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
top of page
|