Legal English terminology in a National and European context 8-11 December Programme

Transcription

1 EU project European Judicial Training for Court Staff and Bailiffs Legal English terminology in a National and European context 8-11 December 2015 * * * * Seminar Venue: EIPA Luxembourg European Centre for Judges and Lawyers, 2 Circuit de la Foire Internationale, 1347 Luxembourg Programme Introduction Objectives: The objective of this training organised within the EU project European Judicial Training for court staff and bailiffs is to introduce court staff, clerks and bailiffs to the use of the English legal language in national and European contexts focusing on two essential aspects, terminology and texts. Participants will improve their knowledge on the vocabulary of law as well as on their lexical and linguistic skills. Trainer(s): Virgil Ivan-Cucu, Senior Lecturer, EIPA Luxembourg - European Centre for Judges and Lawyers (v.ivan@eipa.eu) Petra Jeney, Senior Lecturer, EIPA Luxembourg - European Centre for Judges and Lawyers (p.jeney@eipa.eu) Roberta Ribeiro Oertel, Lecturer, EIPA Luxembourg European Centre for Judges and Lawyers (r.oertel@eipa.eu) Programme Tuesday 8 December Registration of participants Presentation of the programme and participants Presentation of experts Objectives and methodology Presentation of participants, including their interests and expectations Defining the fields in which court staff and bailiffs need special legal English knowledge, capacities and skills Discussion within the groups of participants Discussion in plenary with the expert. Elaboration of a final list Coffee break 1

2 11.15 Workshop Multiple choice test to pre-assess the main concepts and terminology of EU law Presentation of results in plenary and discussion with the experts Lunch European Union s legal framework: general presentation of EU legislative instruments. Main characteristics of EU law Hierarchy of EU law sources: instruments of primary and secondary law New categories of legal acts after Lisbon: legislative vs non-legislative acts Role of unwritten sources of EU law (general principles and case law) An overview of fundamental concepts governing the relationship between European law and Member States domestic law: principle of primary, direct and indirect effect Coffee break The European Union Judicial Order. The application of EU law by the CJEU and the national courts Organisation, functioning and procedures of the CJEU with special reference to the specific activities of the registrars and legal secretaries The reference for preliminary rulings The EU Charter of Fundamental Rights End of first day Wednesday 9 December Workshop Multiple choice test to pre-assess the main concepts and legal terminology of EU civil and commercial law. Presentation of results in plenary and discussion with the expert Introduction to relevant EU legal instruments of cooperation in civil and commercial matters Introduction to the Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (recast): the main rules on jurisdiction Main aspects of judicial cooperation in civil and commercial matters relevant for court staff and bailiffs The role of court staff and bailiffs in judicial cooperation in civil and commercial matters in the EU The harmonisation process of instruments and the relationship with other instruments Main rules on jurisdiction Transitional arrangements Coffee break 2

3 11.30 Recognition and enforcement of judgments: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) The abolition of exequatur proceedings in the new Brussels I-bis Regulation The enforcement of judgments under the Brussels I-bis Regulation Lunch Recognition and enforcement of judgements: Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims The main conditions to obtain an EEO The certification of EEO: checking forms Instruments to facilitate European cross-border litigation: Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) Coffee break Instruments to facilitate European cross-border litigation: Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters seeks to improve, simplify and accelerate cooperation between courts in the taking of evidence End of Day 2 Thursday 10 December European cross-border procedures: Regulation (EC) 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure seeks to improve and simplify procedures in civil and commercial matters where the value of a claim does not exceed 2000 Euro European cross-border procedures: Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure allows creditors to recover their uncontested civil and commercial claims according to an uniformed procedure that operates on the basis of standard forms European cross-border procedures: Regulation (EU) 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters 3

4 11.15 Coffee break EU judicial cooperation in family matters. Main aspects of judicial cooperation in family matters. Jurisdiction in family matters The harmonisation process of instruments and the relationship between other instruments, such as the 1980 Hague Convention on International Child Abduction The role of court staff and bailiffs in family matters cooperation in the EU Lunch Jurisdiction in family matters: Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II-bis) Overview on the essential aspects regarding the scope, special terminology and concepts developed under the regulation General and special rules on jurisdiction Jurisdiction in matters relating to maintenance obligations: Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations Overview on the essential aspects regarding the scope, special terminology and concepts developed under the regulation General and special rules on jurisdiction Coffee break Recognition and enforcement of judgments: The enforcement of court decisions in family matters Recognition and enforcement of court decisions under the Brussels I-bis regulation Recognition and enforcement of court decisions on maintenance obligations and the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations End of Day 3 Friday 11 December Workshop Multiple choice test to pre-assess the main concepts and legal terminology of EU criminal law, EU e-justice and justice administration Presentation of results in plenary and discussion with the expert Coffee break 4

5 10.45 Criminal Matters - Procedural rights for suspected and arrested persons: Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings Practical aspects related to the role of the court and prosecution staff during the proceedings at national and cross-border level The main challenges facing the court and prosecution staff during the implementation of the interpretation procedure: quality of interpretation and translation; procedures to ascertain the need of an interpret; communication with defence lawyers, police, prosecution and judges; use of communication technology videoconferences, remote interpreting; assisting persons with deficiencies Right to translation procedures - main challenges: essential documents, summary, quality of the translation The right to interpretation, translation and information in proceedings related to the European Arrest Warrant; specific challenges due to the expeditious nature of the crossborder procedure. The costs Lunch Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims Scope and content of the directives The main challenges facing the court and prosecution staff during the implementation of rights, support and protection of victims of crimes International and national jurisdiction practices regarding victim protection EU e-justice; Administration and quality of justice; Participants will use the main tools of European e-justice and discuss their relevance to their professional practice. Participants will acquire new skills to operate cross-border data and e-document exchange, and to use ICT within courts and prosecution in the context of EU crossborder cooperation in civil, commercial and criminal matters Coffee break Simulation, role-play exercise. Example: Cross-border crime. Pre-trial investigations. Cross-examination and confrontation during a videoconference of two suspects arrested in two different EU Member States during a coordinated Eurojust - Europol operation. Crime victims are requested to recognise if the two detained persons are the offenders. The identity and nationality of the two suspects has not been determined yet. Which are the court staff and bailiffs tasks, activities? What contacts should be established, their follow-up and timing according to EU legislation, in order to support the organisation of the proceedings. 5

6 Debriefing: Analyses of the training materials Participants are invited to share their comments, interrogations and ask questions relating to their experience as court staff and bailiffs trainers Evaluation END OF THE TRAINING 6