The CEELI Judicial Exchange touches base in India

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The CEELI Institute is pleased to initiate a multi-year partnership with the National Judicial Academy in Bhopal, India, and the U.S. Federal Judicial Center, which will promote a series of exchanges between U.S. and Indian judges.  This effort, generously supported by the US Department of State’s Counterterrorism Bureau, will focus particularly on judges who are responsible for adjudicating complex cases involving terrorism and national security crimes. As is on our past work on this subject matter with judges from a variety of backgrounds, including the Balkans, Middle East and North Africa, the Institute will again make particular use of relevant good practice documents generated by the 30-member Global Counter-Terrorism Forum (GCTF), a body which includes both India and the United States (www.thegctf.org).  Of particular relevance for framing the discussions in this effort is the Hague Memorandum on Good Practices for the Judiciary in Adjudicating Terrorism Offenses, a Good Practice document drafted by the GCTF with extensive international input, and reflecting relevant international standards.  The CEELI Institute is proud to have participated in the drafting of the Hague Memorandum, which was approved in plenary by the GCTF in 2015. 

The Initial exchanges under this project between Indian and American judges are now scheduled for late October 2017 in Bhopal, at the Academy, and early 2018 in Washington, at the Federal Judicial Center.  As a precursor to this effort, CEELI Institute staff accompanied Judge John Tunheim, Chief Judge of the District of Minnesota, to India in April of this year for meetings with the leadership and faculty of the Indian National Judicial Academy. Over the course of 3-days, the Institute representatives outlined plans for the exchange, toured the NJA facilities, and met with key Indian partners in both Bhopal and New Delhi.  

This project reflects the CEELI Institute’s ongoing commitment to work with judges in countries on the front lines in the fight against terrorism. To date, our previous efforts have engaged judges from the Western Balkans, as well as in the Middle East and North Africa (MENA). Over the course of the past two years, the CEELI Institute has successfully organized four such counterterrorism conferences, with a fifth due to take place in Malta on October 11-13 of this year.  This work has resulted in the Institute amassing a diverse and talented pool of counterterrorism experts who frequently act as program faculty.  

Partnering with the Association of Croatian Judges

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The CEELI Institute is delighted to announce its new joint partnership with the Association of Croatian Judges in delivering continuing legal education programs for judges from the Czech Republic, Croatia and other EU member states.  The project, funded by the European Commission’s Justice Directorate, is designed to strengthen judicial respect and protections for the legal rights of defendants in criminal proceedings. The project will promote greater understanding among EU judges charged with applying the EU’s Charter of Fundamental Rights in the field of criminal justice, and will specifically address the right to information in criminal proceedings (Directive 2012/13/EU), and the right of access to a lawyer in criminal proceedings (Directive 2013/48/EU).   

This effort is particularly significant because it is designed to make language accommodations for non-English speaking judges from both Croatia and the Czech Republic, and thereby directly address issues of under application of EU criminal justice standards and guarantees in some national courts.  The partnership on this project with the Association of Croatian Judges is a natural extension of their long cooperative relationship with the CEELI Institute that has included participation of Croatian judges, both as participants and as faculty, at numerous Institute programs, as well as collaboration by the Institute and the Association to conduct an ongoing series of international judicial conferences in Croatia. 

Evaluation of Judges: An Interactive Webinar Held on December 18, 2015

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bara webinarOn December 18, 2015, the CEELI Institute, as part of its Central and Eastern European Judicial Network program, organized an online workshop on the “Evaluation of Judges.” The webinar was led by Mr. Pim Albers, an independent Dutch expert with global expertise in issues related to the judiciary and court administration. Mr. Albers gave an in-depth overview of international standards related to the evaluation of judges, how to develop and use clear performance standards and neutral performance indicators, and shared his experiences from recent initiatives on the evaluation of judges in Ukraine and Moldova. All ten judges from across the CEE region who participated in the event appreciated the presentation and supplemental discussion, as methods used for evaluating judges remains a highly charged and politically controversial issue across this region. The CEELI Institute intends to continue to initiate dialogue on this particular issue, and involve more international experts and judges to participate. Similar events are planned for late February/early March 2016.

The Conference of Chief Justices of Central and Eastern Europe Undertakes a Landmark Step in Approving The Statement of Principle of the Independence of the Judiciary

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Brijuni ConferenceThe Conference of Chief Justices of Central and Eastern Europe is a self-sustaining organization whose members are the Supreme Court Chief Justices who lead the judiciaries of twenty-three nations from the Baltic Sea to the Caucasus, including the Balkan Peninsula. The Conference meets annually in one of the member countries to address the many common challenges faced by the Chief Justices in improving their countries’ judiciaries, promoting judicial independence, strengthening integrity and accountability, improving court management, fighting corruption, and building public support for the courts. The CEELI Institute has been honored to support the work and mission of the Conference since its inception in 2011.

This year’s Conference was hosted by the Supreme Court of Croatia, from 11-14 October at the seaside Croatian town of Brijuni. Notably, this year’s session saw the culmination of work over the past three years, with the signing by the assembled judges of the Statement of Principles of the Independence of the Judiciary, known now as the Brijuni Statement. As noted by this year’s Conference host, the Honorable Branko Hrvatin, President of the Supreme Court of Croatia, the Brijuni Statement represents a “clear commitment by the Judges of Central and Eastern Europe to the Rule of Law.” The Brijuni Statement reaffirms the fundamental principles of judicial independence and integrity, and adds to the body of international instruments that recognize that true judicial independence, both institutional and individual, is indispensable to the successful functioning of the judiciary under the rule of law.

The Brijuni Statement is modeled after a similar effort undertaken by the Conference of Chief Justices of Asia and the Pacific, which resulted in the adoption of the Beijing Statement of Principles of the Independence of the Judiciary in 1995. The Brijuni Statement is a reaffirmation of a long-held and shared belief amongst its signatories in judicial independence and the obligation to uphold the rule of law.

The CEELI Institute’s efforts have supported the work of the Conference of Chief Justices of Central and Eastern Europe since its inception in 2011. Indeed, the formal organization of the Conference was preceded by two Judicial Integrity Roundtables held at the Institute in 2007 and 2010. The Conference itself was launched in Prague, at the Institute, with support from the U.S. Department of State, and with the commitment of United States Supreme Court Chief Justice John Roberts, who attended the first Conference, and Associate Justice Sandra Day O’Connor. The Conference is now a self-sustaining body that meets annually in one of the countries represented, and provides the opportunity for the Chief Justices to discuss common challenges, share ideas and work towards solutions. The Conference continues to flourish and since its inception has rotated between member states, each year hosted by a Chief Justice from a different country. Conferences over the past several years have been hosted by Chief Justices from Albania (2012), Montenegro (2013), the Republic of Georgia (2014), and, most recently, Croatia (2015).

The CEELI Institute continues to provide guidance and expertise to the Conference through CEELI Institute Board member, Judge John M. Walker, former Chief Judge of the U.S. Court of Appeals for the Second Circuit. Judge Walker also enlisted the support of Judge Clifford J. Wallace, former Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, whose extensive experience includes establishing a similar conference for the countries of Asia and the Pacific. Both judges, who are active in rule-of-law development, have an on-going role in supporting and advising the Conference on behalf of the Institute.

The CEELI Institute is gratified to be able to support the publication and distribution of the Brijuni Statement of Principles of the Independence of the Judiciary. The Brijuni Statement will be published and hosted on the CEELI Institute website. It joins other useful legal instruments addressing judicial independence the drafting of which have been supported by the CEELI Institute, including the Manual on Independence, Impartiality and Integrity of Justice: A thematic Compilation of International Standards, Policies and Best Practices.

Strengthening Judicial Independence & Accountability: Roundtable of the Central & Eastern European Judicial Exchange Network

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The Roundtable on “Balancing Judicial Independence and Accountability,” took place on June 6-7, 2015 in Prague, Czech Republic. More than 30 non-high court judges and court administrators from 18 countries of Central and Eastern Europe, as well as 3 judges from the Netherlands and the United States, participated in the Roundtable.

The Roundtable looked at current challenges faced by the judiciary in Network member states and considered appropriate efforts to promote and strengthen judicial independence and accountability. Particular attention was given to the issues of independence and separation of powers, protection for judges from removal without cause, and public pressures on judges. This event was an extraordinary opportunity to exchange experiences and best practices between participants of Network member states.

This Roundtable made particular use of and reference to the Network’s own manual on international standards governing judicial Integrity, which was recently completed by members of the Network. This tool aims to serve as a useful guide to facilitate the day-to-day work of judges and judicial staff worldwide, and was formally rolled out for presentation during the meeting. You can find manual on the CEELI Institute webpage here.

The event was organized as part of the CEELI Institute’s support for its “Central & Eastern European Judicial Exchange Network” which aims to support non-high court judges and court administrators in their work to improve judicial integrity and court efficiency (for more information please click here).