ANNEXE 7 European Judicial Training Network Exchange Programme for Judicial Authorities STANDARD REPORT (TRAINERS) Please download this document from the EJTN website (www.ejtn.eu) and return it duly completed to the EJTN (exchanges@ejtn.eu) within one month after the end of the exchange I Surname: Details of the participant First name: Nationality: CZECH REPUBLIC Function in the country of origin: PROSECUTOR Trainer at: national level decentralised level II Details of the exchange Host country: Germany City: Frankfurt am Main Host institution: Prosecutor s Office in Frankfurt am Main (Staatsanwaltschaft in Frankfurt a.m.) Period of the exchange: 08 till 19 March 2010 1
III Report on the host country s judicial training system A) Did the exchange enable you to gain a better understanding of the host country s judicial training system? Due to a very enthusiastic approach of all the involved German colleagues I had many meetings and got important documents concerning the initial training of the lawyers in the framework of the justice system and the continuous training of judges and prosecutors appointed to serve in the judiciary. The study stay enabled me to get the information on the German judiciary training system, to understand some differences between the German and Czech systems, to exchange the experience with the colleagues involved in training in the federal country of Hessen and inspired me to think about the methods and contents of the training in my own country. B) Please give a brief description of this system? (Please attach any useful documentation) In Germany there is a federal law concerning the judicial training system however the details can vary in singular countries (Bundesländer) due to the federal system of this state. The law on the educational (training system) Juristenausbildungsgesez JAG can be found on the web site of the Ministry of Justice http://www.jpawiesbaden.justiz.hessen.de In the federal country of Hessen the judicial training consists of - A. the initial training for the lawyers (Ausbildung) after the 1 st state exam passed at the law faculty who have been accepted to prepare themselves for the work in all the legal professions in the state mechanism Referendare and - B. the continuous training (Fortbildung) for judges and prosecutors after they have been appointed by the Minister of Justice (in the prosecution service Dezernenten). A. The initial training in the criminal, civil and other law branches is provided at the prosecution service and courts, but also at other state authorities so-called Stationen (such as Police, customs, land registry etc.) but also in the private law practice (Rechtsanwaltschaft). 2
There are appointed prosecutors and judges who are responsible for training the incoming lawyers in the framework of judiciary. The small groups (15 persons) are usually formed and the main method is a direct communication between the trainer judge/prosecutor and the trainee on the basis of the program covering all the topics in 3 months of their stay in one so-called station (Station). Among this form of training the lawyers work together with judges/prosecutors on the concrete criminal cases. In the framework of the stay at the court/prosecutor s service the thesis (Klausurarbeit) is to be written by the lawyers. The part of the education is also a oral presentation which is considered to be a very important part of the activity of a judge/prosecutor. The Judicial Academy (Justizakademie see also further) provides these lawyers with a wide range of the education (seminars) which is not obligatory but recommended. The seminars and meeting are published on the website of the Academy that is a organisational part of the Ministry of Justice (Hessisches Ministerium der Justiz, für Integration und Europa). After 2-year-education there is a 2 nd state exam. The successful lawyers can be appointed by the Minister of Justice among other profession as judges first provisional appointment (Richter auf Probe). Prosecutors (Staatsanwälte) are state officials (Beamten). All the basic issues can be obtained from the website of the Ministry of Justice in Wiesbaden/Hessen, especially concerning the Judicial Exam Board (Justizprüfungsamt) http:www.jpa-wiesbaden.justiz.hessen.de. B. The continuous training The responsible body for this continuous training is the Judicial Academy (Hessische Justizakademie) that is a part of the Ministry of Justice. The Ministry of Justice sets the basic issues concerning the education (themes for the seminars, topics, trainers etc.), and the Academy is to carry them out through the organizational and technical measures in the practice. The new judges and prosecutors appointed by the Minister of Justice work for a certain period under the auspices of their older colleagues (tutors) in the framework of so-called couching. This could also be considered as a form of the continuous training. The Judicial Academy in Hessen cooperates with the Judicial Academies for German judges and prosecutors which are the educational institution on the federal level and which are situated in Wustrau and in Trier. Further the Judicial Academy provides the judges and prosecutors also with possibilities to participate in the seminars and conferences in the foreign countries. 3
In the singular educational actions the European framework is a part of the education the seminars to a certain topic, e.g. the prosecution of a special form o criminality is always accompanied by the view of the European perspective, i. e. the information on the legal acts of the EU, harmonisation of the German law in the concrete field etc. The topics are often presented by the representatives of the EU, or by German specialists in the EU field or finally by the colleagues from other countries. The list of all educational actions is accessible for all the interested judges and prosecutors on the website of the Ministry of Justice. The system of the initial and continuous training strongly supports the will of the judges and prosecutors to educate themselves in order to meet the needs of a long-life education. The special part of the education of the prosecutors are the measures of the General Prosecutor s Office (Generalstaatsanwaltschaft in Frankfurt a.m.) connected with the transmission of the information on the new legislation, of experience of the foreign countries and good practice via the internal e-channels. The networking is on a high level and can be considered as a good tool for the prosecutors to get the information necessary for their daily work very quickly. C) How would you compare your own system to the system of your host country? I have not discovered any really basic differences. Maybe some organisational or rather technical differences could be found due to the federal system of Germany and speciality of the judicial system and of course also the legal system however they are not substantial. These may influence both the initial and the continuous education systems to certain extend however as to the aims of the education in Germany and in the Czech Republic they are the same. D) Which organisational methods and educational tools ( ) did you find particularly interesting and should, in your opinion, be disseminated more widely in Europe? The German educational system is very well elaborated as to its content, methods and tools. The system is on a very high level as to the organisational issues and stuff (both as the administrative stuff and the trainers). The systematic approach, evaluation of the results of the concrete seminar, conference etc. and the regular evaluation of the school year are recommendable. 4
E) Did you note in particular any methods or practices which in your view represent a more effective way of: a. making the best use of Community instruments in order to reinforce the confidence necessary for the mutual recognition of judicial decisions? The Community instruments are a part of the appropriate educational actions, especially in the continuous training (see above as to the Judicial Academy in Hessen and the German federal judicial academies). b. implementing the core principles of a fair trial within the meaning of the European Convention for the Protection of Human Rights and Fundamental Freedoms? These topics are covered in the same way as the EU issues see above. There are special educational actions or these issues are a part of the educational actions. With the support of the European Union 5