European Judicial Training Network. Exchange Programme for Judicial Authorities SUMMARY OF THE REPORT (TRAINERS)

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1 European Judicial Training Network Exchange Programme for Judicial Authorities SUMMARY OF THE REPORT (TRAINERS) This summary will be published on the website of the European Judicial Training Network with your authorisation. It should be written, if possible, in French or in English and should contain the main elements of your report. I) Trainer s details Surname: First name(s): Nationality: SLOVENIAN Functions: JUDGE TRAINER Level: National Decentralised. Length of service:judge 18 YEARS, JUDGE TRAINER 3 YEARS II) Details of the exchange Country:CZECH REPUBLIK City: PRAGUE, KROMERITZ, BRNO Training institution: JUDICIAL ACADEMY Dates of the exchange: Nature of exchange:as A JUDGE TRAINER National Decentralised 1

2 Type: General Specialised III) Main elements developed during the exchange report (methodology and training courses, legal system, best practices, e-learning etc. ) Legal System and Methodology and training courses... IV) Summary (2 pages) CZECH JUDICAL SYSTEM At the first level they have two types of courts: 76 Dictrict courts and 8 Regional courts. District courts are at the lowest level of the hierarchy of courts and are the courts of first instance in the majority of civil and criminal cases. District courts are divided into civil and criminal chambers. In civil matters they rule on civil, labour, family and commercial matters that are not assigned to another court. In commmercial disputes their jurisdiction is limited to claims of a maximum amount of Czech Crowns ( approx EUR ). In criminal matters they mainly hear cases that are punishable bx maximum of five years of imprisonment. Regional courts are both courts of first and second instance. Unlike the district courts their jurisdiction at first instance must be set out in law. For example, they are courts of first instance in civil matters in disputes of personal reputation, copyright and intellectual proprety, bankrupcy, commercial instruments and commmercial law disputes. In criminal matters Regional courts decide on criminal offences which are punishable by at least five years of imprisonment, offences against the Republic and some serious economic offences. Regional courts are divided into criminal, civil and administrative chambers. They have two High coursts, located in Prague and Olomouc. They are appellate courts for the decision rendered by Regional courts at first instance in civil and criminal matters. They also act as the first instance courts in dicsiplinary proceedings against judges and public prosecutors. They have the Supreme court which is located in Brno and occupies the highest position in the hierarchy of ordinary courts. Its main task is to serve as a court of final appeal and may grant extraordinary legal remedies on the basis of law. They have specialized courts in administrative matters. At the first instance specialized administrative chambers within Regional courts act as courts of first instance. The Supreme Administrative Court which is located in Brno is the highest court in administrative matters.the public Prosecutors Office represent the State interest in criminal proceedings and other tasks as provided by law. In 2002 many investigation powers of police were transferred to the public prosecutor in pre-trial proceedings. The structure of the public prosecutors offices is hierarchial 2

3 and follows the court structure, the Dictrict prosecutors office being the lowest level, followed by Regional, Superior and Supreme prosecutors Office. The Constitutional Court is competent for the judical review of statutes that are in conflict with the constitutional order, ruling on constitutional complaints submitted by individuals or legal persons in the case of a violation of their constitutionally protected rights, as well as on competence disputes between state bodies and territorial self-government bodies. THE ORGANIZATION OF THE JUDICAL ACADEMY The Judicial Academy of Czech republic was established in 2002 and iz operates in the area of education for the judiciary at the national level. In cooperation with courts and state prosecutors offices the Academy also organizes and coordinates education in regional clasrooms.the Judicial Academy provides education for judges and state prosecutors and professional education and training for judge and prosecutor trainees. It is not an independent organization, but it is under the Ministry of Justice. The Academy has the following organizational structure: Department of the Director, Department for education, Training and research Department and Department responsabile for econimic, operational and administrative activities. The Department for education, training and research is divided into two departments: Department for legal dicsiplines and Department for non legal disciplines. Department for legal disciplines is responsabile for education in criminal, civil, commercial and administrative matters, education for bar association and education of middle stuff in the courts ( high judicial clarks... ). Department for non legal disciplines is responsabile for education in foreign languages, applied psychology, media, relaxation, retorics, computer skills and international agenda. The Academy has the main seat in Kromeriz and one branch in Prague. The Academy has about 500 courses and seminars per year in which about persons participated per year. They usually organize one day, two days and mostly three days seminars. For judge and prosecutor trainees they usually organize five days seminars. The trainers are divided into 100 groups according to their specialization. The Academy also trains the trainers in specialize courses. The trainers from other EU countries are also given lectures. The Academy has also accmodation facilities with the capacity of about 400 beds which means that all the parcitipants have accommodation and meals for free. Board of Judical Academy is responsabile for the professional management and coordination of the Academys education and training. It coordinates the Academys activities with the activities of other educational and research institutions. It is composed of 15 members: one representative of the Supreme Court, one representative of the Supreme Administrative Court and one representative of the Supreme State Prosecution Office, other members are 3

4 appointed by the Minister of Justice in such a manner that they include representatives of the Ministry of Justice, the Union of judges, the Union of State Prosecutors and other members among judges, state prosecutors, lawyers, notaries, court executors, university teachers from Faculties of Law and other specialists. The Minister of Justice appoints the members of the Board in such a manner that judges and state prosecutors constitute the majority. The Minister of justice supervises the Judical Academy of the Cezch Republic. Education of the judge and prosecutor trainees: After finishing one of the Faculty of law candidates have to apply for the position of judge or prosecutor trainee in the preliminary competition published by the Regional courts. It includes an evaluation of the candidates application, a written test, an oral examine infront of a committee including a representative of the Czech Judical Academy and psychological test. The judical Academy gives its opinion on the competence of persons applaying for the position of judge and prosecutor trainee. The preparatory service to become a judge involves three years as a judical trainee at the courts. Judical trainees are state employees. Judical Academy organize practical and teoretical part of education. In teoretical part they are given lectures in all legal areas. In practical education they have to study cases and after that they have to act the roles of judges, prosecutors, attorneys at law and other roles. In such way they are preparing themselves for conducting the hearings. At the end of the preparatory service judical trainees have to pass a professional examination, which consists of written and oral part, which test their theoretical and practical knowledge of rules of procedure at all court lavels. Judges in Czech Republik are appointed by the President of the Republic on the proposal of the Minister of Justice and they must be at least thirty years old. The minimum age for state prosecutor is 25 years. The state prosecutors are appointed by the Minister of Justice on the proposal of the Supreme public Prosecutor I hereby authorise the publication of this summary on the EJTN website, and if necessary, the report of the exchange. In Koper, on Signature 4

5 With the support of the European Union 5