newsletterjus.igjk.rks-gov.net/720/3/buletini, nëntor 2016_.pdf · activities from continuous...

Activities from Continuous Training Program (CTP)

Training for Administrative staff of Courts and Procesution

Other Activities

November 2016

Newsletter

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Activities from Continuous Training Program (CTP)

On November 1st 2016, Kosovo Judicial

Institute in cooperation with the UNHCR

Office in Prishtina organized the training

on “Preventing and combating irregular

migration”.

Purpose of this training was to extend

knowledge of judges and prosecutors re-

lated to international standards, provisions

set forth in applicable laws and other doc-

uments of the Republic of Kosovo in the

area of migration.

This comprehensive training discussed

topics on irregular migration and its risks,

managing legal and circulated migration,

and transformation of the migration into a

positive economic factor. The training al-

so elaborated on measures that impact pre-

vention and combating illegal migration

inside Republic of Kosovo that intensify

through implementation of the Law on

Foreigners, which regulates decisively

actions that shall be undertaken by compe-

tent bodies against persons who are stay-

ing irregularly in Kosovo.

During this training many questions were

addressed, like how efficient are institu-

tions in identification of irregular immi-

grants, how controlled are movements of

immigrants after their identification and

registration, what should be done for pre-

vention and combating efficient ways for

preventing and combating irregular migra-

tion.

Training was accompanied with cases and

concrete examples, exercises and group

tasks, to break down the right comprehen-

sion of international standards and appli-

cable international legal provisions related

to migration.

Beneficiaries of this training were judges

and prosecutors of basic instance, police

officers and officials from the Kosova Re-

habilitation Centre for Torture Victims

(KRCT).

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Preventing and combating irregular migration

The role and the duties of judges and procedures in a

judicial proceeding

On 02 November 2016, Kosovo Judicial

Institute within the continuous training

conducted training for lay judges on: “The

role and duties of judges and prosecutors

in a judicial proceeding”.

Main purpose of this training was to ad-

vance the knowledge of lay judges regard-

ing the judicial proceeding against juve-

niles, statutory and ethical issues of the

lay judges.

During this training were discussed the

main characteristics of the juvenile pro-

ceeding, the role of the lay judge in the

preparatory procedure, main trial, sessions

for advices and voting, including statutory

issues, as well as lay judges ethics.

Also during training special attention was

paid to the composition of the panel, the

approach of the lay judge to the case,

recognition of ethical principles and

avoidance of unethical behaviors.

The training was developed interactively

where judges had the opportunity to dis-

cuss difficulties issues encountered in ju-

dicial practice and individual work of cas-

es.

Beneficiaries of this training were lay

judges of basic court from different re-

gions of Kosovo.

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Article 8 of the European Convention on Human Rights and

its implementation (The right to respect the one’s private

and family life)

On November 03 2016, Kosovo Judicial

Institute with the support of the Office of

European Council, conducted training on

Article 8 of the European Convention on

Human Rights and its implementation

(The right to respect the one’s private and

family life).

This training intended to extend

knowledge of judges and prosecutors re-

lated to implementation of provisions that

the ECHR Article 8 contains, and its ef-

fect in the European Court for Human

Rights’ case law and the ways of applica-

tion in national courts.

Topics elaborated were the right to respect

for one's private and family life, his home

and his correspondence, breaking down

notions like private life, protection of pri-

vacy, protection of home, protection of

correspondence, interest of public safety,

protection of public order, health-moral

and protection of human rights and liber-

ties of others.

This training elaborated dilemmas and

questions through theoretical explanations

and using discussions, cases and concrete

examples, exercises, and elaborating the

right meaning of ECHR Article 8 provi-

sions, related to the right to respect the

private and family life relying on ECHR

jurisprudence.


of basic courts and professional associ-

ates.

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Conditions for concluding the contract - effects and

interpretation


Institute within its Continuous Training

Program (CTP) conducted training on

“Conditions for concluding contract – ef-

fects and interpretation”.

Purpose of this training was to enable the

participants to learn better about the legal

terms that have to be met in order to es-

tablish a contract, effects of the contract to

the contracting parties, interpretation man-

ner of the contract, and causes for its can-

cellation as number of disputes that arise

from the contract and contracting relations

is increasing.

This training elaborated on correct appli-

cation of the Law on Obligation Relation-

ships provisions and other applicable pro-

visions related to earnest, bail and reme-

dies for personal insurance of the contract

enforcement like withdrawal money,

criminal condition and contract of surety.

Training was delivered in form of interac-

tive discussions and practical cases solved

based on judgments of different judicial

trainings.


of basic courts.

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Criminal offences against sexual integrity


Institute, within the Continuous Training

Program (CTP) conducted training on:

“Criminal offences against sexual integri-

ty”.

This training aimed at contributing in in-

creasing the knowledge on criminal of-

fences of sexual integrity in general, rape

offence according to CCK and criminal

offence of sexual service of the trafficking

victims according to CCK

Within this training also were elaborated

issues related to the criminal offence of

sexual abuse of person’s under 16 years as

foreseen by Article 235 of the CCK and

recidivism.

During this training was used a combined

methodology of theory and practical chas-

es followed by discussions about the re-

spective issue


and prosecutors of basic instance.

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Ordinary and extraordinary legal remedies



Program (CTP) delivered training on

“Ordinary and extraordinary legal reme-

dies”.

Purpose of the training was to expand

knowledge on use of ordinary and extraor-

dinary legal remedies, basis when legal

remedies may occur, impartiality in re-

view of legal remedy, parties in the pro-

ceeding on ordinary legal remedies, essen-

tial violations of the criminal procedure

provisions, wrongful and incomplete

proof of factual state, etc.

Focus of this training were extraordinary

legal remedies, review of the criminal pro-

cedure, continuing criminal procedure,

improper review of the criminal proce-

dure, accurate review of the criminal pro-

cedure, review of the completed procedure

with binding judgments, request for ex-

traordinary remedy of mitigating the sanc-

tion and request for protection of legality.

Training was accompanied with study cas-

es from the case law related to ordinary

and extraordinary legal remedies, which

aimed to support judges in avoiding prob-

lems which occur in practice.

Beneficiaries of this training were judges,

prosecutors and professional associates.

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Case management


Institute, within its Continuous Training

Program (CTP) conducted the training on

“Case Management”.

Training is conducted with the purpose of

increasing practical skills of court case

management, principles of case flow man-

agement, purpose and responsibility of the

court related to case management, effect

that delay of the court work has, as well as

early and continuous control of the court

in case flow.

Also, this training session elaborated on

case management in prosecutorial offices,

recognition and importance of case man-

agement planning, principles of the plan-

ning process in prosecution, legal grounds

for case management, case flow manage-

ment, admission of the case, case registra-

tion in the electronic database, case con-

trol and analysis, prioritizing cases, prepa-

ration of the investigation plan and collec-

tion of material for the case file.

Training was delivered in interactive

method through discussion where partici-

pants could raise and elaborate on chal-

lenges they face in this area.

Beneficiaries of this training program

were judges, prosecutors and legal associ-

ates of the basic courts.

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Protection at work and compensation for damage caused

at work

On November 17th 2016, Kosovo Judicial


Program conducted the following training:

“Protection at work and compensation for

damage caused at work”.

Purpose of the training was to familiarize

judges with the applicable legislation and

best practices for issues that are related to

protection, safety and health at work.

Initially the training elaborated the rights

of employees and the employer’s responsi-

bilities in cases of accidents at work or oc-

cupational diseases. It was particularly dis-

cusses about the material laws, including

the Collective Agreement and bylaws of

the legal entity which are applicable in cas-

es of accidents at work or in cases of occu-

pational diseases.

Also, it was discussed about the trial proce-

dure taking place based on lawsuits filed

by employees in cases when they claim

compensation of damage because of injury

at work or occupational diseases, applica-

ble legal provisions, the issue of adminis-

tered material evidence, role of medical

experts and experts for safety and protec-

tion at work.

The training involved combined methods

of teaching including theoretical and prac-

tical explanations followed by examples

from the case law.

Participants at this training were judges of

basic instance from all regions of Kosovo.

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Procedure involving offenders with mental disorders and

executionof judicial decisions in these cases



Program conducted training on “Procedure

involving offenders with mental disorders

and execution of judicial decisions in these

cases”.

Purpose of organizing this training was to

expand knowledge of judges and prosecu-

tors on practical implementation of provi-

sions pertaining supervision of the manda-

tory treatment, detention for persons with

mental disorders and what makes this

measure a distinct procedure, types of man-

datory treatment with detention in mental

health care institutions, and mandatory psy-

chiatric treatment in freedom, as well as

different circumstances related to ability of

these persons to undergo trial.

Particular emphasis was placed to applica-

tion of psychiatric examination by experts,

purpose of this examination and stages

when ordering psychiatric examination, as

well as detention and special requirement

that have to be met for imposing detention

to persons with mental disorders.

Training was delivered in form of discus-

sion of participants related to dilemmas and

difficulties in application of legislation in

actual case law.


and prosecutors of basic instance from vari-

ous regions of Kosovo.

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Criminal offences against property

On November 22nd 2016, Kosovo Judicial

Institute, within its continuous trainings

delivered the training on “Criminal offenc-

es against property”.

Goal of the training was to present cases

from the judicial case law and through

group discussions and provide alternatives

to the problems and practical difficulties in

application of the procedure for criminal

offences against property.

This training elaborated in details provi-

sions of the Criminal Code of the republic

of Kosovo for crimes against property, with

particular focus on some of the most fre-

quent offences in practice. It further tackled

general aspects of these offences, most fre-

quent forms of appearance, motives and

legal qualification of these offences, em-

phasizing the fact that there ate difficulties

and dilemmas in judicial practice with re-

gard to offences from this chapter. Part of

the training was also comparison with leg-

islation of several regional countries and

their way of treating these offences.

The applied methodology at the training

was combined with theoretical explanations

and interactive approach that were suitable

and driven participants to develop discus-

sion and present challenges they faced in

practice while elaborating these offences.

Participants of the training were judges and

prosecutors of basic instance.

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Statutory limitation of claims according to LOR

On November 2016, Kosovo Judicial Insti-

tute conducted the training on “Statutory

Limitation according to LOR”.

Purpose of this training was elaboration of

the institute of statutory limitation and di-

lemmas that constantly follow judges while

handling the parties’ requests for statutory

limited claims.

This training elaborated in details provi-

sions of the LOR that regulate the statutory

limitation, general rules of meeting the stat-

utory limited obligation, and effect of the

parties’ requests for statutory limited

claims.

It was further elaborated on circumstances

that set the statutory limitation timelines,

time when statutory limitation commences,

as well as its withhold and termination.

Participants had the opportunity to discuss

actual challenges in correct implementation

of the LOR provisions through based on

elaboration of practical cases and case stud-

ies.

Beneficiaries of this training were judges of

the basic and appellate instance, as well as

legal associates.

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Specialized training program for capacity building in combat-

ing Money Laundering – Session III

On November 25-26th 2016, Kosovo Judi-

cial Institute with the support of GIZ con-

ducted the training within its specialized

trainings for capacity building in combating

money laundering – Session III.

Purpose of this training session was to con-

tribute in extending knowledge in the area

of cross-border and international coopera-

tion for money laundering and adequate

prevention measures for offences of this

nature.

Initially this training session elaborated on

possible alternative resolutions, with partic-

ular focus on pleading guilty in cases of

money laundering.

Further, the training focused on elaboration

of cross-border and international coopera-

tion, role of the FIU in this area, and rec-

ommendations of international sources for

cases of money laundering.

Preparing cases for trial, prevention

measures of money laundering and best

practices in this area, were also part of dis-

cussions in this session.

This was the concluding session of this

training program, which has been delivered

in three sessions.


and prosecutors of the basic instance and of

the appellate court.

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Turnover of goods and services and commercial

disputes


Institute within its CTP conducted the train-

ing on “Turnover of goods and services and

commercial disputes”.

Purpose of this training was extending

knowledge of judges related to interpreta-

tion of the LOR provisions, which refer to

turnover of goods and services, the UN

Convention for international sales of goods

and its implementation in Kosovo, turnover

of goods and services in EU legislation and

successful case law of the European Justice

Court in this area.

Issues addressed during this training were

related to dilemmas and difficulties present-

ed in practice while handling these cases,

review of the LOR provisions pertaining to

turnover of goods and services, and the UN

Convention for International sales of goods

and its implementation in Kosovo. The

training discussed also about comparison of

the EU legislation with the national one and

some experiences from the case law of the

European Justice Court in the area of turno-

ver of goods and services.

The training involved combined method of

teaching accompanied by practical exam-

ples and interactive discussions.


from the Appeals Court and officials from

the USAID CLE.

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Specialized training program on professional capacity

building in combating cybercrime

During November 29-30 2016, Kosovo Ju-

dicial Institute with the support of GIZ con-

ducted the following training: “Specialized

training program on professional capacity

building in combating cybercrime – Session

III”.

Purpose of this training was to contribute to

extending knowledge in the area of interna-

tional cooperation and possibilities of suc-

cessful prosecution of cybercrime, as an

increasing phenomenon in Kosovo.

This training session, treated national legis-

lation regulating international legal cooper-

ation in general, focusing on criminal legal

cooperation in criminal matters – cyber-

crime in particular. It was further elaborat-

ed on some forms of international requests,

criteria that have to be met, and it provided

instructions for preparing various outgoing

requests to other states, with the purpose of

establishing best practices in this area.

This was the concluding session out of

three sessions of this training program.

Beneficiaries at this training were judges

and prosecutors of basic instance.

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Institute within its continuous training pro-

gram conducted the training on “Time and

Stress Management”.

Purpose of this training was to have partici-

pants recognize importance of the time

management, the working hours, reasona-

ble perception of working time, good and

effective organization of the working time,

coping with time pressure, avoiding and

reduction of work delay, and effect of the

relaxation time.

This training elaborated on stress and

stress characteristics, stress occurrence,

causes of stress, types of stress what are

warning symptoms of stress, can stress be

manages, what are the techniques and ini-

tial steps for stress management, and how

does stress appear at work as a wide spread

social and psychological phenomenon.

Second session of this training elaborated

on meditation and relaxing technique, ef-

fects of meditation, meditation practice

flow, advices we shall undertake while

meditating and what is the best time of

meditation.

Training was delivered in form of interac-

tive discussion and practical cases, solution

of using questionnaires to determine to

what extent is stress present in our daily

life.

Beneficiaries of this training were adminis-

trative staff of courts and prosecution.

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Time and stress management

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Training for Administrative staff of Courts and

Procesution


Institute conducted the training on Human

Resources Management.

Training also aimed strengthening profes-

sional capacities of respective administra-

tive staff for effective human resources

management, in compliance with the appli-

cable legislation, regulations and bylaws.

Discussions during this training focused on

elaboration of the general legal framework

on civil servants, issues related to recruit-

ment, career development, promotion, as-

sessment, leadership, teamwork and ad-

vantages of the team work and personnel

motivation.

Also, it was discussed related to creation of

conditions for implementation of uniform

practices and procedures for human re-

sources management in courts and prosecu-

torial offices, in compliance with respec-

tive legislation and policies approved by

the KJC and KPC.

Training was conducted through interactive

discussion and group exercises.


trators and personnel officials of courts and

prosecutorial offices in different regions.

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Human Resources Management

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On November 23rd 2016, Kosovo Judicial

Institute within its training programs con-

ducted training on External and Internal

Communication.

Purpose of this training was to enhance the

way of communication within administra-

tion of courts and prosecution, as the main

key to reaching objectives and goals, and

with the purpose of providing efficient, ef-

fective and transparent judicial services.

This training initially elaborated on im-

portance on internal communication, with

particular emphasis on building healthy

human and professional relations among

members of institutions, with the purpose

of reaching common objectives to bring

general benefit to public interests. In this

scope, the training tackled form of motiva-

tion at work, and role of the team work,

information flow and exchange of infor-

mation. Furthermore, it was discussed

about external communication also and

policies and applicable standards, which

are applied in informing the public with the

work taking place at respective institution.

Also, particular attention was paid to good

and accurate work planning, monitoring of

activities, task delegation, as well as cor-

rect reporting according to set standards,

with the goal of enhancing the role and

work performance of prosecutors and judg-

es, and of their personnel.

Training was delivered in form of discus-

sion with participants related to their di-

lemmas and difficulties in their practice.

Beneficiaries of this training were Admin-

istrators and Assistant-Administrators of

courts and prosecution, as well as infor-

mation officers of basic courts and the Ap-

peals Court.

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External and internal communication

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Institute conducted training for the man-

agement of administration and administra-

tive staff of courts and prosecution office

on: “IT advanced training”.

The purpose of this training was to increase

capacity building regarding the practical

use of IT in conducting daily work within

the administration of court and prosecution

offices.

The programs elaborated during this train-

ing were: MS Word 2016, MS Outlook

2016, management and data security, data

maintenance, risks posed to data’s, as well

as safe internet navigation.

This training provided practical advices so

that participants can use them in their daily

work. These practical advices tend to make

their work easier and at the same time save

their time.

The training was developed interactively,

where the participants had the opportunity

to present their challenges faced in practice

and to practice IT functions.


trator, assistant administrators and chief of

registration office of courts and prosecu-

tion offices.

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IT advanced training

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On 18-21 November 2016, KJI organized

workshop on: “Drafting of Working Pro-

gram for 2017”.

This training focused on setting the train-

ing program objectives, drafting of the An-

nual Working Plan for 2017, drafting of the

risk registry for 2017, as well as finaliza-

tion of the Regulation for Initial Training

Program.

After the analyzation and lots of discus-

sions, the working group determined the

structure and objectives for each training

program, priorities for one year (1) period

and has prepared the draft of the working

program.

The program structure for 2017, includes

the KJI mission and vision, strategic objec-

tives, training program including continu-

ous training program, initial training, train-

ing for promotion, research and publication

program, courses for administration of

courts and prosecution, course for other

professionals, training of trainers, distance

learning, administration, finances and KJI

infrastructure, common programs with stra-

tegic partner and working program imple-

mentation plan.

Also during this workshop was finalized

the Regulation of the Initial Training Pro-

gram which regulates the implementation

of the training program for professional

practical capacity building of newly ap-

pointed judges and prosecutors of the judi-

cial and prosecutorial system of Kosovo,

which will be discussed during the KJI

Committee for Normative Issues and will

be sent for approval to the KJI Managing

Board.

Based on this structure and on priorities,

the working group drafted the Work Plan

for 2017, which will be discussed further

and will be approved by KJI Managing

Board.

Participants: KJI staff.

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Workshop on Drafting of Working Program for 2017

Other activities

On 22 and 23 November 2016, Kosovo

Judicial Institute in cooperation with the

Council of Europe, conducted training on:

“Training of Trainers on Help Platform.

The purpose of this training was to famil-

iarize participants with the use of HELP

platform and its implementation at the na-

tional level and how to conduct training

through this platform.

During the training, participants were in-

troduced to the distance learning platform,

the advantages of the platform, its mode of

operation, and practiced how to access the

HELP platform.

For two training days, participants had the

opportunity to attend training courses

through Help Platform, such as Introduc-

tion to the Convention on Human Rights,

anti-discrimination and hate crimes.

The training was developed interactively

where participants had the opportunity to

pose questions about the use of the Help

platform and its practical application, as

well as learn how to attend online course

through this platform.

Beneficiaries of this training were: judges,

prosecutors, lawyers, officials from the

Constitutional Court and officials from

Ombudspersons

This training was implemented by interna-

tional experts of learning distance field and

experts of human rights of Help program –

Council of Europe.

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Training of Trainers on HELP Platform

Based on the Cooperation agreement be-

tween KJI and Magistrate School of France

(ENM), on 21-25 November a judge of

Basic Court – Prishtina, Serious Crime De-

partment has stayed in France in an intern-

ship program (practical training program).

This training was oriented on corruption

issues with a special emphasis on discov-

ery, combating and prevention of corrup-

tion, so the entire training was oriented on

national and international cooperation of

institutions in combating corruption in dis-

covering it and taking of proper measures

for preventing corruption.

The focus of this training lay in the estab-

lishment of professional cooperation, of all

institutions in the combating corruption,

involving all stakeholders such as govern-

ment and non-government institutions,

strategy of establishing special departments

for combating corruption, especially in the

judiciary, prosecution, investigative agen-

cies etc. preparation of human resources

and the development of curriculums for

prevention of corruption.

This program is financed by the France

Embassy in Prishtina.

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Practical training “Discovery, combating and prevention of

corruption”

Tel: + 381 38 200 18 660 Fax: + 381 38 512 095 E-mail: [email protected]

http://igjk.rks-gov.net Address: Lagja e Spitalit “Muharrem Fejza” str. n.n. Prishtina, Republic of Kosovo

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