Ref: Prize The Crystal Scales of Justice competition The European prize for innovative practice contributing to the quality of civil justice

Transcription

1 JEJC Unite C1 Civil Justice Crystal Scales of Justice Competition European Commission DG Justice, Freedom and Security B-1049 BRUXELLES CEPEJ Secretariat Prize Crystal Scales of Justice Directorate General of Human Rights and Legal Affairs - Council of Europe F STRASBOURG Cedex cepej@coe.int Fax: (33) Ref: Prize The Crystal Scales of Justice competition The European prize for innovative practice contributing to the quality of civil justice I, Judge Aneta Arnaudovska, Director of the Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia, representing the aforementioned institution, declare that I am aware of the rules of the competition, which I undertake to comply with. Done at May

2 Details of entrant (institution/organization) Name: Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia Address: blvd. Jane Sandanski No 12, 1000 Skopje, Macedonia Phone: Fax: info@jpacademy.gov.mk Project is represented by Judge Aneta Arnaudovska, Director of the Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia Prepared by Elena Ilievska-Josifovic, Higher associate for implementation of training curricula in the Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia 2

3 Content: Establishment and vision of our Academy... 5 Status of the Academy... 5 Place in the judicial system... 6 Academy s activity... 6 Bodies of the Academy... 7 Educators in the Academy Mentors in the Academy Professional staff of the Academy Financing and funds of the work of the Academy Academy s offices and equipment Visibility in the work Initial training Continuous training Principles of cooperation - openness, friendship, willingness for fast establishment of relations and contacts Evaluation of the work Assessment mission of the European Commission (between 10 and 14 March 2008) Future plans Our vision for the future

4 Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia 4

5 Establishment and vision of our Academy The Academy for Training of Judges and Public Prosecutors is established by the Law on The Academy for Training of Judges and Public Prosecutors published in the Official Gazette of the Republic of Macedonia No.13/2006. The Academy is not a part of the regular educational system; it rather belongs to the judicial system. The Academy s vision and main purpose is to provide competent, professional, independent, impartial and efficient performance of judicial and prosecution function trough selection, organization and implementation of initial training of candidates for judges and prosecutors and continuous professional training of judges and prosecutors and judiciary and prosecution clerks. In order to realize these main goals, the Academy in collaboration with all judicial institutions in Republic of Macedonia implements a strategy by which for a first time in our country was created an objective system aimed toward amortization of the political influence during the first election and appointment of judges and public prosecutors based on precise and measurable criteria as well as introducing of compulsory, institutional and financed by the budget professional continuous training of all target groups from the judiciary. This strategy has been directly implemented trough continuous carrying out of the general and specialized training curricula which will contribute toward efficient and independent judges and public prosecutors. During creation of the basic principles of the Academy s working strategy we have taken into consideration the international standards of the modern and with rich tradition training institutions in the region and in Europe as well as the principles consisted in the Council s of Europe documents (CCJE Opinion No 4 and No 9, documents and acts adopted by the Lisbon network, the documents of the European Commission and especially of the European Judicial Training Network EJTN) Status of the Academy Introduction of a new system of administration by a Management Board in which representatives of judicial institutions and the Ministry of Justice participate. The Academy as a public institution performs an activity of public interest and has a status of legal entity. It is independent, has own employees, equipment, premises and budget. The 5

6 headquarters of the Academy is in Skopje. In its administration it is separated from the Councils (Judicial Council and Council of Public Prosecutors) as well as from the Ministry of Justice and the Supreme Court. Place in the judicial system The Academy is a link in a completely integral process of selection and choice of the future basic judges and public prosecutors and its work is a part of the package of laws within the Strategy for judicial reforms adopted by the Government of the Republic of Macedonia in 2004 and represent an introduction of a new system of selection and promotion of judges and public prosecutors based on the system of merit, such as: the Law on Courts, the Law on the Judicial Council of the Republic of Macedonia, the Law on the Public Prosecution and the Law on the Council of the Public Prosecutors. The selection is done in the following manner: from the list submitted by the Academy which is made according to the total success of the candidates during the initial training and the final exam, the Judicial Council of the Republic of Macedonia and the Council of the Public Prosecutors make the final appointment. As regards the continuous training, the Academy signifies an improvement and continuation of the work of the Centre for Continuous Education operating within the Macedonian Judges Association. Academy s activity The Academy performs the following activities: Organizes and implements the initial training of candidates for judges and prosecutors, Organizes and implements continuous professional training for judges and prosecutors, Organizes and implements training for educators, Organizes and implements continuous professional training for the judicial and prosecution clerks, May organize and implement training for lawyers, public notaries and the similar but without deranging the activity of the Academy Organizes and implements conferences, seminars and other forms of training and professional education, Has established and is maintaining co-operation with similar local and foreign institutions, organizations and associations Organizes and keeps a library 6

7 Bodies of the Academy BODIES OF THE ACADEMY Management Board Director Executive director Program Council The Management Board is the management body of the Academy composed of 11 members. Members of the Managing Board by their function are: Mr. Bekir Iseni, President of the Judicial Council of the Republic of Macedonia President; Mr. Dane Iliev, President of the Supreme Court of the Republic of Macedonia; Mr. Ljupco Svrgovski, Public Prosecutors of Macedonia and Mr. Mihajlo Manevski, Minister of Justice of the Republic of Macedonia. Other members of the Board are proposed by the institutions represented in the Management Board: - Mr. Abdulakim Saljiu, President of the Management Board and public prosecutor in Public Prosecution of Republic of Macedonia - Mr. Agim Miftari, Judge of the Supreme court - Mr. Blagoj Donovski, Judge of the Supreme court - Mrs. Lidija Taseva, Judge of the Basic Court Skopje II (civil court) - Mr. Kire Sekulovski, public prosecutor in Higher public prosecution Bitola - Mr. Sterjo Zikov, public prosecutor of the Basic public prosecution Skopje - Mr. Isamedin Limani, state counsellor in Ministry of justice The members of the Management board are appointed for a period of 4 years with the right for one more mandate. 7

8 Management board s activities From its constitution until now, the Management board had realized very fruitful activities in direction of adoption of all important acts and training programmes necessary for regular functioning of the Academy. The Board held 23 sessions so far at which total of 15 regulation and 10 training programmes were adopted and were delivered various very important decisions, conclusions and other separated legal acts. The Director of the Academy participates in the activities of the Management Board with no right to vote. The Director of the Academy is the managing body of the Academy. The Director is appointed by the Management Board upon public announcement published in the Official Gazette of the Republic of Macedonia, has to be a judge or a prosecutor with at least 10 years of experience as a judge or a prosecutor and whose function as judge or prosecutor is in inaction during his/her mandate as director. The Director of the Academy is Mrs. Aneta Arnaudovska, judge in the Basic court Skopje I (criminal court), in two mandates Head of the criminal department in this court and member of the Working party of the Consultative Council of European Judges (CCJE- GT) within Council of Europe since 2005 as well she participated as educator in a large number of projects organized by the Center for continuous education within the Macedonia Association of judges as well abroad. She is married and mother of one child. The mandate of the Director is 4 years with a possibility of re- election. The Executive Director is an executive body of the Academy. The Executive Director is appointed by the Management Board upon public announcement published in the Official Gazette of the Republic of Macedonia. The Executive Director is Mrs. Tatijana Temelkoska Milenkovic. She holds a law degree and has passed the bar exam in Macedonia. She graduated with honours and received the award of Mr. Hank Manning from London, United Kingdom. Prior to her appointment on this function in 2006, she was the Executive Director of the Centre for Continuing Education of the Macedonian Judges Association from the moment of its establishment in She worked temporarily as a lawyer at the Registry of the European Court of Human Rights (ECtHR), From 1993 until 1999 she was Staff Attorney at the American Bar Association/Central and East European Law Initiative (ABA/CEELI).She is also President of Association for Emancipation, Solidarity and Equality of Women (ESE) and a member of its Board of Directors. She is married and mother of one child. The Executive Director of the Academy is appointed for the period of 5 years with the right to be re-elected. 8

9 The Director of the Academy (on the right) and Executive director (on the left) The Programme Council is an expert body of the Academy. It is composed by 7 members appointed from the list of judges, prosecutors and representatives from the Ministry of Justice as well as of other legal experts. The Programme Council gives instructions and had delivered all drafts and programme proposals for: the admission exam, initial training, final exam and continuous professional education, training of educators and other special training programmes which are revised and updated every year. Commission for qualification and admission of candidates/commission for final examination The Commission for Qualification and Admission was constituted, whereas the Commission for the Final Examination is to constituted by the Management Board with a one year term of office; they are both comprised of seven members of which four at the proposal of the Judicial Council of the RM, two at the proposal of the Council for the Public Prosecutors and one is proposed by the Minister of Justice. 9

10 Educators in the Academy Carriers of the teaching process The educators are experts who directly implement the training programs. They are hired as permanent, part-time and ad hoc educators. The Academy doesn t possess full time employed educators. The educators are selected from the pool of judges and prosecutors as well as eminent experts in specific field. The educators should meet the following criteria: - To have worked as judge or public prosecutors 8 years at least or to have working experience as experts in the concrete field of 8 years at least - To have expert and ethic qualities and to enjoy reputation in the exercise of the office i.e. in the profession - To have experience and reputation in education of judges and public prosecutors taking in consideration their career as judge i.e. public prosecutor, or their professional career - To have corresponding knowledge on education methods and on manners of teaching adults The Director of the Academy sends written information about the need for educators to all courts, public prosecutor s offices and to the other related institutions (law faculties, state institutions, NGO and international organizations in order to recruit lecturers according to the specific specialty). The list of permanent and part time educators is established by the Management Board upon Director s proposal and the opinions given by the Supreme court, Judicial council and Council of public prosecutors, according to the principles of competence and professionalism, transparency and publicity and equal opportunity for all judges and prosecutors who are interested in performing education. During the presentation of the themes the educators are obligated to use practical approach in the expression of professional skills and methods for interpretation and application of the law, especially trough review and analysis of real and hypothetical court cases of the national and international courts, simulation of court proceedings, preparation of judicial and prosecution acts, and by applying interactive methods to initiate active participation of the participants in the education. 10

11 The educators are obligated to upgrade and improve the teaching methods and techniques, permanently, enriching their themes with the newest amendments of the international and national law and judicial practice and for that reason they attended Training of trainers programs in our Academy as well as in other foreign Academies. In order to provide a wide choice of educators judges and public prosecutors from all fields and levels of jurisdiction as well as domestic and foreign experts from different specialties, the educators list is composed broaden. Namely, the educative process in the Academy is implemented by 108 educators i.e. 58 permanent educators from which 43 are judges and 15 public prosecutors and 50 part time educators from which 5 retired judges, 25 university professors, 4 lawyers and 16 other experts. In 2007 were also engaged 7 ad hoc experts (domestic and foreign) from different fields. 11

12 Permanent educators: 12

13 Part time educators: 13

14 Mentors in the Academy Carriers of a practical introduction into the profession The mentors are judges and public prosecutors, according to whose directions, instructions and control the candidates for judges and public prosecutors are working during the practical part of the initial training in the courts and public prosecutor s offices and in the other institutions and organizations related with the performance of the judicial and prosecutor s function. The Judicial Council of the Republic of Macedonia i.e. the Council of Public Prosecutors determine and submit the list of mentors to the Management Board of the Academy From the pool of active judges and public prosecutors who fulfil the conditions which are equal as those predicted for educators. In the first generation of candidates the list of mentors who are engaged for implementation of the practical part of the initial training consists of 72 mentors and 17 deputies - mentors from which 69 (including the deputies) are judges from basic and appellate courts in Republic of Macedonia and 20 public prosecutors from basic and higher public prosecutor s offices in Republic of Macedonia. The mentors have obligation to train the candidates for competent, professional, independent, impartial and efficient performance of the judicial and prosecutor s function. The mentors have to develop candidates abilities for analysis and assessment of legal and factual issues of the cases, communication skills and correctness, patience and understanding of the relation between the participants in the proceedings, as well as with the public and media, ability for logical, 14

15 precise and understandable writing of the explanations of the court decisions i.e. prosecution proposals as well as the other written correspondence, skills for settlement and reconciliation of the parties, ability to avoid prejudices in the decision making management skills, time and case management for efficient and effective implementation of the procedure. The mentors have right and duty to assess the candidates permanently about their results in the practical part of the initial training, taking into account their engagement in the following of the trials and preparation of draft decisions, their preferences, ethics and way of thinking. The mentors are also assessed by the participants in the initial training. Mentors also have right for an education regarding perfection and modernization of the mentor s work and practice organized by the Academy in the country and abroad. Professional staff of the Academy Organization and work of the professional staff of the Academy is based on the principles of professionalism, expertise, responsibility, economizing and equitable and proper representation of all communities in the Republic of Macedonia. For the purpose of conducting expert, administrative technical and additional works in the Academy, a Technical Service Department has been established within which exist: Sector for initial training with two Departments, one for theoretical teaching and one for practical teaching; Sector for continuous professional training and international cooperation with three departments, one for continuous professional training of judges and prosecutors, one for continuous professional training of judicial and prosecutorial clerks and one for international cooperation and Sector for general and administrative affairs within which are operating three department, first one for general and legal affairs, second one is IT department and the third is Department for finances. There is one independent department in the Academy that is Department for administration of human resources. At the present the Academy is working with total of 17 employees (including the Director and Executive director) and two volunteers. 15

16 Professional staff of the Academy Financing and funds of the work of the Academy The financial funds for the work of the Academy are assured from the Budget of the Republic of Macedonia via the budget earmarked for the Judiciary Branch. Other sources of financing are: - Donations and gifts, - Trough realization of own incomes and incomes gained from publications, projects implementations, grants and other incomes. The Academy cannot accept any funds which may influence on its independent status Academy s offices and equipment The Academy has at its disposal 9 fully furnished offices for its employees, two classrooms furnished with sophisticated technical equipment (plasma DVD, LCD projector, facility for simultaneous translation); one conference room fully equipped for simultaneous translation and housing an LCD projector, computer laboratory with 12 computers, a cabin with simultaneous 16

17 translation equipment and an LCD projector, a library with domestic and foreign legal publications and one conference room. 17

18 Visibility in the work Public and transparent information on the activities of the Academy is available through: its internet page 18

19 - Internet page of the Academy - - its notice board, and publishing of the regulations of its work in the Official Gazette of the Republic of Macedonia. The Academy is open and ready for cooperation with all institutions and organisations with the aim to enrich and further advance the overall educational process in the judiciary. Academy s activities are also intensively followed by the electronic and press media in Republic of Macedonia. 19

20 Article from a newspaper with subject Judges must be masters in a courtroom and not to be afraid of the other two authorities Initial training New profile of European judges and prosecutors First generation in academic year 2007/

21 The beginning of the initial training in the Academy and the number of accepted candidates was fixed with the decision of the Management board upon previously delivered decision of the Judicial Council and the Council of Public Prosecutors on the number of vacancies for judges and public prosecutors, in the basic courts and basic public prosecution offices, respectively. These decision made room for 15 (fifteen) vacancies for judges and 10 (ten) openings for deputy public prosecutors. Preparatory training for admission to the Academy was held for the purpose of consistent application of the principle of equitable and appropriate representation. After passing the qualification test and the admission exam in July 2007 (the written and oral part with interview) with an achievement rate of 70%, 27 candidates for future judges and public prosecutors were admitted in the initial training programme in the Academy. The Initial training programme for the first generation of candidates of judges and public prosecutors commenced on 17 th September 2007, when the Academy had organized official ceremony with presence of tending the initial training for future judges and prosecutors, the President of the Government of the Republic of Macedonia, diplomatic and consulate corps in Republic of Macedonia who addressed to the candidates. The President of the Government of the Republic of Macedonia, Mr. Nikola Gruevski stated that one of the conditions for entire accomplishment of the function of the judicial institutions is they to be composed of educated judges and prosecutors. The Academy for Training of Judges and Public Prosecutors has its goal and capacity to provide competent, professional, independent, impartial and efficient performance of the judicial and prosecutorial function trough selection, organization and implementation of initial training for candidates stated the President of the Government. According to the EU Special Representative and Head of Delegation of the European Commission H.E. Erwan Fouéré, the Academy represents a step forward for Macedonia in implementation of the judicial reforms and a big step for accession in the European Union.. The judicial reforms will open the gates for negotiations and with that Macedonia will become more interesting for the foreign investors as well stated Fouéré. H.E Ambassador of USA in Republic of Macedonia Mrs. Gillian Arlette Milovanovic stated that with establishment of the Academy, Republic of Macedonia is taking obligation to support the initiated judicial reforms. This event marks a very important moment for Macedonia. It marks the establishment of what we hope will be a sustainable model for the education and training of future judges and prosecutors. With this step, Macedonia strengthens its commitment to supporting the judicial reform process, a process that must accelerate in order for Macedonia to achieve its Euro-Atlantic aspirations - stated ambassador Milovanovic. 21

22 The President of the Government of the Republic of Macedonia and Minister of justice with the representatives from the diplomatic corps 22

23 The Director and Executive Director of the Academy together with the EU Special Representative and Head of Delegation of the European Commission H.E. Erwan Fouéré (on the right) and Mrs. Maria Afonso, Leader of the Academy s leading Project CARDS 2004 (on the left) 23

24 The President of the Government of the Republic of Macedonia and Director of the Academy (in the middle) with the candidates in the initial training This event was also followed with a big coverage from the media. Article from a daily newspaper with subject The Academy for Training of judges and prosecutors will start on 15 th September 24

25 The initial training has duration of: 5 months theoretical instruction in the Academy, 9 months practical training under the mentorship of judges and public prosecutors in the courts and public prosecution and other institutions, 1 month preparation for the final examination. preparation for the final examination theoretical instruction practical training Initial training - Objectives of the theoretical and practical instruction - Acquisition of the basic abilities and skills for: efficient, independent and impartial decision-making; use of clear and understandable language in drafting relevant acts in the cases; readiness for application of the European dimension of the law; openness towards comparative experiences and cooperation; pluralistic understanding of the social environment and the multicultural nature of the society in which they will pass decisions and judgments. Initial training theoretical instruction 25

26 In the course of the theoretical instruction in the Academy, the following is studied and elaborated: legal, general and special subjects; methodological pluralism a combination of the theoretical and practical approach, with a ratio of at least 50% in favour of the practical approach; requirement for the trainers to ensure presence of 30% European and comparative topics in the teaching contents. The following components are the subject of the evaluation: Level of involvement of the participants in the learning process, Progress in the acquisition and increase of theoretical knowledge and their application in the practice, Ability for written expression (preparation of case acts) and oral expression (argumentation), Ability for logical thinking and assessment of evidence, delineation of the facts from the law, Decision-making abilities, Communication skills, Attitudes towards the individual role and duties in society and relations to the other participants in the proceedings, Relation towards the fulfilment of the ethical standards of the profession. The assessment is conducted through: Tests, Essays, Homework, Class activities, Regular attendance. Achievements in the theoretical part - 30 points at most - the content of the theoretical instruction - 26

27 The Programme for the Initial Training at the Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia foresees a total of 660 lessons. - trainers involved in the theoretical instruction - A total of 50 trainers were involved in the realisation of the instruction in the initial training with the following composition judges in the Constitutional Court judges in the Supreme Court judges in the Appellate Court judges in the Basic Courts retired judge senior public prosecutor public prosecutor in the BPP university professors Ministry of Justice Court For the additional lessons, alongside the national experts, 15 foreign experts from different legal areas were engaged. In the period between 17 th September and 15the February (when the theoretical part finished) a total of 659 and 99 additional classes had been held as well as 11 visits to institutions had been realized. They also attended the most interesting seminars within the continuous training events which were related to the subjects that have been elaborated in the initial training programme. 27

28 The number of lessons by subject was as follows: 28

29 The candidates in the initial training during their class The President of the Republic of Macedonia, Mr. Branko Crvenkovski on February 2008 visited the first generation of candidates for judges and public prosecutors in the Academy where he addressed the important role of the Academy in the ongoing judicial reforms in the Republic of Macedonia and of the candidates as well since they are the first generation which will be a proof that this model of judicial education is functioning successfully. 29

30 The President of the Republic of Macedonia Mr. Branko Crvenkovski, with the President of the Management board-mr. Abdulakim Saljiu and the Director of the Academy among the candidates in the initial training Initial training practical instruction The theoretical instruction for the first generation of candidates for judges and public prosecutors ended on 15 th February 2008, after which followed the practical part of the initial training with 9 month duration. The candidate can receive a maximum of 30 points by the mentor team in the practical training. 30

31 The objective of the practical training is, under the guidance of the mentors, to equip the candidates with training and professional abilities and skills necessary for a successful execution of the judicial or prosecutorial function, respectively. Candidates in the initial training during one simulation of a trail 31

32 Candidates in the initial training during one simulation of a trail The concept of mentorship The practical training has embraced the concept of regional mentorship, thus organising the practical training under the mentorship of judges and public prosecutors from the Basic Courts Skopje and Skopje II, Shtip, Bitola and the Appellate Courts, and also from the Basic Public Prosecutor s Offices in Skopje, Shtip, Bitola and the Higher Public Prosecutor s Offices, as well as from other state authorities and institutions in accordance with the needs of the programme and depending on the region where the candidate originates from. The objective of this organisational structure of the training is, through the development and promotion of mentorship in the form of interactive work between the mentor and the candidate, to develop and strengthen the capacities and efficiency of the judicial-prosecutorial system on the entire territory of the Republic of Macedonia. This training is being realised through: 32

33 Solving of actual and hypothetical cases, Participation in case simulations and moot court trials, Essay writing, Writing of case acts and other written assignments. The practical training will be finished on November 2008 after which candidates will have one month to prepare themselves for the final exam. Final examination Upon the completion of the practical training, the candidates will have one month at their disposal to prepare for the final examination. The successful completion of the final examination earns the candidates 40 points at most. The candidates who have been awarded at least 80 points in total in all three segments of the training acquire the right to be elected by the Judicial Council of the Republic of Macedonia and appointed by the Council of the Public Prosecutors to the position judge or public prosecutor, respectively, in accordance with the ranking list submitted to them by the Academy. Preparations for the second academic year 2008/2009 The procedure for application of candidates for new generation of initial trainees is in course, precisely for 15 vacancies for judges and 12 vacancies for public prosecutors. The start of the new academic year is expected on September

34 Article from a daily newspaper with subject Second generation of academic judges and prosecutor 34

35 Continuous training lifetime education process for judges, prosecutors and other target groups Introduction of annual compulsory minimum of classes according to the judicial or prosecutorial years of experience as follows: Continuous Professional Training Compulsory hours of training up to 8 years from 8 to 15 years over 15 years working experience as judge/prosecutor Target groups in the Programme for Continuous Professional Training Judiciary Prosecution Ministry of Justice Judges/Prosecutors Administrative Court AC Gostivar Expert Associates Clerks 35

36 Concept and objectives The Programme was created upon a wide assessment of the judges and public prosecutors training needs. The Academy conducted a poll in order to include subjects for training which were proposed by the target groups. Basic objective Wider goal o To broaden the legal knowledge; o To enable practical application of the laws; o To develop complementary skills; o To enable application of international law and the law of the EU as well as the practice. o To preparation for the integration of the judicial system of the Republic of Macedonia in the European Union. Decentralization regional principle A small portion of the training is held in the premises of the Academy, with priority being given to the decentralisation of the training locations to the Appellate Courts in Skopje, Bitola and Shtip in the form of workshops, roundtables and seminars. Such an organisation of the training was justifiable due to the following reasons decreased costs, increased efficiency, learning in a working environment, equitable development of the judiciary in the entire country. Efficiency how to achieve a balance between trainings and daily duties The training was held during the regular working hours, but also after the working hours and on Saturdays, in order to avoid postponement of scheduled hearings. The objective was to achieve a balance between the need for judges and public prosecutors to efficiently execute their regular working assignments (a trial within a reasonable time) and the legal obligation for continuous professional training. Content of the training The novelties in the material and procedural legislation in the fundamental areas of the law (criminal, civil, commercial); 36

37 Judicial-prosecutorial practice and jurisprudence; Fight against organised crime and corruption, human trafficking; Training for other complementary skills: ethics, deontology, court psychology, time and case management, communication skills, public and media relations, alternative dispute resolution - mediation; Specific articles from the European Convention on Human Rights (ECHR) with the appropriate practice of the domestic courts, comparative practice of other states and the case law of the European Court of Human Rights (ECHR) and of other international courts with the aim of correct application of the international standards for a fair trial within a reasonable time. The modules for the general and specific areas of international law and of the law of the EU (right to competition, intellectual property, consumer protection, international bankruptcy, international humanitarian law, etc.); Foreign languages (English and French beginner and advanced course), IT lessons and legal research. Record keeping The Academy maintains individual records for the judges, the prosecutors and the civil servants from the Ministry of Justice who have taken part in the activities prescribed by the Programme. It issues certificates for the hours spent in training to judges, prosecutors and civil servants from the MJ, and submits the respective data to the Judicial Council of the Republic of Macedonia, the Council of the Public Prosecutors and the Minister of Justice. Realisation In the period from 1 st January to 31 st December 2007, the Academy organised on its own or in collaboration, a total of 123 seminars, with a total of 1506 instructional hours of training and with a total participation of 2987 attendees, of whom 2048 judges, 681 public prosecutors, 94 legal associates from the courts, 28 administrative staff from the courts, 19 legal associates from the public prosecutor offices, 2 administrative staff from the public prosecutor offices and also 115 other participants and guests. From the beginning of 2008 until now were realized a total of 104 seminars with a total of 1066 instructional hours of training and with total participation of 2052 participants of whom 1187 are judges, 244 legal associates from courts, 47 administrative staff from courts, 430 public prosecutors, 46 legal associates from public prosecutor s offices, 19 administrative staff from public prosecutor s offices and 79 other participants and guests. 37

38 Funding The training is financed with own funds from the Budget of the Republic of Macedonia as well as through projects from international organizations The most significant projects that are realized in 2007 and 2008 I 2009 The CARDS 2004 project Technical Assistance for Support to the Establishment of the Institute for Judicial Training Phase II ; the technical assistance consists of the following three segments: normative preparation/amendment of the relevant laws and bylaws; preparation and implementation of all training programmes, delivery of the preparatory instruction for the members of the communities in the Republic of Macedonia, organization of the qualification test and the entrance and the final examinations; organization and training with participation of EU experts; support of the institutional development of the Academy and facilitation of its sustainability. Within this project in 2007, 15 training sessions were organized with a total 496 participants. In 2008 until now, within this project 16 training sessions have been realized for all target groups of the Academy as well as training events for educators and mentors in the Academy. Very important is to mention the study visit that was realized in October 2007 to the Initial Training Centre (Bordeaux) as well as to the Continuous Training Centre (Paris) of the respective School. Representatives of the Academy participated in the visit. - The OSCE Spillover Mission in Skopje (Department for the Rule of Law), the Academy, the Ministry of Justice, and the USA Embassy in the RM / the OPDAT Programme implemented jointly the Project Strengthening the Capacities of the Judiciary and Prosecution for Processing Cases against Humanity and International Humanitarian Law in the Context of the Returning of the Four Cases from the ICTY. As part of this project in 2007 a total of 10 training events were organized for 275 participants, with a total of 113 hours spent in training, and 3 study visits to the ICTY and one to the State Court of Bosnia and Herzegovina. The cooperation with OSCE Spillover Mission in Skopje (Department for the Rule of Law) continues in 2008 as well trough organizing total 6 seminars from which 3 on juvenile delinquency and 3 on pre-trail confinement. These training sessions were organized also with collaboration with the Macedonian association of judges, Macedonian association of public prosecutors and the Council for prevention of juvenile delinquency. The Project for Bilateral Macedonian French Cooperation in the area of training of the judiciary, financed by the Government of the Republic of France and organized by the Embassy of the Republic of France in the Republic of Macedonia through the mission of the 38

39 French expert Mr. Dominique Durand, Public Prosecutor for Financial Crime, which for the next two years foresees several segments of cooperation. Within this project had been realized a visit by Mr. Jean Michel Calard, Director of the court administration in the court in Marseilles and by Mr. Denis Besle, from the second instance administrative court in Leone. Also a visit in Leone and Paris was realized by the president and one judge of the Administrative court in Republic of Macedonia and a representative of Ministry of justice visited the court in Marseilles. With support of the Embassy of Republic of France in October 2007 has been realized a study visit to the National school for magistrates in Paris and Bordeaux which was financially enabled by EU Project CARDS Trough this project already have been organized French language classes for judges, prosecutors and employees from Ministry of justice and the Academy. The TWINNING Project Harmonizing of the Legislation on Competition Policy and Strengthening of the Administrative Capacity of the Body for the Protection of Competition. As part of this project in 2007, 12 training sessions were realized in total, with 99 participants receiving a total of 253 training hours. The project prepared a compilation of the seminars and placed it in a book Introduction into the competition law of the EU which was delivered to all judges and public prosecutors in Republic of Macedonia. The Embassy of the USA in the Republic of Macedonia/ OPDAT Programme The Office for Public Prosecutor Development, Assistance and Training of the US Department of Justice, aided in the organization of seminars, study visits for judges and public prosecutors to the USA and English Language courses (beginner and advanced level). This activity in 2007 facilitated a total of 2 training sessions for 57 participants with a total of 15 hours spent in training. In training session were organized in cooperation with these projects on subjects regarding the meaning of the judicial forensics in the criminal cases, fight against money laundering, pre-trail confinement. USAID/DPK Consulting in 2007 was implemented training of the court administration and the newly elected judges. Within this project, a total of 5 training instances were organized for 64 participants. This cooperation continues in 2008 trough 3 seminars for judges about the practical aspects in implementation of the Law on bankruptcy procedure and 1 seminar on practical aspects in implementation of the provision regarding the commercial law. 39

40 The TWINNING Project for Fight Against Organized Crime and Corruption made possible the participation of judges and public prosecutors from the Department for Prosecution of Perpetrators of Acts in the Area of Organized Crime and Corruption of the Public Prosecution of the Republic of Macedonia, the Ministry of Interior and the Financial Police, the Administration and other judges and public prosecutors working on the issue of combating organized crime and corruption, human trafficking, computer crime, etc. As part of this project in 2007, 3 training sessions in total were organized for 82 participants, and two study visits. In 2008, 5 training events were organized in cooperation with this project on subjects such as corruption, human trafficking, financial crime and money laundering, special investigative techniques. - The TWINNING Project Strengthening of the capacities for prevention of money laundering Phase II is a CARDS project of the Administration for prevention of money laundering and financing of terrorism and the Institute for fiscal studies in Spain. The implementation of this project started in 2007 while in training sessions have been held on different subjects such as the role of public relations and the development of the public communication strategies, improvement of the mechanisms for fight against financing of terrorism, seminar on taxes, internal commercial, customs and smuggling, the investigative methodology of financing terrorism crimes, law on criminal procedure, money laundering. Within this projects besides judges and prosecutors also have been included representatives from the State Bureau for revision, State commission for prevention of corruption, Administration for public incomes, Customs, Ministry for internal affairs, Ministry for finances, Central bank of Republic of Macedonia as well as many representatives from the banking sector. Educators on these seminars were recognized experts from Republic of Spain and other state member of EU. The Regional Project of the German Association for Technical Cooperation (GTZ) of the Federal Ministry for Economic Cooperation of the Federal Republic of Germany: Goal to implement training of the judges and the public prosecutors for the application of the Law on Bankruptcy and the Law on Commercial Companies, in a correlation with regional experiences, strengthening the capacity of the Macedonian judiciary, increase of the public confidence in the judiciary and harmonization of the domestic legislation with the relevant Acquis of the European Union. The TEMPUS Project Towards the EU Standards on Copyright and Related Rights, in cooperation with the Iustinianus Primus Faculty of Law. 40

41 This project in 2007 enabled the realization of a total of 9 training sessions for 158 participants. In addition, the Academy was able to secure resources, including its own funding, to facilitate study visits abroad for judges and prosecutors for the purpose of their active involvement in current activities organized and offered by the other European training institutions and training networks. Financing of the Training Projects from International Organizations Own funds 37% 63% Specialised programmes - As part of its specialised programmes, the Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia conducted a specialised Programme for Initial Intensive Training of the Judges Elected to the Administrative Court. - The Academy has also conducted a specialized Programme for Training of the Judges of the Criminal and Civil Department of the Gostivar Appellate Court. Training of trainers and mentors in Republic of Macedonia and abroad For the purposes of strengthening the capacities of the Academy and also with the aim of enhancing the professional expertise and skills of national trainers and mentors, the Academy in 2007 managed to realize 3 domestic training sessions and five study visits for the trainers in the area of European law and human rights attended by 11 judges and public prosecutors from the list of permanent trainers of the Academy, as well as exchange visits with several European states in cooperation with the EJTN. Within The Project for Bilateral Macedonian French Cooperation in 2008 have been organized and held 4 training sessions for mentors in the Academy regarding the methods of training 41

42 during the mentorship as well as the way of evaluating the participant s progress in the practical teaching. Training of mentors was also implemented in collaboration with the Project CARDS

43 Principles of cooperation - openness, friendship, willingness for fast establishment of relations and contacts The Academy - a bridge for contacts between domestic and European judiciary National cooperation Cooperation with domestic institutions and international organizations in Republic of Macedonia The Academy realizes regular contacts with faculties of law on the universities in the Republic of Macedonia and abroad, other university level institutions, Public Attorney s Office of the Republic of Macedonia, the Ombudsman of the Republic of Macedonia, the Macedonian Bar, the Notary Chamber, the Association of Enforcement Agents, the Association of Journalists, Police academy, national and international government institutions and nongovernmental organizations whose activities are related to the activities of the Academy as well as with all international organizations and embassies. Visit of the European Commission Vice-President Franco Frattini Commissioner Franco Frattini on February 2008 visited the Academy for Training of Judges and Public Prosecutors. In that occasion he addressed to the trainees of this Academy. As Commissioner Frattini said, this Academy is of great importance for the judicial reforms in the country, especially in context of the efforts for strengthening the independence and professionalism of the judges and the prosecutors. Magistrates of the Academy for Training of Judges and Public Prosecutors should help Macedonia in its approximation to European integration, because judicial reforms and security are the crucial areas that are required for European Union accession, said European Commission Vice-President Franco Frattini 43

44 The European Commission Vice-President Franco Frattini with the EU Special Representative and Head of Delegation of the European Commission H.E. Erwan Fouéré, Minister of justice of the Republic of Macedonia and the Director of the Academy 44

45 International cooperation Academy realizes regular contacts with academies for education of judges and public prosecutors and other similar institutions from other countries and takes active part and cooperates with the international training networks (EJTN, Lisbon Network etc.) in order to raise the level of the education in the Academy, exchange of experiences and educators. At the Ninth General Assembly of the European Judicial Training Network (EJTN) of the EU, held from 11 th to 13 th June 2007 in Trier, Germany, the Academy received an observer status Member of the European Network for Exchange of Information between Persons and Entities Responsible for the Training of Judges and Public Prosecutors (the Lisbon Network), within the Council of Europe; Direct cooperation with the judicial schools of France, Romania, Albania, Portugal etc.; Within the cooperation with the Romanian National Institute of Magistracy and the Centre for Judicial Studies in Lisbon, Portugal, three Macedonian candidates of the initial training and one mentor will participate on September 2008 to the third edition of the THEMIS Initial Training International Competition which will take place in Bucharest. Also five candidates of the initial training will go on a study visit like some kind of exchange of students in the Romanian National Institute of Magistracy in Bucharest. Partaking in the work of the Council of Europe, the CCJE, the ERA and other organisations and institutions; Participation of our judges and public prosecutors on the training events in the Academy for European Law in Trier; Cooperation with European Judicial Training Network (EJTN) and Council s of Europe HELP Programme EJTN Since becoming an observer to the EJTN, the Academy maintains very fruitful cooperation with this network and actively participates in all training activities organized by this network. Namely, The Academy is involved in the EJTN s Programme and in that direction four our judges already participated on training events organized within this Programme. 45