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Introduction

Conference 10th May 2019 in Vienna “ Administrative Judges in Europe” recruitment – training – career Introduction into the Dutch System. Introduction. Annemiek Huigen Responsible for the Initial Training Programme for Judges

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Introduction

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  1. Conference 10th May 2019 in Vienna “AdministrativeJudges in Europe”recruitment – training – careerIntroductionintothe Dutch System

  2. Introduction Annemiek Huigen ResponsiblefortheInitial Training Programmefor Judges andLeadership Training in theJudiciaryandthe Public Prosecution Service & Judge in thedisctrict court of Amsterdam

  3. Agenda Introductoryremarks Context and organigram of the Dutch system Funding of the Dutch system The new recruitment procedure The realisation of a new Initial training programmeforjudges The initial training programmeforjudges The intake procedure Lessonslearned Weaknessesandstrengths Summary (3 most important ingredientsfor succes)

  4. Introductoryremarks New judges are beingrecrutedandtrainedas generalist andnot as specialist Therefore in the Dutch system there is no differencemade for recruitment, training andcareer of new administrativejudgesandotherjudges The potential field of conflict, thatadministrativejudgeswho control decisions of governmentalbodies are depending on governmentalendowmentsfortheir training, has notposedany issues in the Netherlands so far.

  5. Context of the Dutch system The Netherlands 17 millioninhabitants in the Netherlands 11 district courts 4 courts of appeal 3 specialised courts of appeal foradministrative cases 1 supreme court

  6. The Courts and Council of State

  7. The independant Council of State A budget directlyfromthe House of Representatives Two separate divisions: An advisarydivisionforthegovernment A judgingdivisionforspecificadministrative cases in appeal (f.e. cases aboutforeigners) and in first instance cases aboutenvironmental planning The council judges are appointeddirectlybythe Council of State These judges are professors of university, ex-lawyersand ex-judgesfromwithintheJudiciary Internal on-the-job training for these judges

  8. The Council fortheJudiciary (2002)

  9. Funding of the Dutch system

  10. In 2014 we implemented a new recruitment procedure and a new initial training programmeforjudges Reasonstoreconsidertheoldsituation: The rapidchangingdemands of society Notenoughdiversityamongjudges Combination coaching/training and assessment in one hand RigidInitial training programme: 1 yearforhighlyqualified professionals with high failure risk (notappealing) 4-6 yearsforyoung high potentialscombinedforprosecutorsandjudges

  11. Preparatory steps In 2010the Council of theJudiciarydecidedthatit was time toevaluatethe recruitment procedure andtheinitial training programme In 2012 a projectgroupmodernisedtheprofiles of judges, includingtheonesfor a beginningjudge in a district court and in an appeal court The requirementsfor entering theinitial training (legallyregistered) wereadjusted: - Master in law - At least 2 years of workingexperience in a legalprofession (newlyadded) In thesameyear (2012) the Council producedtwoassignmentsforprojectswiththe new profilesforbeginningjudges as a starting point : A new recruitment procedure A new initial training programmeforjudges

  12. The new recruitment procedure

  13. The new initial training programmeassignment • Starting points: • the new profilesforbeginningjudges • Preserving: • thenetworking environment • training on the job • training in two-threeworking environments (legalsections) • New: Tailor made toindividual training needs

  14. Overall leading criteria High quality Flexible Didacticinnovative Appealingforlegal professionals

  15. Proces fordesigningtheinitialprogramme Step 1: Clustering competencies of a beginningjudge in 5 themes Step 2: An educationalphilosophy Step 3. Investigatethefeasibility of modular training Step 4. Drawingthe design Drawing the design Modular training? Educational philosophy Clustering competencies

  16. Step 1: Clustering competencies of a beginningjudge in 5 themes Preparing court session Cooperation Communi-cation Intervision Magistracyprofessio-nalisation policy Court session Verdicts and decisions

  17. Step 2: An Educationalphilosophy High quality Flexible Didactiveinnovative Attractive A trainee judge as acolleague Ensure a stimulating learning environment by using existing knowledge and talent as the basis for the programme. The relationship between trainer and trainee will be freed from the pressure of assessments insofar as is possible, by arranging for a more objective and varied test ofcompetence. Make the programmereflect the profession of judge/member of the bench as an independent profession insofar as pos- sible. Trainees will be given more responsibility and control over what they learn and how they learn it, with a view to the exit qualifications. The trainer will function as coach, with the court as a whole as the educationalinstitute. Allow the trainees to work together in educational/research teams in which they can acquire knowledge and share experi- enceswhere necessary. The teams can also present proposals for improvement to theorganisation. A programmein which these principles are consistently applied (in the structure and implementation) will achieve bettereducati- onalreturns and help to reduce the dropout rate. This innovative didactic foundation will also contribute to the quality, flexibility and appeal of theprogramme. The Training and Study Centre for the Judiciary (SSR) is working on a new initial judicial training programmein the Netherlands on behalf of The Council for the Judi- ciary. The first trainee judges are expected to start the revamped programmein the autumn of2013. SSR: Excellent training for a just society

  18. Step 3: Investigatethefeasibility of modular training Flexibilitypossible Continuous educational curriculum A general module makes it possible to work as a group and pay attention to the new competencies (2 themes)

  19. Step 4. Drawingthe design Fitting in theJudiciarydailypractice Focussing on the 5 themes of the profile Reflectingtheeducationalphilosophie Modular Meeting theassignment criteria andobjectives

  20. Initial training program forjudges (2014)

  21. Self-evaluation Assessment interview Every threemonths Assessment & certificate Assessment interview Every threemonths Assessment interview Every threemonths Assessment & certificate Preliminary phase 3 months Min. 6 months Max. 2 years Min. 6 months Max. 2 years Mainphase Min. 1 year Max. 3 years 9 months

  22. Intake Procedure

  23. Lessonslearned Professional projectmanagement Diversity in the projectteam Input of external expertise andinternationalinspiration (EJTN) Neccesity of cooperation with stakeholders throughoutthewholeJudiciary A mandator who monitors theimplementation of theoriginal design Externalvisitationafterimplementation

  24. Weaknessesandstrengths of the training programme Weaknesses Complex planning system No participation of trainees directlyfromthe University (losinguniquetalents) Strengths A low failure rate Tailor made Uniform and independent assesment Diversity (sharingknowledgeandlegalexperience) Flexibility Internships

  25. 3 most importants ingredientsfor succes Clearvision of theorganisation (f.e. thejudge as generalist or a specialist?) Profilesforjudgeswhorespondtheexpectations of society An inspiringeducationalphilosophy

  26. Questions?

  27. In case of questions I can show one of the below sheets!

  28. Summary initial training programme Selfdirectedlearning Modular structure Training on the job (70%) Tailor made curriculum (learningactivities, internships) Length: min. oneyearand max. fouryears, one-threeworking environments

  29. Assesment National assessment committee (uniformity) Digital portfolio (responsibility trainee judge) Transparency Quality (i.a. validity and reliability) Optimizing quality/preventing biases • Group processes/Group think • Judgement and decision-making • Evidence based (feedback)

  30. D Theme: Magistracy/Professionalisation/Policy

  31. Learning activitieswithspecific focus on magistracy/integrity Introduction week Where do I stand as a judge? The independent judgefromaninternationalperspective Structure of organisationandfinancing of theJudiciary View from society on theJudiciary Professional ethics

  32. Integrity in otherlearningactivities Intervision Training in chambering Training in court sessions Training in cooperation and feedback Andduringevaluationwith practical trainer andcore trainer

  33. Training on professional ethics Trainers: academic researcher andjudge Location: outsideworking environment andisolatedfromothergroups Participants: trainee judgesandexperiencedjudges, max. 12 Timing: last half year of theprogramme Safe learning environment

  34. Analysinganethical dilemma Concrete, actualsituation Legal question v. ethical question Interests: Institutionalvaluesandinterests, valuesandinterests of allparties Rules: Codes of conduct, traditionsand/or unwrittenrules Description of most radicalpositions Individual views of participants

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