Initiative of the French Republic with a view to adopting a Council Decision setting up a European judicial training network
Date: 2001-01-19
Institutions: France
Subjects: France, legal profession, trans-European network, vocational training

19.1.2001

EN

Official Journal of the European Communities

C 18/9

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:

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.

Full and unreserved cooperation among judicial auth-
orities of the Member States is based on mutual under-
standing and trust. This therefore requires the prac-
titioners 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.

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 instru-
ments more effective and facilitates
the practical
implementation of new cooperation instruments.

(7)

(8)

(9)

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.

The network should also be open to exchanges with
third countries, and in particular with the bodies respon-
sible for legal training in the States applying for member-
ship of the European Union.

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

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

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

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.

Article 2

Composition

(6)

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

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.

(1) OJ C …
(2) OJ C …

Each Member State shall appoint up to three training

2.
officers to represent it in the Network.

(1)

(2)

(3)

(4)

(5)

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Official Journal of the European Communities

19.1.2001

CHAPTER II

MANDATE AND ACTIVITIES

Article 3

Mandate and objectives

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.

The programme of activities referred to in paragraph 1

2.
shall comprise, in particular, activities which encourage:

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.

(a) — understanding of European judicial systems,

— knowledge of judicial cooperation mechanisms,

— language skills;

To fulfil the mandate referred to in paragraph 1, the

2.
Network shall pursue the following objectives in particular:

(b) — the organisation of training courses and exchanges

between members of the profession,

(a)

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

— the dissemination of good practices and of the

results obtained from research;

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

(c) — the creation of innovative training programmes,

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

in

(c)

analyse and identify training needs;

— training of trainers.

(d)

exchange experience on judicial training;

(e)

(f)

encourage the coordination of
grammes within the European Union;

judicial

training pro-

provide the European institutions, the judicial authorities
of the Member States, members of the European Judicial
Network created by Joint Action 98/428/JHA (1) 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.

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

Article 5

Training aids

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

The training aids referred to in paragraph 1 shall be
2.
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;

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(b)

a worldwide website for the Network, accessible to the
public.

level for their knowledge and practical experience of judicial
training.

The full list of the names and addresses of Network
2.
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.

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

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.

The Governing Board shall be made up of Network
2.
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.

The Governing Board may decide to involve in its work
4.
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 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 Parlia-
ment 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 ...(*). 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

Article 8

Scientific Committee

1.
The Secretary-General shall draw up the draft Rules of
Procedure, which shall be adopted unanimously by the mem-
bers 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.

1.
The Governing Board shall set up a Scientific Com-
mittee, made up of experts who are recognised at European

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

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Official Journal of the European Communities

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The Rules of Procedure shall set out

2.
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

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

2.

(a)

(b)

Expenditure shall be made up of:

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

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

CHAPTER V

ANNUAL REPORT

Article 13

Annual activities report

Every year the Secretary-General of the Network shall

1.
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
the
later than …(*) and every five years thereafter,
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 12

Article 15

Adoption and application

Relations with other programmes for financing

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

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.

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

Done at …

For the Council

The President

(*) Three years after the adoption of this Decision.
(**) 10 years after the adoption of this Decision.