LISBON, 18TH MARCH 2011

Transcription

1 The recruitment and training of judges and public prosecutors in Poland, the similarities between the Polish and the Portuguese system, how the Polish school may have been influenced by CEJ experience LISBON, 18TH MARCH 2011 National School of Judiciary and Public Prosecution The Polish National School of Judiciary and Public Prosecution was registered as a legal entity on the basis of the Act of 23 January The School commenced its operations on 4 March The National School of Judiciary and Public Prosecution is a legal successor of the National Training Centre for the Officials of the Common Courts of Law and the Public Prosecutor s Office, commenced its operations on 1 September

2 In the course of the reform of the initial training system and the restructuration of training institutional the Portuguese experience has been examined. 22 Feb 2008 meeting of ministers of justice of Portugal and Poland, initiation of cooperation march 2008 official visit of Minister of Justice of Poland and Director of Polish training Institution to CEJ PORTUGAL POLAND Legal position Legal person Legal person Relation with Ministry of Justice Scope of tasks Under responsibility of Ministry of Justice initial/on-going training judges and prosecutors Under supervision of Minister of Justice initial/on-going training judges and prosecutors Initial training months theoretical and practical phase /30 months theoretical and practical phase On going training Yes yearly plans Yes yerly harmonorams 2

3 Education and training can be used as instruments to support or hinder the independence of the judiciary what is that you want to reach how are you going to realise your goal who is going to realise that goal 3

4 what The main values of the judiciary in a constitutional state are Independence Impartiality Integrity Other values that the training and education should promote are expertise correct treatment of the parties involved unity in justice Training and education (institutions) should provide the trainees a rolemodel of these values 4

5 how The main operations outlined in the School charter are: providing general legal practical training, judge s training and prosecutor s training, professional development courses for the common courts of law officials and the public prosecutors, research and analysis of competence and qualifications of courts' and prosecutors' offices. Initial training Centre of Initial Training, Cracow The trainees attend seminars in the Centre of Initial Training of the National School in Krakow and practical training in courts, prosecutor s offices and other institutions related to justice. 5

6 Initial training The Minister of Justice shall announce a call to the general, judge s and prosecutor s initial training and set the limit of admissions for the training which finally depends on current personnel needs of common courts and prosecutors offices. General initial training shall last 12 months General initial trainees shall complete the initial training by way of classes, lectures and apprenticeship schemes in accordance with the curriculum primarily outlined by the Director of the National School. The training schedule is finally adopted by the Executive Board. After the each training set drafted in the training schedule, a trainee shall complete the required apprenticeship courses in the common courts, prosecutor s offices and other institutions associated with the functioning of the judiciary. 6

7 Judge s initial training shall last 54 months. Within the framework of the judge s initial training, trainees attend a 30-month-long course at the National School and an apprenticeship schemes in accordance with the curriculum as well as serve 24-month-long on the positions of assistant judge and a court referendary. During the internship a trainee judge shall be employed on the position of assistant judge under a contract of employment for a specified period time and subsequently on the position of court referendary for unspecified period of time. Trainee judges shall take judge s examination in the thirtieth month of training. In order to be entitled to take the judge s examination, the trainee must gain positive notes on all tests and apprenticeship schemes attended as part of the training Prosecutor s initial training shall last 30 months. During the course of prosecutor s initial training the trainees shall attend classes at the National School of Judiciary and Public Prosecution and an apprenticeship schemes in accordance with the prosecutor s initial training curriculum. Trainee prosecutor shall take prosecutor s examination in the last month of training. The examination shall be conducted by the examination board primarily appointed by the General Prosecutor. 7

8 On-going training Centre of Ongoing Training and International Cooperation, Lublin Professional development courses for the common courts of law officials and the public prosecutors are mainly performed by means of the seminars, conferences, symposiums, workshops and other cyclical forms of professional development, planned in accordance with the annual schedules prepared on the basis of the analysis of training needs reported by courts and public prosecutor s offices. On-going training persons trained during different continuous legal training courses organized by the National School of Judiciary and Public Prosecution in employees of the common courts of law and prosecutor's office who are trained in the course of Professional development of the staff of administration of justice project 8

9 International cooperation International cooperation of the National School involves coordination of measures related to the membership in the European Judicial Training Network (EJTN) and in the Lisbon Network. The National School cooperates also with the European Academy of Law (ERA), European Institute of Public Administration (EIPA), International Organization for Judicial Training (IOJT), European Patent Office (EPO). The National School of Judiciary and Public Prosecution provides the participation of Polish judges, prosecutors and other officials of the Polish justice in international seminars and conferences, training and exchange programmes, as well as prepares and organizes international seminars and conferences in Poland. who Director s Office Cracow Centre of Initial Training Cracow National School of Judiciary and Public Prosecution Financial Departament Cracow Centre of Ongoing Training and International Cooperation Lublin Organisational department Cracow 9

10 on secondment 17 judges 9 prosecutors staff 163 people budget Financial resources for the functioning of the National School and the implementation of its statutory tasks are granted from the budget of the State with the supervision of the Minister of Justice. Besides, the National School shall achieve its own income and grants European Union funds as well. 35 m PLN (8,75 m euro) 15,2 m PLN (3,8 m euro) initial training 9,2 m PLN (2,3 m euro) on-going training 10

11 National School of Judiciary and Public Prosecution Muito obrigado pela sua atenção Fico feliz em responder suas perguntas 11