Training for Court Staff and Bailiffs ll

European Judicial Training for Court Staff and Bailiffs ll: Promoting and supporting the European cross-border cooperation

In its Europe 2020 policy, the European Commission fixed the target of 700 000 legal practitioners participating in European judicial training by 2020, which repre-sents no less than half of all legal practitioners in the EU. In response to this challenge, the new “European Judicial Training for Court Staff and Bailiffs” project funded within the scope of the EU Justice Programme 2014-2020 was launched in September 2017 with the objective to improve and develop court staff & bailiffs training in EU law. 

The consortium composed of the National School for Clerks (Ecole Nationale des Greffes – ENG) (France) represented by its mandated body Justice Coopération Internationale (JCI), the Centre for Legal Studies (Centro de Estudios Jurídicos – CEJ) (Spain), the Judiciary Training Institute (Institut de Formation Judiciaire – IFJ) (Belgium), the Directorate-General for the Administration of Justice (Direção Geral da Administração da Justiça – DGAJ) (Portugal), the National School for Clerks (Scoala Nationala de Grefieri) (Romania), the European Institute of Public Administration’s European Centre for Judges and Lawyers (EIPA) (Luxembourg), and the European Chamber of Judicial Officers/Bailiffs (Belgium, France, Luxembourg, Italy, Scotland, Hungary, Poland) (CEHJ) will join forces in order to involve all training levels and training stakeholders and create a true EU area of justice. 

The project includes: 

  • 3 Steering committee meetings in Dijon, Lisbon and Bucharest 
  • 6 Common training courses on EU Law in Dijon, Bucharest, Brussels, Madrid and Lisbon 
  • 1 training on English Legal Terminology for cross-border procedure and 
  • 3 Train the trainers activities in Luxembourg: Module 1: EU Judicial cooperation in civil and commercial matters Module 2: EU Judicial cooperation in family matters Module 3: EU Judicial cooperation in criminal matters 
  • 1 Closing conference: Meeting of EU training providers in Brussels 
  • Project evaluation report including quality evaluation of all training activities and Impact and effectiveness evaluation of the train the trainers modules.

These projects are co-funded by the Justice Programme of the European Union.

Contact

Ms Christiane Lamesch
+352 426 230 302 
c.lamesch@eipa.eu

Fundamental Rights Protection

Fundamental rights protection in the context of criminal proceedings in the European Union: The application and relevance of the Charter of Fundamental Rights of the European Union and EU Legislation
Implementation

The project is being implemented by EIPA Luxembourg – European Centre for Judges and Lawyers (ECJL) in partnership with KSSIP – Krajowa Szkola Sadownictwa I Prokuratury in Poland and the Consejo General Del Poder Judicial – Escuela Judicial.

Introduction

It is the duty and responsibility of EU Member States to ensure compliance with human rights as reflected in the EU Charter of Fundamental Rights when acting under the scope of EU law, and even more so when they administer criminal proceedings involving the application of EU criminal law instruments. The objectives of the project is firstly, to present the EU Charter as being the comprehensive framework of fundamental rights within the European Union. Secondly, to show how the EU procedural guarantees series of legislation are embedded in the EU’s wider fundamental rights context, provided by the EU Charter and the EU general principles of law, and to discuss how the ECHR is relevant in setting EU protection levels.

It is in this vein that the project aims to contribute to the development of mutual trust among legal practitioners being the fundamental criteria in establishing an EU area of criminal justice.

Target Group

The target audience of the project will be legal practitioners having a criminal law background and working in the criminal justice system either in the capacity of a judge, prosecutor or a defence lawyer. The participants’ responsibilities and prerogatives as judges and prosecutors will be illustrated through practical analysis of specific instruments and examples of their application in different Member States. Moreover, they will be informed on the latest tools adopted or under discussion as well as receive an overview of the fundamental characteristics of the new institutional processes governing the area.

Training calendar

The project will consist of one training to be repeated at three different locations:

Fundamental rights protection in the context of criminal proceedings in the European Union: The application and relevance of the Charter of Fundamental Rights of the European Union and EU Legislation

  • Barcelona (Spain), 13-14 March 2018
  • Warsaw (Poland), 26-27 June 2018
  • Luxembourg, 2-3 October 2018

Previous projects

These projects are co-funded by the Justice Programme of the European Union. Below you find more information per project.

Mutual Recognition Instruments in the European Judicial Area

Implementation
The project is being implemented by EIPA Luxembourg – European Centre for Judges and Lawyers (ECJL) in partnership with Domstolstyrelsen Denmark- Consiliul Superior al Magistraturii Romania.

Introduction
The EU has been active in adopting legislations in the field of criminal law in order to facilitate judicial cooperation among EU Member States, to fight serious and organised crime, and in general, to tackle cross-border criminal activity. While there are a number of legislative instruments in place, it is crucial that practitioners, judges, and prosecutors, are not only aware of the existence of the EU legislations, but also understand and apply the relevant European – level instruments. This is especially true for mutual recognition instruments which aim to put cross-border judicial cooperation in criminal matters in a truly different context, requiring mutual trust and more intensive cooperation both from national authorities and from legal practitioners. With that in mind, the proposed project comprises 3 seminars designed to improve knowledge, understanding, and the ability to apply and administer EU mutual recognition instruments in the field of criminal law.

Objectives
The objective of this project is three-fold.

  • Present the cooperation that has already been put in place amongst Member States in certain specific areas of criminal justice, taking into account the most recent developments.
  • Implement sessions in each seminar for practical questions relating to the application and administration of EU mutual recognition instruments in criminal matters. These sessions can be through discussions, workshops, case studies, etc, to exchange experiences and to identify best practices between the different practitioners/jurisdictions that are present.
  • Develop a Common Practice Training Manual comprising a detailed trainers’ note, mapping out the pivotal learning points of the topics covered by each session.

Finally, each seminar will be a clear occasion for judges and prosecutors to improve the cooperation amongst each other by understanding the elements of EU law applicable to each of them and at the same time by learning about each others’ jurisdictions. It is in this spirit that the project aims to contribute to the development of mutual trust among legal practitioners, which is the fundamental criteria in establishing an EU area of criminal justice.

Target group

The target audience of the project will be legal practitioners having a criminal law background and working in the criminal justice system either in the capacity of a judge, prosecutor, or defense lawyer. The participants’ responsibilities and prerogatives as judges and prosecutors will be illustrated through practical analysis of specific instruments and examples of their applications in different Member States. Moreover, they will be informed on the latest tools adopted or under discussion, as well as receive an overview of the fundamental characteristics of the new institutional processes governing the area.

Project Activities

  • Mutual recognition in extradition – The European Arrest Warrant – a decade of experience. Copenhagen, 3-4 September 2014
  • Mutual recognition in sanctions: Financial penalties, probation decisions and custodial sanctions, protection order. Bucharest, 11-12 November 2014
  • Mutual recognition in evidence gathering and confiscation: The European Investigation Order and freezing and confiscation of proceeds of crime in the European Union. Luxembourg, 10-11 March 2015

Commom Practice Training Manual
A Common Practice Training Manual will be prepared for each seminar comprising a detailed trainer’s note mapping out the pivotal learning points of the topics covered by each session.

The training manual:

  • explains the relevance of the subject matter in both EU and national contexts
  • draws attention to issues particularly pertinent in practice
  • contains the presentations of the experts, the relevant legal acts, policy documents, and case laws of the Court of Justice of the European Union and academic writing if necessary.
  • includes the case studies discussed and the issues and their possible solutions involved.
  • The participants in the referring seminars were distributed a hard copy of the said manual.

European Judicial Training for Court Staff and Bailiffs

In its Europe 2020 policy, the European Commission fixed the target of having 700,000 legal practitioners undertaking European judicial training by 2020. These number of participants represent half or more of all legal practitioners in the EU. In response to this challenge, the new “European Judicial Training for Court Staff and Bailiffs” project funded within the scope of the EU Justice Programme 2014-2020 was launched in September 2015.

This 2½year-project will contribute to the ambitious goal set by the EC by improving and developing court staff and bailiffs training in EU law and cross-boarder procedures. In particular, it will aim at:

  • Improving court staff & bailiff’s judicial training in EU law and cross-border procedure in civil, criminal and commercial law, via a series of common training courses as well as practical staff exchanges
  • Developing legal linguistic skills of court staff & bailiffs, that are indispensable to the European exchanges, via a linguistic course and the design of a e-learning platform on English terminology and the translation in English of other modules dealing with cross-border issues
  • Strengthening cooperation between training providers thanks to a major event, showcasing best practices developed within the project lifetime
  • Creating a real European area of court staff & bailiffs training by favouring mutual recognition of judgements among Member States

With a budget of €489,884, the consortium composed of the National School for Clerks (Ecole Nationale des Greffes – ENG) (France) represented by its mandated body Justice Coopération Internationale (JCI), the Centre for Legal Studies (Centro de Estudios Jurídicos – CEJ) (Spain), the Judiciary Training Institute (Institut de Formation Judiciaire – IFJ) (Belgium), the Directorate-General for the Administration of Justice (Direção Geral da Administração da Justiça – DGAJ) (Portugal), the European Institute of Public Administration’s European Centre for Judges and Lawyers (EIPA) (Luxembourg), and the European Chamber of Judicial Officers/Bailiffs (Belgium, France, Luxembourg, Italy, Scotland, Hungary, Poland) (CEHJ), will join forces in order to involve all training levels and training stakeholders and create a true EU area of justice.

EAW and Fundamental Rights

Intersections of the Application of the European Arrest Warrant and the Protection of Fundamental Rights.
Implementation
The project is being implemented by EIPA Luxembourg – European Centre for Judges and Lawyers (ECJL) in partnership with KSSIP – Krajowa Szkola Sadownictwa I Prokuratury in Poland and the European Criminal Bar Association.

Introduction
The EU has been active in adopting legislation in the field of criminal law in order to facilitate judicial cooperation among EU Member States, to fight serious and organised crime and in general to tackle cross-border criminal activity. While there are a number of legislative instruments at place, it is crucial that practitioners, judges and prosecutors are not only aware of the existence of EU legislation, but understand and apply the relevant European – level instruments. This is especially true for mutual recognition instruments which aim to put cross border judicial cooperation in criminal matters at a truly different context, requiring mutual trust and more intensive cooperation both from national authorities and legal practitioners. The leading mutual recognition instrument, the European Arrest Warrant, is certainly the pivotal EU criminal law instrument.

However the application of the European Arrest Warrant has been shadowed from time to time by concerns of fundamental rights protection in the issuing Member State, whether due regard is taken of the procedural guarantees applicable to suspected and accused and if the principle of proportionality was observed. The EU has been particularly keen in addressing these concerns, and under the ‘Stockholm roadmap’’, adopted a series of instruments elevating the procedural rights of suspected and accused persons in criminal proceedings.

Objectives

  • Firstly, to present the EAW as the leading mutual recognition instrument, and to discuss the issues related to issuing and executing of EAWs.
  • Secondly, to show the fundamental rights context in which the EAW eventually operates, and to discuss the related EU secondary legislation.
  • Thirdly and finally, each seminar will give a clear occasion for judges and prosecutors to improve the cooperation amongst each other by understanding the elements of EU law applicable to each of them and at the same time learning about teach others’ jurisdictions.

It is in this vein that the project aims to contribute to the development of mutual trust among legal practitioners being the fundamental criteria in establishing an EU area of criminal justice.

Target group
The target audience of the project will be legal practitioners having a criminal law background and working in the criminal justice system either in the capacity of a judge, prosecutor or a defence lawyer. The participants’ responsibilities and prerogatives as judges and prosecutors will be illustrated through practical analysis of specific instruments and examples of their application in different Member States. Moreover, they will be informed on the latest tools adopted or under discussion as well as receive an overview of the fundamental characteristics of the new institutional processes governing the area.