Cross-border training workshop: Mutual Trust and Judicial Independence in the EAW framework

Overview

The European arrest warrant (EAW) is the most emblematic instrument of mutual recognition in the field of criminal law. The well-functioning of the EAW is based upon mutual trust, and mutual trust is founded on the presumption that the criminal courts of the EU Member States are independent. What are the consequences for the EAW when the independence of the issuing judicial authority is questioned? Under what circumstances may the execution of a European arrest warrant be refused on grounds of lack of judicial independence?

The goal of this workshop is to provide the tools to answer these questions and enhance the understanding and application of the criteria developed by the case-law of the Court of Justice of the European Union and the European Court of Human Rights. The analysis will focus on the challenges for judicial independence in the context of the rule of law backsliding, the independence of prosecutors when they have been designated as the issuing judicial authority, and more generally the consequences for mutual trust and mutual recognition when the requirement of judicial independence is at stake.

Programme

Thursday 21 March

9:15-9:30 Welcome

9:30-11:00 Panel 1. Mutual trust and rule of law backsliding

11:00-11:20 Coffee break

11:20-13:00 Working groups

13:00-14:00 Lunch

14:00-16:00 Panel 2. Perspectives from national judges

Friday 22 March

9:15-10:30 Panel 3. The independence of prosecutors as the issuing judicial authority

10:30-10:50 Coffee break

10:50-12:30 Working groups

12:30-13:30 Roundtable discussion on mutual trust and judicial independence: the case of Puig Gordi and Others

Cross-border training event for prosecutors and judges, 21–22 March 2024, organized by Pompeu Fabra University (UPF), Barcelona, residential + online mode

Framework: This workshop is offered within the European Commission’s funded project TRIIAL 2 – TRust, Independence, Impartiality and Accountability of Legal professionals under the EU Charter (project no. 101089737, JUST-JTRA-EJTR-AG-2020). The TRIIAL 2 Project provides training activities and tools for judges, attorneys, and prosecutors on the European rule of law, mutual trust, judicial independence, impartiality and accountability (see the dedicated website here).

Target group

Public prosecutors and judges from European Union (EU) countries. The training will be in English and opened to those with both basic and experienced knowledge of EU law and ECHR.
The Workshop will host 40 participants, of which 15 will be in person and 25 online.

Participation is free of charge.

For the 15 in-person participants, the travel, accommodation and meals at the venue are covered by the organizer.
Participants will be provided with certificates of participation.

Application

The deadline for the submission of applications is 15^th of January 2024.

Submit your application, including the documents mentioned below, to David.mier@upf.edu. You should mention in the title of your email whether you want to participate in-person or online.
Italian judges are invited to submit their applications to: internazionale@scuolamagistratura.it. For questions, please contact Gianluca Grasso at: gianluca.grasso@giustizia.it
Romanian attorneys are invited to submit their applications to: veronica.morecut@unbr.ro.

The following documents shall be attached to the application:

1. CV in English (including a section on proof of knowledge of English)

2. A short motivation letter (max 2 pages) outlining the candidate’s specific reasons for applying to a Workshop on Mutual Trust and Judicial Independence in the EAW Framework (please describe how your professional activity correlates to the workshop’s field of interest and how you could both benefit from and contribute to the Workshop in this field)

For questions regarding the Workshop and the project, contact: david.mier@upf.edu

Selection Procedure

The assessment of applications will be based on the following criteria:

1. Gender and age balanced;

2. Geographically balanced;

3. Balance in the judicial hierarchy: both higher and lower instance courts shall be represented among selected participants;

4. Trainers will have priority in selection (please refer to relevant training responsibilities in your CV);

5. Knowledge of and experience with fundamental rights and rule of law issues;

6. Good knowledge of English;

7. Single participation within the same Training Project (TRIIAL 2): in principle, no participant can take part in more than one Workshop among those offered within the TRIIAL 2 Project.

Pompeu Fabra University will select 40 legal practitioners. After the exhaustion of the 15 in person places, the remaining ones will be allocated to online participation.

Outcome of the Workshop

• You will receive a certificate of participation;

• You will be able to understand and explain the main legal issues relating to the European rule of law (the training’s “core”);

• You will be able to identify the standard of effective judicial protection under Article 47 EU CFR and the role of the ECHR and the case law of the Strasbourg Court to determine it;

• You will become familiar with the procedural steps through which the existence of a duty to pursue or suspend horizontal judicial cooperation exists;

• You will become familiar with the allocation of the burden of proof in cases concerning the implications of rule of law problems on mutual trust, as well as understand how that burden can be satisfied;

• You will be able to establish whether the solution of the pending case requires the involvement of the Court of Justice through the reference for preliminary ruling;

• You will be able to find cases decided by the Court of Justice or national courts which can help you solving the pending case or supporting your legal arguments;

• You will understand how to implement the relevant case law of the Court of Justice in your case;

• You will acquire the ability to relate the knowledge acquired to the cases you are dealing with in your legal practice;

• You will be able to create and design new arguments to convincingly plead your case where issues concerning mutual trust and the rule of law arise;

• You will become part of a network of legal practitioners and scholars dealing with similar issues that could provide support for future questions.