8. TIMETABLE AND PRIORITIES

The above mentioned proposals are to be regarded as pretty specific proposals, yet with a general scope for what the time table is concerned, and can be implemented on short, midth and long term. After approval of the items as such, a decision should be taken on the term within each of them should be implemented, taking in mind the time that is needed for the preparation and development of the specific issue. On the basis of the needs assessment during the mission, as well as judging by the information gathered in the course of the mission, some priorities can be mentioned. For reasons of effectiveness in the implementation of possible PHARE-proposals and from the perspective to relieve the most pressing needs and demands, some priorities are proposed. On the basis of these priorities pilot projects can be started. In this way already on the short term some concrete results can be attained. This is not only good to attain specific goals that can be considered as forerunners for long term objectives, but also to obtain the psychological effect that concrete action is taken. This will create the feeling that all efforts made are rewarded. The following pilot projects are proposed:

A. Strengthening the Judiciary

Association of magistrates

To make a start with the strengthening of the Judiciary, attention should primarily be focussed on supporting the association(s) of magistrats. When the various members of the Judiciary, or even preferable the Judiciary as a whole, can stand up as one in their relation to the MJELI, it will enhance their position. Starting from that point, a real strengthening of the (position of the) Judiciary can be reached. Therefor, support should be given to the asociations of judges, public prosecutors and investigators. It is up to them to see whether strict cooperation between these association is possible, for this will strengthen the position of the Judiciary as a whole even more. Support must be given both in a materialistic form, as by way of introducing bilateral contacts with sister associations abroad. A joint bulletin to inform all members of the Judiciary of their mutual activities is important is this respect. This bulletin must function as a means of information and communication between the magistrats. The publishing of such a bulletin should be made possible by providing means (financial, logistic and computer facilities).

School of magistrates

Depending on the establishment of the school of magistrates, it is very important to start as soon as possible with the organisation of some seminars. If the school of magistrates is still not in function, the activities has to be carried out by an other counter partner, for example PIOR, the associations of judges or a combination of judicial actors. Out of information received by the Soros Foundation, ABA/Ceeli and USAID, I have concluded that some course activities already have been started or are planned. Fort that reason it is important that the various course activities will be geared to one another. Thinkable is to start with courses in the field of penal law and international legal cooperation.

B. The Penal Procedure Code

Pilot on introduction to the amended Penal Procedure Code. To make the contents of the amended Penal Procedure Code, the consequences of the amendments for the work of the Judiciary and the changes in the tasks and powers of each of the varous groups of magistrats known to all magistrats that are ‘confronted’ in their daily work with the Penal Procedure Code, introduction courses on the amendments must be offered to them. Objective of these courses will be to create with all magistrats concerned feeling for the new model and the phylosophy behind it and enable them to work with it in practice. The courses should therefor be practice oriented and focussed on the changes only. Starting point is after all the fact that all magistrats that will participate in these courses are already specialised in the existing Penal Procedure Code.

Furthermore, the general public should be made aware of the changes and the consequences they have for their rights and possibilities when they come into contact with the Penal Procedure Code. A conscience raising publicity campaign with this aim should be launched.

C. Legal Aid

Pilot on legal aid by organising a seminar for attorneys, judges, public prosecutors, law faculties and legal clinics on possible ways of providing legal aid, obstacles and possibilities in this field. The aim of such a seminar is that all possible points of view of the various people concerned are brought together. This will create a firm basis for the system to develop and the form to chose. In this respect attention should also be paid to ways to inform the general public on the item of legal aid, which should be considered as a basic right to all citizens.

D. Court Administration.

Pilot on providing an introductory course to all presidents and their respective court administrators on court administration. The president as the person who bears the final responsibility and the chief court administrator as the person who is responsible for the daily management of the court administration should be trained together in the most feasible ways to deal with the administration. The aim of such a course must be to create a mutual feeling of responsibility for the process of administration and come to a workable division of tasks. The creation of a team spirit should be strived at, whilst also possible ways of streamlining and ameliorating internal procedure should be discussed. This pilot will provide assistance to judges and court administrators on basis tools necessary to support the functioning of a modern court system. It is important to concentrate on two major areas: the functions of administrative units charged with the administration of the courts and the role of the administrative unit to assure an independent judiciary. The fundamental principle underlying the programme is that the administrative units should work for the benefit of the judiciary and the court system. Also the task and position of the MJELI in relation to the Judiciary could be considered during this pilot.

On the basis of the outcomes of these discussions and sessions, conclusions can be drawn for the revision of the court administration system used in the various courts.

E. Improvement of the whole pre-trail detention system

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