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Experience of initial training of candidates for a post of judge and newly appointed judges in the member States of European Union

Marina Samofal,

Chief Researcher

Department of methodological support of

the High Qualifications Commission of Judges of Ukraine

National School of Judges of Ukraine

UDC 342.565.5

Experience of initial training of candidates for a post of judge and newly

appointed judges in the member States of European Union

The article reviews the practice of initial training of newly appointed judges and candidates for judicial appointment in the member states of European Union. Based on the review, conclusions on overall practice of such training have been made.

Keywords: initial training, newly appointed judge, judicial candidates, selection of judicial candidates.

High level of training of the judicial corps is one of the prerequisites to the successful functioning of the judicial system, as well as compliance with the key principles of fair administration of justice, and therefore, the rule of law, protection human's rights and freedoms in the country.

Taking into account that the activity of a judge, as a lawyer has the highest social value and acquires a special meaning in a democracy, where the rule of law cannot be achieved through the use of brute force, but only by increasing confidence in the institutions that establish laws and exercise control over their application [1, c. 212], one of the most important issues for each country is the quality training of the candidates for judicial appointment and newly appointed judges. First of all, that judicial activity is a special type of professional legal practice, and therefore requires special knowledge, skills and abilities.

Realizing this, the European international community in para. 2.3 of the European Charter on the law "On the Status of Judges", adopted by the Council of Europe on October 7, 1998 [2], stressed the need for special education at state expense of candidates selected to exercise the judicial functions.

The current system of candidates training in Ukraine is rather new. Thus, in 2013 the National School of Judges of Ukraine, for the first time in the history of independent Ukraine held special training of judicial candidates. Despite the successful launch, some deficiencies in regulation of special training were identified, in particular, were criticized: the length of training for judicial candidates, which today is 6 months; availability of distance learning; differences from various educational databases in preparing of candidates and more. As for the training of newly appointed judges, currently the National School of Judges of Ukraine is working on the development and introduction of special initial course, targeted to this specific category of hearers.

This situation prompted us to analyze the practice of teaching foreign candidates for judicial appointment and newly appointed judges, including EU countries (hereinafter - the EU) in order to gain the best international experience. The main basis for the analysis of foreign practice became the study of the legislation of the EU Member States, conducted in 2013 by the European judicial training network (European Judicial Training Network, EJTN) [1] on the basis of their responses to the request of the Organization[3]. Before turning to the presentation of the general characteristics of initial training for the candidates or newly appointed judges in the EU, we consider it necessary to draw attention on two factors that are crucial for understanding of the initial judicial training.

First, peculiarities of training of the newly appointed judges are affected by the selection procedure. In most EU countries the selection of judges is conducted by the competition, the results of which, persons successfully passed the competition, immediately get judicial appointment and undergoing initial training in the workplace, or enrols to an educational institution and only after successful completion of training, receive a chair. Thus, it is important to distinguish between countries that carry out the training for candidates for judicial appointment and countries, where such an activity is not performed, but exists the initial training of newly appointed judges.

Secondly, it seems clear that the requirements to a judicial candidate, especially regarding the educational level and experience, largely affect the features of initial training, it's: duration, obligation, availability of external training in others, except judicial bodies etc.

Considering this, we offer to examine in detail the above mentioned dependencies through understanding of the practice of several European countries.

The Republic of Austria

Requirements for the judicial appointment are: Austrian citizenship, legal education, five months of judicial opinion. According results of the practice, courts provide candidates with characteristic, only after this, candidates are allowed to pass the exam. Persons, who successfully pass it, are recognized as judicial auditors and continue further training.

Preparing of candidates continue four years, after which is composed a written and oral exam In case of a negative test result, a candidate may retake it after six months. The examination board consists of five members, at least two of which shall be judges and one practitioner lawyer. The final decision for judicial appointment of the candidate is accepted by the Minister of Justice, on the recommendations issued by the meetings of judges of regional and higher regional court.

Usually, candidates for the judicial appointment are persons under the age of thirty. Training of candidates for judicial appointment is performed together with training of candidates for the position of prosecutor. After the four-year study, person trained, can apply both for a vacant chair of judge and prosecutor.

After appointment to the judgeship, the training is not conducted, while there is a legal requirement to a judge on possession of actual knowledge. Currently, the state put forward proposals concerning the training of sitting judges and prosecutors at their request.

During four years of practical training, hearers are changing their places of practise approximately every three months in order to obtain a comprehensive understanding of the legal system of the country. In practical training Hearers passing theoretical study: in the beginning of the course of training, theoretical classes are held once a week; in later stages of trainings such classes may last up to several weeks, classes all day long, every second week and special multi-day seminars.

Hearers have to pass also the so-called "external training": training in the penitentiary system lasts for fifteen days; in the lawyer's office - eight days; in social services - ten days. Optionally, candidates for judicial appointment can also pass training in the Ministry of Justice, department of imprisonment, approbation department, and authorities of the financial sector.

The Grand Duchy of Luxembourg

Participation in the selection of judicial candidates that is conducted by special commission is open for experienced lawyers, who know three languages and is physically, mentally and psychologically is suitable to the profession. The initial training of candidates for judicial appointment and prosecutors is held jointly and lasts 18 months. An external training is mandatory. The average age of the candidates is up to thirty years old.

Obligatory condition of entry to the judicial corps also involves passing an exam on judicial opinion, after a course of practical training. Typically, such training is performed by advocates-interns. After completing training for judicial appointment in court, a hearer receives the title of Justice Attaché for two years and continue further judicial candidate training in this status. The process of internship is under control of a special committee, consisting of judges and representatives of the Ministry of Justice. After completing the internship, the committee prepares the appropriate conclusions and rank students. In case of negative conclusion, the intern candidate is rejected. The endorsement is the key to the profession, however, if there are no vacancies, the person continues to work as Justice Attaché till the discovery of the relevant vacancy [4, p. 76 -77].

The Republic of Estonia

For selection of candidates for judicial appointment the Committee on judges examination conduct a written and oral exam of candidates and evaluates their personal qualities. Previous experience is an advantage, but it is not mandatory, while the presence of the degree of Master of Laws is a necessary requirement. However, a candidate who has no work experience shall pass two-year training, working as a court clerk.

The decision on judicial appointment is taken by the Minister of Justice. Newly appointed judges usually are not younger than 35 years.

The initial two-year study of a judge is mandatory. Given the fact that corps of judges in Estonia is not very large (about 230 judges), the annual number of Hearers is less than ten people, thus a kind of full-scale training program in the country is absent. Judges attend various kinds of training events and several special courses ("Judicial Ethics", "Case administration", etc.). The vast majority of exercises is held in the courts under the supervision of appointed executive career. The obligation to pass an external training out of courts is absent. After the initial training, judges take the exam.

The responsibility for preparation of court clerks and judges lies on the Supreme Court of Estonia, where a special department for training has been created. Training strategy is determined by the education Board, a self-governing organization of judges.

The Italian Republic

The selection procedure for judicial and prosecutors candidates and their initial training in the country is held jointly.

As in many other countries, those who wish to participate in the selection for judicial appointment should pass an initial training. The next stage is training of existing judges. It provides initial training, which lasts eighteen months, and training of judges that already perform their functions [5, p. 30-35].

In selecting candidates for judicial appointment in Italy there are some limitations. In particular, the right to participate in the procedure have individuals with a legal background, who passed additional theoretical and practical specialization. Participants in the procedure of selecting are being trained in universities and schools of postgraduate training for lawyers, where candidates study for two years after passing special entrance examinations. The alternative to such a study can be academic studies with a scientific degree obtaining.

In addition, most people who want to become judge are trained in private schools at special courses. These courses passed the bigger part of those, who became a judge. However, this trend reflects deficiencies of postgraduate education institutions for training lawyers.

Selection of candidates is held by commission, created by the High Council of Justice, and composed from judges, prosecutors and scholars through written and oral exam.

Initial training of judges lasts eighteen months, six months takes training at the School of Magistrates. It consists of theoretical studies and external training (in the penitentiary system, social services, police departments, banks, etc.): six months of training in various judicial and penal institutions, six months of training exclusively in court with a focus on the chosen specialization. Hearers are evaluated by mentors.

School of Magistrates is working in the fields of education, defined on the basis of recommendations of the High Council of Justice and Local Councils of judges.

The Kingdom of Belgium

There are three options on how to get judicial and prosecutor appointment:

- Special training- for lawyers who have little experience;

- an examination of professional competence with the appropriate degree of difficulty - for more experienced lawyers (with experience in the legal profession for at least ten years) that may avoid training course;

- an oral exam - for lawyers with at least twenty years experience or for those that have at least fifteen years of experience and have worked at least five years on position that requires deep and truly knowledge of legislation [6, s.188].

The first option is the selection of judges through public competition for persons with law degree and one year of experience in the legal field. The decision on the judicial appointment, shall be taken by the Minister of Justice, and for the initial training of judges and candidates for judicial appointment is responsible the High Council of Justice.

Preparation of judicial and prosecutors candidates are slightly vary. Thus, the total duration of initial training of judges is three years, and the prosecutor - eighteen months. However, in the first period of training judges and prosecutors are trained jointly. Hearers, who before entering training courses used to work as a court lawyer or at the prosecutor's office for at least three years are released from part of the course.

The process of candidates for judicial appointment preparing is an alternate of group trainings with individual trainings in court. In carrying out its functions in a court or prosecutor's office hearers may pass «adhoc» courses at the Federal Institute for preparation of judicial officers, this institute also perform trainings for sitting judges, prosecutors and court and prosecutors staff. The Institute has an independent status, but the program shall comply with the recommendations of the High Council of Justice.

Candidates for judicial appointment are required to undergo an external training for six months while prosecutors for three months only. Hearers can plan their own training program and choose different institutions for internships (penitentiary system, public entities, social services, law firms offices), except international organizations. Special Commission approves their internship program for external bodies.

If the assessment training results of candidate is negative, a special commission appeals to the Minister of Justice, who may decide to exclude the judicial candidate.

The Kingdom of Denmark

There is no open competition for judicial appointment in the country. Instead, there is a practice of taking on the position of judicial assistant of individuals wishing to become a judge.

Judicial appointment of the person is established by the Minister of Justice under the recommendation of Council for judicial appointment. It consists of: Supreme Court Justice, High Court Judge, a District Judge, legal practitioner, two representatives of NGOs.

The State Court Administration is responsible for training of judicial assistants, as well as the newly appointed judges. This authority, while conducting verification of individuals wishing to become judicial assistant, studies documents on education, experience, recommendations of former employers, information on training and after conducts an interview.

Usually judicial assistant's age is about 25-40 years old, and judges - 40-70 years old.

During the first three years of employment a judicial assistant passes the basic training. The study course consists of nine courses, lasting 1-3 days each. Training of judicial assistants is conducted by judges.

During the first three years a judicial assistant is offered to pass an internship, at least at two external institutions. Internships last two months and can take place at the State Court Administration, prosecutor’s office, law firm or the Ministry of Justice.

If a candidate failed to obtain the necessary level of knowledge, then the question on the prospects of its further study is considered.

The three-year study course ends with oral examination, conducted by the State Court Administration.

The Kingdom of Spain

Selection of judges and prosecutors is carried out through written and oral exams. Candidates for judicial appointment are trained at the School of the General Council of the Judiciary and for the position of prosecutors, at the Centre for legal studies. Duration of initial training for candidates - two years (one year of theoretical training and one year of practical training in court as an assistant under the supervision of a judge-mentor [7, p. 301 - 308] and external training), while candidates for Attorney study six months (four months - a theoretical course, two months - practical course).Training of judges and prosecutors is conducted separately. The age requirement for judicial appointment is 30 years old.

Training programs that are developed by General Counsel's Office school should be approved by the General Council. It finishes with an exam. If a candidate receives it negative, it leads to exclusion from the selection procedure.

The Kingdom of Sweden

Selection of permanent judges is exercised by independent state agency. It makes proposals to the government on candidates for appointment. Selection is based on data on reputation and level of education of the candidate. Judicial candidate shall have a law degree and experience in the field of law for at least eight years.

There is practice in the country of training candidates for permanent judges. Most permanent judges are passing such training, although this is not mandatory.

To participate in training programme a judge applies the Court of Appeal after two years of practice (internship) at first instance.

The curriculum is designed for judges to be passed in four years, one year of practice in the Court of Appeal, two years in the court of first instance as a judge, and then one year of practice in the Court of Appeal again, but as a judge. The Court of Appeal takes judges to office with the six-month probationary period. If a person meets the requirements for the position, than he receives a permanent job in the Court of Appeal, but not permanent seats of judge.

After completing the training program a person should work in the executive branch from two to ten years in order to become a permanent judge.

If the training results are unsatisfactory, the candidate is likely never be able to be appointed as a permanent judge, but the judge can continue to work with a lower wage, comparing to permanent judge, appointed for life.

During the training course judges attend 11 various courses and seminars, each lasting for one week. Theoretical study is conducted by the Academy of Justice.

The Republic of Lithuania

A post of judge of the District Court can claim citizen of Lithuania, who has a good reputation, legal education and meets the requirements, set by law. In particular, he shall submit the following certificates: on absence of criminal records (security clearance certificate), on the right of access to the restricted information, on state of health, documentary evidence of his five-year experience in legislative sphere, and successfully pass an exam.

Initial training of candidates for judicial appointment consists of a theoretical part (sixty-six hours), which conducts the National Court Administration at the training centre and practical training, which takes place directly in the district or regional court, a one-month (normally three weeks before the District Court and one week in the regional court). External training is not practiced.

Candidates for judicial appointment to the district courts, or courts of first instance, are elected by public oral procedure of selection. The list of candidates for the vacancies in the district courts, that have passed the exam, is approved by the President of the Republic, the Council of Judges and the Committee for selection of judges.

The Republic of Poland

For the selection of judges is declared a national competition. It is carried out by General Assembly of Regional Court judges, and National Council of Judges, who choose one candidate for the position. However, there is another way to the judiciary for persons, who used to work as the prosecutor, lawyer or legal counsel, or have the rank of professor at the university. Except the last three cases, the average age of candidates is less than thirty years.

Potential judges and attorney study together. Training continues for twelve months. External training in the penal court for period of ten days and training in public bodies for the term forty-five days.

National School of Judges and Prosecutors is subordinated to the Minister of Justice.

Portuguese Republic

Selection for training in Training Centre judiciary is carried out by the results of examinations for the two categories of candidates:

- graduates with no work experience;

- persons with a doctorate in law degree or experience in areas related to performance of the functions of a judge, the actual duration of which at least five years [8, p.102].

Selection is made by passing oral and written examinations, covering all areas of law. The exam also includes essays on the cultural, social and economic issues. The examination board is appointed by the Minister of Justice.

Initial training lasts for three and a half years, the first year hearers spend mainly in the Centre of judicial officers training, the second year they work in court under the guidance of an experienced mentor judge. The remaining half of the year the hearer also spend in court, but he is provided with title of judge intern. Judges interns are performing professional duties under the supervision of judge-mentor and are responsible for their actions.

Future judges and prosecutors who came to the Centre, with experience, are trained at the second stage for only six months, but this period may be expressly renewed by the pedagogical council on the submission of Director, but not for more than six months [8, p.103].

Evaluation of achievements made by hearers is performed through interim and final audits, on the results of the first two years of study.

The Republic of Bulgaria

There are two types of tests for judicial appointment as a judge of first instance: public competition to fill positions for junior judges and competition to fill the positions of real judges of first instance. The first competition is designed for young lawyers, who have no professional experience, and the second is for the experienced lawyers. Both competitions consist of written and oral exam and conducted by examination commission, appointed by the Supreme Court. The Supreme Court also decides on the judicial appointment.

Training of judges and prosecutors is separated, although it has some common features. It lasts for nine months, but practical training lasts for more than one year. Practical training is held in the courts, prosecutor's office and penitentiary institutions. The evaluation study is performed by curators of course. Training ends with graduation exams.

The Institute, which conducts training of judges, is an independent legal entity that has a functional connection with the Supreme Court and the Ministry of Justice. Its activities are funded from the budget of the judiciary and funded from various projects and programs.

The Republic of Cyprus

There is not public competition for judicial appointment in the country. Persons who wish to occupy the post of judge and have six years of experience in the field of law, shall appeal to the head of the court of the region where they practice. The chief judge examines the position of all judges concerning the candidate and submits a report on the results of this review to the Supreme Court. The Supreme Court conducts interviews with candidates and selects the best one. The decision on the judicial appointment, accepts the High Judicial Council that is independent from the executive branch. Training for the candidates for judicial appointment is not performed.

The Republic of Slovenia

Selection of Judges is carried by the Council of Judges on the basis of assessments certificate of higher education and previous experience of the candidate.

Having graduated, the candidate might have at least three years experience in court, as a lawyer of other institution or as a notary. Typically, most future judges come from the courts. The question on the appointment is considered by the Ministry of Justice. Candidates for judicial appointment should be over thirty years old.

Training of future judges, prosecutors, lawyers and notaries is organized by the Ministry of Justice and Legal Training Centre. Practical training for the candidates for judicial appointment to trial courts, take place at the Higher Court and in some cases in the Supreme Court.

Romania

There are two ways to judicial profession, both include public selection process:

- for law schools graduates without experience - candidates are passing two-year training at the National Institute of Magistracy;

- for those with more than five years of experience in legislative sphere is open the direct access to the judicial profession, but such individuals shall undergo six months of training at the Institute of Magistracy after their appointment.

The Commission, which carries out the selection of candidates, is appointed by the Supreme Council of Magistracy on the proposal of the National Institute of Magistracy. The question of the appointment decides the High Council of Magistracy.

The two-year training for candidates for judicial appointment contains theoretical and practical components. The second year of study hearers are spending in courts. Training of judges and prosecutors is conducted jointly. .

Hearers are also passing an external training: on mandatory basis in public bodies and lawyer's offices, and an optional in international organizations and National Institute of Criminology.

Hearers, who receive a negative evaluation for the period of study, should pass a written exam. If it will also be negative, the candidate is subject to exclusion.

National Institute of Magistracy operates under coordination of the High Council of Magistrates, which is an autonomous public institution and the guarantor of independence of judiciary.

The United Kingdom of Great Britain and Northern Ireland

The list of criteria for judicial appointment may vary depending on the position, but usually there is a requirement of the need for a five-year experience in the field of law. In the selection of judges examination is not provided. Typically, judges of lower levels a qualification test is carried out with, in order to reduce the number of further interviews. Those, who scored the highest results are invited to the so-called "selection day" which involves consideration of applications and recommendations of candidates for the test, interview and role-play. In the selection of the preferred candidates who have experience of gratuitous judge. According to the Commission's conclusion on the judicial appointment the Minister of Justice decides on the appointment.

There are no formal requirements for the age of judges, but it would be unusual to see a judicial candidate of the lowest level under 35 years old.

Initial training of judges usually consists of two parts: the 5-10-day holding hearings with senior judges and five-day course of induction before the first hearing (internal training).

In the early stages of operation, new judges have the support of a mentor judge and curator. The training of young judges is organized by the Council for judicial training. It is in the responsibility of the Lord Chancellor.

Young judges are evaluated by judge-mentor that was present during sessions held by them, as well as by internal training course director. In case of negative evaluation a judge-mentor or course director may propose to extend the study of a particular judge.

The Slovak Republic

Selection and training of judges and prosecutors is held separately. Judicial candidate shall pass the judicial exam. Persons, who have passed lawyer, notary or expert examination for lawyers in commercial law, don't have to pass competitive examination.

A candidate may not compose any of these exams, if permitted by the Minister of Justice and agreed by the Council of Judges of the Republic, if he is an outstanding figure in the legal field and working in this field for more than twenty years.

Committee for selection of judges consisting of five members appointed by the Chief of the court where selection is conducted. Age of judicial candidate should be at least thirty years old, while the post of Attorney requires twenty years only.

Special training for candidates for judicial appointment in the country is not provided.

However, in order to pass examination, the candidate has to work in court as the highest judicial officer. During the work performance, he has to attend special courses at the Academy of Judges of the Slovak Republic. Assessment of the acquired knowledge, the candidate receives from the chief of the respective court.

Judicial candidate is allowed to compose examination only three times. If all attempts are unsuccessful, the candidate is not allowed to take examination in the future, but can continue work as a judicial officer.

The Republic of Hungary

Training future judges and prosecutors in the country is carried out separately, so for the training of judges is responsible the Hungarian Judicial Academy and the training of prosecutors are secured by Hungarian training centre for prosecutors. Recently it was proposed to unify training of candidates for judicial appointment or public prosecutor.

Clear selection criteria for judicial appointments is not stipulated, however, a judicial office candidate should have a conclusion of a psychologist on professional fitness and have work experience of judicial assistant or court clerk.

Persons who have a law degree and three years of experience, or such as passed the exam, which entitles to practice law, may be appointed for the position of judicial assistant or court clerk. Training of judicial assistants and judicial secretaries lasts for several weeks and provided by the Academy of Justice. Evaluation studies are carried by mentor.

The Federal Republic of Germany

Appointment and training of future judges in Germany is the responsibility of certain lands. Procedures and selection criteria vary by geography. A common requirement for all participants is the presence of legal education, and additional criterion is presence of legal experience or degree. Candidates for judicial appointment should pass two exams. The issue of appointment is usually decided by the Ministry of Justice of the relevant land. In many lands it is mandatory for a candidate to pass an oral interview with the chief the higher regional court or a person with a similar position.

German law provides two years of study, after taking the first exam. the end of training includes the second examination. Rather common is practice of joint training of judges and prosecutors. At each stage of training of candidates for judicial appointment provides to mentor (a judge, prosecutor, lawyers under the direction of practical training). Evaluation of outcomes is performed on the basis of exam and recommendation of mentor.

National education institution for judges or candidates for judicial appointment in the country is not ensured.

Training of active judges in the country is not performed. It is believed that new judges and prosecutors are highly skilled and able to work independently.

The average age of newly appointed judges is 30 years old.

The Republic of Finland

Typical career of Finnish judge consists of: university study; study in the district court (general studies of one year, which may also be divided into six-month - before the District Court and six-month before administrative or appeal court); performing work of assistant junior secretary (referent) in appeal or administrative court; possible temporary job as a judge in the district, appeal or administrative court; appointment for life.

The main principle of training for judges is to combine it with practice. It is a matter of assistance to the current judge.

Referents are appointed by the chief of an appellate court or by the chief judge of the administrative court. Judges are appointed by the President of Finland on the recommendations of an independent Board on judicial appointment. Usually, judges appointed for the first time are persons in the age of forty.

The Supreme Court of Finland organizes theoretical training for new referents, who are also eligible to participate in the training of acting judges. For training of sitting judges the Ministry of Justice is responsible. Term of training varies depending on the training needs: it can be a one-day session, or long-term training. Training of judges and prosecutors is different.

the French Republic

For filling vacant judicial posts a national competition is organized. The initial training, which is conducted by School of Magistrates, lasts thirty one month.

Eight months hearers learn theory, fourteen months is duration of probation in courts and five months is a special period of time when every listener focuses on the study of his chosen field. Hearers are also required to undergo external training (penal system for ten days, the lawyer's office for one hundred and eleven days, international organizations for fifteen days, etc.). Judges and prosecutors are trained together.

After completing training, hearers are taken an exam. According to its results, the special committee determines listeners that are able to perform judicial activity and determines their ranking. The commission may recommend certain hearers to repeat the last year of study or recognize such hearer as unable to exercise judicial functions [4, p. 64 - 66].

The Czech Republic

For judicial appointment a candidate should have a legal education (5 years), three years of legal experience and to successfully pass the exam.

The exam consisting of oral and written parts and interview with a psychologist, conducts Regional Court (for future prosecutors - Regional Prosecutor's Office).

Training of candidates for judicial appointment and prosecutors is financed from the budget and lasts three years. It is organized by the Academy of judges, which is a unit of the Ministry of Justice. At least one year lasts the training in court (public prosecutor's office). Theoretical training is the same for judges and prosecutors.

After completing the training course, candidates for judicial appointment should pass the exam. It is accepted by the Examination Board of three judges (prosecutors) and one representative of the Academy of Judges. Appointment is conducted by the chief of the regional court or regional prosecutor's office according the examination results and recommendations of a psychologist.

Summing up the review of initial training of judges, the following conclusions could be made:

- the required previous experience of judicial candidate may vary within one - eight years (in some cases from 10 to 20 years), nevertheless in some countries, there is no requirement for previous experience of the judicial candidate, it means that to participation in the selection is available immediately following the university ranks. Duration of initial training are respectively higher in countries where experience is small or not required;

- in some countries, candidates for judicial appointment undergo psychological evaluation;

- the average age of candidates for judicial appointment is 30 years old;

- duration of initial training of newly appointed judges and candidates for judicial appointment ranged on average from one to three years;

- initial training usually consists of two parts: theoretical and practical, of which the practical period is longer (usually one year);

- in most EU countries initial training of prosecutors and judges held separately (Republic of Estonia, the Kingdom of Denmark, the Kingdom of Spain, the Kingdom of Sweden, Lithuania, Bulgaria, the United Kingdom of Great Britain and Northern Ireland, Finland); some countries are practicing partial joint training (Austria, Belgium, the Republic of Poland, the Republic of Slovenia, Romania, Czech Republic).Joint training practice: the Grand Duchy of Luxembourg, the Italian Republic, the Portuguese Republic, the Federal Republic of Germany, the French Republic. Usually, if the initial training is segregated, the duration of initial training of prosecutors much less than the duration of the training of judges;

- external training is practiced in the Republic of Austria, the Grand Duchy of Luxembourg, the Republic of Estonia, the Italian Republic, the Kingdom of Belgium, the Kingdom of Denmark, the Polish Republic, the Republic of Slovenia, the French Republic and, as a rule, has an optional character;

- some countries stipulates limits on the number of possible attempts for passing a qualifying exam for judicial appointment.

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