Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council on the training of judges, prosecutors and judicial staff in the European Union
Date: 2008-11-22
Institutions: Council of the European Union, Representatives of the Governments of the Member States
Subjects: EU Member State, European security, disclosure of information, judicial cooperation in criminal matters in the EU, member of the Court of Justice (EU)

22.11.2008

EN

Official Journal of the European Union

C 299/1

I

(Resolutions, recommendations and opinions)

RESOLUTIONS

COUNCIL

Resolution of the Council and of the Representatives of the Governments of the Member States
meeting within the Council on the training of judges, prosecutors and judicial staff in the European
Union

(2008/C 299/01)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTA-
TIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING
WITHIN THE COUNCIL,

Whereas:

systems. Moreover, the intensification of judicial coopera-
tion, such as by direct contacts between judicial authori-
ties, in particular through the European Judicial Networks
and Eurojust, can only take place in an atmosphere of
mutual trust and mutual understanding between judicial
authorities.

(1)

(2)

(3)

the law of

judges and prosecutors play a crucial role in
National
guaranteeing the respect of
the European
Union. Efficient interaction between national judges and
the European Court of Justice in the framework of the
procedure for obtaining a preliminary ruling from the
European Court of Justice on the validity and/or interpre-
tation of provisions of European law is of primary impor-
tance in order to ensure the coherence of the European
legal order. In this context, particular attention is drawn
to the existence of an urgent preliminary ruling proce-
dure applicable to references concerning the area of
freedom, security and justice.

The European Council, meeting in Tampere in October
1999, placed the creation of the area of freedom, security
and justice at the top of the political agenda. With a view
to achieving this aim, the European Council designated
the principle of mutual recognition as the cornerstone of
judicial cooperation in both civil and criminal matters
within the European Union.

Courts, prosecution offices and other national competent
the European Union can issue
authorities throughout
decisions in various stages of civil and criminal proce-
dures. By virtue of the principle of mutual recognition,
these decisions are recognized and enforced, in accord-
ance with the applicable legislative act, in a Member State
other than the one in which they were handed down. All
judges and prosecutors in the European Union may thus
be required to enforce decisions in civil and criminal
matters handed down in another Member State.

(5)

(6)

(7)

The Hague programme of 2004 (1) emphasised the need
to strengthen mutual confidence by requiring an explicit
effort to improve mutual understanding among judicial
authorities and different
to promote
exchange programs for these authorities and to systemati-
cally include a European Union component
in their
training.

systems,

legal

The European Commission's communication of 29 June
2006 (2) on judicial
training in the European Union
stressed the need to develop judicial training in order to
make effective and visible the progress achieved in estab-
freedom, security and justice. The
lishing the area of
communication stressed in particular
to
improve practitioners' familiarity with legal instruments
of the European Union, to improve mutual understanding
of Member States' legal systems and to improve language
training. While stressing that it is primarily up to the
Member States to incorporate the European dimension
fully into their national activities,
the communication
also underlined the need to develop a more fully inte-
grated type of training, conceived and implemented at
European level.

the needs

Mutual confidence and trust depends notably on the
judges, prosecutors and judicial staff
certainty that all
(such as assistants,
in the
European Union receive suitable training. The training
provided to judges, prosecutors and judicial staff is thus a
vital tool for fostering mutual recognition.

law-clerks and registrars)

(4)

In order to properly implement the principle of mutual
recognition, the Member States and their judicial authori-
in each other's legal
ties need to have mutual

trust

(1) OJ C 53, 3.3.2005, p. 1.
(2) COM(2006) 356 final.

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(8)

(9)

(10)

(11)

(12)

Adequate judicial training requires in particular that all
judges, prosecutors and judicial staff be provided with
sufficient knowledge of European cooperation instru-
the European
they make full use of
ments and that
Union's primary and secondary law. Such training should
cover all the aspects that are of relevance to the develop-
ment of the internal market and of the area of freedom,
security and justice.
It should contribute to adequate
knowledge of the law and legal systems of the other
Member States of the European Union and promote rele-
vant courses of comparative law.

Following the entry into force of the Treaty on European
Union, several European bodies, such as the Academy of
European Law (Europäische Rechtsakademie) (ERA) and the
European Centre for Judges and Lawyers at the European
Institute of Public Administration (EIPA), have been orga-
nising training courses for legal professions and judicial
staff,
and secondary
European law.

focusing mainly on primary

The European Judicial Training Network (EJTN), which
was founded in October 2000, is an association which
comprises the Member States'
institutions which are
responsible for the training of judges and prosecutors. Its
objective is to promote and organise European training
programmes for judges and prosecutors of the Member
States and their trainers. To that end, the EJTN orga-
the implementation of a catalogue containing
nises
cross-border
training opportunities. The EJTN is also
responsible for carrying out the implementation of an
exchange programme for judicial authorities.

The Hague programme indicated that the EJTN should be
supported by the Union. In its resolution of 24 September
2002 (1),
European Parliament underlined the
the
importance of the EJTN.

financial programmes of

Since 1996,
the European
Union have supported judicial
training developed by
training institutions and by European bodies
national
such as ERA, EIPA and EJTN. Council Decision
2007/126/JHA of 12 February 2007, establishing for the
period 2007 to 2013, as part of the General Programme
Specific
on Fundamental Rights
Programme ‘Criminal Justice’ (2), established an operating
grant
for EJTN. ERA and EIPA are also regularly
supported by the Community budget. Specific framework
partnership agreements have been concluded between the
European Commission and EIPA, ERA and EJTN. The
latter is the privileged partner in implementing the judi-
cial exchange programme, and its efficiency should be
enhanced.

Justice,

and

the

(13)

The national bodies which provide judicial
training
remain nevertheless the key vehicles for imparting a
common foundation of both theory and practical appli-
in a broader sense, a common
cations as well as,

(14)

(15)

(16)

(17)

(18)

European judicial culture which, whilst based on unity
through European law, at the same time recognises the
diverse legal and judicial systems of the Member States.

In order to promote genuine mutual trust between judici-
aries of the Member States, it is important to adopt a
definition of training which is as broad as possible, with
the aim of establishing a common European judicial
culture. Based on common values and traditions, such a
common European judicial culture should inter alia
promote the capacity of judges, prosecutors and judicial
staff to demonstrate openness towards the legal culture
and traditions of other Member States and to address
relevant issues of deontology.

to

the

Parliament

the
In its resolution of 9 July 2008 on the role of
judge in the European judicial system (3), the
national
European
insufficient
pointed
knowledge by judges and prosecutors of European law
due to the low number of them having received adequate
training in this field. Also, mutual evaluation reports
have demonstrated that judges, prosecutors and judicial
staff in the Member States of the European Union are not
always sufficiently familiar with European law and that,
in general,
the
European bodies which are available with a view to,
notably, facilitating procedural matters, such as Eurojust
and the European Judicial Networks.

they do not make sufficiently use of

The relevance of the further development of a European
judicial culture has not yet sufficiently permeated judges,
prosecutors and judicial staff in the Member States, and
the sense of belonging and contributing to a common
judicial area needs to be further enhanced.

Training in official
the European Union,
languages of
other than the mother tongue of the person concerned,
is very important
for judges, prosecutors and judicial
staff,
inter alia in order to enable and facilitate direct
contacts between judicial authorities of different Member
States, and in order to create an interest in and openness
towards the legal culture and traditions of other Member
States. Language training can also contribute to allowing
judges, prosecutors and judicial staff
to participate in
exchange programmes, as well as in training activities
which are held in other Member States.

It is essential that other legal professions, such as lawyers,
receive adequate training in the field of European law.
However, in the majority of Member States these profes-
sions are themselves responsible for organising their
training. It seems therefore appropriate not to include
them in the scope of
should
this
however not preclude that national authorities and the
European Union support, also financially, the training of
these other legal professions in the field of European law,
it being understood that the independence of these legal
professions should not be jeopardized.

resolution. This

(1) OJ C 273 E, 14.11.2003, p. 99.
(2) OJ L 58, 24.2.2007, p. 13.

(3) Not yet published in the Official Journal.

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(19)

(20)

Judges and prosecutors
in the
fulfil
Member States. Therefore, nothing in this resolution
obliges Member States to organise common training for
judges and prosecutors.

separate tasks

(g) to promote a sharing of ideas on the development of the
area of freedom, security and justice and its implications
for the proper operation of justice.

This resolution should contain a review clause on the
application of these guidelines. In the light of that review,
appropriate measures should be taken in order to further
improve the situation if and where necessary.

3. The Member States should take all practicable steps to
ensure that their national bodies responsible for training the
judges, prosecutors and judicial staff, building upon their
existing efforts,

(21)

In view of the above, action should be taken as regards
training for judges, prosecutors and judicial staff,

HEREBY ADOPT THE FOLLOWING RESOLUTION:

1. When organising training for judges, prosecutors and judicial
staff (such as assistants,
law-clerks and registrars), without
prejudice to judicial independence or different judicial orga-
nisations in the European Union, Member States should
adhere to the guidelines set out below.

(a) disseminate information on the legal systems and law of
other Member States of the European Union, such as by
setting up courses on comparative law;

(b) increase opening up their national training courses to
judges, prosecutors and judicial staff from other Member
States;

(c) develop and stimulate direct exchanges between judges,
prosecutors and members of judicial staff of different
Member States, including by playing an active part in the
Judicial Exchange Programme (1), by promoting ‘twin-
nings’ and by any other appropriate means;

(d) effectively develop, by all suitable means, the European
Judicial Training Network (EJTN) and take an active part
in its activities.

2. These guidelines are designed to achieve the following

general aims:

4. In order to achieve the general aims described above, the
Member States should encourage and, where appropriate,
develop new concrete action designed to:

(a) to contribute to the development of a genuine European
judicial culture, based on diversity of the legal and judi-
cial systems of the Member States and unity through
European law;

(b) to improve the knowledge of

the European Union's
primary and secondary law among judges, prosecutors
and judicial staff, including fostering the knowledge of
the procedures before the European Court of Justice, in
particular
the procedure for obtaining a preliminary
ruling on the validity and/or interpretation of provisions
of European law;

(c) to promote, through appropriate training, the application
of European law by judges, prosecutors and judicial staff,
in a way which is in keeping with the fundamental rights
and principles recognised in Article 6 of the Treaty on
European Union and reflected in the Charter of Funda-
mental Rights of the European Union;

(d) to foster the knowledge of the legal systems and law of
the other Member States, notably by promoting relevant
courses of comparative law;

(e) to enhance the language skills of judges, prosecutors and

judicial staff throughout the European Union;

(f) to foster a shared awareness of issues that are common

to the judges, prosecutors and judicial staff;

(a) highlight the European dimension of the judicial func-

tions, by:

(a) incorporating training on European law into their
initial national training program, if one exists, and
into their continuous training program and curricula,
duly taking into account in this regard the guidelines
to be laid down in this respect by the EJTN, making
full use of the experience of existing training institu-
tions;

(b) extending the programme of exchanges referred to in

point 3(c) to judicial staff, as appropriate;

(c) promoting, among judges, prosecutors and judicial
staff, the knowledge of at least one other official
language of
in particular
the European Union,
through training programs, and favouring such
knowledge if and when appropriate,
taking into
the legal and judicial
the specificities of
account
system of
the Member State concerned, e.g. on
recruitment of judges, prosecutors and judicial staff
and during evaluation moments;

(1) Judicial Exchange Programme based on Article 49(2) of the Council
Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 applicable
to the Financial Regulation on the general budget of the European
Communities (OJ L 248, 16.9.2002, p. 1).

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(d) fostering the knowledge of the legal systems and law

of other Member States;

(e) supporting the learning of European e-justice tools;

(f) encourage e-learning and use modern techniques.

(b) adopt common European training programmes,

the
content of which should be determined by the EJTN, and
the implementation of which should be assured by the
EJTN and/or its members, such as:

(a) one or more common training modules;

(b) a common training programme designed for specific
categories of relevant professionals, such as high-
level judicial staff, specialised judges or prosecutors,
and trainers;

(c) a common training programme of a short duration
which will bring together judges, prosecutors and
members of judicial staff of various Member States
(‘European classes’), the organisation of which should
initially be attributed to national training bodies.

5. The EJTN and its members should play an important role in
the practical implementation of these guidelines. To that end,
appropriate measures should be taken to strengthen the EJTN.

6. With a view to achieving the above objectives, Member
States are invited to take the necessary measures in order to

allow the members of the EJTN to increase the amount of
their respective financial contributions to the EJTN and thus
ensure sustainability of its functioning.

7. The Commission and the Member States are invited to
consider the possibility of revising the administrative proce-
dures for allocating Community funds to training projects
for judges, prosecutors and judicial staff, notably those orga-
nised by bodies with which the Commission has concluded
framework partnerships, in particular ERA, EIPA and EJTN,
with a view to further simplifying these procedures and
allowing available funds to be allocated within shorter time-
frames.

8. The Member States and the Commission are invited to
ensure the rapid implementation of this Resolution. To that
end, the Presidency and the Commission are further invited
to make the necessary contacts with the European training
bodies.

9. The Council shall review the application of these guidelines
at the latest four years after their adoption, on the basis of a
report presented by the Commission. In view of the results
of such revision, appropriate measures should be taken in
order
improve the situation if and where
necessary.

to further