EN Official Journal of the European Union CE 236/130

Thursday 17 June 2010

Judicial training

P7_TA(2010)0242

European Parliament resolution of 17 June 2010 on Judicial training – Stockholm Programme

2011/C 236 E/23

The European Parliament,

having regard to Articles 81 and 82 of the Treaty on the Functioning of the European Union,

having regard to the Commission’s Communication on an Action Plan Implementing the Stockholm Programme (1),

having regard to its resolution of 9 July 2008 on the role of the national judge in the European judicial system (2),

having regard to Parliament’s resolution of 25 November 2009 on the Stockholm programme (3),

having regard to the question of 10 May 2010 to the Commission on Judicial Training - Stockholm Action Plan (O-0063/2010 – B7-0306/2010),

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A. whereas Articles 81 and 82 of the Treaty on the Functioning of the European Union provide for the adoption under the ordinary legislative procedure of measures aimed at ensuring ‘support [for] the training of the judiciary and judicial staff’,

B. whereas in its Action Plan Implementing the Stockholm Programme the Commission has announced that it will be presenting a communication on an Action Plan on European training for all legal professions in 2011 and launching pilot projects on ‘Erasmus-style’ exchange programmes for judicial authorities and legal professionals in 2010-2012,

C. whereas regard must be had to the particular needs of the judiciary in respect of training in the form of familiarisation courses in national, comparative and European law and the sensitivity which needs to be shown in organising such courses,

D. whereas it is particularly difficult to organise training for members of the judiciary given the constraints on their time and availability, their independence and the need for courses to be tailored to their specific needs in terms of current legal problems,

E. whereas such courses must also aim to create channels of communication between participants and hence foster a European judicial culture based on mutual understanding, thus enhancing the mutual trust on which the system of mutual recognition of judgments is based,

F. whereas, in spite of the pressure on national budgets, Member States still have the primary responsibility for judicial training and must accept ownership of it,

G. whereas it is nevertheless essential to have EU funding for such judicial training courses designed to foster a European judicial culture,

H. whereas appropriate judicial training and the creation of a European judicial culture can expedite legal proceedings in cross-border cases and hence make a significant contribution towards improving the operation of the internal market for both businesses and citizens and making it easier for citizens who have exercised the right of free movement to obtain access to justice,

I. whereas the Commission should conduct a stock-take of national training programmes and schools for the judiciary with a view also to identifying best practices in this sector,

J. whereas it is necessary to build upon existing structures and networks, in particular the European Judicial Training Network and the Academy of European Law, and involve the Network of the Presidents of the Supreme Judicial Courts, the European Network of Councils for the Judiciary, the Association of the Councils of State and Supreme Administrative Jurisdictions and the Eurojustice network of European Prosecutors-General in the setting up of the pilot projects for judicial training,

1. Welcomes the Commission’s prompt response to the suggestions set out in Parliament’s resolution of 25 November 2009;

2. Calls on the Commission and the Council to ensure that Parliament is fully involved in the conception and approval of arrangements for judicial training, in particular the pilot projects envisaged in the Commission’s action plan pursuant to Articles 81 and 82 of the Treaty on the Functioning of the European Union;

3. Considers that the proposed pilot projects should not be restricted, as far as members of the judiciary are concerned, to ‘Erasmus-style’ exchange programmes;

4. Calls on the Commission to commence its consultations, in particular of Parliament, with a view to the design and preparation of the future pilot projects as soon as possible;

5. Urges the Commission, with the cooperation of the Member States in the Council, to produce proposals as soon as possible for the creation of a network of legal training bodies across the Union accredited to provide familiarisation courses in national, comparative and European law for members of the judiciary on a stable, ongoing basis;

6. Calls on the Commission to consult Parliament on separate plans for the creation of an institution building upon existing structures and networks, in particular the European Judicial Training Network and the Academy of European Law;

7. Presses the Commission to come forward with concrete proposals for the funding of the future Action Plan for judicial training;

8. Instructs its President to forward this resolution to the Commission and to the Council.

(1) COM(2010)0171.

(2) Texts adopted, P6_TA(2008)0352.

(3) Texts adopted, P7_TA(2009)0090.