national institute of magistracy romania · the interdisciplinary character of the training . ......
TRANSCRIPT
National Institute of Magistracy
Romania .
Presentation of the National Institute of Magistracy
The National Institute of Magistracy (NIM or the Institute) is a public
institution under the coordination of the Superior Council of Magistracy (SCM)
The Institute conducts the initial training of judges and prosecutors, the continuous professional training of acting judges and prosecutors, and also the training of trainers.
NIM does not belong to the national education system. It is an institution linked to the judicial system.
NIM Management The Institute is headed by a director, two deputy directors and a Scientific Council formed of 13 members: a judge of the High Court of Cassation and Justice a prosecutor of the Prosecutor’s Office attached to the High Court of
Cassation and Justice a judge of the Bucharest Court of Appeals a prosecutor of the Prosecutor’s Office attached to the Bucharest Court of
Appeals 3 professors recommended by the most representative law faculties of the
country 3 representatives of the teaching staff of the Institute one representative of the judicial trainees one representative of the professional associations of judges and
prosecutors the director of the Institute, who chairs the Council
NIM Admission
Cumulative conditions of admission: a) Romanian citizenship, domicile in Romania and full capacity of
exercise; b) licensed in Law; c) lack of criminal record or fiscal record; d) knowledge of Romanian language; e) physically and psychologically apt for the exercise of the
profession.
NIM Admission
Multiple choice test Civil law Civil procedure Criminal law Criminal procedure
Written test to verify
legal knowledge
III Interview
I
II
Initial training for judicial trainees Period of initial training for judicial trainees - 2 years In the first year, the training is organized at NIM premises, where the judicial
trainees attend seminars and lectures. For the seminars, the trainees are divided in groups of maximum 17.
In the second year, the training is mainly organized in the Internship centers
Initial training for judicial trainees
The training program includes: the disciplines of study (the study subjects) the number of hours allocated to each discipline, including the
distribution between seminars and lectures the evaluation method for each discipline the Internships to be performed
developed by the department of initial training of the NIM
submitted for endorsement to the Scientific Council of the NIM
submitted for approval to the SCM
The training program for judicial trainees
Initial training for judicial trainees
Based on the training program, the trainers elaborate the analytical programs for each discipline, specifying: the topics the number of hours allocated for each topic the details regarding the specific evaluation of each discipline (the
number and the type of written tests, the homeworks, etc.) the bibliography
Initial training for judicial trainees
For each topic, the trainers elaborate a seminar plan to be followed by all groups of trainees, specifying:
the objectives of the seminar the training methods the specific bibliography the main questions to be debated during the seminar.
For each seminar, the trainers establish the teaching materials
(files, school cases, judgements etc.).
Initial training teaching staff The training teaching staff of the Institute is formed of: Judges and prosecutors, seconded at the Institute Judges and prosecutors that collaborate with the Institute Other specialists (in foreign languages, psychology, sociology,
philosophy) that collaborate with the Institute The recruitment of the trainers is done by a commission formed of
the director of the Institute and two trainers specialized in a discipline in connection with the position to recruit
The candidate is interviewed by the commission, in order to asses his/her professional knowledge, the communication skills, the availability to collaborate with the Institute
The candidates have also to conduct a demonstrative seminar; the commission assesses the quality of the information transmitted, the teaching methods, the attitude towards the participants in the seminar.
The first academic year
In the first year of studies the professional training focuses on: deepening the legal and general knowledge required for the
professions of judge and prosecutor acquiring the necessary skills for a magistrate (to know how to
study a file, to listen, to interrogate, to demand evidence and to interpret them, to understand the psychology of different types of persons, to make a decision, to draft a decision or any other jurisdictional act)
awareness of the responsibility of being part of this profession an European and international perspective
The first academic year Legal disciplines: Civil law and Civil procedure Criminal law and Criminal procedure Administrative law Commercial law Family law Forensics European Convention of Human Rights EU law Constitutional law
The first academic year
The practical character of the legal training the study of the files drafting decisions organizing simulated trials / sequences of trials The practical character of studying the Human rights and the European Law : understanding the role and the impact of the ECHR and ECJ
jurisprudence in national law; familiarization with the specific notions of the ECHR and ECJ the application of the ECHR and ECJ jurisprudence in specific fields
of national law
The first academic year Non-legal disciplines: Psychology Communication Sociology Critical thinking Personal development IT Foreign language: English or French The objectives of the study of these disciplines: awareness of the social role of the act of justice understanding the psychology of different types of persons developing the critical thinking, the ability to argue support for the European and international perspective
The first academic year
Ethics and the organization of the judiciary knowledge of the behavioral standards specific to the function of
judge and prosecutor awareness of the responsibility of the judge and the prosecutor, as a
provider of a public service, in the interest of the citizen knowledge of the organization and functioning of the courts and
prosecutor's offices
The first academic year
The interdisciplinary character of the training The acquired knowledge and skills have to be assimilated in an integrated way: the analytical programs of the disciplines are corroborated simulated trials, managed by mixed teams of trainers
one trainer specialized in communication, ethics, psychology or personal development
one trainer specialized in the legal discipline in connection with the subject of the file
The evaluation of the trainees during the first year
Continuous evaluation: Oral participation in debates Written tests + written homework
Final evaluation: Examination
continuous evaluation + final evaluation 2 Grade =
The evaluation of the trainers
The initial training trainers are assessed by: The judicial trainees The head of the discipline The specialist in educational sciences The director of the Institute The assessment criteria: the quality of the information transmitted by the trainer the teaching methods (the practical character, the interactivity, etc.) the attitude towards participants (respect, openness, impartiality,
etc.) the usefulness of the feedback given by the trainer the compliance of organizational duties
The second academic year
After graduating of the first year in the NIM, the judicial trainees make a formal choice for their future profession (judge or prosecutor), in order of their graduation grades of the first year.
The second academic year
Practical training: Internship in courts or prosecution offices, according to the chosen
profession (6 months) Internship in prosecution offices for the future judges / internship in
courts for the future prosecutors (2 weeks) Internship in lawyers' offices (2 weeks) Internship in penitentiaries (1 week) Internship in other relevant institutions (the judicial trainees have to
choose between the police`s offices, the notary`s offices, the bailiff`s offices, the National Probation Directorate)
Practical module at NIM – Legal Medicine, Enforcement of judgments, Anti-discrimination (2 weeks)
The second academic year
The Internship in courts and prosecution offices is supervised by tutors (judges and prosecutors), who allocate each trainee to an experienced judge/prosecutor
The judicial trainee is like the shadow of this judge/prosecutor (studying the files, assisting to all sequences of the trial, drafting the decisions/other procedural acts)
The tutors evaluate the activity of the trainees during this Internship It is mandatory for trainees to draft during this Internship a certain
number and type of procedural acts, mentioned in the training program
The other Internships aim to rise awareness concerning the functioning of the main partners of magistrates in the justice system and to improve the collaboration between the juridical professions.
Extracurricular activities
During the initial training, we organize extracurricular activities, in order to ensure a pluralist formation of the future magistrates: Journal of the Institute conferences national summers schools
Some of these extracurricular activities have an international
dimension: AIAKOS – an EJTN Exchange program for young judges and
prosecutors Themis Competition organized by EJTN in the field of European Law
and human rights Summer schools organized by EJTN Essay competition with judicial trainees from other schools of
magistracy
Graduation exam
Written test, having a practical character drafting the decision, after studying a file answering a practical question solving a case Examination disciplines Civil law and Civil procedure Criminal law and Criminal procedure Ethics and the organization of the judiciary
After two years of work…
Trainee Judge or Prosecutor
Graduation exam
final grades of each of the two years
+ grade of the graduation exam 3 General grade =
After another 1 year of work in courts or prosecution offices… 3 written and 6 oral tests Civil law and Civil procedure Criminal law and Criminal procedure Constitutional Law Human rights Ethics and the organization of the judiciary
Judge or Prosecutor
Capacity exam
Thank you for your attention!