Initiative of the French Republic with a view to adopting a Council Decision setting up a European judicial training network

(2001/C 18/03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,

Having regard to the initiative of the French Republic(1),

Having regard to the opinion of the European Parliament(2),

Whereas:

(1) Following on from the Treaty of Amsterdam, the Vienna action plan and the Tampere European Council conclusions of 15 and 16 October 1999 confirmed that the creation of an area of justice, freedom and security must be given utmost priority in the European Union.

(2) Full and unreserved cooperation among judicial authorities of the Member States is based on mutual understanding and trust. This therefore requires the practitioners concerned to have a better knowledge of the judicial systems of the Member States and the legal instruments on which judicial cooperation within the European Union is based.

(3) Training for members of the judiciary in the Member States is a sine qua non for the success of the European judicial area. It makes the use of existing legal instruments more effective and facilitates the practical implementation of new cooperation instruments.

(4) Such training also helps to create a genuine European judicial culture.

(5) The national bodies responsible for training the judiciary in the Member States have already acquired a certain amount of experience in training exchanges and in jointly run training activities, but these exchanges should be structured. They should have greater coherence and offer a degree of continuity.

(6) The setting up of a European judicial training network meets this concern.

(7) This network, the activities of which will initially be confined to matters covered by Article 31 of the Treaty, should be made up of national schools and institutions of the Member States responsible specifically for training professional judges and prosecutors who are members of the judiciary.

(8) The network should also be open to exchanges with third countries, and in particular with the bodies responsible for legal training in the States applying for membership of the European Union.

(9) The network should be organised and financed in such a way as to enable the training institutions of the Member States to work towards attaining common objectives, in close cooperation with the European institutions, in particular the Commission,

HAS DECIDED AS FOLLOWS:

CHAPTER I

CREATION AND COMPOSITION

Article 1

Creation

A European judicial training network, hereinafter referred to as "the Network", is hereby set up.

Article 2

Composition

1. The Network shall be made up of national schools and institutions of the Member States specifically responsible for training professional judges and prosecutors for the Member States in which the latter form part of the judiciary.

2. Each Member State shall appoint up to three training officers to represent it in the Network.

CHAPTER II

MANDATE AND ACTIVITIES

Article 3

Mandate and objectives

1. In the areas referred to in Article 31 of the Treaty, the mandate of the Network shall be to foster consistency and efficiency in the training activities carried out by the members of the judiciary of the Member States.

2. To fulfil the mandate referred to in paragraph 1, the Network shall pursue the following objectives in particular:

(a) further mutual knowledge of the legal and judicial systems of the Member States;

(b) develop knowledge and improve the use of European and international instruments in force within the European Union;

(c) analyse and identify training needs;

(d) exchange experience on judicial training;

(e) encourage the coordination of judicial training programmes within the European Union;

(f) provide the European institutions, the judicial authorities of the Member States, members of the European Judicial Network created by Joint Action 98/428/JHA(3) and any other entity responsible for judicial cooperation in criminal matters within the European Union with consistent and regularly updated training tools;

(g) develop training measures for members of the judiciary who are called upon to participate in activities in third countries to restore the rule of law;

(h) help structure the judicial training arrangements of the States applying for membership of the European Union, open up access to training programmes to members of the judiciary from those States and, where appropriate, to their counterparts from third countries.

Article 4

Programme of activities

1. In order to fulfil the mandate and achieve the objectives set out in Article 3, the Network shall draw up each year a programme of its activities, under the conditions laid down in Chapter III.

2. The programme of activities referred to in paragraph 1 shall comprise, in particular, activities which encourage:

(a) - understanding of European judicial systems,

- knowledge of judicial cooperation mechanisms,

- language skills;

(b) - the organisation of training courses and exchanges between members of the profession,

- the dissemination of good practices and of the results obtained from research;

(c) - the creation of innovative training programmes,

- the development of common training tools, in particular by drawing on new technologies,

- training of trainers.

Article 5

Training aids

1. The Network shall disseminate the results of its programme of activities referred to in Article 4 among its members. It shall create and update training aids intended to support the programme's activities.

2. The training aids referred to in paragraph 1 shall be made available to the members of the Network, who shall ensure that they are disseminated further at European level and within the Member States which they represent.

Article 6

Means of communication

1. The Secretary-General of the Network shall set up:

(a) a secure electronic information exchange network, access to which shall be limited to Network members;

(b) a worldwide website for the Network, accessible to the public.

2. The full list of the names and addresses of Network members shall be made easily accessible, in particular by making them available to the public on the worldwide websites of the Commission and of the Network.

CHAPTER III

INTERNAL ORGANISATION OF THE NETWORK

Article 7

Bodies of the Network

1. The bodies of the Network shall be the Governing Board and the General Secretariat. The Network shall be assisted by a Scientific Committee.

The General Secretariat shall be provided by the Commission.

2. The Governing Board shall be made up of Network members, designated by the Member States pursuant to Article 2(2), a Commission representative, a representative of the General Secretariat of the Council and a representative of the Council of Europe. A representative of the Member State holding the Presidency of the Council shall act as Chairman of the Governing Board, assisted by a representative of the next Presidency.

3. The Secretary-General of the Network shall be appointed by the Commission from among persons with professional experience in a Member State as a judge or prosecutor belonging to the judiciary, and with specific experience in judicial training. The Governing Board shall give its opinion on the appointment or renewal of the Secretary-General.

4. The Governing Board may decide to involve in its work training institutions at European Union level, in particular for training in Community law, professional judges and prosecutors for the Member States in which they form part of the judiciary. It may also decide to involve national judicial training schools and institutions from States applying for membership of the European Union.

Article 8

Scientific Committee

1. The Governing Board shall set up a Scientific Committee, made up of experts who are recognised at European level for their knowledge and practical experience of judicial training.

2. The Scientific Committee shall be consulted when the programme of activities referred to in Article 4 is being drawn up.

Article 9

Functioning

1. After having sought proposals from Network members, the Secretary-General shall draw up the draft programme of activities.

2. Each year the Governing Board shall adopt the Network's programme of activities. It shall inform the European Parliament and the Council thereof.

3. The Governing Board shall meet once every six months, and whenever it considers it to be necessary, at the invitation of its Chairman acting either on his own initiative or on a proposal from half of the Board members.

The Governing Board shall hold its first meeting on ...(4). At the latest one month before that date, the Member States shall forward to the Commission the list of the names and addresses of the training officers who will represent them, pursuant to Article 2. The Commission shall forward this list to the Presidency-in-Office of the Council, which shall convene the first meeting of the Governing Board.

4. The Secretary-General shall assist the Governing Board in the administrative tasks necessary for it to function, for implementing the programme of activities referred to in Article 4 and for any additional initiatives. He shall ensure the dissemination of information and the general running of the Network.

5. The Chairman of the Governing Board shall set the agenda for meetings. The Secretary-General shall keep minutes of the meetings, which shall be adopted by the Governing Board.

Article 10

Rules of Procedure

1. The Secretary-General shall draw up the draft Rules of Procedure, which shall be adopted unanimously by the members of the Network. If, pursuant to Article 2(2), a Member State has designated several training officers to represent it, that State shall nevertheless have only one vote.

2. The Rules of Procedure shall set out in particular the practical arrangements for convening meetings and for adopting decisions on matters other than the budget.

CHAPTER IV

FINANCING

Article 11

Financing of the Network

1. The functioning of the Network shall be financed by the general budget of the European Union. The Network activities shall also be financed by this budget. Member States may contribute to it.

2. Expenditure shall be made up of:

(a) the operating costs of the bodies referred to in Article 7 and of the Scientific Committee referred to in Article 8; and

(b) the financing for the programme of activities referred to in Article 4 and for the training aids referred to in Article 5.

Article 12

Relations with other programmes for financing

The members of the Network may continue to apply for funding from the relevant European institutions. However, they shall be obliged to inform the Secretary-General of the Network of these applications for funding, and give details of the training activities for which these applications have been lodged.

CHAPTER V

ANNUAL REPORT

Article 13

Annual activities report

1. Every year the Secretary-General of the Network shall prepare a report, which the Governing Board shall adopt.

2. The report referred to in paragraph 1 shall be made available on the electronic information exchange system referred to in Article 6, as well as on the worldwide websites of the Commission and of the Network. The report shall be forwarded to the Commission, the European Parliament, the Council and the Economic and Social Committee.

CHAPTER VI

FINAL PROVISIONS

Article 14

Review

Not later than ...(5) and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council and the Economic and Social Committee on the application of this Decision. The report shall be accompanied, if appropriate, by proposals to adapt the Decision.

Article 15

Adoption and application

This Decision shall take effect on the day of its adoption.

It shall apply until ...(6) and may be renewed.

Done at ...

For the Council

The President

(1) OJ C ...

(2) OJ C ...

(3) OJ L 191, 7.7.1998, p. 4.

(4) Four months after the adoption of this Decision.

(5) Three years after the adoption of this Decision.

(6) 10 years after the adoption of this Decision.