Newsletter January 2016 Activities from Continuous Training Program (CTP), Activities from Research and Publications Program (RPP) Other Activities
Activities from Continuous Training Program (CTP) Initiation of Investigation and special investigative opportunities On 19 January 2016, Kosovo Judicial Institute, conducted training on: Initiation of investigation and special investigative opportunities. This training aims to treat special investigative opportunities in order to contribute in overcoming uncertainties that exist in judicial practice such as the issue of interrogation of the parties and analysis of cases where evidence obtained during special investigation are admissible in court and on which the judgment can be based. The focused on elaboration of the decision to initiate investigations in criminal proceedings, general principles of the investigation phase, the role of the police at this stage, deadlines for conducting investigations and extension cases, suspension and termination of the investigation. In addition, were discussed the evidence, examination and admissibility of evidence obtained by special investigative opportunity, as well as the composition of the panel to review such evidence. The training was conducted interactively, where participants had the opportunity to present the challenges and difficulties faced in practice. Beneficiaries of this training were judges and prosecutors of basic level, as well as Kosovo police officers. 2
Expropriation and compensation for expropriation On 21 January 2016, Kosovo Judicial Institute within Continuous Training Program (CTP) conducted training on: Expropriation and compensation to expropriation. The purpose of this training was to analyze the legislation on expropriation procedure, identifying the prerequisites for expropriation, and distinguishing cases where expropriation body is the municipality and when the government' is the expropriation body. During the training initially was elaborated the purpose of public legitimacy, the necessity, non-discrimination and expropriation. With special emphasis were discussed the expropriation proceedings, the request for expropriation, preliminary ruling, final decision on expropriation, payment of compensation and conditions for the assignment and evaluation of damages. Also, during the training were treated types, terms and conditions that should be taken into account for the implementation of expropriation, positive effects of the effective implementation of compensation of expropriation, how the expropriation is determined, including compensation criteria, setting of the value, evaluation methods and legal conditions provided for determining expropriation. During the training were presented practical cases where participants had the opportunity to be acquitted with the best practices in this area. Beneficiaries of this training were judges of basic court from different regions and MO Officials. 3
Negotiation on plea bargaining agreement rate the possibility of negotiation a plea bargaining agreement, the steps to be taken by the parties in the proceeding regarding plea negotiations, description of parties actions during the negotiation of pela bargaining agreement, fulfilling legal conditions in order for the agreement to be accepted by the court, and the role of each state body in concluding the agreement. The main focus of the training was on discussions about the plea bargaining agreement procedure, where were addressed the negotiation of plea bargaining agreement, recommendations for a more lenient sentence, but not below the minimum set by the law, limits to what is extend is allowed to reduce the sentence, analysis of the position of the injured party in the negotiation procedure, the possibility to reject the agreement by the state prosecutor and the defendant. On 26 January 2016, Kosovo Judicial Institute within Continuous Training Program (CTP) conducted training on: Negotiation on plea bargaining agreement The purpose of this training was to elabo- During the training were also presented in a simple manner the procedural actions before the Court in reviewing the guilty plea agreement. During the training were presented practical cases where participants had the opportunity to be acquitted with the best practices in this area. Beneficiaries of this training were judges of basic court and prosecutors of basic prosecution office. 4
Domestic violence On 28 January 2016, Kosovo Judicial Institute within Continuous Training Program conducted training on: Domestic Violence. deciding on request for protection order, types of protection order measures and their duration, execution and consequences for not executing a protection order. Purpose of this training was to provide more knowledge to participants on domestic violence, consequences of domestic violence, who can require the protection order, judicial procedure to decide upon the request, as well as measures and their duration. During this training mainly were presented issues and dilemmas faced by judges relating to standard procedural actions on protection against domestic violence, as well as apply properly legal provisions regarding procedures and deadlines for deciding on requests for protection orders. Also were discussed the procedures for During this training were used practical cases where participants had the opportunity to gain the best practices in this area. Beneficiaries of this training were judges of basic court and professional associates. 5
The judicial review of an administrative act - challenges and procedural difficulties On January 29, 2016, within the Continuous Training Program (CTP), KJI has conducted training for judges on the topic "The judicial review of an administrative act - challenges and procedural difficulties". The training was intended to contribute to the further advancement of theoretical knowledge and practical skills in the analysis and proper implementation of the applicable legislation in this field, as well as to elaborate the possibilities of uniform finding solutions for the successful implementation of the judicial treatment procedure of administrative disputes in Kosovo Within this training there were elaborated issues related to the mode of initiation of administrative proceedings, persons and bodies that may commence an administrative conflict, review procedure, the procedural actions of the parties to the proceedings and actions of the administrative body which conducts the procedure. In this context, there were discussion about the means of proving in administrative review procedure, the participation of third parties in the proceeding and issues related to the completion of the administrative procedure. Dilemmas and questions addressed in this training were treated through partial theoretical explanation and concrete examples, as well as there were conducted discussions about the main principles and rules of the Law on Administrative Disputes and the Law on Administrative Procedure The beneficiaries of this training were judges of the basic courts in Kosovo. 6
Activities from Research and Publications Program (RPP) Legal research techniques On 26-28 January 2016, KJI with the support of GIZ conducted training on: Legal research techniques. This workshop aims to develop capacity building of trainers and KJI staff legal research techniques and to get them familiar with national and international data bases that provide legal resources and other materials needed for the work of the judiciary. During three days training a German judge Mr. Christian Happe, elaborated sources of legal research of national and international level with special emphasis on HUDOC and data bases from the German perspective as such as JURIS, BECK ONLINE and other data bases of courts which are exclusively for publishing court decisions. Within the framework of this workshop, special attention was paid to the electronic library of KJI. Whereas the access and clarifications manner regarding the type of legal materials provided by this database was elaborated by KJI staff. During the workshop judges and prosecutors expressed the need for publication of judicial decisions at all courts with the purpose of unifying the practice and approaching cases with more professionalism. Beneficiaries of this training were judges and prosecutors who are at the same time KJI trainers and KJI staff. 7
Meeting of Editorial Council of KJI Publications On 29 January 2016, at Kosovo Judicial Institute was held a meeting with Editorial Council of KJI Publications. The purpose of this meeting was to review and improve the quality of the materials for publications and to discuss about technical rules of publications. The Editorial Council emphasized the importance of the quality of publication letter Opinion Juris magazine and the needs of the judiciary and legal professionals in practical aspect. During the meeting were discussed also the proposals for publications upon which the Editorial Council decided according to the competencies set by the KJI Regulation on Research and Publication. 8
Other activities Workshop with KJI trainers for drafting training agendas for the period of February April 2016 On 21-22 January, KJI in cooperation with GIZ conducted a workshop with KJI trainers that will be engaged in trainings organized within Continuous Training Program. The workshop was organized with the purpose of drafting of the structure, agenda and the training content. During this workshop were trainers were assigned and were filled in the forms for implementation of the training program Another goal of this workshop was to discuss about respecting the training manual deadlines and other relevant obligations coming out of the training process. Within this framework were also discussed the challenges toward implementation of the training and respect of training methodology by the assigned trainers. In workshop was determined to enable trainers who have joint trainings to coordinate topics that they have to cover during the training, what materials should be developed, which interactive methods to use and to set the timing necessary to achieve training objectives. Beneficiaries of this training were KJI trainers engaged in CTP for the period of February April 2016. 9
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