European CommissionConference on

Stimulating European Judicial training

Fátima Adélia MartinsSecretary to the European Judicial Network (EJN) in Criminal Matters

Brussels, April 10, 2013

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QUESTIONS from European Commissionto EJN Contact Points (CPs):

1. Is it useful that EJN CP’s exchange ideas with the training providers on the training needs?

2. How to do it in practice? (Why, how, who?)

3. EJN CPs involvement in the assessment of the training needs on national & EU level?

Methodology: 2 perspectives covered :current situation & ideas for future

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2 words about EJN.. For you to see our legitimacy when talking about judicial training..

Joint Action 98/428 JHA of 29 June 1998

(EU structure, the first EU network)

Council Decision 2008/976/JHA of 16 December 2008 on the EJN

(10 years later)

Based on two main principles:Mutual Trust

Best Practices through EJN meetings

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EJN CPs as trainersalready in the Joint Action

“The CPs shall provide the legal and practical information necessary

to the local judicial authorities in their own country

to the CPs in the other countries

to the local judicial authorities in the other countries

to enable them to prepare an effective request for judicial cooperation or to improve judicial cooperation in general”

Article 4 (2) of the Joint Action defined as one of the functions of the CPs:

Thus, EJN has been dealing with judicial training for a long time, incl. through the EJN website about tools on judicial cooperation

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Who is part of the EJN?

CONTACT POINTS:

• Judges• Prosecutors • Ministry of Justice

• The Commission; and • the Secretariat

375 contact points!

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EJN 15 years of existence:What is still unique in EJN?

Human factor – mutual trust Truly decentralized “structure” – present everywhere

in the EU, candidate & partner countries, in the most remote courts of EU territory (with subnetworks!)

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1. Role of the EJN in assessing training needs?

The answers of the EJN CPs show that :

YES, it is useful that EJN CPs exchange ideas on training needs with the trainings providers!

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2. How to do it in practice: why, how, who? WHY EJN?

EJN reaches the widest platform of criminal law practitioners within the EU (judges, prosecutors, ministries of justice & is completely decentralized )

EJN CPs are in close contact with the practitioners in their MSs (they are part of them!)

EJN meetings provide fora for discussions (incl. in training matters)

EJN has proven to be efficient in its work

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HOW can EJN do it ? BY DEFINING NEEDS: Through targeted questionnaires, by

simply asking the CPs what the needs of practitioners are!

The EJN contact points are practitioners and work together with other practitioners on a daily basis. They are therefore in a position to know the needs of their colleagues for training.

EJN meetings, as fora for discussions in assessing training needs but also to disseminate information about trainings.

EJN Regional meetings, more specific training needs are defined according with the geographic factor.

BY EVALUATING: set up a communication mechanism with training institutions. Evaluate EJN CP’s experience concerning the needs of practitioners for training)

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WHO within the EJN? EJN CP’s themselves: Acting as trainers in operational

trainings on national/ transnational/ European level because of their operational knowledge (Article 4(2) of the Joint Action)

EJN CP’s collaborating with other structures: CP’s are requested also to act as trainers for EJTN, ERA, etc. Thus, EJN CPs suggest that EJN itself should be consulted when drafting training programmes & selecting participants.

EJN Secretariat: A. Analyzing questionnaires & feedback from the CP’s. B. Being regularly involved in ERA seminars. Thus, acting as a bridge between the practitioners and judicial training providers.

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3. Specific role of the EJN in assessing training needs: A. CURRENT SITUATION

Are EJN CPs involved in assessing the training needs? YES ! EJN CPs are already cooperating with judicial training providers

(both on national and EU level)

EJN CPs give unique input by creating the mutual trust when sharing their experience in international judicial cooperation because they are at the same time from the local authorities

Directly without judicial schools & without training providers

On their own initiative (incl. language training, legal terminology)

Because of their unique position! Placed there where the needs are! 11

3. Specific role of the EJN in assessing training needs: B. ROOM FOR IMPROVEMENT?

Replies from EJN CPs show there is room for improvement, such as:

1. Practitioners have no coherent overview of judicial training because training within the EU is not coordinated between the different bodies/units that provide training.

Not too many players involved but lack of a comprehensive approach.

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2. Involvement of EJN CPs in a systematic manner as trainers

3. Financial issues – CPs draw the attention to the European Commission that more national trainings are needed in the field (directly for judges & prosecutores who are responsible for the implementation of the EU legal instruments through their daily decisions)

4. Better cooperation between EJN, EJTN, ERA etc on national level (ie units for international judicial cooperation and for judicial training on national level do not communicate with each other even when placed under the same department

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Examples of the training needs: A. FIELD OF TRAINING

Most important need: New EU legislation (in particular MRI). EU law will come into force only if brought to the field and when the judges & prosecutors take it as their law instead of being „feared“ of it.

Training can make the difference whether the EU law is actually implented or not! So simple as that! Case law of European Court of Human Rights European Court of Justice, having in mind that after December 1, 2014. ECJ

will have power as regards Area of Freedom, Security and Justice

Regarding practical follow up of EU initiatives: using handbooks and & &focusing best practises &“how to do”

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Examples of the training needs: B. PRACTICAL APPROACH

For instance:Setting up trainings directly Interactive workshops Use of e-learning More straightforward financing Less bureaucratic exchange programs

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SOME CONCLUSIONS.. CPs are currently involved as trainers spontaneously & on ad hoc basis

There is a need to build a systematic way of cooperation between CPs & training providers

Thus what is needed is: a structured & comprehensive approach financial support of the European Commission for the training, in

particular for smaller local authorities in MSs trainings directed to specific target groups: different legal

practitioners have different training needs (judges, lawyers etc..) in a specific geographical area (regional approach). EJN Regional Meetings have shown i.e. the need need to reinforce training in a specific geographical area.

EJN is willing to participate in an active way in this process.16

Ms Fátima Adélia Martins

European Judicial NetworkMaanweg 1742516 AB The HagueThe NetherlandsPhone: +31 (0) 70 412 5577Fax: +31 (0) 70 412 5570E-mail: fmartins@eurojust.europa.eu http://www.ejn-crimjust.europa.eu

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