lecturers. Also, men- ations are systematised and distributed to the trainees in the respective appellate regions (the torship, mentors, initial training candidates and particular trainers, and to the Managing Board, mentorship is decentralised). The draft list of men- the mentor relation are all being evaluated. The but have never had an impact on further engage- tors, selected from among the active judges and evaluations show the adequacy of work and pos- ments of the trainers. There are specific criteria public prosecutors who work on a specific matter sibilities for improvement. Criteria for evaluation for evaluation of the mentors, work performed in and have high grades in the evaluation process,

18 19 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

2.1.3.2. BOSNIA AND HERZEGOVINA Proactive participation of participants in the spe- 2.1.3.4. MONTENEGRO - CENTRE In accordance with the Law on Judicial Acade- cific training activity is ensured through coordi- FOR TRAINING IN JUDICIARY AND my and relevant bylaws, the Academy selects nation with the presidents of the courts and the participants for specific training having in mind CENTRE FOR JUDICIAL AND STATE PROSECUTION PROSECUTORIAL TRAINING OF chief prosecutors, and in direct contact with the different categories of participants, their pro- participants through an invitation to present a fessional experience, court or prosecutorial work Pursuant to the Law on the Centre6, judges and FEDERATION OF BOSNIA AND concrete case or to send in advance controversial experience, type of legal area and education, if state prosecutors have the right and obligation to HERCEGOVINA issues related to the selected topic to the Centre the target group should be composed of position attend in-service training to which they apply in or directly to the trainer. In accordance with the holders elected for the first time. The Academy At the beginning of the year, the Centre invites accordance with their own interest, at least two Peer Review recommendations of the European takes special care of the representatives of new judges and prosecutors to apply for training from working days per year. In case a judge/state pros- Commission, newly appointed judges and public legal professions – public notaries and public en- the Annual Training Programme of the Centre. ecutor, due to justified reasons, cannot attend the prosecutors are tested in advance on a specific forcement agents, their training being organised The applications submitted must be signed by the seminar topic. Also, proactive participation of in-service training to which he/she has applied based on memorandums of cooperation signed president of the court or chief prosecutor. Proac- participants is provided through a questionnaire for, there is an obligation of informing the Court with their respective Chambers. When new laws tive participation of the participants in a concrete at the beginning and at the end of the seminars, President/Head of the Prosecutor’s Office, who are adopted, the Academy organises obligatory training activity is assured by sending a request prepared by trainers on the training topic. then informs the Centre in writing. There are no training for judges and prosecutors processing to judicial institutions to send questions and di- methods developed for ensuring the proactive par- cases in that legal area (e.g. the Criminal Proce- lemmas regarding the topic. There is no practice The interactive method has been confirmed in ticipation of participants (pre-testing of previous dure Code, the Law on Enforcement and Security, of conducting pre-testing (or post-testing) of the practice as the most suitable for most activities knowledge, etc.). It is upon the trainers to involve the Law on Whistleblowers). Interaction with par- knowledge on a specific topic. Special programmes with practical examples for study, audio/video participants in the training through group work, ticipants is obligatory requirement for lecturers are designated for different categories of partic- demonstration, study visits, distance learning. case studies, or case scenarios. The Centre has at all advanced training sessions. Therefore, di- ipants (newly appointed judges and prosecutors, New technologies, which are being introduced in developed the following programmes: the Initial rect contact with participants is being achieved associates and advisers at the courts and prosecu- courts and prosecutor’s offices (computer, online Training Programme for future judges and state through more active engagement of lecturers, tor’s offices, presidents and chief prosecutors as access, wide-area WAN) provide great potential prosecutors, In-service Training Programme which through carefully prepared work on case studies, well as heads of court departments). for distance learning and self-training. The Centre is being implemented annually; the Programme hypothetical cases, workshops, and sometimes, facilitated distance learning through the CoE HELP for Trainees in Courts and State Prosecutor’s Of- through contact with court presidents and public portal and the module of distance learning to the fices and other specialized programmes. There REPUBLIKA SRPSKA - CENTRE FOR prosecutors in order to ensure preparation of par- newly appointed public prosecutors. The special- are no specialised train-the-trainer programmes JUDICIAL AND PROSECUTORIAL ticipants prior to the training. Pre-testing of par- ised programmes contain: specialised training for for enhancing the skills for categorisation of the ticipants has also been introduced. The Academy TRAINING juvenile justice; topics for judges dealing with training sessions and training materials. commercial disputes; specific topics for the pres- has developed training programmes for different Initial training includes training of trainees, pro- idents of courts and the heads of departments. 2.1.3.5. SERBIA - JUDICIAL categories of participants – initial training can- fessional associates and employees in courts didates, judges/prosecutors elected for the first and prosecutor’s offices, and training of newly ACADEMY 2.1.3.3. KOSOVO* - ACADEMY OF time, judge’s and prosecutorial assistants, judi- appointed judges and prosecutors. Professional cial staff, public notaries and public enforcement JUSTICE Continuous training is provided as compulsory and training includes continuous training of judges agents, training for trainers and mentors, court and prosecutors. Judges and prosecutors, with voluntarily programme. The Judicial and Prose- presidents and chief public prosecutors. Joint the consent of the head of the judicial institution, Participants in ongoing training are judges and cutorial Councils can introduce compulsory train- training for judicial office holders and the police, apply to participate in consultations, individual prosecutors, but there are no criteria as to who ing in case of change of department, legislative social welfare centres, state attorneys, etc. is seminars, workshops, etc. The Centre is obliged should attend these training sessions. The initial amendments, introduction of new technologies, also being organised. to provide at least three days, and a maximum of training, however, involves newly appointed judg- in case of deficiencies detected in the work of ten days of compulsory professional training for es and prosecutors in accordance with the appli- judges or prosecutors, for newly appointed judges judges and prosecutors on topics related to the cable legal procedures. The Academy does not ap- and prosecutors who have not attended the ini- 2.1.3.6. REPUBLIC OF NORTH areas in which they work. For compulsory train- ply any test or pre-test for training participants. tial training. The training is compulsory in case of MACEDONIA - ACADEMY FOR ing, the training records should be kept by the Participants apply to participate in the training, promotion in higher instances. As regards the se- JUDGES AND PUBLIC PROSECUTORS judicial institution from which the participant while during the training they actively engage lection, the participants submit their applications “PAVEL SHATEV” comes. Based on the records, and in accordance in discussing issues of interest. The training pro- for the following year. The Academy selects the with the Law, the Centre issues annual certificate gramme includes the needs of each category of participants and sends information to the courts There are no prescribed criteria for pre-selec- on the fulfilment of minimum conditions of pro- beneficiaries, whereas participation in each train- and prosecutor’s offices. tion of the participants for the training. The tar- fessional development. ing session is done through an application where get groups are selected in the Annual Calendar of judges and prosecutors apply to attend training activities in line with their field of specialisation, 6 Law on the Centre for Training in Judiciary and State that mainly relates to their day- to day work. Prosecution specific position (heads of courts, members of

20 21 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

budgetary bodies) and work experience (newly skills of the trainers. The newly appointed judges appointed judges, including mixed target groups with lawyers or representatives of relevant infor IT and e-learning are engaged in the training stitutions, etc.). The presidents of courts are re- such as that provided under the HELP programmes, quested to select the participants with previous legal search and other activities necessary for en- experience and/or knowledge or training attend- hancing the IT management of the institution. There is a need to assign a skilled person respon- such as EU law, ECtHR, international cooperation, sible for electronic storing, selection and catego- cybercrime, etc.). The proactive participation of risation of the training and training materials. It the participants in a great extent depends on the could be supported by an external source.

3. GOOD PRACTICES OF EU MEMBER STATES AND OTHER STATES JUDICIAL TRAINING INSTITUTIONS (JTIs)

In order to determine the most adequate and real- tional process through the extra net system – link- istic methodology for selection, centralisation and publication of sources of the judicial knowledge EC; Human Rights Portal, current practice on ECJ (training materials, case-law, bibliography, pub- case-law with no translation for external users. lications, study visit reports, etc.), which will be The Institute established the E-learning and Infor- easily accessible by the members of the judiciary mation Resources Directorate which plans, organ- in the WB economies, it is important to present ises and is responsible for e-learning in line with some good practices from the EU Member States the Law on Judiciary. It conducts training of train- and some other states. These examples will further ers for the needs of the training courses, collects determine the components towards establishing a statistical data and performs analysis and evalua- regional database platform which will be created tion of the activities and training needs; works on and maintained by the JTIs themselves as their preparation and publication of training materials own product, with the facilitation of RCC. for the needs of the training, prepares and keeps the documentation, performs the activity of a spe- 3.1. EXISTENCE OF A cialised library fund, maintains an electronic catalogue of libraries; performs the activities of the NIJ CENTRALISED DATABASE - as a European Documentation Centre; participates BEST PRACTICES in the planning, preparation and implementation The training materials on e-learning portal are cat- 3.1.1. BULGARIA - NATIONAL egorised based on thematic areas, in a chronologi- INSTITUTE FOR JUSTICE cal order, but with restricted access.

The National Institute for Justice of Republic of Bul- garia has developed computerisation of the educa- 22 23 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

3.1.2. CROATIA - JUDICIAL 3.1.4. SPAIN - THE SPANISH laws, guides, judgements, consultations, practice 8 years of service in the judiciary, at least having directions, speeches, sentencing remarks, publica- the position in a regional or administrative court, ACADEMY JUDICIAL SCHOOL tions as a result of the openness and the impact previous experience in judicial training, and train- of the expression of the personality of judges. In- the-trainer course successfully completed. The Training materials are produced for the purpose of The Spanish judiciary has gone far with the process creased digitalisation via HMCTS reforms requires candidates need to submit necessary documents, various training activities. Depending on the top- of digitalisation and use of IT in promoting the ef- greater IT capability and enhanced judicial lead- including certificate from the Judicial Council on ic, their authors decide which national legislation ficiency and managing the quality of judicial ser- ership skills in areas such as change management. the results of the evaluation process, possible dis- and national case-law and/or European legislation vices. The objective of the Judicial Documentation The court reform, aimed at enhancing the accessi- ciplinary violations, and certificate on the ethical and the case-law of the European courts to include Centre (CENDOJ) is to optimise the management bility of court services, resulted in developing on- characteristics issued by the Ethical Committee. in the training materials. All training materials are of judicial knowledge via the use of ICT. It is the line digital services, such as online case tracking, Commissions are formed for each of the fields can- then collected and placed in electronic folders technical body of the General Council of the Judi- launching new online services (online civil money didates apply for. Candidates are tasked to prepare of the Judicial Academy under the topics for the ciary (GCJ) charged with the official publication of claim services), online plea, online divorce servic- a presentation on an identical topic, to solve an purpose of which they have been developed. The case-law, documentation and knowledge manage- es, web page to better inform the disabled court ethical dilemma and concrete cases for the profile Judicial Academy’s electronic archive includes all ment services. It also offers support and informa- users. Event page is created to gather views and required. In case of equal scores, the candidate training materials developed since 2006. The train- tion services to members of the judiciary, providing feedback from those who use the justice system with longer professional and previous training ex- ing materials and project data (including regional them with access to all types of document sources and for those working within it, and features in- perience has a priority. The trainers are appointed projects) are accessible for the target groups via used when carrying out their judicial activity. It has ternational conferences, online courts, live online for a period of one year by the decision of the High the website. There is no e-library or electronic references to the national case-law, judgments of events. Also there is the Inside HMCTS blog which Council and on the proposal of the NIJ. This peri- documentation centre developed. the highest courts, electronic library, dial net for encourages two-way engagement on reform pro- od can be prolonged depending on the evaluation searching the materials, judicial library network, gress, also through E-mailing open for suggestions, result up to maximum five years. There are clear collections published by the GCJ: monographs,9 3.1.3. MOLDOVA - NATIONAL issues or questions, HMCTS Youtube, Sgouvk, Linke- provisions for ceasing the engagement of a trainer. journal articles, collective works, training mate- dIn. Online courts forum enables connections with The Managing Board evaluates the trainers on a ba- INSTITUTE OF JUSTICE rials. It serves to select, handle, disseminate and other countries. sis of six-score system. Trainers with a grade of five publish judicial information, as well as information The training materials are specifically adapted to may be recommended to continue their engage- regarding legislation, case-law and doctrine. It de- each training course including also the case-law, ment as a trainer on the proposal of the director. signs, processes and corrects texts, making them 3.2. PROCESS OF EU law, relevant matters of international law as The director can also submit a proposal to cease consistent in their digital format. Via legal analysis, well as the pertinent jurisprudence of the ECtHR. SELECTION AND CRITERIA the engagement of a trainer in case of: violation values are given to the judicial decisions, as part The e-learning study courses developed by the Na- of the organisation and the order of the training of the CENDOJ Documentary Collection, the data- FOR BECOMING A TRAINER/ tional Institute of Justice of Republic of Moldova process; inability to fulfil the obligations taken for base that is available in a restricted environment are placed on the e-learning platform called ILI- MENTOR IN OTHER more than one month; аnd on the request of the for members of the judiciary. The legal analysis of AS. Announcements regarding the e-learning study trainer for a leave longer than two months. Trainers the judicial decisions provides significant added courses to be delivered are periodically published JURISDICTIONS must complete train-the-trainer programme in the values, such as: assessment of the importance of on the NIJ website7 with a link to Guide about the NIJ focused on preparing the training curriculum, the judgment based on standard documentary cri- course and study materials which may be down- using practical methods, simulations, case solving, teria, classification of the ruling, identification of 3.2.1. BULGARIA - NATIONAL loaded. The library offers direct access to a book multimedia presentations, performing periodical the matter/s raised, overview of the judicial deci- INSTITUTE FOR JUSTICE comprised of approx. 1332 chapters for which an assessment of the knowledge and skills acquired. sions analysed, classification, links to other sources access account may be requested from the ILIAS The NIJ also selects mentor-judges who need to of information of a jurisprudential and legislative In Bulgaria the trainers are elected by the members Platform. 8 The next step is to evaluate the results fulfil similar conditions as the permanent trainers. nature. of the Programme Council in line with their the- and certify the participants who have passed the matic areas and on the basis of the classification These mentors promote professional development course tests. All information published on the NIJ grade given by its Commission, which evaluates the of newly appointed judges, their abilities for criti- website and on the ILIAS Platform is placed by a 3.1.5. UK: ENGLAND AND conditions to be fulfilled by the candidates, the cal and analytical reasoning, social skills and prin- responsible person assigned from the Centre for WALES accompanying documents, their moral qualities, ciples of professional and ethical codex, and also Legal Information. teaching and presentation skills, ability to solve follow progress of the candidates, prepare regular UK judiciary is a specific one due to the character- conflict situations, their motivation, professional semi-annual months reports and submit them to istics of a common law system. The UK judiciary qualifications, the way they deliver training. It is the High Council. portal named Courts and Tribunals Judiciary con- important that the trainers participate in the work tains a lot of documents and information, such as of the Programme Council in a consultative func- 7 www.inj.md tion. Permanent trainers should fulfil the follow- 9 http://www.poderjudicial.es/abnetportal/abnetcl.exe/ 8 [email protected] O7301/ID3dd01d9b/NT2?ACC=120&FORM=04 ing conditions: high professional qualities, at least

24 25 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

3.2.2. CROATIA - JUDICIAL dergo a mentor training provided by the Judicial The trainers are subject to periodic and complex external lecturers and examiners as the Centre’s Academy. In order to work uniformly with trainees assessment. Regular assessment of trainers’ per- setup does not allow for employment of its own ACADEMY in all judicial bodies, the Judicial Academy, togeth- formance is done annually, in accordance with the experts. Experts/lecturers are found mainly among er with the Municipal Court in Zagreb, prepared Methodology for Training Programme Quality As- judges, state prosecutors and state attorneys with Based on a proposal and permission given by the recommendations for working with trainees. The sessment. The complex evaluation is carried out many years of successful practice in judicial bod- president of the court or public prosecutor´s office, recommendations consist of introducing mentors every two years and aims to verify the compliance ies. The participation of professors from law facul- judges and public prosecutors apply to the Judicial and trainees through conversation, work schedule, of trainers’ performance with the requirements. ties in training and examination is very important Academy for the position of the trainer. Prerequi- mentor duties, skills adopted by a trainee and the It will be done by presenting/supporting in front as well. In this way, practical experience is en- sites are that candidates should be judges or public process of evaluation. of the standing competition commission a demon- riched with theoretical knowledge and vice versa – prosecutors with good work results, appreciated in stration of a seminar sequence of up to 30 to 45 theory is complemented with practice from court- the local judiciary community and persons of high minutes on a topic of own choice. The evaluation rooms. Lecturers for specialised courses organised ethical and moral standards of conduct. Having 3.2.3. MOLDOVA - NATIONAL criteria are: centring the training on the acquisi- by the JTC in other fields (e.g. psychology, commu- a list of potential trainers, the Judicial Academy INSTITUTE OF JUSTICE tion of practical skills and attitudes; logical seg- nication skills, medicine, economics, accounting, provides specific basic training that is focused on mentation of thematic content; suitability of ethics, integrity, etc.) or in relation to activities gaining teaching abilities and presentation skills. The selection of trainers is based on the following training methods; respecting the learning charac- carried out by other state authorities (e.g. money Through oral exercises and with professional help criteria: didactic experience in specified training teristics of adults; logic and correctness of expres- laundering, corruption, matters pertaining to in- of trainers or psychologists, the candidates are fields approved by the Council of the NIJ; profession in the specific field; use of adequate material spection services, etc.) are recruited from those given different tasks through which they test the sional experience; published works; reputation in resources; novelty in approach and information; areas which are, in one way or another, essential resistance to the public presentation stress and be- the field in which they operate; and integrity. The ability to plan; etc. The trainers who do not show for the effective, legal and correct functioning of come comfortable in managing teaching process. application form must contain the required doc- up for the complex assessment are excluded from judicial authorities. The Judicial Academy has developed basic and ad- uments for fulfilling the formal criteria (CV, mo- the Network of Trainers. The regular contact with vanced programme as well as thematic training on tivation letter, work license reference from the the trainers is maintained through meetings and legal issues for trainers. The tutoring workshops are workplace). Candidate’s knowledge of a foreign 3.2.5. SPAIN - THE SPANISH working groups. organised as the activity within a new legal topic to language, use of IT, participation in professional JUDICIAL SCHOOL prepare trainers for the unified approach to teach- training, possession of scientific or didactic titles, ing, to test the quality of training material and to published works in the training field, completed 3.2.4. SLOVENIA - JUDICIAL A special feature of the Judicial School is to have discuss all outstanding issues or dilemmas regard- training for trainers courses constitute an advan- TRAINING CENTRE a team of full-time trainers (judges, jurists or uni- ing the implementation of a specific legal norm. tage. The competition consists of two phases: eval- versity professors). Many external collaborators, Trainers are assessed by the participants right after uation of application forms and the interview. The JTC is responsible for implementing training of such as judges, lawyers and experts lecture at the the workshop or seminar. The assessment tool is Commission validated by the NIJ Council evaluates judicial trainees, organising bar exams and other School throughout the year. The Law on the Judici- a questionnaire in which the participants evaluate the candidate through an interview of maximum exams required in the justice system (for enforce- ary provides that the General Council must guaran- the following elements of teaching, among oth- 45 minutes, based on the interview evaluation ment officers, receivers in bankruptcy and compul- tee that all judges receive individual, specialised, ers: knowledge of the teaching content, clarity of sheet on in-depth knowledge of the specific field sory winding-up proceedings (official receivers), high-quality continuous training. The training ac- presentation, good balance between lecture and of training, actual practice; ability to relate and court experts and court appraisers, court inter- tions are currently based on three main pillars: the active participation of participants, use of differ- communicate; knowledge of adult learning meth- preters, mediators and refugee advisers), organis- State Plan, decentralised programmes, and online ent teaching methods and technical aids, keeping odology (training methods and techniques); ability ing and providing for the implementation of various training. The school has an international vocation, the interest of participants in the topic, correct to develop educational materials; knowledge of forms of continuing training of judges, technical with more than two thousand jurists and judges response to participants’ needs and reactions. evaluation methods and techniques; ability to use assistants and court staff, implementing the oblig- from Ibero-America who have participated in its Based on the expressed preference of the trainers, modern training technologies; ability to document atory professional training of court presidents and training programmes. the Programme Council makes a final decision on in another language spoken in the EU; ability to directors and for issuing publications. The JTC also their teaching engagement. Trainers are required self-assess and to develop continuously. The per- edits a publication entitled Judicial Bulletin which 3.2.6. UK ENGLAND AND to prepare a report on the teaching. With evalua- sons validated by the Council of the NIJ are includ- contains articles in the field of the judiciary, most- WALES - JUDICIAL COLLEGE tion of the teaching given by the participants, the ed in the Network of Trainers. The list of trainers is ly lectures given at various training sessions. Three published on the NIJ’s website10. The list includes to four volumes are published annually. teaching effects of the trainer are evaluated and UK Judicial College has a panel of 44 experts re- the name and surname of the trainer, the act by the report is sent to the trainers. cruited from the judicial office holders with expe- which the trainer was appointed, the institution The JTC is also the body responsible for carrying rience in training design and delivery. They have all Mentors in judicial bodies are recruited on a vol- and function and the field of training. out international exchange of judicial officials by self-tested themselves against the criteria outlined untary basis with approval of the president of the organising the participation of Slovenian judicial in the selection exercise as having a high-level of court or public prosecutor´s office. Prior to com- officials in international training courses. Within 10 https://www.inj.md/sites/default/files/FF/Reteaua%20 experience in dealing with equal treatment and mencing work with a trainee, the mentor must un- formatorilor%20alfabetic%C4%83%20la%2006.09.18.pdf its training activities, the JTC exclusively engages

26 27 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

diversity issues. This has been gained from their mentors on e-learning has been developed as well 3.3.3. THE NETHERLANDS - istrative, commercial, labour and social law, with personal and/or professional lives including knowl- as a special non-legal programme (management, the emphasis on EU legislation, EU institutions, EU edge and experience from occupation outside of court administration and leadership) for presidents TRAINING AND STUDY CENTRE operation, terminology and euro speak. It organ- their judicial role, still their expertise remains of courts and heads of prosecutor’s offices. FOR THE JUDICIARY (SSR) ises participation of Slovenian judicial officials in untested outside of the written applications sub- international training (EJTN seminars, seminars mitted and the sifting process. The whole process There are no specific training for developing elec- In SSR every training course has its e-learning envi- within several linguistic and criminal law projects, and philosophy of the judicial training is a result tronic storing and management of the internal ronment. They make use of course pages in Moodle and train-the-trainers seminars) and study visits to of a common-law long-standing tradition of a self- processes in the institution. There are no specific for both initial and continuous training. This course international courts, publishes e-bulletin as a pro- estimated and self-respected judiciary, but also a criteria indicated for identification and selection page serves two goals: provides course informa- fessional handbook for judges, state prosecutors, result of the very high-level of confidence in the UK of training materials to be posted on the website tion, e.g. location, time schedule, literature, and state attorneys, other officials and employees in judges and trust in their integrity and professional- or criteria for determination of the quality of the offers learning tools, e.g. questionnaires, web lec- the judicial authorities, and lawyers and notaries. ism among the citizens11. training materials. tures, quizzes. With this setup, SSR courses have a It has been published by the Ministry of Justice for ‘blended’ format, meaning that classroom training several decades. The scope and content of Judi- 3.3. THE PROCESS 3.3.2. MOLDOVA - NATIONAL is combined with e-learning. In most cases e-learn- cial Bulletin is determined by the Editorial Board, INSTITUTE OF JUSTICE ing is used as preparation for classroom training. consisting of representatives of the JTC, judicial OF SELECTION OF The overall purpose is to facilitate course prepara- authorities, the Bar Association and the Chamber PARTICIPANTS/EXISTENCE The acting judges and prosecutors are obliged to tion anytime, anywhere and to make course prepa- of Notaries. Contributions by legal experts are pub- attend at least 40 training hours per year, where ration more attractive and effective by using dif- lished, who first submit them to the Editorial Board OF SPECIFIC INTERACTIVE 24 hours should be specialised study courses de- ferent tools instead of only reading materials. This for approval. The number of volumes published an- PROGRAMMES AND pending on the NIJ possibilities and organisation- preparation saves time during classroom training, nually (either three or four) depends on the num- al resources. The activities included in the study thus creating space for interactive training meth- ber and size of contributions. METHODOLOGIES plans are integrated in the Informational System ods, which are considered more effective from an (IS) of the NIJ. The judges and prosecutors have educational point of view. SSR offers a number of 3.3.5. UK: ENGLAND AND e-learning courses without classroom training or 3.3.1. CROATIA - JUDICIAL direct and personal access to the IS of NIJ, being WALES - JUDICIAL COLLEGE entitled to select the courses they are interested guided instructions from a trainer online. With these e-learning courses employees in the judiciary ACADEMY in, apply online and attend 40 to 80 training hours The Judicial College is directly responsible for or prosecution can learn with maximum flexibility. per year. In general, the participants select the training full (salaried) and part-time (fee-paid) The Academy did not develop a formal set of cri- SSR has its own studio to record and edit differ- training courses based on their preferences. Supe- judges and members of tribunals. Judicial College teria for the selection of participants other than ent types of video productions like web lectures, rior Council of Magistracy (SCM) and the Superior courses, domestically and internationally, use a those set in the Act on Judicial Academy which de- interviews and webinars. These videos are mainly Council of Prosecutors (SCP) delegate judges and range of well-tried teaching methods, starting from fine its target groups: judicial officials, advisors in produced for use as course preparation (blended prosecutors to continuous training, taking into ac- the principle of ‘judges teaching judges’ and ‘ex- judicial bodies, other civil servants in the judici- learning) or as part of an e-learning course. Most of count their preferences. The requests to the SCM ploiting participants’ experience of law and life, ary and trainees preparing for the bar exam. For the videos are accessible through the SSR website. for delegating the judges for specific training are judicial work and legal practice, to develop judi- a particular training the target group is set by the sent exclusively through the NIJ, no matter which cial skills. The courses are intense and fast-moving Programme Council depending on the aim and the entity organises the event. The other beneficiar- 3.3.4. SLOVENIA - JUDICIAL in order to make the best use of resources. Ficti- topic of the training. Various techniques have been ies are appointed/delegated by the relevant in- tious cases are presented and discussed. Individu- used to ensure pro-active participation (pre-testing TRAINING CENTRE stitutions. Each module of continuous training als are encouraged to explore and share ideas in of knowledge, asking if the participants have topic programme, which is adopted each year for two se- Since Slovenia’s accession to the EU, the cooper- small groups, and to participate in learning rather related questions before the training, testing using mesters, is designated to a specific target group of ation and participation of lecturers from various than just being observers. Examples of transna- online tools during the training, etc.) The trainers judges, prosecutors, presidents of courts, judicial EU institutions, other EU Member States and inter- tional subjects include those which fall within the are instructed to design an interactive workshop in experts, registrars, judiciary assistants, heads of national structures have been constantly increas- realm of ‘judge craft’, improving judges’ skills in line with the European best experiences (Handbook court secretariats, prosecutor’s consultants, pro- ing. English language workshops, with a focus on the tasks which are common to judges in all juris- on training methodology by EJTN). For every work- bation counsellors, lawyers who provide guarantee legal terminology, using the European criminal dictions. The College also has considerable expe- shop the participants are invited via the heads of state legal assistance and other persons working in law and civil law instruments, provide knowledge rience in training Course Directors and Trainers in institutions, i.e. presidents of courts and heads of the justice sector. of the relevant vocabulary and terminology in the educational and training methods such as prepar- prosecutor’s offices. E-learning is a common train- field of international and European affairs. Their ing a course, course materials, leading discussion, ing method used for all target groups. A train of purpose is to improve the abilities to understand facilitating small groups, video review, distance expert texts and to communicate effectively in learning, and responding to participants’ feed- 11 See the GRECO Fourth Evaluation Report on UK, https:// www.coe.int/en/web/greco/evaluations the field of constitutional, civil, criminal, admin- back. All programmes are available online.

28 29 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

Due to the budgetary constraints, the College de- ticing judicial office holders or by trainers with livers cost-effective training. Judicial training has professional skills under judicial direction and they three elements: substantive law, evidence and receive help and advice. Face-to-face training and procedure and other expertise; acquisition and e-learning are core methods of judicial training improvement of judicial skills including leader- and may be stand alone or blended. Training will ship and management skills in the context of the be evaluated proportionately with a view to devel- IT court reform, social context of judging, mean- opment, improvement, and value for money. The ing including diversity and equality integral to the College develops its Learning Management System. training programmes. All newly appointed and On international level, the College designs, and newly assigned judicial office holders receive in- delivers programmes and materials, particularly in duction training. All judicial office holders under- the areas of judicial conduct and ethics, judicial take continuing training which meets their training skills and training the trainers. needs. Training is designed and delivered by prac-

CHAPTER II

1. COMMON FINDINGS IN THE IDENTIFIED AREAS

1.1. BENEFITS OF CREATING to manage and use such information. Thus, the management of judicial training contributes to the IT MANAGEMENT/PLATFORM modernisation of the justice system, as it establishes more efficient work methodologies in the ex- OF JUDICIAL DATA, ercise of the judicial function, drawing both on the ESTABLISHING REGIONAL information contained on the portal, which comes from different sources, such as judicial decisions, DATABASE IN JUSTICE reports, both in national and international publications, applications, etc. Centralisation and harmo- Judicial activity is based on knowledge, therefore, nisation of data lead to greater efficiency of court it is not only necessary to access information, but activities.

30 31 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

Related to the process of developing the quality imposed to reduce the theoretical presentations in platform could also be open to the social media for selection of trainers with an obligation for the and accessible training materials and project data favour of elaboration and study of concrete hypo- to enable better interconnectivity, with all guar- candidates to make a presentation in front of eval- (including regional projects), from the JTIs replies, thetical or real cases. Training based on presenta- antees for preserving judicial independence and uation commission. Usually, the list of permanent it appears there is no designated person in JTIs tion and theory has been practiced for years in the impartiality and the personal data protection. This trainers (as the core training body of the JTI) is responsible for selection, annotation, classifica- SEE JTIs, mainly as a result of the traditional legal would enable obtaining information from inside approved by the Managing Board of the JTI or other tion and publication of materials and other useful education in the continental law system the SEE (the main users of the training services - judges, judicial body (e.g. High Council for the Judiciary), documents. There are no standard internal proce- judiciaries are part of as a system derived from the prosecutors), but also getting an input from the ex- based on the proposal of the Commission. dures for improved quality of training materials. Corpus Juris Civilis, known as continental law sys- ternal stakeholders about the effectiveness of the Selection and categorisation of training materials tem. This methodology has been criticised as one training and will enable keeping the pace with the In some of the judiciaries there is a kind of and evaluation of particular training is conducted of the main deficiencies by many EU projects. This current needs of the judiciary. The JTI mostly rely semi-formal procedure, with requirements for by the trainers (or Academy staff), after which the approach in the SEE judicial systems has started on the replies from the evaluation forms, results the candidates to fulfil several conditions, among materials are delivered to the target groups via to change (still very slowly) with the process of in- from the TNA but with no participation of the ex- them, good work results (defined or not), high pro- e-mail before or after completion of the training corporation of the European Convention on Human ternal partners and users. Creating a possibility to fessional and ethical behaviour and integrity, and and/or published on the website before or after Rights (ECHR) case-law, EU law and internation- follow the training online will make the training on the other side, there are conditions which are the training. The JTI in Serbia has introduced so- al courts case-law in the national legislation and more open to all legal professionals, contribute to considered an advantage such as previous expe- phisticated software on management of internal practice, and introduction of adversarial procedur- stronger responsibility for the quality of the train- rience as a trainer, completed train-the-trainers processes, including training materials (the e-Acad- al systems inspired by the common law traditions. course, scientific titles, publishing activity, knowl- emy). It represents an advanced management of ing delivered, and finally, will result in more objec- edge of foreign languages. internal procedures, seminars and communication Digital knowledge management means not only en- tive evaluation of the effects of the training. services, management and storage of documents abling access, but better and smooth management In other judiciaries there is no formal procedure with sophisticated engine services, with user rec- of the collected data and less paperwork in the *** for selection of trainers; they are engaged for the ognition possibility. Training materials and project judiciary. Good practices from the EU MS (espe- All these advantages and good practices could be particular training among most experienced and data (including regional projects) of one JTI are cially Spain, UK, Bulgaria) show the benefits of es- used in the process of development and mainte- professional judges (or on the principle of self-test- not fully displayed and are not easily accessible on tablishing an e-Academy, e-Judiciary, which means nance of the regional database with the facilita- ing against the criteria as having a high-level of the website, and are available for another train- storage and management of training materials ing institution only on request, which minimises and other sources of knowledge in a centralised, tion of the RCC. The platform could be filled with experience in dealing with equal treatment and transparency and openness of the institutions and systematic manner. That means less use of paper, data gathered from the JTI coordinators assigned diversity issues). processes. copies of presentations and judgements, replies for that purpose, with a task to submit useful in- The trainers are usually appointed for a period of from the evaluation forms, case-studies and all formation on the list of trainers, their biography, one year with possibility of extension and with no Most of the training operations are handled in a kinds of documents distributed to the participants narrow specialisation, special IT and legal research traditional manner without using IT search engine in printed form and all kinds of judicial and other skills, and other documents which could result in a or some limitation, depending on the results of the tools, due to the fact that the processes of comput- documents which overburdened the training in- common list of trainers, training materials of com- evaluation sheets or a presentation in front of a erisation, automation and management of ICT se- stitutions, courts and prosecutor offices. Further- mon interest for judiciaries in the region which in commission. curity in the judiciary are very expensive and they more, such a system supports the harmonisation a mid-term could be upheld in a regional e-docu- From a perspective of the JTIs, a good balance need to be constantly modernised. Also, software of courts’ practice to the desirable extent. Judges mentation centre and wider. development requires specialised Academy staff or and prosecutors face the pressure of dealing with should be achieved between the frequency of en- additional external experts and is time consuming. cases competently and in a reasonable time (Art.6 1.2. FINDINGS RELATED gagement of the same trainers and the necessity ECHR). They have no time to spend on legal search for maintenance of a high quality of the training. Computerisation of the training materials will save and selection of useful documents for their every- TO COMMON STANDARDS Public perception that the institution is not favour- paper, resources and more importantly it will en- day judicial activities. Establishing and regularly ing some of the trainers is extremely important for able transparency of the teaching materials, their updating a centralised source of information with IN THE PROCESS OF the confidence of the participants and the judicial availability (not only for the participants of the easy and comprehensible general and advanced community. The evaluation process of the trainers training, but also for the wider legal audience), SELECTION OF TRAINERS search engine is cost-effective and improves the usually starts and ends at the first level of eval- and will enable the internal and also external con- efficiency of judicial activities as an imperative for AND OTHER EXPERTS uation – satisfaction of the participants with the trol of the quality of materials, and competence improving the quality of the judiciary. training content, methodology and training mate- and developed skills of the trainers. Computerisa- The trainers could be permanent, temporary or ad- rials. tion and streamlining the management of all train- This database (documentation centre, e-platform), ing processes will improve the efficiency and ac- hoc. The trainers and mentors in all JTI institutions both on national and regional level, could be cre- The list of trainers is not published on the websites cessibility of judicial services in general. receive award and/or daily fees (with an exemp- ated as an interactive forum which will enable tion in the UK). It is obvious from the compara- of the JTIs, and, if it is, there are limited data and/ two-way communication in order to obtain opin- or restricted access to it. The specialisation, exper- Steps are undertaken to strengthen practical ap- tive review that there are systems with very strict ion, proposals and suggestions from the users. This proach in the training methodology. Trainers are formal conditions and prescribed formal procedure tise, completed training, study visits, internships,

32 33 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

evaluation results and other useful data regarding ods for implementing the EC progress report rec- sors of everyday work of judges and prosecutors Facebook, Chats) and to combine them with the the trainers are not visible even to the members of ommendations and benchmarks and on the meth- have no or little role in promoting the quality of experienced judicial practitioners. These e-mod- the national judiciary. Almost all of the JTIs estab- ods for effective preparation and participation the training. They should be more active in the se- ules need to be constantly updated and financed, lished practice of organising ToTs, but not in a com- in the negotiation processes for the aspirants, in lection of the participants, but with respect to all but most of JTIs do not have sufficient financial re- prehensive or a systematic way. Some of the JTIs close coordination with the EU MS contact persons guarantees for preserving judicial independence, sources available for this (also there is a syndrome developed a good synergy between the judiciary who have already had such experience. judicial expertise, and freely expressed interest. of lack of constant motivation and energy for up- and the Academia (faculty of philosophy, andrago- grading these modules into a system). In this regard, the RCC could proactively partici- gy, law, etc.) in development of modern, multidis- It is a fact that many of the SEE JTIs have intro- pate and facilitate assistance of experts included ciplinary ToT courses, constantly updated with the duced e-learning courses most often with the fi- For these reasons, some good practices should in the regional database in enhancing the skills and novelties in the adult learning practice. nancial support of the donors and projects. In be used and made sustainable on regional level, abilities of the representatives of SEE judiciaries some of the judiciaries, the e-learning system is in and e-learning could be combined with traditional *** and particularly the aspirants to be better pre- a rudimentary form and in some other it has been teaching methods. Also, video conferences, web pared for designation and implementation of the developed for years. It is important that these lectures, interviews, webinars, video recordings of judicial reform strategy in line with the EC bench- For these reasons, there is a good opportunity for courses should involve trainers with affiliations to trials could encourage more proactive involvement marks and to be better positioned in the negotia- RCC to establish a platform of regional experts in the IT and communication technologies (Twitter, of the participants. EU law and other common topics (e-register of tion processes with the EC. In this respect the RCC the trainers and mentors; training cards with their could serve as a link between the SEE judiciaries specific expertise and skills) based on minimum and the EU. common criteria to be developed and recognised by RCC as a basis for regional exchange. For the future, it would be desirable to design and im- 1.3. FINDINGS RELATED plement common regional ToT based on mutually agreed criteria for the newly appointed as well as TO ESTABLISHING NEW for the experienced trainers, with RCC’s facilita- TRAINING PROGRAMMES tion. AND METHODOLOGIES A prototype of regional platform for trainers, mentors and other experts skilled in EU approximation WHICH COULD BE USED AT process could be facilitated by RCC with a possi- REGIONAL LEVEL bility of establishing an open forum where they could exchange views, experiences, problems, op- The JTIs develop different regular and specialised portunities for using new technologies and training programmes for different categories of partici- methods. They could be discussed at RCC organised pants. There is no evidence that large number of roundtables, including the most problematic issues, fragmented training sessions lead to better quality methods to increase motivation, pro-activeness of judicial training. The selection of participants and commitment of the participants to the training by using the method of pre-testing and personal and reducing the fatigue with too many training invitations is not common in the JTIs due to the sessions, which are considered as criteria for ca- sensitiveness and independence of the judicial pro- reer promotion, reduction of backlog, performance fession. In most of the judiciaries it appears that evaluation, etc. Also, on the level of SEE judiciar- there is no procedure for ensuring pre-selection ies, it is important to promote new methods for of candidates using the methods of quizzing and enhancing the skills of trainers and mentors, such sending questionnaires, and the interactivity is left as coaching, mentoring, guiding the newly appoint- to the creativity and commitment of the trainers. ed mentors, combination of new and experienced These methods are usually implemented in case of trainers, combination of various skills of trainers, seminars financed by international projects. The as well as various methods of mentoring and coach- burden of promoting proactive participation is left ing the newly appointed judges and prosecutors. to the trainers and their creativity.

RCC could also promote a dialogue between the The presidents of the courts and the heads of the trainers and the relevant experts on the best meth- public prosecutors offices as immediate supervi-

34 35 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

standards and create a database of train- || To develop a system of measuring judicial ers in different legal fields, with a focus on training quality, at the same time safeguard- those of relevance for the approximation ing that implementation of its components process (EU law, ECHR and international and measurement indicators do not violate treaties), and also experts involved in the the independence of judiciary; drafting of judicial reform strategies and in || To improve evaluation of the quality of the negotiation process for different Chap- trainers and implement it on the regional ters (especially chapters 23 and 24). These level - define basic standards of quality of experts could be assigned in close coordi- trainers and its elements, using Kirkpatrick nation with the national governments and levels of evaluation of the effectiveness of ministries responsible for European integra- the training (reaction, learning, behaviour tion. There is a need to further define some and results – in a form of long-term evalu- criteria more clearly, including completed train- the -trainer course and to find a com- ation); mon denominator for all these conditions to || To develop a process of continuous assess- be used regionally; ment of trainers and mentors in short, mid || Clear conditions for engagement of train- and long-term by internal and external fac- ers should be developed in order to avoid tors (cross-check of the information collect- possible conflict of interest and nepotism, ed, thus minimising the subjectivism in the e.g. members from the institution proposing evaluation process12); and/or selecting the trainers should not act || To create e-file for each of the trainers to as trainers themselves; be constantly updated and to share the list || Transparency of the procedure for selection of trainers in agreed common topic with the of trainers and mentors should be ensured RCC (based on regionally accepted criteria) by visibility and accessibility of the public which will include it in the database of re- calls for trainers and mentors providing de- gional legal experts; CHAPTER III tailed objective criteria to be fulfilled; || To establish common standards for train- || Clear distinction between the formal and in- the-trainer programmes; formal criteria should be established; || RCC should organise joint meetings of WB || System for career promotion should be ad- trainers and mentors in cooperation with 1. PROPOSALS FOR IMPROVEMENTS ON opted by the Councils and judges and pros- EJTN and other relevant networks and in- ecutors motivated to be involved in the stitutions to discuss the problems and chal- INDIVIDUAL-ECONOMY AND REGIONAL LEVEL training process as trainers and mentors, lenges; thus providing better quality of the training; || To ensure more active involvement of the || Minimum standards for ceasing the engage- graduated candidates in the training insti- ment as a trainer or mentor should be es- tutions’ activities especially as trainers and tablished at the regional level in different | mentoring in the fields of IT, legal research, | In general, there are many conditions to common topics agreed upon by WB JTIs and 1.1. IMPROVEMENTS ON EU and international law; be fulfilled such as work experience, pre- other stakeholders; vious experience as trainer or mentor, good || To create minimum standards for mentors INDIVIDUAL-ECONOMY || The WB JTIs should be involved in the pro- grades in the process of performance evalu- at regional level on the methods and tech- cess of selection of trainers at regional lev- LEVEL ation by the Councils, published articles and el and should strictly follow previously ap- niques for carrying out basic judicial and publications, master’s or PhD degree, active proved rules. prosecutorial tasks such as: writing tech- 1.1.1. CONDITIONS AND knowledge of EU languages, train–the-train- niques, legal reasoning and argumentation, er or mentor course completed. Detailed, PROCEDURE FOR SELECTION 1.1.2. IMPROVING THE ethical behaviour and judicial excellency, precise and objective indicators for meeting enhanced skills for evaluation of the prog- all these conditions (on paper) and the ac- AND REAPPOINTMENT OF QUALITY OF TRAINERS ress of candidates and recording of the re- companying documents should be defined. TRAINERS AND MENTORS AND AND MENTORS AND THEIR sults achieved. || The RCC is well positioned as a relevant in- th OTHER EXPERTS stitution in the region to establish common PERFORMANCE 12 Document adopted at the 28 Plenary meeting of the CEPEJ on 7 December 2016

36 37 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

1.1.3. QUALITY MANAGEMENT teaching methods (video-simulations, IT le- tivities in specific common topics, open for and involvement in the training process and gal research, video-conferencing); participation for judges, prosecutors and evaluation of the effectiveness of training OF THE TRAINING CYCLE || To develop and update a regional e-da- trainees from the region; in daily work of judges and prosecutors and to motivate them to work on development || To develop guidelines for successful plan- tabase of trainers and mentors in specific || Due to its role as a hub of judicial train- of training modules in line with the gaps ning, designing and delivering of the train- fields trained in specific skills (communica- ing institutions in SEE, RCC should be and identified in practice. Such meetings could ing, developing and using materials (includ- tion/presentation skills, solving conflicts in function as a link between the EJTN and WB also be used as an opportunity to improve ing IT management); a group, etc.); related to all kinds of documents of relevance for EU integration and facilitation of cross-border cooperation and enhance mu- || To establish and update regional e-database || To establish a common regional pool of networking; tual trust; for trainers and mentors in specific fields trainers in basic judicial skills (writing tech- || To enable exchange of trainees, trainers and and experts in specific skills (communication niques, critical thinking, legal reasoning and || To constantly update the established region- mentors during the initial training – thus skills, presentation skills, solving conflicts in argumentation, decision-making process, al e-database which should grow into a re- creating alumni network and organise moot a group, international law, ECtHR case-law, structuring judgments, using the structure gional e-documentation centre. court activities on ECHR and ECJ case-law at functioning of international courts, imple- and classification of arguments of the case- regional level; menting international conventions); law of international and national courts, 1.2.2. JOINT MEETINGS AND when applicable); || All these meetings and gatherings should be || To develop common standards on how to PEER-TO-PEER SESSIONS AND || To develop a common pool of trainers on posted on the e-database. categorise training and register training for MISSIONS the purpose of analysis and research; specific topics such as: use of electronic evidence, cross-border cooperation in com- || To support the judicial training centres’ in- || To organise regular roundtables of the high- bating organised crime, ethics and judicial 1.2.3. QUALITY OF TRAINING stitutional building by developing a system est courts in the region and discuss the most integrity, freezing and confiscation orders, MATERIALS of quality management, developing stan- effective mechanisms for harmonising court fighting fraud and counterfeiting of non- dard procedures and categorisation of all practices and promoting the use of case- cash means of payment, reading financial || Developed standards on the components of internal acts in the institution (protocols, law, as a legal source for lower courts; documents and understanding financial ex- quality of training materials, regional ap- guides, rules of procedure); pertise, use of digital evidence, cross-bor- || To enable regional meetings focused on top- plicability of the selected case-law, contin- || To develop methodology for implementation der access to e-justice, cross-border coop- ics such as: budgetary issues, effective use uous selection and storing of training ma- of the training evaluation outcomes, coming eration in criminal, commercial, family and of IT resources, foreign project results, es- terials, developed method for selection of from the external users (NGO, lawyers, oth- civil matters; pecially when adopting new procedural laws quality and useful materials for the website er legal professionals). which burden considerably the JTIs resourc- and access to these documents granted to || To develop a pool of experts actively in- es; all SEE JTIs; volved and experienced in drafting strategic 1.2. CREATING A REGIONAL reform documents, negotiation process and || To organise regional meetings of the presi- || Developed standards for revising and updat- implementing the EC progress report recom- dents of courts and chief public prosecutors ing of the training materials and adequate E-JUSTICE PLATFORM AS mendations; to encourage their more active participation case-law delivered. THE FIRST STEP TOWARDS || To motivate and facilitate the use of e-learning opportunities; ESTABLISHING REGIONAL || To establish a regional e-learning platform E-JUSTICE DOCUMENTATION and use the learning courses among the WB economies, exchange training materials on CENTRE the topics which are not based solely on the national legislation, and establish an e-fo- 1.2.1. DEVELOPMENT OF rum to discuss some legal issues, exchange experiences and good practice; A REGIONAL DATABASE OF || To develop a pool of course designers, facili- TRAINERS AND MENTORS AND tators, specialists on pedagogy and andrago- OTHER RELEVANT EXPERTS gy and training coordinators; || To create a joint database of training ma- || To create and update a central pool of train- terials and case-law in specific topics - to ers, skilled in IT, communication and new develop an open catalogue of training ac-

38 39 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

Change of the mentality of non-EU judicial practi- coverage in the initial and continuous train- tioners and developing EU friendly approach is one ing programmes. EU law comprehensive and of the key factors for planning and organising suc- consistent curricula, regularly updated for cessful EU law training. The training curricula in each new generation of candidates has been the EU member states differ from the same curric- developed in the initial training programme ula in the non-EU, namely WB economies. The suc- in all training institutions; cess of whole effort of Europeanisation of the WB || Trainees have the main obligation to learn judiciaries will largely depend on whether a grad- and study and as a result this programme ual shift in the minds of the national judges would is scheduled as full-time or part-time pro- occur from pure legal formalism towards adopting gramme; features of genuine European legal culture (EU || In some jurisdictions active knowledge of IT law application by national courts /Skopje, 2014, and a foreign language are prerequisites for SEELS/GIZ, see conclusions). participating in initial raining; The international documents foster the mutual co- || Initial training is in general more oriented operation and dialogue regarding proper applica- to international cooperation (study visits, tion of EU law by national judges. The knowledge self-presentation, exchange of trainers, in EU law could be developed in a comprehensive trainees, internships, e-learning tools); and consistent manner, starting with the law fac- || Trainees usually have certain level of knowl- ulties, together with enhancing the skills of judi- edge in EU law (law faculties, bar exam or cial practitioners towards EU-friendly approach. entrance exam for initial training at the Prior knowledge of international and European academies); law and case-law should be ensured by inclusion || Trainees are motivated to become judges or of these topics in the curricula of law faculties. prosecutors, have IT skills and knowledge of Appropriate knowledge of international and Eu- modern communication technologies, for- CHAPTER IV ropean law should be one of the conditions that eign languages, online courses, social media appointees to judicial posts should meet before and they incline to transparency, joint coop- taking up their duties and judicial training in this eration and networking inside the group as area would benefit from international cooperation well as with external factors; between national judicial training institutions. In- || On the other side, newly appointed judges ternational documents in justice area, indicate the 1. TOWARDS ESTABLISHING COMMON and prosecutors most often suffer from the importance of cooperation among the court doc- so-called Lake Woebegone Effect14 and thus umentation services, libraries and judicial assis- STANDARDS FOR DEVELOPING AN EU LAW a balance needs to be struck and all these tants. In the same manner judges from the region circumstances taken into consideration. TRAINING CURRICULUM could benefit from development of direct contacts and dialogue between the judicial training institutions through conferences, seminars and bilateral 1.1.2. CONTINUOUS 1.1. EU LAW TRAINING IN for uniform application of domestic laws which is meetings. Judges and prosecutors, as well as legal TRAINING (COMPREHENSIVE/ the responsibility of the highest national court. associates in charge of legal research and drafting PARTICIPATIVE COVERAGE OF THE SEE JURISDICTIONS – Judges should be granted an access to information judicial decisions could benefit from development suitably indexed and annotated; the information of regional websites and platforms where they can EU LAW) CURRENT SITUATION AND provided should be comprehensive and available exchange relevant EU information and materials The situation is quite different when it comes to promptly; appropriate measures – including allo- and make use of having centralised management DEFICIENCIES continuous training. Namely, the respective lifelong cation of grants – should assure that judges gain of EU knowledge. judicial education does not have practice of devel- Training is one of the tools for improving the qual- full proficiency in foreign languages; additionally, ity of EU and international law application by do- courts should have translation and interpretation 1.1.1. INITIAL TRAINING 14 The Lake Woebegone effect, which means a natural services available apart from the ordinary cost of human tendency to overestimate one’s capabilities, was mestic courts. It means providing adequate pro- coined by Professor David G Myers, the Journal of Dispute 13 || There are differences in the content and fessional training and ensuring availability of court the functioning of courts . Resolution, Volume 2015 | Issue 1 Article 7, 2015, Writing methodology of the EU law presentation and Reasoned Decisions and Opinions: A Guide for Novice, jurisprudence. Another instrument is a mechanism 13 see CCJE Opinion 9 Experienced, and Foreign Judges S. I. Strong

40 41 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

oping comprehensive EU training curricula (basic 1.2. GOOD PRACTICES OF (electronic Gaius) capable of providing quick and questions in the court’s case-law. In its first year and advanced) which will be attended by the same easy access to past and ongoing training courses, of operation, NIM organised four conferences ded- group of participants and which will be obligatory THE EU MEMBER STATES teaching materials and national and European leg- icated to the training of EuRoQuod members. The for judges and prosecutors. The particular topics islation. fourth EuRoQuod conference was broadcasted on- of EU law are elaborated in a limited number of WHICH COULD BE USED FOR line in English and was thus accessible to Dutch and non-comprehensive seminars and workshops, most ESTABLISHING A REGIONAL 1.2.2. THE NETHERLANDS Italian magistrates, establishing a connection be- often financed by the international projects and 15 tween the three networks. regional or EU networks. DATABASE ON EU LAW Eurinfra model consists of three sub-projects, with 1.2.5. SPAIN It is not clear whether these topics are selected The EU Member States demonstrate different pro- the following objectives: improving the accessibil- on a basis of realistic training needs assessment, gress of training on EU law before and after the ity of European law information resources using The combination of training in EU law and interna- on the proposals of the judges (that happens very accession. For example, in some jurisdictions prior web technology; improving knowledge of Euro- tional cooperation courses comprises three phas- rarely or never) or imposed by different bench- to membership learning activities were focused on pean law amongst the Dutch judiciary; setting up es: theoretical phase, led by a judge and a linguist marks in Chapters 23 and 24 or by EC progress re- raising awareness about the EU law amongst judg- and maintaining a network of court coordinators that includes training in language terminology and ports regarding the respective economies. Some of es and prosecutors followed by regular activities for European law (GCE). Court coordinators have discourse (French and English), training in the le- the EU law issues are incorporated in different law on basic EU law for all judicial practitioners while been given the task of improving the information gal systems of France and England and in EU law fields such as criminal, civil and administrative law. after entering the EU, training on EU law and in- and internal coordination within their own courts, (including substantive and procedural law, judicial ternational judicial cooperation became intercon- and maintaining contacts with other courts on the cooperation instruments and the corresponding In WB jurisdictions sitting judges and prosecutors nected and included in courses related to domestic subject of European law. The three pillars of the jurisprudence of the ECJ); practical and theoret- in parallel with their daily obligations attend train- branches of law already harmonised with the EU project have achieved a permanent status and will ical training is combined as participants carry out ing as an obligation with some differences in the acquis (criminal law, civil law, commercial law, ad- be reinforced with new activities. practical exercises, such as presenting arguments number of obligatory training days. Therefore they ministrative law) with consistent application under on proceedings or simulations of hearings based on perceive training as a kind of pressure and very of- the leadership of the highest national courts being 1.2.3. PORTUGAL the French and British systems; and a one-week in- ten react with enmity and exaggerated criticism, ensured. Much more efforts are still needed in or- ternship in a court in France or England in order to especially when it comes to the quality of the na- der to secure further quality application of the EU The JTC directly links training activities to provid- acquire first-hand knowledge of the functioning of tional and foreign experts engaged in the EU and law in the region. Training needs should be prop- ing access to EU law via electronic means. Along local institutions and of the legal systems where international law training. This training demands erly analysed and used as a basis for intensified with the documentation delivered to participants judges from the host countries act as tutors to the more proactive, modern approach of the train- obligatory training in the framework of continuous in any continuous training action on legal issues, participants in this practical phase. As a follow-up, ers, access to the EU law websites, legal research judicial training. the TC also puts together a special folder gather- a secured internet forum is available to course par- in which young judges and prosecutors are more ing all EU legal instruments that are in any way ticipants in order to allow them to maintain con- linked to and very often take a role of a trainer. 1.2.1. ITALY connected with that same topic. The folder is pre- tact with each other and continue exchanging their Judges at higher level courts and/or with longer pared by an EU law trainer. It is available online experiences. experience are not keen towards using IT learning Within the wider context of decentralised training, in an open area of the TC’s website along with all tools, learning foreign languages or attending in- GAIUS system relies on a network of local train- other training materials on this topic. 1.2.6. VISEGRAD GROUP ternational seminars. All these and other specifi- ers who specialise in several areas of European law cities should be taken into account when planning and who are also competent to organise training 1.2.4. ROMANIA COUNTRIES (V4) and implementing EU law curricula or regarding activities in several judicial districts and satisfy The judicial training institutions of Visegrad group particular topics towards changing the legal cul- those training needs. Their task also includes im- National Institute of Magistracy (NIM) in Romania (V4) countries have established a close regional co- ture, starting with gradual reforms of education at plementation of databases and data collection and established EuRoQuod – Romanian national network operation, involving organisation of training activi- the level of law schools. indexes of case-law of the ECJ and the ECHR. This of court coordinators in the field of European Union ties on judicial cooperation in Europe, including in network is integrated in the decentralised training law. The goal was to improve knowledge of Euro- The regional seminars and workshops in EU law Poland, Czech Republic, Slovak Republic, and Hun- structures as part of the Italian School for the Ju- pean law within the Romanian judiciary and ensure for judges and prosecutors with longer experience gary. One of the projects is the language training diciary. The goals of this system is to increase the accessibility of European law information resourc- should be developed and organised in order to focusing on the legal terminology of general Eu- number of centralised and decentralised courses es using web technology. EuRoQuod is now a func- achieve common level of knowledge of WB judges ropean Union law and Union legal acts, and espe- on European law; to provide specific training for tional network composed of 43 court coordinators, in EU law, thus preparing them for active partici- cially on the legal terminology used in the field of judges who exercise jurisdiction in areas connect- most of them very active, and with a very useful pation in more specialised training in EU law organ- judicial cooperation in criminal matters, extradi- ed with European law; and to develop a webpage website containing three sections: one dedicated ised by EJTN. to the network, another for preliminary requests tion and surrender: EAW. Each partner can appoint 10 participants, judges or prosecutors, for each 15 European EU- justice portal EU- https://e-justice.europa. and a section dedicated to specific areas that raise eu/content_good_training_practices-311-en.do?clang=en#n04 event. The training events (apart from the trav-

42 43 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

el costs) are financed by the host institutions. The Judicial training providers should ensure that train- are welcome, as well as connections between the || To organise regular roundtables in order to working languages are English and the language of ing necessary for the implementation of projects is regional coordinators and the responsible persons select best methods for interpretation of EU the host institution. Besides these training events, linked to the judicial reforms. They should estab- from other EU networks towards continuous ad- law, using the arguments of the case-law of the project has resulted in the development of a lish common regional standards for identifying the vancement of their knowledge in maintaining and WB national courts, other national courts pool of experts in the region in this area of law. training needs of judges and prosecutors of each updating the established e-database. and the ECtHR and ECJ; level and in the specialised departments who work || To encourage effective dialogue between The e-register could include the experts experi- on international legal cooperation. Podcasts and national and European courts, regular ex- 1.3. RECOMMENDATIONS enced in the whole package of reform processes webcasts can also be used to reach more people. change of information and direct contacts for EU integration together with their colleagues RELATED TO THE between institutions; JTIs from the region should be able to use the ben- from EU MS with similar experience and skills. || To create e-learning courses in EU law, spe- DEVELOPMENT OF A efits of all available platforms of EU law learning, cifically for judges and prosecutors working web pages, e-learning, blinded learning, video REGIONAL E-PLATFORM 1.4. RECOMMENDATIONS in close contact with international and Eu- links, relevant regional EU training materials relat- ropean institutions and MoJ officials dealing ON EU LAW WITH RCC ed to particular topic, databases, data collection TOWARDS ESTABLISHING with the international legal cooperation; FACILITATION and indexes of case-law of the ECJ and the ECHR, COMMON REGIONAL which provide quick and easy access to past and || To organise roundtables and meetings of the ongoing training courses, teaching materials and highest courts to discuss legal opinions on The economies in the region have specific respon- STANDARDS ON ENSURING national and European legislation. All these mate- issues regarding the applicability of EU law sibilities especially due to their obligations de- rials and data need to be somehow digested and GOOD QUALITY OF sources in the WB jurisdictions as guidance riving from the EU accession as a common goal. to the lower courts on the effect and con- These economies believe that historical reasons, systematised. JUDICIAL TRAINING ON tent of standard clauses and indirect con- their geographical closeness, common language, The first step could be to establish a regional list INTERNATIONAL AND EU sultation of the relevant EU instruments and and their similar experiences with EU integration (register) of national EU trainers, with data on ECJ’s jurisprudence, thus ensuring access mean they share the same needs in the training LAW IN THE WB ECONOMIES their field of specialisation (general and in the to these decisions for the judges from the of judges and prosecutors in the area of European specific area of criminal, civil, commercial, ad- region; judicial cooperation. JTIs should set realistic ob- || To define and analyse common strengths, ministrative, financial law, etc.), reports on study || To develop guidelines adopted by the high- jectives for developing training in EU law in line weaknesses, threats and opportunities in visits, internships, participation in exchange pro- est courts in line with the national consti- with their available resources and make the best the planning and delivery of EU training and grammes. Regional coordinators should be assigned tutional legal order and methods for devel- use of EU projects, not only in their respective methods for their overcoming/reducing; economies, but also in the wider regional environ- to gather EU knowledge and their coordination and oping domestic case-law in consistency with || To define clear, understandable and focused ment. They should work in close cooperation with regular meetings as well as their training should be European law and international and Euro- questions in the preparation of the EU law training providers in the region, with the Member encouraged, including sharing e-learning linguistic pean principles, standards and concepts, training needs assessment for judges and States, especially from the region, and the existing courses and creating an internet forum. Fostering as well as on making better use of the EU prosecutors in close consultations with EU networks (EJTN, RCC, HELP). They could designate cross-border cooperation could be in a form of indi- law training in the workplace and everyday law experienced experts/law professors and staff members to be responsible for strengthening cation of the contact persons in charge of interna- work; EU-wide contacts and overseeing the implementa- tional legal cooperation in the WB, mastering spe- EJTN experts; || To ensure continuous and accessible infor- tion of EU training development strategy. cialised vocabulary related to judicial cooperation || To prepare a common Questionnaire for TNA mation on international and European law in criminal and civil matters, in order to facilitate at the level of the SEE, to identify frequent available to all judges (legal texts and case- With the RCC facilitation, Ministries of justice as their direct contacts and enhance mutual trust. topics in the national judiciaries for which law, complete and up to date digested, in- well as ministries responsible for European integra- there appears to be more interest among dexed and annotated information), access tion processes should be more actively included in This regional e-platform will be a perfect tool judges in the last 3 years, which could be to legal journals or special legal circulars managing the development of the regional e-plat- towards enhancing mutual understanding among addressed as regional topics; form and in gathering EU legislation and all other and texts; judges and prosecutors from the region, creating || To share knowledge and skills acquired from relevant documents and materials for the judiciary || To enable joint discussions on court cases in a functional regional judicial network, and also international EU training and study visits and in assigning the relevant experts in drafting the region which involved international le- establishing links and partnerships/cooperation among the judges and prosecutors and to judicial strategies and action plans in line with with the other EU networks (Eurinfra, Gaius and gal cooperation and the possibilities of using the negotiation process policies and measures. In enable posting easily accessible information EuRoQuod networks), providing possibilities for prosecutorial networks, joint investigation this regard, RCC could establish closer cooperation on the RCC website; online discussions on particular topics and sharing teams, European arrest warrant and their with the EU MS, especially with those in the SEE || To organise meetings on best practices in the problems in court practice. Regular meetings implementation in those cases; region with fresh experience of the approximation teaching IT tools for accessing EU law in and dialogue between the regional coordinators || To develop common standards on capacity process. e-networks; building of the institutions, preparation of

44 45 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

the e-learning platform, categorisation and above. The platform should be constantly storing the training materials on EU law and updated to finally introduce obligatory train- their accessibility for all JTIs in SEE, and ing in EU law for the appellate court judges, also in the EU; given their immediate role in streamlining || To establish EU focal points at the training judicial practice, and for the highest court institutions in order to constantly systema- judges in the form of regular compulsory tise and follow the progress of the EU law training courses on selected topics of rel- and case-law and to communicate with the evance related to domestic application of RCC as regards activities and information of EU law. In this regard, joint roundtables on regional relevance; EU topics for harmonisation of the judicial practice with participation of the highest || To balance the level of knowledge on EU law courts should be organised on ad hoc basis; in the law faculties curricula and link it to the bar exam; || To translate summaries of selected ECHR’s judgments into regional languages and pub- || To identify and develop appropriate tests lish them on appropriate judicial network in EU law for the entrance exam for initial website; training group; || To make use of the materials relevant for || To improve planning and preparation of the the judiciaries, judges and prosecutors, EU training and testing the knowledge of the posted on the webpages of the ministries of participants in order to ensure their active justice and ministries in charge of European participation, thus identifying participants affairs; who already have experience in the EU law; || To establish institutional monitoring of ap- || To establish a platform at RCC website to plication of the EU law by national courts be managed by the RCC and supported by as a basis for developing appropriate EU law European funds for posting regional list of training curricula. experienced trainers (creating their trainers cards) and relevant experts mentioned CHAPTER V

1. CONCLUSIONS/RECOMMENDATIONS - FUTURE RCC ACTIVITIES AS A LEADING REGIONAL FACILITATOR IN EU JUDICIAL NETWORKING

|| Regular meetings of the SEE JTI Network ecutors, and due to their important role in should be more frequent due to the impor- the recruitment and appointment process; tance of direct exchange of experiences and || Regular meetings of the supreme courts and know-how; members of the councils for the highest prosecutor’s offices should be facili- judiciary should participate at these meet- tated to discuss the problems in uniform ap- ings taking into account their crucial role in plication of laws, enhancing rule of law and the management and preserving the inde- the efficiency of criminal justice systems as pendence of training institutions, as well as most vulnerable to the infringement of hu- in judicial training as a key factor for en- man rights and to discuss implementation of hancing the proficiency of judges and pros- the ECtHR case-law in this regard.

46 47 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

|| Regular meetings could be organised with the judiciary, executive bodies responsible stitutions, regional seminar(s) for judges on || RCC should ask JTIs to provide contact points participation of other legal professions for EU integration process and representa- cross-border cooperation in civil, commer- at working level who will share information since all WB JTIs have a practice of organis- tives of EU Delegations in WB economies, cial and family matters should be organised on regionally relevant activities, materials ing multidisciplinary trainings or exams for and focus on the topics related to the ne- by RCC; and reforms with the RCC Expert on Rule of the other legal professions (notaries, law- gotiation process; better structuring and || RCC should support regional activities on Law. yers, enforcement agents); fulfilling the benchmarks in Chapter 23 and improving the core elements of organisation || As the SEE Judicial Training Institutions Net- 24 as crucial for accession; better structur- and basic activities of JTI as a prerequisite work strives to promote effective and inde- ing the EC progress reports; enhancing the for sustainable institution building process pendent justice systems, regular meetings skills and abilities for drafting and prepar- (training needs assessment, external evalua- could be organised with participation of the ing strategic documents and action plans for tion, selection and training of trainers); judicial reforms and their implementation, representatives of other powers to discuss || Invite representatives from SEE Judicial and for well-prepared participation in the the threats to judicial independence and to Training Institutions to RCC-organised re- negotiation procedures with the EC; while enhance the dialogue between the powers gional meetings to present their activities identifying persons with the highest possible in line with the CCJE Opinion 18 to discuss undertaken between the meetings towards professional and ethical skills and dignity in the necessity of undertaking joint efforts to promoting the work and activities of the RCC this regard; reduce the negative impacts of the external SEE Judicial Training Institutions Network and internal pressure on the decision-mak- || RCC could assist in strengthening the inde- and measures for increasing its visibility, and ing process; pendency, sustainability and capacity of the discuss its further improvement. || As the independence of the judiciaries is JTIs, MoJs and ministries for European inte- an important precondition for creating gration, by improving staff skills in drafting business-friendly environment, regional national plans and strategies, monitoring meetings could be organised between the their implementation and on implementa- representatives of WB judiciaries and the tion of the recommendations coming from representatives of business communities in IPA projects and other EU funded actions. the respective economies to discuss the ob- || RCC’s database of trainers and mentors stacles and the problems in the judiciaries should be gradually broadened with oth- and in the legislation to business climate er content (materials in EU law, modules, and measures for their overcoming/reduc- guidelines, list of mentors, systems of eval- ing; uation); || Organise more activities (workshops and || Establish cooperation with CoE Human technical assistance) focusing on the imple- Rights Programme for Legal Professionals mentation of newest documents on preven- (HELP) and Commission for Efficiency of Jus- tion of judicial corruption and on judicial tice (CEPEJ) and host e-learning platform integrity (Consultative Council of European (HELP), make better use of indicators and Judges (CCJE) Opinion no.21 (2018) “Pre- recommendations given by in the area of venting corruption among judges”, compar- quality of judicial training and ADR in SEE, ative experiences of the GRECO Fourth Eval- introduce CEPEJ tools on judicial time and uation Round on prevention of corruption quality management; among judges and prosecutors, including || Participants should nominate a person at RAI documents on whistleblowers) and on the working level in JTI to an informal con- intensifying the activities in the area of pro- tact group for exchanging information about tection of human rights in business, while the relevant activities via e-mail, keeping in at the same time strengthening cooperation mind that RCC serves as a focal point and with the CCJE, GRECO, RAI; will disseminate the information and/or || Since the RCC is perceived as a link to the support some of these activities; EC at regional level, RCC should take the || Although the participating training institu- leading role in organising regional meet- tions have different status in relevant Eu- ings which will gather representatives of ropean networks and other international in-

48 49 Towards creating E-environment in justice - common standards on promoting quality of judicial training and regional cross-border cooperation in SEE

50 51 TOWARDS CREATING E-ENVIRONMENT IN JUSTICE COMMON STANDARDS ON PROMOTING QUALITY OF JUDICIAL TRAINING Trg i Sarajevo AND REGIONAL CROSS-BORDER COOPERATION IN SEE

Financed by the 52 European Union