Pursuant to Article 14 paragraph 1 item 13 of the Law on the Centre for Training in Judiciary and State Prosecution Service (hereinafter referred to as: “the Centre”), the Steering Committee of the Centre for Training in Judiciary and State Prosecution Service at the proposal of the Programme Council, and at the initiative of the Programme Committee for in – service training in terms of Article 22 paragraph 1 item 2 of the Law on Centre for Training in Judiciary and State Prosecution Service, at the session held on 1st February 2016 passed:
IN-SERVICE TRAINING PROGRAMME FOR JUDGES OR
STATE PROSECUTORS HOLDING THEIR OFFICE FOR MORE THAN FOUR YEARS
Objectives:
-Improvement of theoretical and practical knowledge of judicial office holders,
-Training of judicial office holders on uniform application of regulations and practise standardization,
-Timely familiarization with amendments to procedural and substantive laws adopted in both areas and finding solutions to certain dilemmas in the application of laws,
-Familiarization with the current case law,
-Familiarization with the general legal standpoints of the Supreme Court of MNE,
-Familiarization with comparative law practice and the practice of European courts,
-Improving the efficiency of international cooperation in criminal and civil matters.
Outcomes:
Upon completion of training the beneficiaries will:
-Have greater efficiency, competence and independence in the exercise of judicial function,
-Properly and uniformly apply regulations and legal standards,
-Efficiently contribute to the harmonization of case law,
-Improve knowledge in understanding the case law of European courts.
I MODULE
Topics:
-position, rights and obligations of judicial office holders the Code of Ethics,
-professional skills
-cases management,
-alternative disputes resolution, and
-other skills of importance for their work.
The time required for the programme implementation
Two-day seminar
Venue
Podgorica
Beneficiaries
-Judges and prosecutors.
Teaching material
-National regulations and international treaties and documents.
-Comments to regulations,
-Judicial decision.
Methodology
-Seminars (30 participants) with a combination of lectures and group discussions,
-Workshops and round tables based on interactive debate,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
Criminal Law - II MODULE
Procedural legal topics:
-actions of the police and prosecutors in the pre-criminal proceedings and investigation,
-postponenment of criminal prosecution and dismissal of the criminal charges for the reasons of fairness,
-costs of the criminal proceedings,
-measures for securing the presence of an accused person for the smooth conduct of the proceedings (surveillance measures, bail and detention).
-secret surveillance measures and the protection of privacy rights
-court’s securing of evidence.
The time required for the programme implementation
One-day seminar
Venue
Podgorica
Beneficiaries
-Judges and prosecutors.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision.
-Case law Bulletins.
-General legal views and legal opinions of the Supreme Court of MNE.
-Other professional literature.
Methodology
-Seminars (25 – 30 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
III MODULE
Topics:
Evidence gathering:
-witness - associate,
-financial investigations,
-recovery of criminal proceeds,
-inadmissible evidence.
The time required for the programme implementation
One-day seminar
Venue
Podgorica
Beneficiaries
-Judges and prosecutors.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminars (25 – 30 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
IV MODULE
Topics:
-plea bargaining agreement,
-liability of legal entities for criminal offenses,
-control and confirmation of the indictment,
-main trial,
-amendments to the bill of indictment,
-trial in absentia,
-identity of the indictment and verdict,
-judgment,
-hearing before the court of second instance.
The time required for the programme implementation
One-day seminar
Venue
Podgorica
Beneficiaries
-Judges and prosecutors.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminars (25 – 30 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
V MODULE
Substantive issues:
-general institute and open issues in the application of the Criminal Code, particularly in the case of new legal solutions,
-organized crime and corruption,
-cyber crime,
-protection against domestic violence and the Istanbul Convention,
-human trafficking with special focus on the specificity of taking testimonies from victims,
-money laundering,
-Witness Protection Law,
-probation period
The time required for the programme implementation
Six one-day seminar
Venue
Podgorica
Beneficiaries
-Judges and prosecutors.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminars (25 – 30 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
VI MODULE - Juvenile Justice
Topics:
-child’s rights and international standards,
-Law on the Treatment of Juveniles in Criminal Proceedings:
- alternative measures,
- criminal sanctions,
- application of the provisions on juveniles against adult persons,
- authorities and criminal proceedings against juveniles,
- remedies,
- specific provisions on the protection of juveniles as participants in criminal proceedings,
- control over the execution of criminal sanctions,
- application of correction orders,
- execution of criminal sanctions,
- assistance after the execution of institutional measures and juvenile imprisonment,
- the role of professional services in case of juveniles under the new Law on juvenile proceedings in criminal matters.
The time required for the programme implementation
Two-day seminar
Venue
Podgorica
Beneficiaries
-Judges and prosecutors.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminars (25 – 30 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
Civil Law - VII MODULE
Civil procedure topics:
-Law on Civil Procedure - amendments (preparation of the main trial/hearing, amending the claim, conduct of the main trial, presentation and evaluation of evidence, burden of proof and the active role of the court in the proceedings, amending the claim, development of the judgment and hearing before the court of second instance)
The time required for the programme implementation
One - day seminar
-Law on Enforcement and Security - issues arising in the application (e.g. decision on the complaint and enforcement on immovable property)
The time required for the programme implementation
A one – day seminar
-Cooperation and international legal assistance in civil matters.
- Law on International Private Law and open issues in its application,
- The Hague Convention on the Civil Aspects of International Child Abduction.
The time required for the programme implementation
One – day seminar
Venue
Podgorica
Beneficiaries
-Basic Court Judges.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminars (30 – 35 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
VIII MODULE - Substantive Law Topics:
Real law issues:
-acquisition of ownership right based on a legal transaction,
-actual expropriation,
-urban construction land,
-coastal zone.
Obligations
-null and void and voidable legal affairs,
-compensation of damages,
-responsibility of the state for the illegal work of state authorities.
Family Relations
-exercise of parental rights, child's opinion in the proceedings devoted to the decision making about her/his rights,
--property relations of spouses.
Hereditary Relations
-testament,
-claims in hereditary legal relations.
Labour relations
-termination of employment contract,
-transformation of employment from a temporary to an open ended employment.
International Private Law
-jurisdiction in disputes with international element and applicable law.
Prohibition of discrimination and gender equality
-forms of discrimination, personal characteristics, assumed personal characteristics and the burden of proof in court proceedings
The time required for the programme implementation
One - day seminar
-Law on Enforcement and Security - issues arising in the application (e.g. decision on the complaint and enforcement on immovable property)
The time required for the programme implementation
A one – day seminar
-Cooperation and international legal assistance in civil matters.
- Law on International Private Law and open issues in its application,
- The Hague Convention on the Civil Aspects of International Child Abduction.
The time required for the programme implementation
Three two – day and three one – day seminars
Venue
Podgorica
Beneficiaries
-Basic Court Judges.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminar (25– 35 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
Commercial Law - IX MODULE
Law on the basics of property legal relations:
- property rights establishment.
The time required for the programme implementation
A one – day seminar
Enforcement and security:
-enforcement against immovable property, ownership interest in a business organizations and shares,
-reasons behind the objection to the writ of execution and the decision on the complaint,
-interim measures,
-standing or locus standi in the enforcement proceedings,
-interim measure, stopping the ship,
-enforcements on the ship.
The time required for the programme implementation
Two-day seminar
Law on arbitration and other means of alternative dispute resolution
The time required for the programme implementation
A two-day seminar
-International treaties and applicable law,
-Failure to comply with contractual provisions and the basis for the termination of the contracts and effects thereof.
The time required for the programme implementation
A one two – day seminars
Venue
Podgorica
Beneficiaries
-Commercial Court Judges.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminar (25– 35 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
X MODULE - Business Organizations and Bankruptcy Proceedings
Topics:
-responsibility of authorized persons (executive director and members of the Board of Directors),
-responsibility of the founders of business organizations for the liabilities of the company,
-annulment of the decision of the General Shareholder Meeting,
-derivative claim,
-creditors in the bankruptcy proceedings,
-creditors with rights to separate settlement and creditors with title over property,
-bankruptcy estate,
-international bankruptcy,
-bodies in the bankruptcy proceedings,
-legal consequences of the bankruptcy proceedings,
-relationship between the bankruptcy administrator with other bodies,
-challenging the claims of a creditor whose claim is established based on writ of execution,
-legal nature of liabilities incurred during the activities of the debtor in the bankruptcy proceedings,
-contesting legal actions in the bankruptcy proceedings,
-fortified claims of creditors in the bankruptcy proceedings,
-cashing in and division of the bankruptcy estate, settlement and conclusion of the bankruptcy proceedings.
-interim measure, stopping the ship,
-enforcement on the ship,
-contract of carriage of goods.
The time required for the programme implementation
Two – day seminar
Venue
Podgorica
Beneficiaries
-Commercial Court Judges.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminar (25– 35 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
XI MODULE - Copyrights and other related rights/Intellectual Property
-trademark infringement,
-PAM services in relation to the national and foreign performers whose rights are protected,
-prohibition of registration of a trademark (interim measures),
-Patent,
-subject and content of the copyright,
-methodology of calculation of damages,
-claims, types of claims and decisions in this type of disputes.
The time required for the programme implementation
One– day seminar
Venue
Podgorica
Beneficiaries
-Commercial Court and Appeals Court Judges.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminar (25– 35 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
Administrative Law Area - XII MODULE
Topics:
-procedure for determining real rights on immovable property in the process of the public display of survey data,
-restitution on urban construction land,
-Law on protection of the trial within a reasonable time in the administrative dispute.
The time required for the programme implementation
Two – day seminar
Venue
Podgorica
Beneficiaries
-Administrative Court Judges.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminar (25– 35 participants) with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
XIII MODULE
Topic:
Law on Administrative Proceedings – new institutes
-acquisition of citizenship based on legal residence and marriage pursuant to the practise of the European Court for Human Rights,
-other open issues in the administrative law area.
The time required for the programme implementation
A two– day seminar
Venue
Podgorica
Beneficiaries
-Administrative Court Judges.
Teaching material
-National regulations and international treaties.
-Comments to regulations,
-Judicial decision,
-Case law Bulletins,
-General legal views and legal opinions of the Supreme Court of MNE,
-Other professional literature.
Methodology
-Seminar with a combination of lectures and group discussions,
-Practical cases analysis.
Lecturers
To be selected from the List of Trainers of the Centre.
Evaluation
-carried out following the completion of each training through a questionnaire that includes:
-evaluation of the Programme,
-evaluation of lecturers,
-evaluation of the training methods.
CONVENTION RIGHTS
EUROPEAN CONVENTION ON HUMAN RIGHTS AND OTHER CONVENTIONS AND INSTRUMENTS FOR HUMAN RIGHTS PROTECTION