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European judicial training

European judicial training. Judicial training in fundamental rights as mutual learning process. DG Justice and Consumers Dr Diana UNGUREANU General criminal law and Judicial training Unit. Outline. The role of the EC in supporting European judicial training

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European judicial training

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  1. European judicial training Judicial training in fundamental rights as mutual learning process DG Justice and Consumers Dr Diana UNGUREANU General criminal law and Judicial training Unit

  2. Outline • The role of the EC in supporting European judicial training • Judicial training in fundamental rights- a key need for the EU agenda • Mutual learning- the right way to address horizontal topics • Sharing responsibilities- multiplying results, ensuring sustainability, dissemination strategy

  3. A European area of justice Treaty on the European Union, art. 17 The European Commission is the guardian of the treaties Treaty on the functioning of the European Union, art. 81.2.h and 82.1.c Judicial cooperation in civil and criminal matters shall be supported by measures aimed at ensuring "support for the training of the judiciary and judicial staff"

  4. European judicial training • The 2011 European judicial training strategy • European Commission Communication on "Building trust in EU-wide justice – a new dimension to European judicial training" (COM(2011) 551) • 50% of all legal practitioners trained on EU law between 2011 and 2020 • The 2017 Report on European judicial training • https://e-justice.europa.eu/fileDownload.do?id=e17ab8e9-cb1c-485b-acd8-d56178384ec3 • Evaluation: public consultation • https://ec.europa.eu/info/consultations_en

  5. Profile of respondents

  6. Training needs. Rule of law

  7. European judicial training to facilitate the implementation of EU law European Commission Communication on "Building trust in EU-wide justice – a new dimension to European judicial training" (COM(2011) 551) "Development of Union law must be coupled with effective implementation, which guarantees legal security and uniform interpretation. To train judges and legal practitioners in Union law is one of the key recommendations " to reach that aim. Objectives • Correct and coherent implementation of EU law in the European Union • Mutual trust between legal practitioners in cross-border judicial proceedings Means: training of justice professional on EU law

  8. The European judicial training policy "Justice professionals" • Judges, prosecutors, court staff, bailiffs • Lawyers, notaries, mediators, legal interpreters and translators, court experts, prison staff, probation officers "EU law" • EU legislation and case-law, fundamental rights • National law implementing EU directives • Legal systems of other Member States

  9. Sharing of competencesA national responsibility Training of legal practitioners:a national competence • Training of judges and prosecutors: national judicial training entity (school, academy, supreme court, ministry department, etc.) • Training of court staff: ministries and courts • Training of self-organised professions like lawyers, notaries and some bailiffs: the professions and/or the private sector • Etc.

  10. Sharing of competencesA European support competence Horizontal support and advice: • Relationships with the legal professions and their training providers, including the European Judicial Training Network (EJTN) European e-Justice Portal, in all EU languages: • Training material for self-learning of legal practitioners and for trainers, including e-learning, best training practices for trainers • In future: European training platform • https://e-justice.europa.eu

  11. Sharing of competencesA European support competence Financial support: • EU financial support for cross-border training activities: "action grants" • Future calls: http://ec.europa.eu/research/participants/portal/desktop/en/opportunities/just • 2018 call for proposals: • Opening: 14 June 2018 • Deadline: 25 October 2018

  12. Challenges in applying the Charter • - How to recognise the applicability? • - How to apply it? – preliminary reference, interpret the national law in accordance with, set aside the contradicting national rule etc. • - difficulties in interpretation: autonomous interpretation, translation, European context • - Hands on: exchange of best practices, case law, • sharing practical take aways.

  13. Coming together is a beginning • Keeping together is progress • Working together is success. (H.Ford) • Contact: • JUST-JUDICIAL-TRAINING@ec.europa.eu

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