TRIIAL


The TRust, Independence, Impartiality and Accountability of judges and arbitrators safeguarding the rule of Law under the EU Charter (TRIIAL) project is a DG Justice supported project that provides training activities and tools for judges, lawyers, arbitrators and other legal professionals in areas of salient importance for the application of the EU Charter of Fundamental Rights (CFR):

Trust

Independence

Impartiality

Accountability

TRIIAL project main objective is to explain and disseminate knowledge of the EU Charter potential for ensuring and improving
standards on independence, impartiality and accountability of judges and other legal professions, ultimately benefiting the rule of law in the Member States.

It will run from 1.01.2020 until 30.06.2022, and will organise 4 transnational workshops, 7 Cross-border and 5 National training workshops.

The TRIIAL Project proposal comes at the time of constitutional turmoil in many Member States and aims at assisting in the response of the present constitutional crisis. It addresses the priority of supporting judicial trainings of justice professionals with the aim of building public trust in the profession of judges to sustain their position.

The following specific objectives are at the heart of the project:
1) raising awareness about the impact that judicial interaction techniques have in the implementation of the fundamental rights’ legal framework, particularly CFR; 
2) improving the ability of legal practitioners to promote rule of law through the application of the EU fundamental legal framework to their everyday work;
3) fostering national cross-sectoral cooperation in the implementation of EU fundamental rights legal framework in the promotion of the rule of law;
4) building trust, legitimacy, dialogue, accountability of the judiciary and arbitrators.

In the framework of selected case-law, it’s possible to access to the CJC Database, which contains cases originating from over 19 jurisdictions.

Upcoming Events

Oct
20
Wed
2021
Freedom of Expression of Legal Professionals: Facing the Rule of law Challenges in Europe @ ONLINE
Oct 20 @ 1:30 pm – Oct 21 @ 5:00 pm
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 (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. What is the Cross-Border Training Workshop about? This Cross-border training workshop will address two interconnected topics: the freedom of expression of legal professionals and the rule of law in Europe. In the last few years, several Member States have witnessed an unprecedented decline in the rule of law, one of the core EU values upon which the EU is funded according to Article 2 TEU. Polish and Hungarian judicial “reforms” led to a structural breakdown, which no longer makes it possible to talk about independence and impartiality of their judiciaries (e.g. C-791/19, § 64). While other Member States endure for the moment, it is becoming increasingly questionable, whether their institutions are robust enough to withstand the present and future attempts to undermine the independence of their justice systems. These developments have triggered a response from the CJEU and the ECtHR. Both courts have for example extensively dealt with questions regarding the compatibility of domestic accountability systems with EU law and ECHR (C-585/18, C-624/18, and C-625/18, C‐83/19, C‐127/19 and C‐195/19, C‐355/19; C-791/19, Baka v Hungary, L.P and Carvalho v Portugal, Guz v Poland, Kövesi v. Romania, Panioglu v. Romania). This workshop therefore looks at the most recent European standards on accountability of legal professions and freedom of expression, and seeks to understand their role in addressing the threats to the rule of law, emanating not only from the (populist) governments, but also from within the third branch. Traditionally, legal professionals, especially judges and prosecutors, have refrained from voicing their opinion in order to ensure their impartiality and the authority of their institutions. The duty of restraint has been regarded as a prerequisite for public confidence, necessary for successful fulfilment of the role of the judiciary in a democratic society. However, nowadays legal professionals more often than ever find themselves in a difficult position: they have a (moral) duty to speak out in the face of affronts to the rule of law, yet fulfillment of such a duty could expose them to disciplinary and other sanctions. Could the current challenges to independent judicial systems be regarded as a call for a re- examination of duty of discretion and perhaps for adjustments to the existing norm, especially as perception that legal professionals should show restraint could be abused as an excuse for disciplining the independent-minded? What are the risks of leaving more freedom (of expression) to legal professionals? What are the downsides of upholding the rule of law in concrete legal proceedings and what could be the advantages of exploring new means to defend this fundamental EU value? What about threats from within the judiciary, how to address these without harming the authority of the court? Do short-term benefits of sanctioning critics of the judiciary outweigh the potential improvement of the judicial system that their criticism might bring in the long-term? This workshop will raise these and other intriguing questions, without necessarily providing clear-cut answers. Instead, it will strive to equip the participants with legal knowledge on the scope and content of their fundamental right to free speech as well as on procedural guarantees and avenues for its protection, ultimately empowering them to better defend the rule of law in their daily work and beyond. Methodology You will learn through: – a 2-half day online workshop, including: 1. lectures and discussion sessions on wider socio-political context, affecting the judicial systems and the everyday challenges of legal professionals as well as on the most relevant European and national case law; 2. a hypothetical case session, where participants will discuss real legal issues through a case, replicating real life scenarios, in small groups; o interactive discussion roundtable. 3. preparatory materials distributed to registered participants in advance of the training. Notably, you will be provided access to the TRIIAL online training platform featuring a module, designed especially for this workshop, a background module on the European rule of law and the mechanisms for its enforcement, and a module on accountability and freedom of expression. You will also be given access to a data-base gathering a selection of the most relevant European and national case law, which is summarized and analysed in English. Who should attend? Judges, public prosecutors, lawyers and other legal practitioners. There will be at least 30 participants from any EU Member State. The participation is free of charge. Participants will be provided with certificates of participation. Language The working language will be English, with the exception of the final roundtable discussion, which will be in Slovenian, with simultaneous translation to English. What you can expect after the completion of the training? This Cross Border Workshop will strive towards enabling you:
  •   to understand and explain the main legal issues relating to the European rule of law;
  •   to acquire the knowledge and the ability to assess the European legal pathways for defending freedom of expression of legal professionals;
  •   to understand the threats to the rule of law from outside and from within the judiciary, and your role in upholding this fundamental EU value;
  •   to become familiar with the ECtHR standards concerning freedom of expression of legal professionals and with the recent CJEU case-law, providing a new avenue for protection of this right;
  •   to identify the standard of effective judicial protection under Article 19 TEU and to become familiar the with the differences in scope, purpose and threshold between Article 19 TEU, Article 267 TFEU and Article 47 CFREU;
  •   to understand the different underlying premises that govern the freedom of expression of different groups of professionals within the judicial system;
  •   to become familiar with the national case law concerning freedom of expression of legal professionals;
  •   to determine, whether the Charter of Fundamental Rights of the EU is applicable in a certain case or not;
  •   to be able to establish whether the solution of the pending case requires the involvement of the Court of Justice through the reference for preliminary ruling;
  •   to become part of a network of legal practitioners and scholars dealing with similar issues that could provide support for future questions.
Selection Process The workshop is open to 30 legal practitioners (judges, public prosecutors, lawyers, arbitrators, policy makers, public officials, representatives of ministries) from any EU country. Applicants are invited to submit their application, in accordance with the requirements as specified below, by 28 September 2021 to mohor.fajdiga@pf.uni-lj.si. Application requirements 1. A full CV in English or Slovenian; 2. A brief motivation letter in English or Slovenian 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. Applicants will be notified about the result of the selection process by 4 October 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 a general knowledge of and experience in the topic of the workshop. However, applicants are neither required to have participated in similar training programmes before, nor will recent participation in similar training programmes necessarily prevent them from being accepted. English is not a requirement, but an advantage in the selection procedure. The selection will ensure the following criteria: 1. Single participation principle: applicants that already took part to TRIIAL training activities may be selected exceptionally. Exceptions are at the discretion of the University Ljubljana, in agreement with the Project Coordinator, the Centre of Judicial Cooperation of the European University Institute; 2. Gender balance; 3. Age balance. Participants are asked to devote the necessary time to this training. If selected, participants must attend all sessions of the workshop. They are also asked to prepare for the workshop by reading the relevant materials in advance. The selected candidates are expected to be ready to commit to the active participation in the workshop. Contact person and general information For any information on the workshop or doubts concerning the call for application, please contact Mohor Fajdiga: mohor.fajdiga@pf.uni-lj.si. Download the programme


Webinar

This online debate inaugurates a series of 3 webinars organized within the framework of the project TRIIAL – TRust, Independence, Impartiality and Accountability of legal practitioners safeguarding the rule of Law under the EU Charter.
TRIIAL Webinar: Is there a common standard of independence and impartiality for judges and arbitrators under European law?
This webinar discusses recent case law from the CJEU and the ECtHR on judicial accountability and freedom of expression standards, the challenges faced by national courts on applying these standards, and whether and how judicial interactions can assist the enforcement of the rule of law in Europe.
CJC Webinar 17 and 18 June: Accountability and Freedom of Expression of Magistrates and Attorneys in Europe
Welcome Address and Introduction of the TRIIAL Workshop Gábor Halmai, Scientific Director of the TRIIAL Project, Professor of Comparative Constitutional Law | EUI
CJC Webinar 17 and 18 June: Accountability and Freedom of Expression of Magistrates and Attorneys in Europe The Heterogeneous Systems of Accountability of Magistrates in Europe: Accountability to Whom, For What and in Which Way? David Kosař, Associate Professor | Masaryk University
CJC Webinar 17 and 18 June: Accountability and Freedom of Expression of Magistrates and Attorneys in Europe Understanding Social Legitimacy of the Judicial Power in Times of Constitutional Reckoning Tomasz Koncewicz, Professor of European and Comparative Law | University of Gdansk
CJC Webinar 17 and 18 June: Accountability and Freedom of Expression of Magistrates and Attorneys in Europe Judicial Accountability and the East – West Divide Edith Zeller, President of the Association of European Administrative Judges
CJC Webinar 17 and 18 June: Accountability and Freedom of Expression of Magistrates and Attorneys in Europe Of Codes of Ethics Elaine Mak, Professor of Jurisprudence | Utrecht University
CJC Webinar 17 and 18 June: Accountability and Freedom of Expression of Magistrates and Attorneys in Europe Standards of Accountability and Independence of Magistrates and Attorneys in the Jurisprudence of the ECtHR Saša Zagorc, Professor of Constitutional Law and Human Rights | University of Ljubljana
CJC Webinar 17 and 18 June: Accountability and Freedom of Expression of Magistrates and Attorneys in Europe The Right to Freedom of Expression of Magistrates and its Challenges for Judicial Independence and Accountability Viktor Vadász Judge at Metropolitan Court Budapest and Member of the National Judicial Council



People

Halmai, Gabor

TRIIAL Project Coordinator

Tel. [+39] 055 4686 401 (Int. 3401)

Fax [+39] 055 4685 200 (Int. 2200)

Office: Villa Salviati - Manica, SAMN251

Fields of interest: Comparative constitutional law / International human rights law / Globalization of constitutionalism / Constitutional-making in democratic transitions / Comparative judicial review / Transitional constitutionalism and transitional justice / Religious rights / Freedom of expression

Administrative Assistant: Andrea Gaiba

Catanzariti, Mariavittoria

Research Associate

Tel. [+39] 055 4685 534 (Int. 2534)

Fax [+39] 055 4685 770 (Int. 2770)

Office: Villa Raimondi, VR049

Moraru, Madalina

Research Fellow

Fields of interest:

  • The law and policies of EU external relations
  • Fundamental rights
  • Judicial cooperation and treatment of asylum seekers and refugees
  • Public international and comparative law

Wielgo, Joanna

Project Manager

Tel. [+39] 055 4685 708

Fax [+39] 055 4685 770

Office: Villa Schifanoia, VS028

Partners

Advisory Board

  • David Kosar, Law Faculty, Masaryk University, Czech Republic;
  • Petros Alikakos, European Judicial Training Network;
  • Miguel Poiares Maduro, Part-time Professor at the EUI School of Transnational Governance;
  • Markus Thoma, European Association of Administrative Judges;
  • Miroslaw Wroblewski, Polish Office of the Commissioner for Human Rights (the Ombudsman)
This project was funded by the European Union’s Justice Programme (2014-2020).