European judicial training strategy (2021–2024)

SUMMARY OF:

Commission communication – Ensuring justice in the EU – A European judicial training strategy for 2021–2024

WHAT IS THE AIM OF THE COMMUNICATION?

It aims to consolidate a common European judicial culture based on the rule of law, fundamental rights and mutual trust.
To achieve this, it sets out a European judicial training strategy with measures to boost the correct and effective application of EU law.

KEY POINTS

The strategy identifies the following areas and contains recommendations for all involved (training providers, the European Commission, stakeholders and judicial networks).

EU law training requirements

Promoting a common rule-of-law culture. Well-trained practitioners play an important role in strengthening the culture and applying the rule of law.
Upholding fundamental rights. the EU Charter of Fundamental Rights should be a reality in people’s lives, and its relationship to national law and the European Convention on Human Rights should be understood.
Scaling up the digitalisation of justice. The profession needs to better understand and use digital tools and artificial intelligence.
Keeping pace with developing EU law. Practitioners have to remain abreast of EU legal developments, particularly in areas such as cross-border judicial cooperation, security, terrorism and organised crime, individuals’ procedural and victims’ rights and the implementation of single market and environmental legislation.
Equipping practitioners to address new challenges. Terrorism and cybercrime are constantly evolving, and changing work patterns have an impact on employment and social law.

Necessary components beyond EU law

Providing judicial practitioners with multidisciplinary abilities. These range from ‘judgecraft’* to non-legal knowledge and legal language skills.

More, broader and targeted training for all professionals applying EU law

Tailoring objectives. Judges and prosecutors are the main target groups, along with court and prosecution staff, lawyers, notaries and bailiffs.
Improving other professions’ EU law training. Prison staff, probation officers, mediators, court experts, insolvency practitioners and legal interpreters/translators all require knowledge of relevant EU law.

High-quality, effective training

Promoting strong methodology, flexibility of responses to different challenges, constant monitoring, exposure of practitioners to diverse forms of learning and evaluation of outcomes.

Training for young practitioners

Providing new justice professionals with a grounding in the EU legal system and culture. This should include systemic elements of EU law, fundamental rights, rule of law, ‘judgecraft’ and language skills.

Shared responsibility

Supporting national stakeholders who have the primary responsibility. Trainers, justice ministries and the regulated professions require the proper resources to achieve a genuine culture where training is seen as an investment.
Encouraging networks of EU law experts. Practitioners should be able to call on colleagues in national networks to provide legal expertise on EU issues.
Using the unique role of the European Judicial Training Network. With the necessary funding, the European Judicial Training Network is best placed to coordinate national and cross-border training activities.
Seeing EU actors as multipliers. The Academy of European Law, the European Institute of Public Administration and various EU law and justice professionals’ networks should boost training activities and share material and experience.
Providing Commission support. EU financing is available for European-dimension projects ranging from training trainers and fostering cross-border consortia to addressing EU priority areas, testing new ideas and responding to specific needs.
Targeting non-EU justice professionals. European judicial training extends to candidate and potential candidate countries, especially in the western Balkans, and could be extended to other non-EU countries, especially in Africa and Latin America.
Monitoring. The Commission will report on the strategy’s progress and work with stakeholders to improve data collection and analysis.

BACKGROUND

The Lisbon Treaty gave the EU a role in training judiciary and judicial staff in civil and criminal matters. In 2011, the Commission presented a communication entitled ‘Building trust in EU-wide justice – A new dimension to judicial training’.

The latest communication builds on the progress made. It emphasises the need for judicial training, particularly given the deterioration of the rule of law, attacks on fundamental rights in some EU Member States, increasing digitalisation and the possibility of the western Balkans joining the EU.

KEY TERMS

Judgecraft. How judges do their job, including everything that cannot be found in a book of law, evidence or procedure.

MAIN DOCUMENT

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Ensuring justice in the EU – A European judicial training strategy for 2021-2024 (COM(2020) 713 final, 2.12.2020).