European Judicial Training Network - Judicial training Kiev, 6th September 2016 European Judicial Training Network - Judicial training in the times of judicial reforms Judge Wojciech Postulski EJTN Secretary General www.ejtn.eu

EJTN – who we are, EJTN and administrative judiciary in Europe Modern judicial training – meaning, goals and role Judicial training and judicial independence – interlinks and interdependences Judiciary – need for stability and steady development, role of training www.ejtn.eu

At a time when we are witnessing an increasing attention being paid to the role and significance of the judiciary, which is seen as the ultimate guarantor of the democratic functioning of institutions at national, European and international levels, the question of the training of prospective judges before they take up their posts and of in-service training is of particular importance. (Opinion of the CCJE N° 1 (2001), paragraphs 10-13, Opinion N° 3 (2002), paragraphs 25 and 50.ix, Opinion N° 4 (2003), paragraph 1).   www.ejtn.eu

Judicial training should be seen as essential in view of the need to improve not only the skills of those in the judicial public service but also the very functioning of that service. www.ejtn.eu

EUROPEAN JUDICIAL TRAINING NETWORK - Private non-profit making international organisation registered under the Belgian Law, establish in 2000 - 35 Judicial training institutions from all the 28 European Union MS incuding the Academy of European Law are EJTN Members - EJTN is an exchange and sharing forum for its Members, responsible for the training of 140,000 European Union judges and public prosecutors www.ejtn.eu

EJTN Observers BOSNIA AND HERZEGOVINA TURKEY CENTRES FOR JUDICIAL ACADEMY OF JUSTICE AND PROSECUTORIAL TRAINING NORWAY   NORWEGIAN COURTS ADMINISTRATION FYROM - MACEDONIA ACADEMY FOR JUDGES AND PUBLIC SWITZERLAND PROSECUTORS FOUNDATION FOR THE CONTINUOUS MONTENEGRO TRAINING OF SWISS JUDGES JUDICIAL TRAINING CENTRE   ALBANIA, GEORGIA, MOLDOVA SERBIA JUDICIAL ACADEMY   www.ejtn.eu

www.ejtn.eu

EJTN’s Training Activities Growth (2010 – 2015)

EJTN Training Principles 1. Judicial training is a multidisciplinary and practical type of training, essentially intended for the transmission of professional techniques and values complementary to legal education. 2. All judges and prosecutors should receive initial training before or on their appointment. 3. All judges and prosecutors should have the right to regular continuous training after appointment and throughout their careers and it is their responsibility to undertake it. Every Member State should put in place systems that ensure judges and prosecutors are able to exercise this right and responsibility. 4. Training is part of the normal working life of a judge and a prosecutor. All judges and prosecutors should have time to undertake training as part of the normal working time, unless it exceptionally jeopardises the service of justice. www.ejtn.eu

EJTN Training Principles 5. In accordance with the principles of judicial independence the design, content and delivery of judicial training are exclusively for national institutions responsible for judicial training to determine. 6. Training should primarily be delivered by judges and prosecutors who have been previously trained for this purpose. 7. Active and modern educational techniques should be given primacy in judicial training. 8. Member States should provide national institutions responsible for judicial training with sufficient funding and other resources to achieve their aims and objectives. 9. The highest judicial authorities should support judicial training. www.ejtn.eu

Modern judicial training Careful identification of training needs Responsiveness to current challenges Applying modern training methods Building synergies with different actors www.ejtn.eu

Modern judicial training Judges have to have a depth and diversity of knowledge which extend beyond the technical field of law to the following areas: important social concern, courtroom and personal skills understanding enabling to manage cases deal with all persons involved appropriately and sensitively www.ejtn.eu

Judicial training versus independence • knowledge • skills • attitudes / values www.ejtn.eu

Judicial training versus independence The independence of the judiciary confers rights on judges of all levels and jurisdictions, but also imposes ethical duties. The latter include the duty to perform judicial work professionally and diligently, which implies that they should have great professional ability, acquired, maintained and enhanced by the training which they have a duty, as well as a right, to undergo. www.ejtn.eu

Judicial training versus independence Legal principles should guarantee the independence and impartiality on which the legitimacy of judges depends, but judges for their part should ensure that they maintain a high degree of professional competence www.ejtn.eu

European standards Opinion no 4 of the Consultative Council of European Judges (CCJE) on appropriate initial and in-service training for judges at national and European levels. www.ejtn.eu

„… laws are not enough… We need a culture of independence and impartiality… if states are to permanently insulate their courts from the twists and turns of politics… The proces of entry into profession, training and promotion needs to be carefully protected from undue interference.”* * Thorbjørn Jagland, Secretary General of the Council of Europe, High-Level Conference of Ministers of Justice and representatives of the Judiciary "Strengthening Judicial Independence and Impartiality as a Pre-condition for the Rule of Law in Council of Europe Member States, Sofia,  21 April 2016 www.ejtn.eu

The European Judicial Training Network Thank you! www.ejtn.eu