Events


May
6
Thu
2021
Transnational training workshop on: judicial appointments and judicial self-government @ ONLINE
May 6 @ 1:00 pm – May 7 @ 5:30 pm

THE EUROPEAN UNION’S STANDARD ON JUDICIAL INDEPENDENCE: SYSTEM OF JUDICIAL APPOINTMENTS, COUNCILS OF THE JUDICIARY AND JUDICIAL ASSOCIATIONS

This transnational training workshop will discuss the topic of judicial appointments in Europe in light of the most recent caselaw developed by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and how these recent jurisprudential developments can be applied at the national level. In particular, the following issues will be addressed: institutional aspects in the system of appointment for judges (e.g. the role of the Judicial Councils, court presidents, Ministries of Justice, judges’ associations); re- assignment of judges to other cases/courts; re-shaping adjudicating panels; direct and indirect influence of the executive in the process of appointing judges, and more generally in the organisation of the justice system.

Various aspects of judicial appointments are coming up before the CJEU and ECtHR, as highlighted in the following cases: concerning judicial reform in Poland C-619/18, Commission v. Poland; C- 192/18 ; C‐811/19, C‐840/19; C‐357/19, C‐547/19 and before the ECtHR concerning the appointment to the High Court of Appeals Guðmundur Andri Ástráðsson v. Iceland App no 26374/18, on judicial removals in Baka v Hungary App No 20261/12 or assessment of judicial performance Guz v Poland App No 965/12. Judicial standards are developed as a part of the European principle of judicial independence under Articles: 2, 7, 19 (1) TEU; Arts. 258 and 267 TFEU; 47 EU Charter; 6 and 13 ECHR. And more issues have been raised by the 2020 Rule of Law Report of the European Commission. Notably, almost all EU Member States have either adopted or negotiated some form of the reform of the justice system (See: Figure 1 of 2020 Justice Scoreboard). Many of the reported reforms gave rise to doubts as to their compliance with EU law, in particular, with the standard of external independence of the judges: the system of judicial appointments and guarantees of irremovability from the office. These developments indicate the need for an updated discussion of the implementation of the CJEU and ECtHR standards on rule of law, independence and accountability in relation to judicial appointments.

Given the European Union and Member States’ linked and interactive legal systems, it is up to national judges to evaluate these reforms both within the remit of their own legal systems and, in enforcement of mutual recognition claims, vis-à-vis justice systems of other Member States of the European Union. We thus invite domestic and Euopean judges to a discussion focused on the standards of judicial independence as it manifests itself in the determination of the system of judicial appointments.

The Transnational Training Workshop aims to support judges, prosecutors and lawyers in developing cooperation amongst them by providing knowledge on the substantive and procedural tools on magistrates’ independence as offered by the overlapping EU and Council of Europe based standards. The training will highlight the different techniques of judicial interaction which would be able to protect judicial bodies from external and internal pressures and foster the European Union’s rule of law.

The training is offered within the European Commission’s funded project TRIIAL – TRust, Independence, Impartiality and Accountability of judges and arbitrators safeguarding the rule of Law under the EU Charter (Horizon 2020, project no. 853832, JUST-JTRA-EJTR-AG- 2018). The TRIIAL Project provides training activities and tools for judges, lawyers, prosecutors, and arbitrators on the European rule of law, mutual trust, judicial independence, impartiality and accountability (see the dedicated website here).

Download the programme

APPLICATION

Who should apply:

Judges and lawyers of all EU Member States, but also representatives of other legal professions are invited to apply and participate in open access sessions.

From all participants up to 30 will be admitted to closed sessions. Preference will be given to those who also fulfill the role of trainers at national training institutions for judges and attorneys and those who represent TRIIAL consortium Member States.

The participation is free of charge. Participants will be provided with certificates of participation.

Application requirements:

1. A full CV in English;

2. A brief statement of motivation in English explaining the candidate’s reasons of applying, how he or she would benefit from and contribute to the project.

Selection process:

Applicants are invited to submit their applications in accordance with the requirements as specified below:

Judges from Belgium and Italy and lawyers from Romania are kindly asked to send their applications, by the same deadline, to their reference institutions.

For Belgium, judges are invited to submit their applications: Umit.Oral@igo-ifj.be. The title of your email should be ‘Application to the EUI transnational training workshop’.

For Italy, judges are invited to submit their applications to: internazionale@scuolamagistratura.it. For questions, the contact person is: Gianluca Grasso) at: gianluca.grasso@giustizia.it.

For Romania, attorneys are invited to submit their applications to: veronica.morecut@unbr.ro. For questions, please contact Prof. Raluca Bercea at: raluca.bercea@e-uvt.ro.

All the remaining applicants are invited to submit their applications by 25 April 2021 to k.kaczmarek@maastrichtuniversity.nl.

All applicants will be informed about the results of the selection process by 27 April 2021.

Contact person for general information

For any information on the workshop, or doubts concerning the call for application, please address the person in charge for the TRIIAL Project at the University of Maastricht: Dr. Karolina Podstawa at Karolina.podstawa@maastrichtuniversity.nl.

MORE INFORMATION ABOUT THE TRAINING

Learning Outcomes: What you can expect after the completion of the training:

At the end of the training:

  1. You will be able to understand the jurisdictional issues concerning the standard of judicial independence in the European Union and ECHR context.
  2. You will be able to understand specific demands for the systems of judicial appointments in European context.
  3. You will gain the overview of the systems of judicial appointments across the European Union continent.
  4. You will be able to apply the standard in the context of evaluation of your own jurisdiction.
  5. You will be able to build a compelling narrative concerning the position of national judges in the broader context of European Union law, in particular as judges serving on ‘courts or tribunals’ within the meaning of Art. 267 TFEU.
  6. You will be able to apply the standard in the evaluation of a standard of judicial independence as a part of the rule of law architecture of another Member State and its presence/absence in specific facts of the case.
  7. You will be able to build argumentation using the standard and apply it to legal issues arising in your practice.
  8. You will be able to engage critically with the argumentation of other European and national courts.
  9. You will be able to develop and use a common training methodology, by sharing perceptions of challenges related to independence, impartiality and accountability as well existing best practices across Member States.
  10. You will become a part of the network of legal professionals and scholars interested in the development of the European Union wide rule of law.

Methodology:

During the online training you will learn through: short lectures, discussion sessions (including brainstorming, guided debates and small group works) and problem-solving sessions (case studies and hypotheticals).
In advance of the training you will receive preparatory training materials via a TRIIAL e- learning platform. The online materials include a background module on the European rule of law and the mechanisms for its enforcement, a dedicated module on judicial appointments featuring also guided discussions of the case law, both on national and European level, that feature in CJC database, summarised in English (see CJC database).

MORE INFORMATION ABOUT THE SELECTION

Selection Criteria:

In case of multiple applications, the participants invited to full sessions will be selected on the basis of the criteria below.

Thus, candidates are expected to have:

  1. An excellent knowledge of English language.
  2. A general knowledge of and experience in the topic of the workshop.

The selection will take into consideration the following criteria:

  1. Single participation principle: no participant can take part in more than one TRIIALTransnational Training Workshop. Exceptions can be made in duly justified cases.
  2. Inter-disciplinary representativity: the selection will ensure, as much as possible, equal representation of legal practitioners working on civil, criminal and administrative cases.
  3. Previous experience with legal training or teaching.
  4. Gender balance.
  5. Age balance.
  6. Geographical representation: Geographical distribution shall be taken into account, with the aim of selecting participants who work in different areas and regions within the participating countries.

The selection process aims to identify participants who will effectively and substantially contribute to dissemination of project results.
Participants are asked to devote the necessary time to this project. If selected, participants must commit to all sessions of the workshop for which they have been selected. They are also asked to prepare for the Workshops by reading the relevant materials in advance. Applicants are not required to have participated in training programmes similar to TRIIAL Transnational Trainings before, nor will recent participation in similar training programmes necessarily prevent them from being accepted.

May
10
Mon
2021
Online Transnational Training Workshop “Arbitration and the European Rule of Law” – Call for Participants @ ONLINE
May 10 @ 12:00 pm – May 11 @ 5:30 pm

Date: 10/11 May, 2021 (two online workshops of half day each)
Time: 12.00 – 17.30, Amsterdam time
Host: The Hague University of Applied Sciences, The Centre of Expertise Global Governance
Training coordinator: Dr. Barbara Warwas

Note: Participation is free of charge, but subject to the selection process described below. Each workshop will be on the same topics and each participant will be allocated to one workshop only, based on the selection criteria below. However, if you have a preference for a specific day, please mention this in your application.

Background
Pursuant to Article 2 of the Treaty on the European Union (EU), the rule of law is one of the fundamental values upon which the Union is built. Strong national justice systems ensure the rule of law in the EU through the maintenance of such principles as independence, impartiality, and efficiency. Although arbitrators are not formally part of national justice systems, they increasingly deal with questions of EU fundamental rights and the European rule of law standards, at least in arbitrations that are seated in the EU and/or in which EU law is applied. This is even more the case in the context of the Investment Court System developed for investment-related disputes in the EU.

This training is offered within the framework of the TRIIAL project that provides training activities and tools for judges, lawyers, prosecutors, and arbitrators on the European rule of law. The TRIIAL project is funded by the European Commission (Horizon 2020, project no. 853832, JUST-JTRA-EJTR-AG-2018). For more information about the project, see here.

The purpose of this training is to brainstorm the salient theoretical and practical issues emerging in the field of the European rule of law and arbitration at national and supranational levels. Those issues include:

● Arbitration and the right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR).
● The standard of independence and impartiality of arbitrators under international and EU law frameworks.
● The accountability of arbitrators and arbitral institutions within the EU.

Arbitration is understood broadly and concerns commercial arbitration, investor-State arbitration, and sports arbitration.

Preliminary agenda
Each online workshop will start at 12.00 and end at 17.30.

Each workshop will be divided in two parts. The first part will consist of short presentations by practitioners and academics followed by a discussion of best practices and a Q&A session. The speakers and participants will address the following questions (among the others): What is the role of arbitrators in safeguarding the European rule of law? Is there a common standard of independence and impartiality for arbitrators and judges under EU law? What are the standards of accountability of arbitrators in the EU?

The second part will be focused solely on interactive group exercises such as discussions of hypothetical cases and role- plays. This part will be conducted in break-out rooms and will be facilitated by the trainers from the TRIIAL project team.

Download the programme

Methodology
You will learn through:
● a half-day long online workshop including group exercises, and
● preparation materials (including e-learning module provided one month prior to the training containing a database with relevant case law).

Who should attend
International arbitrators (or judges acting as international arbitrators), lawyers, in-house counsel of corporations involved in arbitration proceedings seated in the EU and/or in which EU law is applied.

There will be 40 participants in total (20 participants per each workshop). The participation is free of charge. Participants will be provided with certificates of participation.

What you can expect after the completion of the training

  1. You will be able to understand and explain the main legal issues relating to the European rule of law (the training’s“core”).
  2. You will be able to understand and explain the main legal issues relating to the right to a fair trial and arbitration under Article 6 of the ECHR (i.e., compatibility of arbitration with the ECHR, the meaning of the “tribunal established by law” and arbitration, the right to a public hearing and arbitration).
  3. You will be able to distinguish between the guarantees to be offered under Article 6 of the ECHR in mandatory and voluntary arbitrations.
  4. You will be able to use the knowledge on the guarantees to be offered by mandatory arbitration tribunals under Article 6 ECHR in your legal practice. That means that you will be able to advise your clients on those guarantees (as counsel) or you will be able to observe those guarantees (as arbitrator).
  5. You will be able to understand and explain the legal framework and judicial approaches to the civil liability of arbitrators and arbitral institutions in selected Member States.
  6. You will be able to evaluate what situations may result in civil liability of arbitrators in selected Member States and advise your clients accordingly.
  7. You will be able to understand and explain the main legal issues arising in connection to the independence and impartiality of arbitrators under EU law.
  8. You will acquire the ability to relate the knowledge acquired to the cases you are dealing with in your legal practice.
  9. You will enhance your ability to evaluate potential conflicts of interest and problems of impartiality (or the lack thereof) in your legal practice.
  10. You will be able to create and design new arguments in order to convincingly plead your case where independence and impartiality issues arise.
  11. You will become part of a network of legal practitioners and scholars interested in the interplay between European rule of law and arbitration, which could provide support for future questions.

Application materials and the selection process
Applicants are invited to submit the following documents by 5 April 2021 to triial@hhs.nl

1. A full CV in English;
2. A brief (one-page) motivation letter in English explaining the candidate’s reasons of applying, how he or she would benefit from and contribute to the project. This letter should not merely restate the candidate’s CV.

The allocation of participants for two workshops will be based on the selection criteria below. However, if you have a preference for a specific day, please mention this in your application.
Applicants will be notified about the result of the selection process by 9 April 2021.
The selection process aims to identify participants who will effectively and substantially contribute to dissemination of project results.

Thus, candidates are expected to have:
1. Excellent communications skills in English.
2. A general knowledge of and the professional experience in the topic of the workshop.
3. Previous experience with legal training or teaching.

The selection will ensure the following criteria:

  1. Single participation principle: no participant can take part in more than one workshop within the project. Exceptions are at the discretion of project leaders.
  2. Gender balance.
  3. Age balance.
  4. Geographical representation: geographical distribution shall be taken into account, with the aim of selecting participants who work in different regions within the participating countries.
  5. Inter-disciplinary representativity: the selection will ensure, as much as possible, equal representation of different legal professions (for example, arbitrators and legal counsel).

Participants are asked to devote the necessary time to this training workshop. If selected, participants must commit to all sessions of the workshop for which they have been selected. They are also asked to prepare for the workshop by reading the relevant materials that will be sent one month in advance. Participants should also commit to the active participation in the follow-up activities (if any).

Applicants are not required to have participated in similar training programmes before, nor will recent participation in similar training programmes necessarily prevent them from being selected.

Contact person
For more information about the training, feel free to contact Dr. Barbara Warwas at b.a.warwas@hhs.nl.

Jun
17
Thu
2021
Call for participants and agenda – Accountability and Freedom of Expression of Magistrates and Attorneys in Europe @ ONLINE
Jun 17 @ 1:45 pm – Jun 18 @ 5:30 pm

What is the transnational training about?

This Transnational Training Workshop will discuss why accountability is important for ensuring the rule of law and how it can be ensured while preserving the freedom of expression of magistrates, as well as their independence and impartiality. Justice reforms in several Member States have also impacted on the system of disciplinary, civil and criminal liability of magistrates, raising issues of disguised external political pressures on the magistrates. While disciplinary actions should serve to strengthen the rule of law, they can also be used
to break it. The Court of Justice of the European Union and the European Court of Human Rights have increasingly dealt with questions regarding the compatibility of domestic accountability systems with provisions in the EU Treaties, EU Charter of Fundamental Rights and the European Convention of Human Rights (e.g. C-564/19, C-585/18, C-624/18, and C-625/18, C‐83/19, C‐127/19 and C‐195/19, C‐355/19; Baka v Hungary, L.P and Carvalho v Portugal), and several other cases are pending before these Courts on the compatibility of magistrates’ accountability mechanisms with European principles of judicial independence. This workshop looks at the most recent European standards on de iure and de facto accountability of legal professions (in particular, judges, prosecutors and attorneys), and freedom of expression as resulting from: the case law of the European Court of Justice of the EU and the European Court of Human Rights; European primary and secondary law; and Council of Europe instruments.

The following issues will be addressed during the training, in light of the most recent practice from the EU Member States: evaluation, promotion, and removal of magistrates; disciplinary, civil and criminal actions against judges and prosecutors; freedom of expression of magistrates, including the freedom of judges of interacting with the Court of Justice of the EU under Article 267 TFEU, and freely expressing their views on the CJEU preliminary rulings; challenges faced by domestic courts, prosecutors and attorneys in ensuring the respect of CJEU standards on disciplinary, civil and criminal sanctions against magistrates; standards necessary to ensure that accountability mechanisms fulfill both responsibility and public trust, without endangering independence and impartiality.

TRIIAL project is co-funded by the European Commission Directorate General for Justice and Consumers, Grant Agreement No. 853832.

The Transnational Training Workshop aims to support judges, attorneys and prosecutors to foster cooperation by providing knowledge on the substantive and procedural tools on accountability, independence and impartiality as offered by the overlapping EU and Council of Europe based standards.

The training is offered within the European Commission’s funded project TRIIAL – TRust, Independence, Impartiality and Accountability of judges and arbitrators safeguarding the rule of Law under the EU Charter (Horizon 2020, project no. 853832, JUST-JTRA-EJTR-AG-2018). The TRIIAL Project provides training activities and tools for judges, lawyers, prosecutors, and arbitrators on the European rule of law, mutual trust, judicial independence, impartiality and accountability (see the dedicated website here).

Download the programme

Who should apply:

Judges; attorneys; and prosecutors; preference will be given to those who also fulfill the role of trainer at national training institutions for prosecutors, judges or attorneys.

There will be 30 participants. Participation is free of charge. Participants will receive certificates of participation.

Selection process:

Applicants are invited to submit their applications in accordance with the requirements as specified below by 29th of April 2021 to cjc@eui.eu

Judges from Belgium and Italy and lawyers from Romania are kindly asked to send their applications, by the same deadline, to their reference institutions.

For Belgium, judges are invited to submit their applications: Umit.Oral@igo-ifj.be. The title of your email should be ‘Application to the EUI transnational training workshop’.

For Italy, judges are invited to submit their applications to: internazionale@scuolamagistratura.it. For questions, the contact person is: Gianluca Grasso at: gianluca.grasso@giustizia.it.

For Romania, attorneys are invited to submit their applications to : veronica.morecut@unbr.ro. For questions, please contact Prof. Raluca Bercea at: raluca.bercea@e-uvt.ro.

Application requirements:

  1. A full CV in English;
  2. A brief motivation letter in English explaining the candidate’s reasons for applying, howthey would benefit from and contribute to the project. This letter should not merely restate the candidate’s CV.

Applicants will be notified about the result of the selection process by 10th of May 2021.

Selection Criteria:

The selection process aims to identify participants who will effectively and substantially contribute to dissemination of project results.

Thus, candidates are expected to have:

1. An excellent knowledge of the English language.
2. A general knowledge of and experience in the topic of the workshop.

The selection will take into consideration the following criteria:

  1. Single participation principle: no participant can take part in more than one Workshop. Exceptions can be made in duly justified cases.
  2. Inter-disciplinary representativity: the selection will ensure, as much as possible, equal representation of legal practitioners working on civil, criminal and administrative cases.
  3. Previous experience with legal training or teaching.
  4. Gender balance.
  5. Age balance.
  6. Geographical representation: Geographical distribution shall be taken into account, with the aim of selecting participants who work in different areas and regions within the participating countries.

Participants are asked to devote the necessary time to this project. If selected, participants must commit to all sessions of the workshop for which they have been selected. They are also asked to prepare for the Workshops by reading the relevant materials in advance.

Applicants are not required to have participated in similar training programmes before, nor will recent participation in similar training programmes necessarily prevent them from being accepted.

The selected candidates are expected to acquire awareness from the distributed materials, as well as to be ready to commit to the active participation in the workshop.

Methodology:

During the online training you will learn through: short lectures, discussion sessions (including brainstorming, guided debates and small working groups) and problem-solving sessions (case studies and hypotheticals). In advance of the training you will receive preparatory training materials. Notably, you will be provided access to the TRIIAL online training platform, which includes a background module on the European rule of law and the mechanisms for its enforcement, a dedicated module on accountability and freedom of expression of the magistrates in Europe, and a database gathering a selection of the most relevant European and national case law, summarised in English (see CJC database).

What you can expect after the completion of the training:
At the end of the training you will be issued a certificate of participation that attests your familiarity with the topics discussed during the training, such as:

  1. Disciplinary, civil and criminal liability of judges;
  2. Removability of judges and prosecutors from office;
  3. Evaluation of performance of judges and prosecutors;
  4. Conflict of interest and individual magistrates’ responsibility;
  5. Councils of the Judiciary/Courts’ Presidents and Chief Prosecutors’ Role/Spokespersons/Communication with the public;
  6. Institutional communication with other branches of power, academics and legal professionals;
  7. The use of media by magistrates;
  8. Collection and processing of personal data by the Judiciary;
  9. Judicial interaction techniques.

Furthermore, you will be able to:

  1. develop and use a common training methodology, by sharing perceptions of challenges related to independence, impartiality and accountability as well existing best practices across Member States;
  2. acquire: (i) the commonly accepted substantive components of independence, impartiality and accountability of legal professionals in general and the judicial profession in particular; (ii) the substantive and procedural safeguards available within the EU law both to judges of affected Member States as well as to judges from other Member States;
  3. use the innovative strands of the CJEU’s case law;
  4. foster and enhance informal networks of professionals sharing a common understanding of EU law and fundamental rights protection standards;
  5. gain knowledge of objective criteria aimed at assessing judicial independence, impartiality and accountability.

Contact person for general information

For additional information on the transnational training, or questions concerning the call for applications, you can contact: madalina.moraru@eui.eu