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Twinning Project Support to National School of Judges of Ukraine funded by EU

  

TWINNING PROJECT

 «SUPPORT TO NATIONAL SCHOOL OF JUDGES OF UKRAINE»

(Expired in July, 2011)



1. SPECIFICS OF TWINNING PROJECTS


   

Twinning under the European Neighborhood and Partnership Instrument (ENPI) is an initiative of the European Commission and a cooperation tool between public administrations in a partner country and an equivalent institution in an EU member state.

The Twinning concept foresees close cooperation between a Member State’s party and the beneficiary with the goal to raise the standards in different fields of administration and approximate domestic legislation and its execution to EU standards.

The overall objective of such projects is improving stability and security of eth EU’s neighborhood and to share common values.   

Project «Support to National School of Judges of Ukraine» (UA08/ENP-PCA/JH/11) was the first Twinning project in the field of Judiciary in Ukraine.


2. PARTNERS OF THE PROJECT

Main beneficiary - National School of Judges of Ukraine.

The High Qualification Commission of Judges of Ukraine and the Council of Judges of Ukraine were important Ukrainian stakeholders of the Project;

Project executing agency – Austrian Federal Ministry of Justice through the Austrian Center of Legal Competence Promotion in Eastern Europe and Central Asia (CLC) as outsourced mandated body created as a non-profit association which is specialized in implementing  EU and other projects related to the judiciary in legal sphere, as implementing body

   Austrian side:

  - Project Leader – judge Doris Obereder,

  - Resident Twinning Adviser – judge Kurt Weisgram.

  - National School of Judges of Ukraine:

  - Project Leader – Nataliia Shuklina, Vice Rector;

  - Ukrainian partner of Resident Twinning Adviser – Tetyana Fuley, Head of the Department of researches on problems of legal proceedings and its improvement.


3. MAIN FEATURES OF THE PROJECT

  

  Implemented in the framework of Instrument of European Neighbor Policy.
  It is foreseen close cooperation and mutual assistance between National School of Judges of Ukraine staff and Ukrainian judges, and Austrian judges, Project’s experts, and with the participation of representatives of High Qualification Commission of Judges of Ukraine, Council of Judges and other judicial institutions.
  Framework: 24 month (July, 2009 – June, 2011).
  Financed by EU, budget Euro 1,1 million (Austrian partner of the Project as a recipient and provider of experts’ assistance and events arranging; 30 Austrian experts recruited).
  Supervised by European Commission and the Delegation of European Union to Ukraine.

  
4. PROJECT CONTEXT


   Support efforts of Ukraine in improving of national system of training of judges in order to establish effective, transparent and reputed justice, and effective judicial system.

  

Components of the Project:

А: Initial training (training of candidates judges)

В: Testing (criteria for the examination of candidates judges);

С: Ongoing training (training of judges).


5. EVENTS CONDUCTED AND RESULTS ACHIEVED


Component А: Initial training (training of candidate judges)

А.1.

Monitoring visit of Austrian experts resulted in a comparative study on EU best practices on initial training and Ukrainian system. Needs and Gaps Analysis on judicial training in Ukraine was elaborated. Results of the work were presented as a report.

А.2.

8 faculty’s representatives of Academy of Judges of Ukraine visited Romania and Portuguese to get acquainted with system of training of candidate judges.

 А.3.

 Based upon the Needs and Gaps Analysis on judicial training in Ukraine (A.1), the Initial Training Programme was designed for judges in Ukraine (theoretical and practical part).

 А.4.

 Based upon the Initial Training Programme (A.3) and experience gained from the study visit (A.2), training curricula for initial trainings of future judges were drafted.

 А.5.

 Based upon the curricula (A.4) and in close cooperation with Council of Judges of Ukraine, the Curricula for Training of Trainers with regard to initial training of future judges (theoretical and practical aspects) were designed focusing on training methodology and innovative methods of work with adult professional audience.

 А.6.

 Considering the Initial Training Programme (A.3), experience gained from the study visit (A.2), and Curricula for Training of Trainers (A.4), guidance for and supervision of preparation of training materials for initial trainings were elaborated. They were designed as practical manuals (both published and electronic form), containing advices on methods of communication with parties litigants, victims and child witnesses, time management, etc. Basing upon the information provided by Ukrainian side, Austrian experts made a brief overview of those pedagogical and methodological principals that could be background for initial trainings.

 А.7.

 Based upon Initial Training Programme, Curricula for Training of Trainers, and using  guidance for and supervision of preparation of training materials for initial training of judges (A.6), 2 training cycles were conducted (two 3-days seminars in each) for 52 participants (including 46 judges) who would be engaged in further training process within National School of Judges of Ukraine. Every 1st day of each seminar was used for introducing trainees to teaching methodology and didactics, and the 2nd day was dedicated to implementing role games in teaching process. On the 3rd day participants were separated into three small groups, each of which drafted its own programme of 1-day seminar. During next cycle of enhancing capacity each group held 1-day workshop - grounding on the designed programme - for their own colleagues (judges-trainers) who participated in trainings.

 А.8.

 Providing legal consultations on initial training of judges, Austrian experts examined draft Procedures for training of judicial staff at National School of Judges of Ukraine and draft Procedures of competitive selection of National School of Judges’ faculty (developed by experts of Academy of Judges of Ukraine) and made their suggestions.



Component В: Testing (criteria for the examination of candidate judges)

В.1.

Monitoring mission of Austrian experts was conducted and assessment report on judicial testing in Ukraine was done. Needs and Gaps Analysis, identifying the current short-comings of judicial testing system in Ukrainian judges was prepared.

In addition, interviewing of judges (1000 head of courts and judges) on necessity of initial trainings of candidates judges, their duration, and relevant correlation of theoretical and practical elements of training was done.

В.2.

To be familiarized with system of selection of candidate judges, methods of testing, to be informed about the administration, organizational and institutional structures (roles, attributes, functioning, working practice, etc.) for testing of candidate judges, and to study relevant experience of the EU Member States on the topic a study visit was arranged to Austria and Netherlands for 8 staff members and trainers (faculty) of Academy of Judges of Ukraine, representatives of State Court Administration of Ukraine, High Qualification Commission of Judges of Ukraine and Council of Judges of Ukraine.

В.3.

As a result of Austrian experts’ missions and cooperation with Project «Ukraine: Rule of Law» definition of the subjectives and objectives of the entrance tests were identified and criteria for the qualifications needed to become a judges were developed.

В.4.

Based on the Needs and gaps analysis elaborated during the activities within components A.1 and B.1, on the experience gained during the study visits (A.2 and B.2), on curricula and programmes of initial trainings (A.3 and A.4) as well as the definition of the subjectives and objectives of the entering tests and criteria for the qualifications (B.3), models for written tests were developed.

В.5.

Based upon the defined subjects and objectives of the entering tests and criteria for the qualifications needed for future judges, and in line with the assistance provided to the modus of the test (B.4), the experts’ assistance to the development of a profile for examiners based on best practice examples of the EU Member States (A.2 and B.2) was provided.

В.6.

Based upon the profile of examiners (B.5), training materials for the examiners were developed.

В.7.

During the first cycle of selection of candidate judges (in line with Ukrainian Law on Judiciary and Status of Judges, adopted in July 2010) and in the process of drafting tests and cases National School of Judges of Ukraine conducted the workshop-presentation of Austrian examination system (42 participants). The workshop’s informational materials were illustrated by practical examples on methods of developing cases for selection of candidates and interviewing techniques. Consultations were provided to National School of Judges staff, developers of tests and cases, and the Secretariat of High Qualification Commission of Judges of Ukraine.


Component С: Ongoing training (training of judges)

С.1.

Monitoring mission of Austrian experts was conducted; assessment report on the legal and institutional situation with regards to ongoing judicial training in Ukraine was developed; a comparative study on EU best practices with an emphasis on implementation of EU legislation in new EU Member States and Ukrainian system was conducted. Needs and Gaps Analysis on needs for ongoing training of judges in Ukraine was done.

С.2.

Study visit to Slovenia (EU Member State) was arranged for 8 representatives of Academy of Judges of Ukraine to get acquainted with system and curricula on enhancing capacity of judges established in this country.

С.3.

Agenda of 3-days training seminar for judges on EU law was developed.

С.4.

Based on the agenda (C.3) handouts for 3-days training seminar for judges on EU law were elaborated (printed and electronic form of materials available).

С.5.

Eight 3-days training seminars on EU law were conducted for 136 judges (in Chernivtsi, Donetsk, Kharkiv, Lviv, Odesa and Sevastopol regional branches of National School of Judges of Ukraine and in Kyiv).

С.6.

The concept paper on the development of e-learning (distance-learning) for on-going training of judges at National School of Judges of Ukraine was developed.

С.7.

Based upon the concept paper on the development of e-learning for on-going training of judges (C.6), e-learning training materials were developed to be used as a pilot model on the following topics: «The European Union», «The Council of Europe», and «Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms». These materials were posted on МOODLE distance-learning platform.

С.8.

Workshop on methods of training materials segmentation and designing e-learning courses to be further posted on МOODLE distance-learning platform was conducted for 10 participants (staff members and the faculty of National School of Judges of Ukraine).