The CJC specific training methodology is based on the premise that judicial training is a continuous process which should be the result of mutual exchange and learning between academics and legal practitioners, and between legal practitioners from different jurisdictions, Member States, and legal traditions. Our methodology includes a toolkit that offers not only basic, detailed information but also stimulates the active engagement of legal practitioners with the practical problems concerning the scope and application of fundamental rights.
The objectives of the CJC training methodology are the following:
– Creation of a common legal culture
– Enhancement of mutual trust and exchange
– Dissemination of judicial interaction techniques.
Therefore, the training tools elaborated by the CJC are not the result of an academic exercise; rather, they are based on direct and continuous collaboration with the legal practitioners, selecting and testing the most relevant issues, and consequently national and European cases, that are then included in the training tools made available to the public.
Given that there is an increasing body of rules that are not only based, but also influenced and affected by EU law in many fields, legal practitioners may have difficulties in understanding the boundary between purely national and “unionised” legal rules, which have to be benchmarked against a different set of fundamental principles.
In this sense, the CJC toolkit provides for a full-fledged training where the EU’s most recent legislative and judicial intervention are analysed from both the European and national perspectives.
Online Training Courses
Crash Course on the Application of the EU Charter of Fundamental Rights
e-NACT 0 is an introductory additional course allowing all the learners to test and update their knowledge on the general principles connected with triggering the application of the EU Charter of Fundamental Rights in national contexts.
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Freedom of Expression
This course offers an overview of the main challenges in the protection of what can be considered a cornerstone of European democracies: freedom of expression. Taking the protection afforded by the Charter of Fundamental Rights of the European Union and the European Convention of Human Rights, the course will guide you through different facets of freedom of expression, showing you how far each citizen may exercise his right but also when the State may legitimately limit the possibility to speak out.
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Children’s Rights in the EU Charter
The course takes learners across the general presentation of the varieties of contexts where children’s rights emerge. In doing so, it builds on the guiding principle of the best interest of the child both in the EU and international context.
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Fundamental Social Rights in the European Union
This course offers an overview of the main challenges in the protection of social rights, easily one of the most sensitive topics in EU politics. Contrary to other legal systems solely dedicated to the protection of social rights (such as the International Labour Organisation or the European Social Charter of the Council of Europe), the EU has a broader political and economic agenda.
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The European Charter of Fundamental Rights and Data Protection in the European legal framework
This course will provide an overview of one of the crucial areas of law, namely the right to the protection of personal data and the right to privacy, provided by Articles 8 and 7 of the EU Charter.
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Asylum and Immigration Detention: the Protection of Fundamental Rights in the European Union
The course is aimed at providing the audience with knowledge and skills on a very sensitive topic, especially since many migrants moving from third countries to Member States are in vulnerable conditions.
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Residential Training Courses
organised by ELTE – in Budapest + online
Overview
The preliminary reference procedure is the primary tool for vertical judicial interaction within the EU, aiming to ensure the uniform interpretation and application of EU law and to provide effective judicial protection for individuals. When national judges deal with human rights cases, they have to look at various sources of law: national, European and international law. This task is particularly challenging for judges considering the high level of abstraction human rights are formulated, the debates around the applicability and hierarchy of these different sources, and regarding the similarities and dissimilarities in the normative concepts and standards of human rights protection put in place in national and European jurisdictions. This workshop aims to provide guidance to judges on how to use the preliminary reference procedure to ensure a high level of human rights protection, in particular, to enforce the EU Charter and the common values of the EU enshrined in Article 2 TEU with the help of judicial dialogue between domestic and EU courts. Also, the workshop seeks to reveal the dynamics of the CJEU’s jurisprudence in preliminary ruling cases, especially regarding the developments in the admissibility criteria, to equip judges with the skill of drafting a successful request for a preliminary ruling. It also addresses how courts and legal practitioners can work together under Article 267 TFEU procedure to defend human rights effectively.Programme
17 October 2024 Keynote speeches I.The role and function of the preliminary reference procedure II. National judges and human rights protection in the context of the preliminary reference procedure Roundtable discussion with judges from different jurisdictions: The challenges of the preliminary ruling procedure from national perspectives Presentation of TRIIAL 2 Toolkit on Fundamental Rights and the Use of the Preliminary Reference Procedure Hypothetical case I: Discussion in parallel working group sessions Roundtable of legal practitioners: Preliminary reference as a tool for fundamental rights litigation 18 October 2024 How to refer questions to the CJEU? I. Questions of jurisdiction and admissibility under Article 267 TFEU in the CJEU jurisprudence II. Drafting a successful preliminary reference: practical guidance for judges Hypothetical case II: Discussion in parallel working group sessions Plenary discussion on the results and conclusion Framework: This workshop is offered within the European Commission’s funded project TRIIAL 2 – TRust, Independence, Impartiality and Accountability of Legal professionals under the EU Charter (project no. 101089737, JUST-JTRA-EJTR-AG-2020). The TRIIAL 2 Project provides training activities and tools for judges, attorneys, and prosecutors on the European rule of law, mutual trust, judicial independence, impartiality and accountability (see the dedicated website here and here).Target group
Public prosecutors, attorneys and judges from European Union (EU) countries. The training will be in English and opened to those with both basic and experienced knowledge of EU law and ECHR. The Workshop will host 40 participants, of which 15 will be in person and 25 online. Participation is free of charge. For the 15 in-person participants, the travel, accommodation and meals at the venue are covered by the organizer. Participants will be provided with certificates of participation.Application
The deadline for the submission of applications is 20 August 2024. Submit your application, including the documents mentioned below, to brezovszki.anna@ajk.elte.hu. You should mention in the title of your email whether you want to participate in-person or online. Italian judges are invited to submit their applications to: internazionale@scuolamagistratura.it. For questions, please contact Gianandrea Chesi at: gianandrea.chesi@scuolamagistratura.it Romanian attorneys are invited to submit their applications to: veronica.morecut@unbr.ro. The following documents shall be attached to the application:- CV in English (including a section on proof of knowledge of English)
- A short motivation letter (max 2 pages) outlining the candidate’s specific reasons for applying to a Workshop on Fundamental rights and the use of the preliminary procedure (please describe how your professional activity correlates to the workshop’s field of interest and how you could both benefit from and contribute to the Workshop in this field)
Selection Procedure
The assessment of applications will be based on the following criteria:- Gender and age balanced;
- Geographically balanced;
- Balance in the judicial hierarchy: both higher and lower instance courts shall be represented among selected participants;
- Trainers will have priority in selection (please refer to relevant training responsibilities in your CV);
- Knowledge of and experience with fundamental rights and rule of law issues;
- Good knowledge of English;
- Single participation within the same Training Project (TRIIAL 2): in principle, no participant can take part in more than one Workshop among those offered within the TRIIAL 2 Project.
Outcome of the Workshop
- You will receive a certificate of participation;
- You will be able to understand and explain the main legal issues relating to the European rule of law (the training’s “core”);
- to acquire the knowledge and the ability to refer questions to the CJEU for a preliminary ruling
- to become familiar with the CJEU standards concerning the admissibility of preliminary references
- to understand the different legal pathways in Europe to protect human rights
- to determine whether the Charter of Fundamental Rights of the EU is applicable in a certain case or not;
- to become part of a network of legal practitioners, activists, and scholars dealing with similar issues that could provide support for future questions.