[RoL/2018/02] October Consejo General del Poder Judicial, Barcelona, Spain. EJTN Rule of Law Training for Judges

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1 ² October 2018 Consejo General del Poder Judicial, Barcelona, Spain EJTN Rule of Law Training for Judges Independent Judges as a cornerstone of the Rule of Law [RoL/2018/02] With financial support from the Justice

2 Programme of the European Union Background of the project: Following the decision of the European Commission (DG Justice and Consumers Directorate-General) to allocate a grant to organise a series of 7 seminars; one webinar; draft the Manual/Practitioners Guide on aspects of rule of law, and the Training Strategy Guide on rule of law to be used by EJTN members in 2018 and 2019, EJTN together with Tipik communications agency responded and agreed to implement these tasks. The tasks are part of the European Commission strategy for the effective implementation of the EU Charter of Fundamental Rights. The main objective of these 7 seminars is to make the participants reflect on the international and national standards of Rule of law and, to address aspects of protection of fundamental rights and rule of law as reflected in the ECJ and ECHR case law, by increasing the understanding of what is the role and daily obligations in private and professional duties of judges and prosecutors of the EU Member States and six western Balkan nations (Albania, Bosnia and Herzegovina, Macedonia, Montenegro, Serbia and Kosovo). The seminars together with the other deliverables aim to increase the coherence and complementarity among existing training module materials on the topic of rule of law all across the EU and six western Balkan nations (Albania, Bosnia and Herzegovina, Macedonia, Montenegro, Serbia and Kosovo). Background of the seminar: Judicial independence is an important principle, and can be regarded to be a cornerstone of the Rule of Law. While most people have an idea of what judicial independence entails and why it is important, it is not always clear where the boundaries of judicial independence lie. There are many grey zones in which it can be debated if judicial independence is at stake or not. Closely linked to judicial independence is judicial accountability they are two sides of the same coin. But what does accountability mean, why is it important? How do these two concepts interact; either by strengthening or by weakening each other? These issues form the main focal point for this seminar. They will be introduced and further discussed in interactive workshops. Required profile of the participants: - Judges - Good command of the English language - Willing to participate actively in discussions and to share experiences in the field of judicial independence The goal of the seminar is: 1) To enhance the knowledge of the participants about the principle of independence (including impartiality), as laid down in main documents such as the Bangalore principles 1, CoE recommendations (including CCJE principles), Rule of Law checklist Venice Commission, national codes, and as elaborated in the case law of the CJEU and the ECtHR. 2) To raise the awareness of the participants as to how this principle (could and should) play a role in their daily (professional) lives, in particular when interplaying with different forms of accountability and quality requirements; 3) To raise the skills of the participants to recognise issues related to judicial independence/accountability in their everyday work and life and quality and how to (re)act; 4) To hear experiences of European colleagues and to raise mutual understanding. Outcomes. After the seminar, it is expected the participants: Increased knowledge of the concepts of independence and accountability in general; Experience in reflecting on how these values influence their work and lives as judge (their own as well as that of their European colleagues); Preferably, increased awareness and knowledge of how to protect and uphold these values in their work as judges. 1 See for instance Matters of Principle :

3 Draft Programme Day-and-a-half training comprised of four lectures and one workshop. Participants to this event will devote their time to get introduced to the elements and principles of Rule of Law. All the lectures and workshop sessions will be led by experienced judges, practitioners and trainers, who will guide the selected Judges through the course of their work. The training will also serve as a forum for the exchange of knowledge and best practices between judges from across the EU and six Western Balkan states. 29 October 2018 Moderator: Mrs Francoise TULKENS, former Judge and vice-president of the European Court of Human Rights Registration of the participants Welcome Words Presentation of the European Judicial Training Network and of the Project Topic Opening speech/keynote speech: The elements of the rule of law, including judicial independence - What is the Rule of Law? - Where/how has it been laid down / where can you find it? - Why and how is Rule of Law (all the various aspects) important for judges in their everyday work and practice? Group Photo & Coffee break Topic The grey zones of judicial independence - How and why is judicial independence (including impartiality) important for judges in their daily work? - Judicial independence in the books versus Judicial independence in action and the grey zones in between? Working Group sessions (4 parallel sessions) case studies / dilemmas on the grey zones of judicial independence In these sessions, the participants are invited to reflect upon and discuss a number of fictitious but realistic situations and dilemmas related to judicial independence, for instance the need for reserve of judges vs freedom of speech and association, independence of an individual judge vs the need for consistent case law, discretion of a judge to interpret the law vs the separation of powers, independence vs allocation of cases, etc. References will be made to relevant documents on judicial independence from the United Nations, Council of Europe, European Union, as well as to case law of the CJEU and the ECtHR Lunch Break (TBC) Continuation of the working group sessions on the grey zones of judicial independence The participants will work in the same groups as they did in the morning Coffee Break Continuation of the working group sessions on the grey zones of judicial independence

4 The participants will work in the same groups as they did in the afternoon End of First Day Official Seminar (TBC) 30 October 2018 Moderator: Mrs Francoise TULKENS, former Judge and vice-president of the European Court of Human Rights Arrival and registration of the participants Topic Tensions between judicial independence, accountability and quality - How do judicial independence, accountability and quality interact? - Where can they strengthen each other, and where are there tensions? Working Group sessions (4 parallel sessions) scenarios and mapping on tensions between judicial independence, accountability and quality. In these sessions, the participants are invited to reflect upon and discuss about questions such as: - What are the experiences of the participants with the interaction between judicial independence, accountability and quality? - Where they have experienced tensions: what did they do about it or would like to be done to solve the tensions? - What challenges do the participants see in their own work environment in the (near) future; and how do they think they will (be able to) react? Coffee break Closing Session: Bringing all together By: TBC Mrs Francoise TULKENS, former Judge and vice-president of the European Court of Human Rights Final remarks, Next steps of the project. Evaluation of the Training by the Participants (Submission of Evaluation Forms) Departure of the Participants SPEAKERS TBC Francoise Tulkens (former Judge and vice-president of the European Court of Human Rights) José Igreja Matos (President EAJ- the EAJ) Michael O Flaherty (FRA director) TBC Nils Engstad (N), Alain Lacabarats (F) TBC Orlando Afonso (P) TBC Lysann Mardorf (recommended by the German Judicial Academy) (DE) TBC Maria Giuliana Civinini (IT) ECHR co-agent TBC Nils Engstad (N) (ex) CCJE TBC Alain Lacabarats (F) TBC Orlando Afonso (P) TBC Lord Thomas (ex) ENCJ TBC Paul Gilligan

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