REPORT ON THE EXCHANGE AND SUMMARY

Transcription

1 REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN within one month after the exchange. 2. Please use the template below to write your report (at least 4 pages). 3. The report must be filled in English or French. If not possible, the report could be written in another language but the summary must be in English or French. 4. Please read the guidelines for drafting the report (in Annex). Feel free to add any other relevant information in your report. 5. The summary (1-2 pages) shall contain a synthesis of the most important information of the report. 6. If you agree for your report and/or summary to be published on the EJTN website, please tick the relevant box below. Identification of the participant Name: First name: Nationality: ROMANIAN Functions: PROSECUTOR Length of service: 15 YEARS Identification of the exchange Hosting jurisdiction/institution: ACADEMY FOR TRAINING OF JUDGES AND PUBLIC PROSECUTORS OF THE REPUBLIC OF MACEDONIA City: SKOPJE Country: REPUBLIC OF MACEDONIA Dates of the exchange: from 5 th to 16 th October 2009 Type of exchange: one to one exchange group exchange general exchange specialized exchange (please specify : ) Authorization of publication I undersigned hereby authorize the publication of this report and/or summary on the website of the. Done in: Bucharest Date: Signature / (aisbl) Rue du Luxembourg 16B, B-1000 Bruxelles; Tel: ; Fax: ; exchanges@ejtn.eu

2 REPORT FOLLOWING THE PARTICIPATION TO THE EVENT EJTN EXCHANGE PROGRAMME VISIT TO THE ACADEMY FOR TRAINING OF JUDGES AND PUBLIC PROSECUTORS OF THE REPUBLIC OF MACEDONIA October 5 th 16 th, 2009 A) Place and period of event: From 5 th to 17 th October 2009, in the framework of the Exchange Programme for Judicial Authorities implemented by the, a professional exchange programme was organized in Skopje, Republic of Macedonia. Together with a criminal Judge and a public Prosecutor, both from Italy a Spanish public Prosecutor and a Czech civil judge, I was part of this group who participated on this programme, hosted by Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia. B) Agenda: The training agenda was elaborated and distributed to participants a few weeks before the events. C) Programme of the exchange First day, on the 5th of October, we meet Judge the Director of the Academy for Training of Judges and Public Prosecutors. She presented us this institution and also she made a general presentation of the judicial system of the Republic of Macedonia. The same day we had the opportunity to visit a training class, and to talk as well with the future judges and public prosecutors, discussing about our national judicial systems. On the second day, the 6 th October, we visited the Ministry of Justice of the Republic of Macedonia, and then, one after the other, we visited the Judicial Council and the Council of Public Prosecutors of Republic of Macedonia.

3 The Judicial Council is an autonomous and independent judicial body. The Council shall ensure and guarantee the comity and independence of the judicial branch, through performing its functions in line with the Constitution and laws. It consists of 15 members, elected for 6 years and it deals with electing and dismissing of judges and the residents of courts, establishes the termination of the judicial office, elects and dismisses lay judges, monitors and evaluates the work of the judges, decides on the disciplinary accountability of the judges, on termination of the judicial office due to permanent inability to work as a judge, on revoking the immunity of a judge, upon requests for approving detention for a judge, on the temporary suspension of a judge from the judicial office. The Judicial Council also nominates two judges in the Constitutional Court of the Republic of Macedonia from the ranks of judges. Regarding the organizational matters, The Judicial Council established the number of necessary judicial positions for the courts and to review and assess the quarterly and annual reports on the work of the courts. As a representative body, care for the reputation of the judges and the trust of the citizens in the judiciary system, as well as to act upon complaints by citizens and legal entities on the work of the judges and the courts. Public Prosecutor s Council is an independent body, which ensures and guarantees the autonomy and independence of the public prosecutors in the performance of their functions. It consists of 11 members elected for 4 years. Among his competences, Public Prosecutor s Council provide an opinion to the Government of the Republic of Macedonia in relation to the proposal for appointment and dismissal of the Chief Public Prosecutor of the Republic of Macedonia; select and dismiss public prosecutors, establish the termination of a public prosecutor s function and decide in second instance within the procedure for determination of disciplinary responsibility of public prosecutors; to make decisions in regard of incompetent and unconscious performance of duties by a public prosecutor; to monitor the work of public prosecutors based on the evaluation of their work according to the Law on the Public Prosecution Office; to decide relative to temporary removal from duty of public prosecutors. It also acts in regard to reports and complaints from citizens and legal entities regarding the work by public prosecutors.

4 The Council elects a public prosecutor in a Basic Public Prosecution Office according to the rating and successfulness from the list of candidates delivered by the Academy for Training of Judges and Public Prosecutors who have responded to the job advertisement. It elects public prosecutors in the Public Prosecution Office of the Republic of Macedonia, in the Higher Public Prosecution Offices and the Basic Public Prosecution Office for Prosecution of Organized Crime and Corruption from the list of candidates who responded to the advertisement and meet the conditions and criteria as provided by the Law on the Public Prosecution Office. On the 7 th October we went to the Basic Court Skopje I. In the Republic of Macedonia are 27 basic courts. The Court of First Instance Skopje I in is a crime tribunal of basic and extended competence. In Basic Court Skopje I Skopje, a specialized court department is created competent of trying acts in the area of organized crime and corruption for whole territory of Republic of Macedonia. We ve visited the Criminal Court, and after a meeting with the new president, that told us about the organization of the office and answer to our questions, mainly based upon the differences between participant s national systems and the Macedonian one, we could assist to a trial related with organized crime. Between 7th and 9 th October in OHRID was held a seminar on topic: APLICATION OF THE LAW ON JUVENILE JUSTICE in cooperation with UNICEF and we took part on this event. Main discussion of this seminar were related to practical implementation of the Law on Juvenile Justice (acting of the Public Prosecutor upon submitted criminal application, mediation, mediation and settlement procedure, the justification of the Indemnification Fund according to the Law on Juvenile Justice, the role of the Public Prosecutor in this procedure and prosecutors decisions, court procedure, sanctions against the juveniles and their aims, proposal of the Public Prosecutor on imposing a sanction without implementing a procedure)

5 On Tuesday, the 13 th October, back in Skopje, we had a meeting at the Appellate Court of Skopje. After having talked with the judges, we could observe trails. The Appellate Courts are established for the territory of several first degree courts designated with the Law on courts. They are competent for deciding on appeals against the decisions of the basic courts of their vicinity, deciding on conflicts of jurisdiction between courts of first instance of their vicinity, other work specified by law. The seats of the Appellate Courts are in Bitola, Gostivar, Skopje and Stip. The Appellate Court of Skopje has 9 basic courts under it, it is formed by 49 judges and 60 % of the second instance causes are judged there. For this reasons this Court is considered the biggest on his level from republic of Macedonia. We observed four trials regarding different crimes. On 14 th October, we went to the Basic Public Prosecutor s Office Skopje. The public prosecutorial function in the Basic Public Prosecution Offices is performed by the Basic Public Prosecutor and the public prosecutors in that office. The Basic Public Prosecution Offices proceed before the Basic Courts. In Macedonia are 22 Basic public prosecution offices. There we meet also public prosecutors and we had the opportunity to visit their offices and to see how they work, how they deal with a real case, in order to find out what kind of investigations have been done. We observe the procedural documents, the evidences. In the afternoon we visit the Basic Public Prosecutor s Office for Organized Crime and Corruption. The Basic Public Prosecution Office for Prosecution of Organized Crime and Corruption proceeds before the Basic courts with a specialized judicial department, in charge of adjudication of criminal offences in the area of organized crime. The public prosecutorial function in the Basic Public Prosecution Office for Prosecution of Organized Crime and Corruption is performed by the Basic Public Prosecutor for Prosecution of Organized Crime and Corruption and the public prosecutors in that office.

6 This visit was very interesting and useful for me, because I establish personal contacts with colleges who work in the same field. I present in a few words my department and offered my support for future international cooperation. On Thursday, the 15 th October morning, we visit The Higher Public Prosecution Office of Skopje. The public prosecutorial function in the Higher Public Prosecution Offices is performed by the Higher Public Prosecutor and the public prosecutors in that office. The Higher Public Prosecution office carries out supervision of the work and handling of individual cases by the public prosecution offices at a lower level. The Higher Public Prosecution Offices proceeds before the Appellate Courts. In Macedonia are 4 higher public prosecution offices. Same day, afternoon, we visit The Public Prosecution Office of the Republic of Macedonia. The Public Prosecution Office of the Republic of Macedonia is established for the whole territory of the Republic of Macedonia, with a seat in the city of Skopje. This is a single and autonomous state body carrying out legal measures against persons who have committed criminal and other offences determined by law; it also performs other duties determined by law. Public Prosecution Offices is established for the regions under courts of an appropriate instance, before which they are obliged to proceed. We find out that Public Prosecution Offices is organized as Public Prosecution Office of the Republic of Macedonia, Higher Public Prosecution Office, Basic Public Prosecution Office for Prosecution of Organized Crime and Corruption and a Basic Public Prosecution Office. The functions of the Public Prosecution Office are carried out by the Chief Public Prosecutor of the Republic of Macedonia and the public prosecutors. The Office is organized in accordance with the principles of hierarchy and subordination. The Public Prosecution Office of the Republic of Macedonia proceeds before the Supreme Court of the Republic of Macedonia. The Chief Public Prosecutor of the Republic of Macedonia, upon proposal from the Government of the Republic of

7 Macedonia, is appointed by the Parliament of the Republic of Macedonia for a term in office of six years with a right for re-election. There we have had a meeting with public prosecutors who answered to our questions. Our last day the 16 th October, was dedicated to visit the Supreme Court of the Republic of Macedonia. The Supreme Court of the Republic of Macedonia exercises the judicial power over the entire territory of the Republic with seat in Skopje. The Supreme Court of the Republic of Macedonia is competent for: deciding in second instance against the decisions of its panels when it is stipulated by law; deciding in third and final instance on appeals against the decisions of appellate courts; deciding in second instance upon appeals against decisions of the Administrative Court in cases foreseen by law; deciding upon extraordinary legal remedies against final court decisions and the decisions of its panels when stipulated by law; deciding upon collision of jurisdiction between courts of first instance from vicinities of different appellate courts; collision of jurisdiction between appellate courts; collision of jurisdiction between the Administrative Court and another court; and deciding on the transfer of subject-matter jurisdiction of these courts; deciding upon a violation of the right of trial within a reasonable time before the courts in the Republic of Macedonia at the request of the parties and other participants in a procedure determined by law. The most interesting aspect was that The Supreme Court of the Republic of Macedonia has a special section for complaints regarding the violation of the right of trial within a reasonable time, in order to avoid trails in front of the European Court of Human Rights. D) The hosting institution

8 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, and it is an independent, autonomous institution, with determined budget, premises, equipment and human resources, managed by the Managing Board in which are represented the institutions which are administrating the judiciary. The Academy s main purpose is to provide competent, professional, independent, impartial and efficient performance of judicial and prosecution function trough selection, based on precise and measurable criteria for selection and admission in the Academy trough double filter (qualification test and admission exam), for evaluation of the knowledge and activity of the candidates during the training organization and implementation of initial training of candidates for judges and prosecutors for passing the final exam and continuous professional training of judges and prosecutors and judiciary and prosecution clerks. The trainers are elected from the judges and public prosecutors as well as from the pool of the recognized experts from related field. 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, organizes and implements conferences, seminars and other forms of training and professional education. May also organize and implement training for lawyers, public notaries and the similar but without deranging the activity of the Academy. The Academy has established and is maintaining co-operation with similar local and foreign institutions, organizations and associations. 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

9 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 (EJTN) of the EU, held from 11 th to 13 th June 2007 in Trier, Germany, the Academy received an observer status. E) The law of the host country and comparative law aspect How I mentioned, I was very interested to have contacts with colleagues from Macedonia working in the same area (fighting against corruption and organized crime), to find out how they are organized and how they work, to see the good and the less good parts of my and there work comparing. The Basic Public Prosecution Office for Prosecution of Organized Crime and Corruption was established for the whole territory of the Republic of Macedonia, with a seat in the city of Skopje. Pursuant to the provisions of the law, specialized departments for monitoring and detection of crimes with a separate administrative office shall be established in the Basic Public Prosecution Office for Prosecution of Organized Crime and Corruption and in the Basic Public Prosecution Offices established for regions under courts with an extended jurisdiction. The public prosecutorial function in the Basic Public Prosecution Office for Prosecution of Organized Crime and Corruption is performed by the Basic Public Prosecutor for Prosecution of Organized Crime and Corruption and the public prosecutors in that office. The Basic Public Prosecution Office for Prosecution of Organized Crime and Corruption shall be competent to proceed in the event of: criminal offences committed by a structured group of three or more individuals, which exists for a certain time period and is active in order to commit one or more criminal offences that entail a prison sentence of at least four years, with an intent to acquire financial or other gain, directly or indirectly criminal offences committed by a structured group or a criminal enterprise on the territory of the Republic of Macedonia or other countries, or in instances when the crime was organized or planned in the Republic of Macedonia or another country; criminal offences of misuse of official position and authority, accepting bribes of a significant value and

10 illegal mediation, committed by an elected or an appointed official, authorized person or responsible person in a legal person; and criminal offences of unauthorized production and trade in narcotic drugs, psychotropic substances and precursors, money laundering and other proceeds of a punishable act, terrorist endangerment of the constitutional order and security, giving bribes of a significant value, unlawful influence on, criminal enterprising, terrorist organizations, terrorism, criminal offences of human trafficking, criminal offences of smuggling of migrants, trafficking of juveniles and the rest of the criminal offences against humanity and international law from the Criminal Code, irrespective of the number of perpetrators. In Romania we have two separate bodies, one for fighting against corruption and other for organized crimes. How they are organized, prerogatives and competences and special investigation techniques used, you can find out accessing next link: (click on English version) and Meanwhile, the institutional basis for detection and prosecution of organized crime and corruption has been improved and we have seen important cases in front of court in our visit (one of them mentioned). F) The European aspect of my exchange Even Republic of Macedonia is not (yet) a E.U. state member, the efforts to resolve the eight key priorities adopted by Council of the European Union as benchmarks for launching accession negotiations are evident, including the judicial institutions visited. In 2009 was adopted The Law on Internal Affairs, which introduces a career system for the police offices in accordance with best practices on European level. Same year, the

11 Government adopted the Analysis on the implementation of the Law on Administrative Disputes. On the session of the Judicial Council, held on , 6 judges were appointed from the candidates trained by the Academy for training of judges and prosecutors. At the same session, a Decision was made for publishing announcement for additional 9 judges in the basic courts, from the candidates trained by the Academy. The Annual evaluation of the work of all 655 judges, which started on , was completed on , with the evaluation of the presidents of the Courts. The evaluation was performed by the following grades: Very Good, Good, Satisfactory and Non satisfactory. The Judicial Council prepared a Report on the evaluation of the judges for the period of The new document on further judiciary reforms is available on the web site of the Ministry of Justice. The procedures for the employments in the court administration foreseen in the NPAA are ongoing. Selection procedures for additional staff are ongoing for the new court structures, i.e. the Higher Public Prosecutor s Office and the Appellate Court in Gostivar. Since the beginning of July, all the courts in the Republic of Macedonia have functioning web pages, with relevant information on their operation and cases, greatly contributing to transparency and visibility of the functioning of courts. ( unfortunately, not English version yet). The Amendments to the Law on Financing of Political Parties were adopted by the Parliament. The amendments impose stricter control on the financing of the political campaigns and the political parties in general. The Law on the National Intelligence Data Base is in government procedure. The final version of the Feasibility study for the National Intelligence Data Base was adopted on the meeting of the Steering Committee held on The Amendments to the Law on Conflict of Interests are in parliamentary procedure and were discussed at the National Council for European Integration. The amendments widen the scope of the Law (including public and civil servants) and set out the procedure for determining and sanctioning conflict of interests, as well as introducing misdemeanor sanctions for violations.

12 G) The benefits of the exchange I appreciated the excellent conditions created by the organizers for this event (the well balanced agenda, the conference rooms, the logistic materials and the high quality of translation). All the discussions became very interactive; the participants seemed interested in the practical solutions of the issues in debate and in comparing how the legislations our countries give solutions for the problems related to the judicial systems. Taking part in this professional training programme represented an opportunity of having a direct access to share the practical experience of the investigators and prosecutors from the Romanian National Anticorruption Directorate, to exchange information with the others judges and prosecutors. Exchange visit to the Republic of Macedonia was very interesting and useful experience for me. D) General impression, personal consideration and suggestions Based on my experience and questions addressed by the Macedonian prosecutors during this event, I consider that few issues need further to be addressed within similar and maybe more specialized visits: - Use of special investigative means, especially in organized crimes and corruptions cases. The Macedonian legal framework on this matter gives opportunities for misinterpretation and misuse in practice. In addition, the proper endowment with special equipment was repeatedly identified by participants as a key problem; - Interagency coordination and cooperation. The key of efficient prosecution is to ensure close cooperation between the prosecutor, investigators and experts;

13 - Immunity issues difficulties were mentioned by the participants with regard to the investigation and prosecution of officials that are benefiting of immunity as judges and members of the Parliament; - Guidelines for investigation of corruption and organized crimes cases. It is my personal opinion that, in the future, similar activities should be organized and Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia is a perfect host for this kind of events. SUMMARY EJTN EXCHANGE PROGRAMME MACEDONIA October 5 th 16 th, 2009 A) Institution visited: During the exchange we visited: - Academy for Training of Judges and Public Prosecutors; - Ministry of Justice; - Judicial Council of the Republic of Macedonia; - Council of the Public Prosecutors of the Republic of Macedonia; - Basic Court Skopje I; - Appellate Court of Skopje; - Basic Public Prosecutors Office Skopje; - Basic public prosecutor s office for organized crime and corruption;

14 - Higher Prosecution Office Skopje; - Public Prosecution Office of the Republic of Macedonia; - Supreme Court of the Republic of Macedonia. B) Activities: Meetings and discussions with members of the visited institution, with judges and prosecutors, and not less, with others members of the visitors group, about theoretical and practical aspects of their daily activity, comparing our judicial systems and trying to find the best solutions for problematic issues. C) The benefits of the exchange Taking part in this professional training programme represented an opportunity of having a direct access to share the practical experience of the investigators and prosecutors from the Romanian National Anticorruption Directorate, to exchange information with the others judges and prosecutors.