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Building Connections and Sharing Education Resources in Judicial Education. Victor Hall, General Secretary, European Judicial Training Network The Honourable Justice Thea P. Herman, National Judicial Institute Sandra E. Oxner , Chair, Commonwealth Judicial Education Institute

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building connections and sharing education resources in judicial education

Building Connections and Sharing Education Resources in Judicial Education

Victor Hall, General Secretary, European Judicial Training Network

The Honourable Justice Thea P. Herman,National Judicial Institute

Sandra E. Oxner, Chair, Commonwealth Judicial Education Institute

4th International Conference on the Training of the JudiciarySydney, Australia

national judicial institute
National Judicial Institute

The Canadian Context:

  • Federal state
  • Large country
  • Diverse population
  • Bijural and bilingual
  • First Nations/Aboriginal peoples
national judicial institute1
National Judicial Institute

The model:

A single national, bilingual education body providing overall coordinating and information-sharing function with respect to judicial education in Canada

The ‘repository’ and ‘inventory’ of judicial education expertise in Canada

national judicial institute2
National Judicial Institute

NJI programming and resources –

    • 85 programs annually:
    • Court-based programming
    • NJI programs
    • Online programs
  • Other resources:
    • Judicial Library
    • Bench Books
    • Modules
european judicial training network
European Judicial Training Network

Organising Pan-Continental Legal Training

  • European Judicial Training Network Mission Statement
  • Imperatives at European level
  • Membership
  • Supremacy of European Law> commonality
  • Genesis and political iterations
  • Mutual recognition/area of freedom, security and justice
commonwealth judicial education institute cjei
Commonwealth Judicial Education Institute (CJEI)
  • Establishing the CJEI
  • Examples of Various Connections
    • CJEI Patrons
    • CJEI Fellows
    • CJEI Report
    • CJEI Biennial Meetings
    • CJEI Programmes
slide9

European Judicial Training Network

Implementation:

  • Need for inclusivity
  • All members are equal, however large or small
  • Wealth of country irrelevant
  • Differential membership fees based on GDP
  • Equality of voting
  • Rule change to give Steering Committee discretion
  • Open to corps judiciaire of all EU countries
european judicial training network1
European Judicial Training Network

Implementation (ii):

  • Structure:
    • General Assembly
    • Secretary General
    • Steering Committee
    • Working Groups and sub-groups
      • Programmes WG with 4 sub-groups
      • Exchange Programme WG
      • Technologies WG
      • External Relations WG
commonwealth judicial education institute cjei1
Commonwealth Judicial Education Institute (CJEI)
  • CJEI Gateway

- Commonwealth electronic linkage network for judicial education materials

national judicial institute3
National Judicial Institute

Supporting the Network:

  • Judicial Faculty Development
  • International Judicial Faculty Development
  • Court Education Chairs Programs
  • Judge-led course design, planning and delivery
  • Judicial Associates
  • Education Guides
  • In the future?: College of Judicial Educators
national judicial institute4
National Judicial Institute

NJI Educational Modules

Example:

Communicating in the Moment

commonwealth judicial education institute cjei2
Commonwealth Judicial Education Institute (CJEI)
  • Challenges
  • Techniques for Overcoming Challenges
national judicial institute8
National Judicial Institute

Challenges in Maintaining Networks:

Domestically

  • Keeping open lines of communication
  • Different commitment, cultures, needs and approaches of partners
  • Making bilingualism effective and relevant
  • Depends on volunteer time by judges
national judicial institute9
National Judicial Institute

Challenges in Maintaining Networks (ii):

Internationally (JEDNET)

  • JEDNET – international project aimed at determining how to build and sustain networks, and share knowledge between judicial education bodies:
    • time/resources/staff
    • protecting judicial independence; promoting judicial ownership and leadership
    • difficult to sustain
national judicial institute10
National Judicial Institute

Challenges in Maintaining Networks (iii):

Network has to have ongoing value for participants

european judicial training network2
European Judicial Training Network

Challenges:

  • Independence of the judiciary
  • Reciprocal enforcement > mutual trust
    • Size of geographical area and population
    • Independence from political input
    • Confidence in other judiciaries/level of judge giving judgement
    • Application of underlying law
    • Confidence, in and uniformity of training and its quality
european judicial training network3
European Judicial Training Network

Challenges (ii):

  • Incorporation of European Law principles into national law
  • Levels of the judiciary trained nationally varies
    • Induction
    • Continuation
    • Junior versus higher ranked judges
  • Time made available – “judge release time”
  • Consensus politics –lowest common denominator?
european judicial training network4
European Judicial Training Network

Challenges (iii):

  • Linguistics
  • Differing levels of participation
  • Downgrading importance of European Law nationally
  • Many different, national factors at work across the continent
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