REPORT ON THE EXCHANGE AND SUMMARY

Transcription

1 REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN within one month after the exchange. 2. Please use the template below to write your report (recommended length: 4 pages). 3. Please write in English or French. Should this not be possible, the report can be written in another language but the summary must be in English or French. 4. Please read the guidelines for drafting the report (in Annex). Feel free to add any other relevant information in your report. 5. The summary shall contain a synthesis of the most important information of the report. 6. Please note that NO NAMES, neither yours nor the ones of the persons you met during your exchange, should appear in the report in order to ensure anonymity 1. Initials can be used when necessary. Identification of the participant Name: First name: Nationality: Polish Country of exchange: Portugal Publication For dissemination purposes and as information for future participants in the Programme please take note that, unless you indicate otherwise, EJTN may publish your report in its website. In this case the report will remain anonymous and your name and surname will not appear. To this aim, please do not mention any names in the reports. Initials can be used instead. Please tick this box if you do not wish for your report to be published For completion by EJTN staff only Publication reference: 1 To that purpose, the first page of this report will be taken out before any possible publication Réseau Européen de Formation Judiciaire/ (aisbl) Rue du Luxembourg 16B, B-1000 Bruxelles; Tel: ; Fax: ; exchanges@ejtn.eu

2 For completion by EJTN staff only Publication reference: Identification of the participant Nationality: Polish Functions: Judge Length of service: 14 years Identification of the exchange Hosting jurisdiction/institution: Centro de Estudos Judiciarios City: Lisbon Country: Portugal Dates of the exchange: Type of exchange: one to one exchange group exchange general exchange specialized exchange (please specify : ) PART I - Programme of the exchange REPORT My stay in Portugal was divided into two parts. During the first part that lasted from I attended one week exchange for trainers. It was a group exchange then. The program of that week was the following: 1July: -Welcome at CEJ -First working session: a) review of the draft programme b)cej structure and statutes: departments, staff policy, services, budget and accounts management c)recruitment of judges and prosecutors in Portugal - Second working session a) organisation of the initial training and its curriculum b)organisation of on- going training

3 2 July - Meeting with CEJ trainers (civil and labour law areas) - Comments and discussion - Third working session a) judiciary statutes, inspections and evaluation system, promotions and disciplinary matters b) the roles of the High Judicial Council and the High Council of the Attorney's General Office 3 July Full day visit to the Court of Barreiro, nearby Lisbon 4 July - Attendance of an initial training session - Visit to the Court of Appeal in Lisbon - Fourth working session: a) CEJ International Department b) The International component of training 5 July - Meeting with CEJ trainers (criminal and family law areas) - Final working sesion: a) review and discussion about the main topics of the visit b) how to improve trainers'exchanges. All the programme was completed. My group contained of 4 persons: judges from Croatia, Slovenia and two judges from Poland. During the first week of the exchange I was introduced to recruitment and training of judges and public prosecutors which is provided by Centro de Estudos Judiciairos in Lisbon. I visited CEJ, met some trainers and administrative staff. I found the judge training system in Portugal similar to the Polish one, although there are some differences. During that week I also had possibility to visit the Court of Appeal in Lisbon and the Court in Barreiro. In the Court of Appeal I visited court building (court room, library, main lobby), I was introduced to organisation of judicial system in Polrtugal and to organisation of work of The Court of Appeal. I also had a meeting with The President of the Court of Appeal. In the court of Barreiro I visited court building (court rooms, all types of departments f.ex. civil department, labour law department and so on). I took part in the public hearings and discussed many aspects of work with judges of that court and with public prosecutors who work over there. I was also explained how the electronic court system works in the Court of Barreiro and I shared my experience with the similar system in Polish courts with the collegues from other countries. I noticed that the system is quite similar to Polish one, and, as in my country, it makes work at court much easier and faster. Apart from the official points of the Exchange Programme I also took advantage of sharing professional experience with other participants of the Programme and, of course of the beauty of Portugal and Lisbon itself. During the second week of The Exchange Programme that lasted from I stayed at the Civil Court of Lisbon. It was one-to-one exchange then. I had the chance to participate in public hearings. This way, I had the opportunity to fully understand what was happening during the trials. During the hearings that I attended, various civil cases were examined. During my stay in that court I was introduced to some

4 of the colleagues and judicial staff working there and I observed daily work of judges as well as administrative staff and court clerks. I was also shown different types of case files. PART II - The hosting institution The host institution was Centro do Estudos Judiciarios in Lisbon that provides initial and continuous training for judges and public prosecutors. The CEJ also provides training activities within the framework of networks of which it is a member, and it implements international assistance and cooperation projects regarding the training of judges and public prosecutors. Finally, the CEJ promotes research activities and studies on judicial matters and provides legal and judicial training activities for lawyers, legal agents and agents of other sectors of the justice system, as well as it cooperates in the training activities of other institutions. PART III - The law of the host country The Portuguese legal system is so called a continental legal system, based on Roman law. It is similar to other civil law legal systems found in other European countries such as France, Italy, Germany. As Polish legal system is also a continental one, it was quite easy to understand the crucial points in Portuguese legal system, and especially in Portuguese civil procedure which lays in the field of my interest as I am civil judge. Up to the end of the 19th century French law was the main influence, but since the decisive works of G. Moreira on Civil Law (Instituições de Direito Civil, published from 1906 to 1916) the major influence has been German law. That is why Polish and Portuguese legal system seems so similar (they both refer to German law). PART IV - The comparative law aspect in your exchange As I mentioned above I think that Polish and Portuguese legal systems are quite similar, due to the Roman, French and especially German influences recognizable in both of them. Starting from the admission to the judiciary, in both countries judges and public prosecutors are recruited through an open competition aimed to fill vacancies in Courts and Public Prosecution Services. In both countries, to qualify for the open competition, applicants must be citizens and have a law degree. The perspective of obtaining a position afterwards are different: as I saw almost everybody that passes the entrance exams at CEJ has an opportunity to get the position as judge or public prosecutor, which is contrary to Poland, where graduating from The Polish Judicial School (KSSiP) doesn t guarantee to get the position of judge or public prosecutor. As for law, there are no important differences between Portuguese and Polish legal system. For example the civil procedure is based on condradictory of parts of the process and the private law is codified (in Portugal: Codigo Civil). PART V - The European aspect of your exchange In Portugal, like in other EU coutries EU law is a major driving force in many aspects, such as corporate law, administrative law and civil procedure. I didn't have the opportunity to observe the implementation of the EU law during my stay in Portugal although I discussed those problems with other participants, especially because I often face the law problems connected with the international marriages during the divorce trials (alimony and the maintenance, division of divorced couples property).

5 PART VI - The benefits of the exchange I think that such an experience is definitely destined to enrich everyone's professional background. In fact, the chance to exchange views with colleagues of another country gives everyone the opportunity to see his own legal system in wider perspective. I think that the main benefit of this programme is an exchanging thoughts on legal issues with judges all around Europe and personal aspect- it s a great opportunity to get to know the problems faced by judges in other countries and compare all the aspects of judge work. That's why I recommend this experience to all judges. PART VII - Suggestions I found the organization of the Exchange Programme totally satisfactory, starting from the programme of the exchange and ending with people around me during my stay. Everybody was so helpful and I was impressed by everyone s hospitality. Therefore I have no suggestions to improve The programme even more.

6 SUMMARY I took part in The EJTN from July 1-st to July 12 -th My stay in Portugal was divided into two parts. During the first part that lasted from I attended one week exchange for trainers. It was a group exchange then. All the programme scheduled by my tutor from CEJ was completed. During the first week I was introduced to recruitment and training of judges and public prosecutors which is provided by Centro do Estudos Judiciairos in Lisbon. I visited CEJ, met some trainers and administrative staff. During that week I also had possibility to visit the Court of Appeal in Lisbon and the Court in Barreiro. In the Court of Appeal I visited court building (court room, library, main lobby), I was introduced to organization of judicial system in Polrtugal and to organization of work of the Court of Appeal. I also had a meeting with the President of the Court of Appeal. In the court of Barreiro I visited court building (court rooms, all types of departments f.ex. civil department, labour law department). I took part in the public hearings and discussed many aspects of work with judges of that court and with public prosecutors that work over there. I was also explained how the electronic court system in the Court of Barreiro works. Apart from the official points of the Exchange Programme I also took advantage of sharing professional experience with other participants of the Programme and, of course of the beauty of Portugal and Lisbon itself. During the second week of The Exchange Programme that lasted from I stayed at the Civil Court of Lisbon. It was one-to-one exchange then. I had the chance to participate in public hearings. This way, I had the opportunity to fully understand what was happening during the trials and compare civil procedures in Portugal and Poland. During the hearings that I attended, various civil cases were examined. I was introduced to some of the colleagues and judicial staff working at this court and I observed daily work of judges as well as administrative staff and court clerks. I was also shown different types of case files. The host institution was Centro do Estudos Judiciarios in Lisbon that provides initial and continuous training for judges and public prosecutors. The CEJ also provides training activities within the framework of networks of which it is a member, and it implements international assistance and cooperation projects regarding the training of judges and public prosecutors. Finally, the CEJ promotes research activities and studies on judicial matters and provides legal and judicial training activities for lawyers, legal agents and agents of other sectors of the justice system, as well as it cooperates in the training activities of other institutions. The Portuguese legal system is so called a continental legal system, based on Roman law. It is similar to other civil law legal systems found in other European countries such as France, Italy, Germany. As Polish legal system is also a continental one, it was quite easy to understand the crucial points in Portuguese legal system, and especially in Portuguese civil procedure which lays in the field of my interest as I am civil judge. Polish and Portuguese legal systems are quite similar, due to the Roman, French and especially German influences recognizable in both of them. As for the admission to the judiciary, in both countries judges and public prosecutors are recruited through an open competition aimed to fill vacancies in Courts and Public Prosecution Services. In both countries, to qualify for the open competition, applicants must be citizens and have a law degree.

7 As for law, there are no important differences between Portuguese and Polish legal system. For example the civil procedure is based on condradictory of parts of process and the private law is codified (in Portugal: Codigo Civil) In Portugal, like in other EU coutries EU law is a major driving force in many aspects, such as corporate law, administrative law and civil procedure. I didn't have the opportunity to observe the implementation of the EU law during my stay in Portugal although I discussed those problems with other participants, especially because I often face the law problems connected with international marriages during the divorce trials (alimony and the maintenance, division of divorced couples property). As for the benefits of the exchange, I think that the chance to exchange views with colleagues of another country gives everyone the opportunity to appreciate the pros and cons of his own legal system, which contributes to achieve a deeper consciousness of the judicial function and of the rights and duties related to it. I found the organization of the Exchange Programme totally satisfactory, considering the wide choice given by the referent of the host country as for the city and the type of court where to carry out the "stage". I also found the duration of the stage satisfactory.

8 ANNEX GUIDELINES FOR DRAFTING THE REPORT I- Programme of the exchange Institutions you have visited, hearings, seminars/conferences you have attended, judges/prosecutors and other judicial staff you have met The aim here is not to detail each of the activities but to give an overview of the contents of the exchange. If you have received a programme from the hosting institution, please provide a copy. II- The hosting institution Brief description of the hosting institution, its role within the court organisation of the host country, how it is functioning III- The law of the host country With regard to the activities you took part in during the exchange, please develop one aspect of the host country s national law that you were particularly interested in. IV- The comparative law aspect in your exchange What main similarities and differences could you observe between your own country and your host country in terms of organisation and judicial practice, substantial law..? Please develop. V- The European aspect of your exchange Did you have the opportunity to observe the implementation or references to Community instruments, the European Convention of Human Rights, judicial cooperation instruments? Please develop. VI- The benefits of the exchange What were the benefits of your exchange? How can these benefits be useful in your judicial practice? Do you think your colleagues could benefit of the knowledge you acquired during your exchange? How? VII- Suggestions In your opinion, what aspects of the Exchange Programme could be improved? How?