. Presentation of the National Institute of Magistracy The - - PowerPoint PPT Presentation

National Institute of Magistracy Romania

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Presentation of the National Institute

• f Magistracy

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The National Institute of Magistracy (NIM or the Institute) is a public institution under the coordination of the Superior Council of Magistracy (SCM)

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The Institute conducts the initial training of judges and prosecutors, the continuous professional training of acting judges and prosecutors, and also the training of trainers.

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NIM does not belong to the national education system. It is an institution linked to the judicial system.

NIM Management

The Institute is headed by a director, two deputy directors and a Scientific Council formed of 13 members:

• a judge of the High Court of Cassation and Justice
• a prosecutor of the Prosecutor’s Office attached to the High Court of

Cassation and Justice

• a judge of the Bucharest Court of Appeals
• a prosecutor of the Prosecutor’s Office attached to the Bucharest Court of

Appeals

• 3 professors recommended by the most representative law faculties of the

country

• 3 representatives of the teaching staff of the Institute
• ne representative of the judicial trainees
• ne representative of the professional associations of judges and

prosecutors

• the director of the Institute, who chairs the Council

NIM Admission

Cumulative conditions of admission: a) Romanian citizenship, domicile in Romania and full capacity of exercise; b) licensed in Law; c) lack of criminal record or fiscal record; d) knowledge of Romanian language; e) physically and psychologically apt for the exercise of the profession.

NIM Admission

Multiple choice test Civil law Civil procedure Criminal law Criminal procedure Written test to verify legal knowledge III Interview I II

Initial training for judicial trainees

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Period of initial training for judicial trainees - 2 years

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In the first year, the training is organized at NIM premises, where the judicial trainees attend seminars and lectures. For the seminars, the trainees are divided in groups of maximum 17.

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In the second year, the training is mainly organized in the Internship centers

Initial training for judicial trainees

The training program includes:

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the disciplines of study (the study subjects)

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the number of hours allocated to each discipline, including the distribution between seminars and lectures

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the evaluation method for each discipline

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the Internships to be performed

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developed by the department of initial training of the NIM

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submitted for endorsement to the Scientific Council of the NIM

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submitted for approval to the SCM

The training program for judicial trainees

Initial training for judicial trainees

Based on the training program, the trainers elaborate the analytical programs for each discipline, specifying:

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the topics

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the number of hours allocated for each topic

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the details regarding the specific evaluation of each discipline (the number and the type of written tests, the homeworks, etc.)

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the bibliography

Initial training for judicial trainees

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For each topic, the trainers elaborate a seminar plan to be followed by all groups of trainees, specifying:

• the objectives of the seminar
• the training methods
• the specific bibliography
• the main questions to be debated during the seminar.

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For each seminar, the trainers establish the teaching materials (files, school cases, judgements etc.).

Initial training teaching staff

The training teaching staff of the Institute is formed of:

• Judges and prosecutors, seconded at the Institute
• Judges and prosecutors that collaborate with the Institute
• Other specialists (in foreign languages, psychology, sociology,

philosophy) that collaborate with the Institute

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The recruitment of the trainers is done by a commission formed of the director of the Institute and two trainers specialized in a discipline in connection with the position to recruit

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The candidate is interviewed by the commission, in order to asses his/her professional knowledge, the communication skills, the availability to collaborate with the Institute

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The candidates have also to conduct a demonstrative seminar; the commission assesses the quality of the information transmitted, the teaching methods, the attitude towards the participants in the seminar.

The first academic year

In the first year of studies the professional training focuses on:

• deepening the legal and general knowledge required for the

professions of judge and prosecutor

• acquiring the necessary skills for a magistrate (to know how to

study a file, to listen, to interrogate, to demand evidence and to interpret them, to understand the psychology of different types of persons, to make a decision, to draft a decision or any other jurisdictional act)

• awareness of the responsibility of being part of this profession
• an European and international perspective

The first academic year

Legal disciplines:

• Civil law and Civil procedure
• Criminal law and Criminal procedure
• Administrative law
• Commercial law
• Family law
• Forensics
• European Convention of Human Rights
• EU law
• Constitutional law

The first academic year

The practical character of the legal training

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the study of the files

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drafting decisions

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• rganizing simulated trials / sequences of trials

The practical character of studying the Human rights and the European Law :

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understanding the role and the impact of the ECHR and ECJ jurisprudence in national law;

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familiarization with the specific notions of the ECHR and ECJ

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the application of the ECHR and ECJ jurisprudence in specific fields

• f national law

The first academic year

Non-legal disciplines:

• Psychology
• Communication
• Sociology
• Critical thinking
• Personal development
• IT
• Foreign language: English or French

The objectives of the study of these disciplines:

• awareness of the social role of the act of justice
• understanding the psychology of different types of persons
• developing the critical thinking, the ability to argue
• support for the European and international perspective

The first academic year

Ethics and the organization of the judiciary

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knowledge of the behavioral standards specific to the function of judge and prosecutor

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awareness of the responsibility of the judge and the prosecutor, as a provider of a public service, in the interest of the citizen

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knowledge of the organization and functioning of the courts and prosecutor's offices

The first academic year

The interdisciplinary character of the training The acquired knowledge and skills have to be assimilated in an integrated way:

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the analytical programs of the disciplines are corroborated

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simulated trials, managed by mixed teams of trainers

• one trainer specialized in communication, ethics, psychology or

personal development

• one trainer specialized in the legal discipline in connection with the

subject of the file

The evaluation of the trainees during the first year

Continuous evaluation: Oral participation in debates Written tests + written homework Final evaluation: Examination continuous evaluation + final evaluation

2

Grade =

The evaluation of the trainers

The initial training trainers are assessed by:

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The judicial trainees

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The head of the discipline

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The specialist in educational sciences

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The director of the Institute The assessment criteria:

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the quality of the information transmitted by the trainer

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the teaching methods (the practical character, the interactivity, etc.)

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the attitude towards participants (respect, openness, impartiality, etc.)

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the usefulness of the feedback given by the trainer

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the compliance of organizational duties

The second academic year

After graduating of the first year in the NIM, the judicial trainees make a formal choice for their future profession (judge or prosecutor), in order

• f their graduation grades of the first year.

The second academic year

Practical training:

• Internship in courts or prosecution offices, according to the chosen

profession (6 months)

• Internship in prosecution offices for the future judges / internship in

courts for the future prosecutors (2 weeks)

• Internship in lawyers' offices (2 weeks)
• Internship in penitentiaries (1 week)
• Internship in other relevant institutions (the judicial trainees have to

choose between the police`s offices, the notary`s offices, the bailiff`s

• ffices, the National Probation Directorate)
• Practical module at NIM – Legal Medicine, Enforcement of

judgments, Anti-discrimination (2 weeks)

The second academic year

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The Internship in courts and prosecution offices is supervised by tutors (judges and prosecutors), who allocate each trainee to an experienced judge/prosecutor

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The judicial trainee is like the shadow of this judge/prosecutor (studying the files, assisting to all sequences of the trial, drafting the decisions/other procedural acts)

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The tutors evaluate the activity of the trainees during this Internship

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It is mandatory for trainees to draft during this Internship a certain number and type of procedural acts, mentioned in the training program

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The other Internships aim to rise awareness concerning the functioning of the main partners of magistrates in the justice system and to improve the collaboration between the juridical professions.

Extracurricular activities

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During the initial training, we organize extracurricular activities, in

• rder to ensure a pluralist formation of the future magistrates:
• Journal of the Institute
• conferences
• national summers schools

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Some of these extracurricular activities have an international dimension:

• AIAKOS – an EJTN Exchange program for young judges and

prosecutors

• Themis Competition organized by EJTN in the field of European Law

and human rights

• Summer schools organized by EJTN
• Essay competition with judicial trainees from other schools of

magistracy

Graduation exam

Written test, having a practical character

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drafting the decision, after studying a file

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answering a practical question

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solving a case Examination disciplines

• Civil law and Civil procedure
• Criminal law and Criminal procedure
• Ethics and the organization of the judiciary

After two years of work…

Trainee Judge or Prosecutor Graduation exam final grades of each of the two years + grade of the graduation exam

3

General grade =

After another 1 year of work in

courts or prosecution offices…

3 written and 6 oral tests

• Civil law and Civil procedure
• Criminal law and Criminal procedure
• Constitutional Law
• Human rights
• Ethics and the organization of the judiciary

Judge or Prosecutor

Capacity exam

Thank you for your attention!