MATRA South Training Programme Legislation

Transcription

1 MATRA South Training Programme Legislation 31 May-10 June, 2015 The Hague, The Netherlands October, 2015 Tunis, Tunisia

2 Matra South Training Programme (MSTP) Legislation The Matra South Training Programme Legislation is intended for civil servants (experts and policy makers) with relevant working experience in legislation. Objectives The overall objective of the Dutch government funded programme is to support democratic changes in the Arab region and a sustainable transition towards upholding the rule of law and respect for human rights. Eligible countries Egypt, Jordan, Libya, Morocco, and Tunisia Training schedule Part I: 31 May 10 June 2015, The Hague, The Netherlands Part II: October 2015, Tunis, Tunisia Language English Simultaneous interpretation English-Arabic is available but participants will be encouraged to communicate in English. Training costs The Dutch government will provide full sponsorship to the selected participants. The sponsorship will cover the cost of international travel, hotel and living allowance, visa and insurance, course fees, course materials, and excursions in The Netherlands and in Tunisia. Training locations Part I: The Hague, The Netherlands Part II: Tunis, Tunisia Training venues Academy for Legislation, Lange Voorhout 62, 2514 EH The Hague, The Netherlands To be determined later, Tunis, Tunisia Hotel accommodation Part I: Suite Novotel Den Haag City Center Hotel, Grote Marktstraat 46, 2511 BJ, The Hague, The Netherlands Part II: to be confirmed later Application deadline 15 March 2015 More information

3 Introduction The Matra South Training Programme intends to support democratic changes in the Arab region and a sustainable transition towards upholding the rule of law and respect for human rights. The course on Legislation is one of the training programmes offered in the framework of the Matra South Training Programme. The training will be shaped into two parts: the first part will consist of a 10-day training in The Netherlands and the second part will be a 5-day training in Tunisia. The period in-between the training parts will be used to enhance communication and consulting between the participants and Dutch experts. It is beyond doubt that each country has its specific procedure for legislation. However, there are general principles that apply for every country and every legislative process. The training programme on Legislation will focus on the principles for securing a sound legislative process. The programme will consist of an in-depth presentation of theory as well as a practical dimension including study visits. Apart from the theory and practical side, the training provides cultural and social components which aim at acquainting the participants with the Netherlands and enhance their interaction with their Dutch colleagues. The Matra-South programme is an initiative of the Dutch Ministry of Foreign Affairs. The unit ICM (International Co-operation and Matchmaking) of the Netherlands Enterprise Agency implements the government-to-government cooperation (G2G) programme, and the Matra-South Training Programme (MSTP). Training objectives and goals The overall objective of the Matra South Training Programme is to support democratic changes in the Arab region and a sustainable transition towards upholding the rule of law and respect for human rights. The specific objectives of the training programme on Legislation are as follows: Train a group of twenty-five civil servants (experts and policy-makers) in the field of legislative drafting and equip them with new theoretical knowledge as well as practical skills; Acquaint the participants from the Arab countries with the Dutch system and the best practices of The Netherlands and Europe in the field of legislative drafting; Enhance networking and cooperation between the Dutch experts and their Arab colleagues; Provide practical information and advises to the Arab participants which are relevant to their countries needs and which can help in solving issues in the field of legislative drafting that are being debated in those countries; Enhance networking and the exchange of expertise and information between the participants from the various Arab countries and stimulate cooperation between the participating countries. Training approach and content The training programme on Legislation consists of 10 training days in The Netherlands and 5 training days in Tunisia (including travel days). The training programme will have a practical and interactive character. This approach is meant to share knowledge and strengthen the co-operation between the participating countries and the Netherlands. The training programme on Legislation is built around the following three inter-related and integrated components: theory practical skills study visits/social activities As for the theory, a solid and in-depth theoretical background will be provided to the participants which will

4 enable them to operate efficiently and effectively in the future. The key elements in the training in the Netherlands will be: Introduction to the Dutch constitutional system, the role of the legislation and the legislative process. Development of a policy of legislative quality in the Netherlands; The preparation of legislation and the role of the legislative lawyer. Problems and challenges in legislative drafting -constraints for the legislative lawyers in legislative drafting; International treaties Training of Legislative Drafters in the Netherlands: the Academy for Legislation The architecture of a bill Sentence and language rules and structures in legal drafting Tools and resources for Dutch legislative drafters (including group assignment) Public/civil society involvement in preparation of legislation Implementation, enforcement and evaluation of legislation Legislation and Human Rights Discussion and exchange of views and experiences with legislative lawyers of the Ministry of Security and Justice In terms of training in practical skills, the training will contain practical examples and a workshop on networking skills and presentation techniques. In addition, a cultural programme will be offered. The participants will also attend several study visits that are interrelated with the theoretical training. Institutions to be visited are: The Ministry of Security and Justice The Council of State The House of Representatives of the Dutch Parliament The Cabinet of the Prime Minister of the Netherlands Lecturers All lecturers have been carefully selected and have a broad experience and knowledge of legislative processes in the Netherlands and Europe. They are also well versed in legal and judicial reforms in various countries and are well aware of the varieties of national systems. The lecturers are drawn from the Ministry of Security and Justice, the Ministry of Economic Affairs, Agriculture and Innovation, Dutch universities, the Academy of Legislation, and the Dutch Parliament. Part I: The Netherlands During this comparative training, participants will be introduced to all aspects of the legislative process in a comprehensive way. They will receive training in applying tools, used by legislative drafters in the Netherlands and the European Union (as explained above under Theory). In order to link the new knowledge and skills to their country s context, the participants will get a back-home assignment which they will have to present and defend during the second part of the training in Tunisia, applying the newly acquired skills and knowledge. Part II: Tunisia During the training in the Netherlands the participants will be introduced to a back-home action plan. In the period in-between the two training parts, the participants will prepare a plan about their particular home situation. Through interactive media, an online learning environment that will be presented to the participants in The Netherlands, the participants will stay in touch with each other and with their Dutch colleagues. Moreover, a special focus will be put on the newly adopted Constitution in Tunisia as a practical case.

5 Next to the presentation of the back-home action plan of the various countries, the second part of the training programme will encompass a workshop and will review the burning topics in the current legal and legislative reforms in the involved countries. Participants The Matra South Training Programme Legislation is intended for senior civil servants (experts and policy makers), Judges, Public Prosecutors and Officers employed by the national Ministries of Justice and governmental organizations. Application is open for applicants from Egypt, Jordan, Libya, Morocco, and Tunisia. In order to qualify, the candidate participant should at least meet the following criteria: Be a lawyer; Has been working as a legislative lawyer or will be working as such shortly and demonstrates thus an immediate need for training in the field of drafting of legislation; Has an experience of at least 5 to 10 years as a senior expert or policy-maker; Has a good command of English; Be committed to participate in the full training (in The Netherlands and in Tunisia); Be committed to contribute to promoting cooperation between the participants of the Arab countries as well as between those and the Dutch experts and institutions; Be willing and able to travel abroad. How to apply Applications should be made online through the course page on Matra South website matra-south as follows: To apply you have to create an account which will enable you to fill out the online application form. Go to Downloads, click on application form for the relevant training programme, click on your country; you can then download the application form. Applications should be submitted before March 15, Please note that the application instructions on the website need to be followed carefully. Failure to do so may result in your application not being considered. Only fully documented applications will be considered. Admission will be on a competitive basis. The participants will be selected by a committee of representatives from the Netherlands Ministry of Security and Justice, the Academy for Legislation and CILC. Applicants who have been awarded a place are expected to attend both parts 1 and 2 of the training programme. In case of no-show or cancellation within 3 weeks before the start of the course, the organisers reserve the right to claim any costs incurred from the applicant s employer. Implementers of the Training programme Center for International Legal Cooperation The Center for International Legal Cooperation (CILC) is an independent Dutch non-profit organization. It is a foundation which provides expertise to developing countries and countries in transition engaged in legal and judicial reform. CILC was founded in 1985 in the belief that a functioning, reliable legal system is a critical precondition for the political, economic and social well-being of a country s population. CILC s Board of Trustees consists of representatives from the Dutch judiciary and the Ministry of Security and Justice.

6 The Council of Partners has seats for representatives of the various Dutch law faculties, the Council for the Judiciary, the Board of Prosecutors-General, the Netherlands Bar Association, the Dutch Association for the Judiciary, the Royal Association of Judicial Officers, the Association of Company Lawyers, the Netherlands Notary Organization, and other professional bodies and specialized institutions whose work is relevant to CILC's mission. CILC s Council of Partners also functions as the Council for International Legal Cooperation: a platform and network for exchange of information and experiences in international legal cooperation. Therefore, CILC represents the entire legal community of the Netherlands assuring a large and coherent input of expertise in its projects. Furthermore, CILC has built up a strong network amongst Dutch, European and international legal professionals which allows it to dwell in a large pool of legal specialists and draw on best practices for each of its legal cooperation projects. CILC has implemented a wide range of projects in several regions in the past thirty years. Those legal and judicial reform projects focused inter alia on a) supporting the drafting of new legislation (criminal, civil and administrative); b) implementation of those new legislations through, inter alia, training the legal professionals to uphold those legislations such as judges, prosecutors, lawyers, bailiffs, public notaries, professors of law, etc; c) capacity building of legal and judicial institutions such as judicial training centers, bar associations, chambers of bailiff, notary associations, young lawyers associations etc; and d) university co-operation. For more information on CILC, please visit the website Contact person: Mr. Abdeljalil Taktak, Senior Project Manager taktak@cilc.nl Academy for Legislation The Academy for Legislation was established in 2001 with the aim of improving the quality of central government legislation. This is achieved through training legislative lawyers and developing knowledge in the field of legislation. Every year the Academy recruits a group of lawyers who are trained to become legislative lawyers. They follow a two-year master s program at the Academy which leads to their qualification as a legislative lawyer. Besides, the participants undergo a practical on the job training in their profession at one of the Ministries, the Council of State or in the House of Representatives of the Dutch Parliament. The Academy also offers programs and meetings about current developments in the field of legislation for other interested people who work for central government and who are involved in the legislative process. The Academy for Legislation maintains close contacts with the Knowledge Centre for Legislation, the Association for Legislation and Legislative Policy, which is the association of all legislative lawyers in the Netherlands, and with all Dutch universities that are engaged in research and training in the field of legislation. They collaborate with the Academy on knowledge and understanding about legislation. For more information on the Academy, please visit the website at: More information on the Matra South Training Programme For more information on the Matra South Training Programme please visit the website matra-south For more information on the Netherlands Enterprise Agency Netherlands Enterprise Agency P.O. Box EC The Hague Contact person : Ms Sheila Kwint ism@rvo.nl