|
|
 |
|
Training descriptions concerning continuous training 2005 This document describes the content of the proposed trainings for the year 2005. It is based on the needs assessment, the input of KJI and the results of the program conference that took place on 18 October 2004. Most of the trainings are expected to last two days and will take place in premises located in all the five regions of Kosovo. Transportation costs, meals and accommodation of participants could be provided depending on the available financial means. All judges and prosecutors are encouraged to select trainings which they intend to participate in advance. The final training program, subject to a quarterly update, will be set up according to the communicated needs and the submitted applications for participation.. I. Trans-sectoral training 1.
Seminar: Ethic in practice: independence and impartiality of the
judiciary. Target group: judges. The training aims to give a deeper
look into practical experiences where independence of the judges
may be of concern. The seminar shall be focused on the position
of the judge as a single decision maker or as a decision maker in
the panel. The seminar shall highlight the responsibility of the
judge in regard to the Rule of Law and social order in the context
of the Codes of conduct and disciplinary sanctions. 2.
Workshop: Interpretation of conflicting laws. Target group: prosecutors
and judges. The objective of the training is that judges and prosecutors
obtain guidance concerning conflicts of laws that were in power
before 1989 and the newly adopted legislation, including UNMIK regulations.
The workshop shall raise discussions related to the application
of the International Law by the judiciary in Kosovo. The participants
shall be tasked to provide their inputs on possible subjects of
conflict of laws and shall be encouraged to develop a proposal for
a manual on the applicable conflicting laws. 3.
Seminar: Science and technology in courts. The seminar would provide
judges and prosecutors with information regarding the technical
opportunities applicable in the courts. After the completion of
the seminar, the participants would obtain deeper understanding
on the possible techniques for investigation and proof and on the
role of experts in the case proceedings. 4.
Seminar circle and activity: European Union law. In the context
of the future commitments of Kosovo to the EU, the judiciary would
need an overall view on subjects such as Copenhagen Criteria implementation
of the "acquis communautaire" etc. The group of trainees
shall consist of judges/prosecutors coming from every district.
Participants of this training could be given an opportunity to become
an EU law trainer at KJI and may be offered a study trip abroad
if they have attended both activities. 5.
Seminar: Human rights in criminal procedure law in practice. Target
group: criminal judges and prosecutors. The objective of the seminar
is to develop a firmer understanding of the participants on the
concepts of "due process" and "fair trial".
Participants would be able to identify possible breaches of the
international conventions for the protection of human rights by
the applicable laws, and would obtain new skills on decision making
and reasoning on cases resulting from such breaches. The training
method shall concentrate on practical cases. II. Criminal law 6.
Seminar: War crimes. The seminar shall be focused on war crimes
committed in Kosovo and not addressed by the ICTY. The seminar aims
to enhance the judges'/prosecutors' understanding on the active
role they shall play to gradually overtake these kinds of procedures.
7.
Seminar: Juvenile law. The training shall cover the new Juvenile
Justice Code and the court proceedings involving juveniles, especially
focussing on aspects like competencies, probation and educational
measures. 9.
Seminar: International cooperation in criminal matters and extradition.
A seminar on the new provisions related to international judicial
assistance is scheduled for November 2005 as a repetition of a Seminar
on the same topic held in 2004. The event planned for November 2005
shall be organized in close cooperation with international experts. 10.
Workshop: Cooperation in pre-trial procedures. Target group - prosecutors,
pre-trial judges and judicial police from all districts. The objective
of the workshop is to establish together with trainers of the police
school a common understanding about the preparation of documents
during the pre-trial procedure and the handling of investigation
at the scene of the crime. 11.
Workshop: Unclearness and contradictions in applying the new Criminal
and Criminal Procedure Codes. Target group: prosecutors and judges.
Some subjects have already been discussed in cooperation with the
Association of Judges, Association of Prosecutors and Chamber of
Advocates in October 2004 (confirmation of indictment), November
2004 and December 2004 (detention on remand ).New subjects in the
workgroups shall be added accordingly and may include protection
of witnesses, alternative and conditional punishment and release,
suspended sentences, house imprisonment as new sanction, role of
the victim or damaged person and fixing the detention date in arrest
cases. The first workshop in January 2005 will focus on the main
hearing in accordance with the New Provisional Criminal Procedure
Code. 12.
Seminar: Combating organized crimes, trafficking of human beings,
drugs. Target group: prosecutors and judges hearing criminal cases.
The Seminar aims to examine some of the practical aspects of the
combat against the organized crimes such as trafficking of persons,
crimes related to distribution of drugs and illegal possession of
weapons. The programme of the Seminar would be focused on the practical
aspects of the investigation, confiscation of assets, international
cooperation, protection of witnesses and court staff, handling trials
with uncooperative advocates.
15.
Seminar: Recent developments in criminal and criminal procedure
law. III. Civil law 16.
Seminar: Non discrimination law. The law on Anti-Discrimination
has been recently promulgated and has entered into force in Kosovo.
The seminar shall have an informative role and shall present the
issues related to discrimination in both private and public sector.
European and regional experiences and possible practical problems
shall be presented by local experts, experts from OSCE and experts
coming from the neighbouring countries. 17.
Seminar: Recent developments in the Civil law and Civil Procedure
Law: The seminar shall provide information on the recent developments
and pending promulgation regulations in the field of civil law in
Kosovo. The seminar shall be focused on the draft legislation in
the fields of family and inheritance law and the law on obligations
and developments on EU level. In Addition participants shall be
given an opportunity to attend group exercises on practical cases.
Topics such as settlements, mediation and alternative dispute resolutions
shall also be presented. 18.
Workshop on property, cadastral and mortgage law: Target group:
judges hearing property cases. The workshop would offer the participants
a discussion on the main obstacles judges face in handling property
related cases such as: data necessary for property registration
is incomplete or missing; difficulties in cooperation with the Housing
and Property Directorate (HPD) etc. The workshop shall provide an
opportunity to the participants to exchange experiences with colleagues
and aims to develop a list of issues which need to be solved in
practice. As practical exercise the remedies for protection of private
property and the transfer of state property to private ownership
and other forms of property shall be presented. 19.
Seminar: Execution of civil judgements: Target group: judges. The
seminar aims to present in details the new obligations and responsibilities
of the judges under the newly adopted regulations. The Seminar shall
offer an assessment of the possibilities for inter-institutional
cooperation in execution of the civil judgements. 20.
Seminar circle: Business law. Target group: judges hearing civil
and/or commercial cases. The seminar shall present to the participants
"the investor's world". Information regarding the investments
and future economic development of Kosovo shall be presented as
a supplementary topic of the seminar. The broad variety of the topics
of the seminar shall cover subjects like commercial, trade, corporation,
investment, banking and finance law; antitrust, copyright and balance-sheets
related topics. The Seminar circle shall be organized in modules
which could be attended independently without having heard the previous
ones. 21.
Seminar: Labour law. Target group: judges hearing labour cases.
The seminar shall provide information about recent developments
regarding labour legislation in Kosovo and in EU countries including
anti-discrimination issues in relation to the employment and labour.
22.
Work techniques in civil cases. The seminar shall present a system
for better organization of the workload. The aim of the seminar
is to help judges and prosecutors to be more efficient in managing
the workload and to better handle and prevent work related stress.
23.
Finding facts and evaluating evidence: Judges and prosecutors participating
in the training shall enhance their knowledge about the form of
evidence, the burden of proof, admissible and inadmissible evidence
and obtain a psychological and sociological introduction on the
techniques of investigation, the role of experts and in evaluating
statements of witnesses etc. 24.
How to write convincing, predictable judgements in considering case
law in civil cases: The training shall provide the participants
with a firmer understanding on the techniques of convincing decision
writing. They shall learn more how previous decisions could be used
and how different instances decisions could be harmonized. 25.
How to write convincing, predictable judgements in considering criminal
cases: Target group: judges hearing criminal cases and prosecutors.
The training aims to improve the participants' legal paper drafting
skills. The participants shall receive practical training on determination
of the sentence, consideration of evidence, litigation of criminal
cases etc. Participants shall be given an opportunity to discuss
typical situations of the day to day court life like missing witnesses,
inactive experts or uncooperative advocates. 26.
Interpretation and development of law by judges: The training shall
provide practical knowledge to the judges on the harmonization of
the applicable law in Kosovo. The training shall develop the judges'
knowledge about the practical aspects of legal research and its
implementation in the decisions. The training shall evaluate the
circumstances in which new interpretations of laws are applicable.
V. Career training 28.
Career training court administration and leadership: Target group:
people aiming further career development. Participants in this training
shall obtain basic administration skills including staff management
skills, skills in budgeting and cooperation with international bodies.
The objective of the training is to provide the necessary management,
communication and team leader skills. The training shall be designed
and organized in close cooperation with DJA. 29. Study trips abroad. Target group: judges and prosecutors. In order to be selected for a Study trip abroad and to be given an opportunity to learn from foreign experiences, the participants shall be active attendants in the annual training program of KJI. The conditions for participation and the details of the study trips shall be communicated separately.
|
