candidates pass according to the following conditions

Questionnaire TASK FORCE 4 Regarding Initial Training and in-service Training

of Judges, Prosecutors and Advocates

Initial Training of Judges, Prosecutors and Advocates

Section I: Regulation and Context of Initial Training(Information in this section is required by 15 April 2010)

1. Are the initial training conditions and institutions for judges, prosecutor and advocates regulated by a special legislation in your country? Please indicate the name and reference of the relevant legislations for each of the following category.

Yes, the initial training conditions and institutions for judges, prosecutor and advocates are regulated by a special legislation in Romania. The initial training is common for judges, prosecutor and is provided by a national school of magistracy.

Judges Original Name & Ref.: 1. Legea nr. 303/2004 privind statutul judecătorilor şi procurorilor2. Legea nr. 304 privind organizarea judiciară 3. Legea nr. 317 privind Consiliul Superior al Magistraturii4. Hotărârea Consiliului Superior al Magistraturii nr. 127/2007 pentru

aprobarea Regulamentului Institutului Naţional al Magistraturii

Translation into English: 1. Law no. 303/2004 regarding on the statute of judges and prosecutors,

republished2. Law no. 304/2004 on the judicial organization3. Law no. 317/2004 on the Superior Council of Magistracy4. Decision of the Superior Council of Magistracy no. 127/2007 on approving

the Regulation on the National Institute of Magistracy

Web link to the Law:1. http://legislatie.just.ro/Document.aspx - in Romanian language, official site

of the Romanian Ministry of Justice

IHEJ – INM, FEBRUARY 20101

http://legislatie.just.ro/Document.aspx

2. http://www.csm1909.ro/csm/index.php?cmd=0702&lb=ro – in Romanian language on the official site of the Superior Council of Magistracy

3. http://www.csm1909.ro/csm/index.php?cmd=0702&lb=en – in English language on the official site of the Superior Council of Magistracy

Prosecutors Original Name1. Legea nr. 303/2004 privind statutul judecătorilor şi procurorilor2. Legea nr. 304 privind organizarea judiciară 3. Legea nr. 317 privind Consiliul Superior al Magistraturii4. Hotărârea Consiliului Superior al Magistraturii nr. 127/2007 pentru






of the Romanian Ministry of Justice2. http://www.csm1909.ro/csm/index.php?cmd=0702&lb=ro – in Romanian

language on the official site of the Superior Council of Magistracy 3. http://www.csm1909.ro/csm/index.php?cmd=0702&lb=en – in English

language on the official site of the Superior Council of Magistracy

Advocates Original Name1. Legea nr. 51/1995 privind organizarea şi exercitarea profesiei de avocat

Translation into English 1. Law no 51/1995 concerning the organization and functioning of the

lawyers’ profession

Web link to the Law 1. http://www.unbr.ro/index.php?id=14&lg=1

2. How is the vocational training sector organised? Are the initial training institutions operating at a national and/or a decentralised level? Is there a monopole or a free/regulated market for the initial training of the following professions?

JudgesProsecutors

National Institute of Magistracy is the institution that, in compliance with the Romanian law, carries out the Romanian magistrates’ training. It provides training for both judges and prosecutors. The training provided by the NIM comprises initial training for future magistrates (called “auditors of justice”) and in-service training for judges and prosecutors.

The Institute is not part of the national educational system and is not, therefore, subject to the legislation governing certification of higher education


http://www.unbr.ro/index.php?id=14&lg=1

http://www.csm1909.ro/csm/index.php?cmd=0702&lb=en

http://www.csm1909.ro/csm/index.php?cmd=0702&lb=ro




institutions and the recognition of graduation diplomas.

Admission into the body of magistrates and initial professional training that has to be taken in order to become a judge or prosecutor is all conducted through the National Institute for Magistrates.The initial training of future judges and prosecutors is exclusively provided by the NIM and it is organised and coordinated at national level.

Advocates Within the National Association of the Romanian Bars, the National Institute for Training and Vocational Training of Advocates provides the training for future advocates. The Institute has subordinated 6 regional centres (Cluj-Napoca, Iaşi, Timişoara, Craiova, Braşov and Galaţi).

The National Institute for Training and Vocational Training of Advocates is not part of the national educational system and is not, therefore, subject to the legislation governing certification of higher education institutions and the recognition of graduation diplomas.

The initial training of future advocates is exclusively coordinated by the National Association of the Romanian Bars through the National Institute for Training and Vocational Training of Advocates and it is organised and coordinated at national and decentralised level.

3. What are the names of the initial training institutions of judges, prosecutors and advocates in your country (if there is one single institution for two or the three categories, please indicate)?

JudgesProsecutors

Original Name Institutul Naţional al MagistraturiiTranslation into English

National Institute of Magistracy (further NIM)

Web link to the Law http://www.inm-lex.ro/http://www.csm1909.ro/csm/index.php?cmd=0702&lb=en

Advocates Original Name Institutul Naţional pentru Pregătirea şi Perfecţionarea Avocaţilor

Translation into English

National Institute for Training and Vocational Training of Advocates

Web link to the Law http://inppa.ro/

4. Is the initial training institution an autonomous/independent body or a special service of a broader institution?

JudgesProsecutors

The initial training for judges and prosecutors is provided in Romania by the National Institute of Magistracy which is a public institution with legal capacity, placed under the coordination of the Superior Council of the Magistracy, handling the initial training of judges and prosecutors, the in-service training of active judges and prosecutors, as well as the training of trainers, according to the law. Thus, initial training is provided by a special department within the Romanian National Institute of Magistracy.

Advocates National Institute for Training and Vocational Training of Advocates is a nongovernmental organization, with legal capacity under the coordination of


http://inppa.ro/



http://www.inm-lex.ro/

the National Association of the Romanian Bars. The initial training for future advocates is coordinated by a special department within the Institute.

5. Which body is in charge of the Administration of the initial training institution (within or out of the training institution)? Please indicate the composition of the Board of governance.

JudgesProsecutors

NIM is the public institution with legal entity status, coordinated by the Superior Council of Magistracy.The NIM is managed by the NIM Director and the two Deputy Directors (specialised in entry-level training, in-service training respectively), and by the NIM Scientific Council.

The Scientific Council decides upon all matters regarding the organization and functioning of the Institute.

The NIM Scientific Council is made up of 13 members (they are not remunerated for these activity): a judge from the High Court of Cassation and Justice, a prosecutor from the prosecutor’s office attached to the High Court of Cassation and Justice, a judge from the Court of Appeal, a prosecutor from the prosecutor’ office attached to the Bucharest Court of Appeal, all designated by the Superior Council of Magistracy, 3 professors from the academic education, representatives of the most prestigious universities in Romania, 4 representatives of the NIM training staff, a representative of the auditors of justice, as well as the NIM Director, who is a full member and chairman of the NIM Scientific Council. The members of the NIM Scientific Council are appointed by the SCM.

The 13 members of the Scientific Council are elected for a term of 3 years, which can be renewed while the term of office of the judicial trainees’ representatives is only 1 year.

Advocates The National Institute for Training and Vocational Training of Advocates is an autonomous, nongovernmental organization under the coordination of the National Association of the Romanian Bars.

The Institute is managed by a Managerial Council, named Council of the Institute at the proposal of the bars. The Council of the Institute is made up of 5 members (advocates), nominated for a 4 years period by the Council of the National Association of the Romanian Bars.

The president of the Council of the Institute is the director of the National Institute for Training and Vocational Training of Advocates. The president is elected by the members of the Council of the Institute, by a secret vote with a simple majority of the expressed vote.

The executive director (invested by the Council of the Institute) is in charge with the management of the entire Institute. The members of the Council of the Institute are advocates, with experience into the profession, with a good reputation and prestige within the territorial bars and also, within the profession, and with results acknowledged into the


initial training and continuous training. The members are paid for theirs activity by the Permanent Commission of the National Association of the Romanian Bars.

6. Which body is responsible for the pedagogy and programming of the initial training institution? Please indicate the composition of the scientific/programming Board.

JudgesProsecutors



Thus, the SCM establishes, on the proposal of the NIM Scientific Council, the annual number of students, approves the date and place of the competitive examination for admission to the NIM, establishes the list of topics to be studied for the exam and approves the training programme for the auditors of justice. The SCM also organises and validates the magistrates’ capacity examination, approves the in-service training programme and the contents/topics of the in-service training organised by the Courts of Appeal and the prosecutor’s offices attached to them. The SCM decides upon the magistrates’ promotion exam organisation. The SCM appoints and dismisses the NIM Director and Deputy Directors and designates the judges and prosecutors who will be members of the NIM Scientific Council.

The Pedagogical Council is an advisory body which, at the request of the Scientific Council, submits proposals concerning the NIM’s educational policies (mainly regarding curriculum, syllabi and programmes for the Training Departments). The members of the The Pedagogical Council are: the director and the 2 deputy directors of the Institute, the coordinators of the training subjects, the full professors for each subject-matter, and 2 practical training coordinators, one for the groups of judges and one for the groups of prosecutors. The 2 representatives of the practical training coordinators are elected annually in the general assemblies which are convoked and presided over by the director of the Institute.

Advocates Further the Council of the Institute is powered a Scientific Council with a consultative role. The Scientific Council has 3 members nominated by the Council of the Institute at the proposal of the President of the Council.


The members of the Scientific Council are advocates with a good professional reputation and also that are professors into the juridical universities or members associates at least. Each member of the Scientific Council is responsible for one section: private law, public law and organization and exertion of the advocate profession.

The Scientific Council of the National Institute for Training and Vocational Training of Advocates has the following attributions:a) give the consultative opinion regarding the annual plan of modules for training, study programmes, and also the others forms of professional training organised within the profession;b) propose the selection criteria’s for the trainers of the Institute;c) coordinates the elaboration of the scientific publication edited by the Institute.

7. How is the initial training institution financed (by who - public/private origin, state/regional/European or international funds, contributions from participants -, what repartition of the different incomes and how much is the budget)?

JudgesProsecutors

The NIM funding is partly from the state budget, partly from funds provided by international programmes or further to collaboration with a number of partners in Romania and abroad.Moreover, the NIM budget is distinctly specified within the SCM budget.The entire budget of INM in 2010 is approximately 5,520,514 Euro, from which: 2,513,262 Euro are for initial training activities, 318, 294 Euro are for in-service training and 2,688,958 Euro are administrative costs (salaries for permanent staff, maintenance, utility costs, office supplies, library costs, etc.).For 2010 the funds for the initial training activities was are approximately 2,513,262 Euro, divided as follows: 2,263,104 Euro represents scholarships for 350 auditors of justice (195 auditors are in the first year of study and 155 auditors are in the second year of study), 444,834 Euro represents salaries for part-time trainers and 194,676 Euro represent other cost related the initial training activities.

Advocates The National Institute for Training and Vocational Training of Advocates funding are from the following sources: a) from the National Association of the Romanian Bars and the territorial Bars; b) donations, sponsorships etc.; c) funds from direct economic activities (such contributions from participants); d) any other legal funds.The future advocates can participate to the initial training based by a contribution established by the Institute.

8. What are the ways for acceding to the professions of judge, prosecutor and advocate in your country (examination, competition, selection based on a record, etc.)? What are the qualifications requested from candidates (university degrees, previous professional experience)? Please explain the process in its main lines.IHEJ – INM, FEBRUARY 2010

6

JudgesProsecutors

All the people who intend to become judges or prosecutors are requested to have university degrees in law.

Admission into the body of magistrates and initial professional training that has to be taken in order to become a judge or prosecutor is coordinated by Superior Council of Magistracy, through the National Institute of Magistracy.

Currently, there are mainly two ways to enter magistracy:

The ordinary one (it is considered the main way to enter magistracy, according to the Romanian legislation) is the admission to the National Institute of Magistracy (NIM) by passing the NIM entrance examination, the successful candidates becoming auditors of justice and attending, for 2 years, training courses at the NIM, at the end of which there is a graduation exam. Subsequently, the NIM graduates become junior judges and prosecutors for 1 year. They only become “definitive” (viz., fully qualified) judges/prosecutors after passing their capacity exam.

The recruitment process of the magistrates is provided exclusively by the NIM, the selection of candidates being made by means of competitive examination (assessing their professional competence and good reputation), held with the observance of the following principles: transparency, equality between the competitors and confidentiality of the tests. The admission to the NIM is a complex process, divided into three stages, as follows:a. The first stage consists in an eliminatory 100 question multiple-choice test that covers the main branches of law: civil law, civil procedure law, criminal law and criminal procedure law. For each of these subjects, there are 25 questions. In order to pass this first stage, the candidates need to give 70 correct answers minimum. The weight in the final mark average is 75%.b. The second stage is a logical reasoning test - a 100 question multiple-choice assessing: logical reasoning, analytical thinking, capability to understand a complex written test. Its weight in the final mark average is 15%. In order to pass this second stage, one has to give at least 30 correct answers.c. The Interview represents the third stage focused on the assessment of: motivation, ethics and skills mainly, verbal and non-verbal communication. Its weight in the final mark average is 10%.Candidates pass according to the following conditions: in decreasing order of the mark averages, within the limit of available places, candidates who obtained minimum 5/10 in each subject and the lowest general mark average of minimum 7/10.

The second way to enter magistracy is by competitive examination to magistracy, organised in exceptional circumstances when a deficit is found out in the number of sitting magistrates. The law on the statute of magistrates stipulates the appointment to magistracy – based on participation in a competitive examination - of legal experts/counsellor assimilated to magistracy, of lawyers, notaries, judicial assistants, legal advisers, and legal staff working with the Parliament, Presidential Administration, Government, Constitutional Court, Ombudsman, Court of Auditors or Legislative Council


with minimum 5-year seniority. After being appointed magistrates, the successful candidates are required to attend, for 6 months, a professional training course at the NIM.

Advocates All the people who intend to become advocates are requested to have university degrees in law or PhD. Admission into the body of advocates and initial professional training that has to be taken in order to become an advocate is conducted and coordinated by National Association of the Romanian Bars.

Currently, there are two ways to enter into Bars.

The first one is to sustain an exam to become junior advocate. For 2 years period they will follow a stage period, under the supervision of a senior advocate with at least 6 years seniority and at the end of which they become “definitive” after passing an exam. Also, the junior advocates can follow the initial training courses organized by the National Institute for Training and Vocational Training of Advocates and to participate at the stage conferences organised by the Bars councils.

The second way to enter into advocate profession is without exam for people who previous has at least 10 years experience as judge, prosecutors, public notaries, judicial assistants, legal advisers or people who were judge at the High Court of Cassation and Justice. Also, without exam can become advocate the people who are PhD.

9. Is the attendance of the initial training institution program mandatory in order to access to the profession?

JudgesProsecutors

Yes, the attendance of the initial training program within the NIM is mandatory (since 1997), as the NIM admission exam is the main way for entering magistracy in Romania.

Advocates No, the attendance of the initial training program coordinated by the National Association of the Romanian Bars isn’t mandatory to access to the profession.

Is important to mention that after passing the exam to become junior advocates, for 2 years period they will follow a stage period, under the supervision of a senior advocate with at least 6 years seniority and at the end of which they become “definitive” after passing an exam.

Also, the junior advocates in the second year of theirs two years probation period can follow the initial training courses organized by the National Institute for Training and Vocational Training of Advocates and to participate at the stage conferences organised by the Bars councils.

10. Is the initial training period sanctioned by a final examination, exit contest, or any ranking between candidates? JudgesProsecutors

After completing the 2 year period of training courses within the National Institute of Magistracy, the auditors of justice have to pass a graduation theoretical and practical exam, by which it is verified whether the knowledge


necessary for discharging the office of judge or prosecutor was acquired. The auditors of justice who pass the exam are to be appointed, according to the law, as a rule, in the profession (judge/prosecutor) they chose after the first year of study within the National Institute of Magistracy. The auditors of justice who do not succeed in the graduation examination may sit for it once more, in the next session held by the National Institute of Magistracy. If the auditors of justice unjustifiably fail to appear for the examination or in case they do not pass the examination in the second session, they cannot be appointed as judge or prosecutor and shall be obliged to reimburse the scholarship and the tuition expenses.

Debutant/Junior judges and prosecutors shall be appointed by the Superior Council of Magistracy, based on their general average marks, obtained by summing up the three average marks from the end of each year of study and from the examination for graduation of the National Institute of Magistracy. The length of probation/traineeship is one year.

The persons who graduated the National Institute of Magistracy are bind to perform for a period of 6 years as judges or prosecutors. If a graduate of the National Institute of Magistracy is released from office before the expiry of the period of 6 years, either at his own initiative or for reasons imputable to him, he shall be obliged to reimburse the scholarship for judicial trainees and the tuition expenses, made for his training.After completing the probation period, debutant judges and prosecutors are obliged to sit for the capacity examination. If a debutant judge or debutant prosecutor fails to pass the capacity examination, he is obliged to sit for it in the next session. The person who, for justified reasons, did not attend the final exam, may sit for this exam only if no more than 2 years elapsed from the end of the probation period until the date established for the final exam. After the elapsing of the two-year period, the persons who failed the exam are obliged to follow a new probation period according to the law.

The capacity exam for debutant judges and debutant prosecutors is organized annually by the Superior Council of Magistracy, through the National Institute of Magistracy.

Advocates After the first year of the probation period the junior advocates can follow the courses at the National Institute for Training and Vocational Training of Advocates and shall pass the graduation exam and after that also the bar examination.

Also, the junior advocates that are completing the probation period of 2 years are be obliged to sit for the bar examination in order to became advocates.

11. Is there a complementary training period or any tutoring organised during the first years of practice? If so, please specify the ways and if necessary the status of the young practitioner.

JudgesProsecutors

For the NIM graduates, there are no provisions concerning the designation of a tutor for each magistrate in the first years of his/her career.

However, there are tutors designated for practice in the second year at the


NIM. Currently, the practical training with each court/prosecutor’s office is lead by two practice coordinators who guide, supervise and assess the performance of the auditors of justice.

For the magistrates who enter magistracy by extraordinary exam for admission to magistracy, and who become fully qualified judges/prosecutors, the NIM has asked all the heads of courts/prosecutor’s offices where these magistrates work, to designate training period coordinators. The coordinators will offer support and guidance during the training period, alternating with the seminars organized at the NIM.

Before starting the project, these tutors in charge of the practical guidance of judges/prosecutors directly appointed to fully-qualified judicial positions participate in a meeting with the tutors coordinating the practice of the auditors of justice in the second year of entry-level training. Thus, they can learn more about the goals to be pursued, the departments of courts and activities that the new judges have to become familiar with.

Advocates No, is not organised a tutoring period after the advocates pass the bar examination.

Section II: Content of the Initial Training(This information is not required by the first data reporting deadline of 15 April 2010, but any national contributors who would like to provide any of this information at this time should feel free to do so).

12. What is the duration of the initial training? Please indicate the order and length of the different sequences, if there are some.

JudgesProsecutors

The initial training for future judges and prosecutors is of 2 years period (the first year within the NIM and the second in traineeships within courts of first instance and prosecutor’s offices).

The training offered by the National Institute of Magistracy in the first year of study aims that the future judges and prosecutors achieve:– the necessary legal knowledge, without doubling those already acquired during faculty, offering a practical perspective over the different law institutions;– the techniques specific to the magistrate profession;– a logic, structured way of thinking;– an European perspective over law and to allow future magistrates to handle the exigencies that result from the direct application of community law and of the jurisprudence of the European Court of Human Rights;– the awareness of the fact that they belong to this profession and the openness to other fields of social life;– the necessary knowledge of foreign languages and information technology.

This pragmatic training approach continues in the second year of the course, which is almost exclusively devoted to practice in courts and prosecutor’s offices. The continuous evaluation of the students is performed by the


practice tutors under whose guidance they do their practice period in courts and prosecutor’s offices.

In order to give the trainees a complete education, periods of practical work are also organised in other governmental agencies involved in the judiciary or in the dispensation of justice, such as the Constitutional Court, the Court of Audit, penitentiaries and rehabilitation centres for the underage, The Institute of Forensic Medicine, the National Institute of Criminology, and law firms.

Advocates The practical stage compulsory is of 2 years period within the advocates’ offices and becoming with the second year, the initial training for future advocates can be completed within the National Institute for Training and Vocational Training with a theoretical stage of 9 months, with 3 stage periods (1 month theoretical stage and 2 months practical stage).

The training within National Institute for Training and Vocational Training is not compulsory, in parallel is organized the classical practical stage of 2 years period within the advocates offices, finalized with the exam for became advocate with full rights.

13. Please specify the way in which the initial training program is built (courses, workshops, seminars, study visits, internships, e-learning; mandatory and facultative periods; unique programming for all the trainees or possibility to choose tracks, options or any specialization during the initial training period)?

JudgesProsecutors

The initial training programmes have a practical character and they do not repeat the knowledge already acquired by the auditors of justice in law universities. The practical character of the initial training is given, by one hand, by the way in which trainees work during their seminars – they are given real “files” to which they are expected to give legal solutions and, by the other hand, by the trainers, who are mainly practitioners (70% of them being in-service judges and prosecutors).The initial training teaching methods comprise courses (mainly for fundamental disciplines – 15%) and seminars/debates (85%), extracurricular projects and conferences, study visits abroad (to the European Court of Human Rights, the Court of Justice of the European Union, to other European schools or institutions having responsibilities in the field of training), bilateral exchange programmes, internships to various national and international institutions relevant for the profession, academic debates, internal and international competitions and contests addressed to trainees etc.The NIM provides a general training within the first year for all auditors of justice that is mandatory, but also the trainees can follow some facultative modules of training. At the end of their first year, they chose for the profession they’d like to follow (judge or prosecutor) and their training during the second year at NIM is specialized according to this aspect only.

Advocates The initial training teaching methods comprise a general mandatory training organised in courses and workshops with practical character in the following domains: civil law and civil procedural law, penal law and penal procedural law, European human rights, community law, professional statute of advocates, family law and labour law. Also, the Institute developed the e-learning modules of training.


Also, National Institute for Training and Vocational Training organize facultative study visits abroad (to the European Court of Human Rights, the Court of Justice of the European Union, to other European schools or institutions having responsibilities in the field of training), bilateral exchange programmes, internships to various national and international institutions relevant for the profession, academic debates, international and national conferences.

14. Is the initial training program delivered within the training institution done by special staffs (who are the trainers? Background, Status? Number of permanent staff) or externalised (to who? Please indicate the ways and proportion of externalization)?

JudgesProsecutors

The training staff of the NIM is usually composed of appointed judges and prosecutors, who may be seconded, according to the law, with their own consent, to work with the NIM, based on the endorsement by the Scientific Board of NIM. In order to carry out the professional training process, NIM may use, in accordance with the law, academic staff from the graduate law schools accredited in accordance with the law, other Romanian and foreign experts, as well as specialist law staff.

The candidates are selected by a board, appointed by a decision of the Scientific Council, based on a public and transparent procedure, consisting of objective criteria decided upon as a part of trainers’ recruiting strategy approved by the Superior Council of Magistracy.

The NIM Status of Trainers establish the publicity procedure for announcing the vacant positions, the selection criteria's, the professional background abilities and also, the pedagogical competencies of the candidates, successive interventions of NIM permanent trainers and the specialist in educational science, and in the final phase the evaluation of the NIM Scientific Council and SCM.

In the period 2005-2009, beginning with 2005, the list of trainers for initial and continuous training was establish, annually, taking into consideration the all the official documents approved by SCM at the NIM proposal (the NIM Strategy for Train the Trainers 2004-2007 and the Status of train the trainers` department. The data base provides statistical information on the performance evaluation of trainers, by domains of study and from chronological point of view.

The NIM personnel scheme has approved 16 positions of permanent trainers. In the year 2009 only 7 positions were filled, in the following fields of study: civil law, penal law, commercial law, European law, European Convention of Human Rights. As the education process at the NIM cannot be fully provided by the 16 training staff, a compromise solution has been found – the other 9 vacant posts have been fractioned so that other trainers – collaborating with the NIM – could be hired and paid for initial and also, continuous training activities. The Institute’s teaching staff provides the entry-level training programmes, in-service/continuous training programmes for judges and prosecutors and the programmes for the training of trainers, in compliance with the established syllabi.

In the year 2010 NIM has only 6 positions of permanent trainers filled, in the following fields of study: 2 positions at the „Civil law – Procedural Civil law”, 1 post at commercial law, 1 post at European Convention of Human Rights and 2 positions at European law. For one position NIM has published the announcement for selection


of the permanent trainer at the Penal law - Procedural law discipline.

NIM trainers may work full-time or part-time. Full-time means 512 conventional hours a year, but no more than 32 conventional hours per month. Part-time means a maximum of 32 conventional hours a month.

At the moment, the NIM initial training department works with 6 full-time trainers and approximately 150 part-time trainers.

The recruitment, training and assessment of trainers have the following specific goals:

To implement a transparent, objective and flexible procedure to recruit and assess trainers, in accordance with the provisions of the Status of the NIM trainer;

To train the trainers on substantive and procedural law, as well as on the pedagogical techniques;

To develop the trainers’ network so as to cover all training areas;

To increase the number of full-time trainers, especially with judges and prosecutors in office.

Trainers are recruited separately for the basic training and for the continuous training, in observance of the provisions included in the Status of the trainer and the principle of transparency and having in mind their teaching knowledge and skills.

Trainers are trained every year, based on a program approved by the Superior Council of Magistracy, which is a component of the basic and continuous training programs.

The train-the-trainers program targets:

Newly-recruited trainers;

The trainers who express their wish to attend such a program;

The trainers that INM has decided should attend additional training courses, as a consequence of the evaluation they received for the previous year.

The professional assessment of the trainers shall be done on a yearly basis, in accordance with the Status of the trainer and shall be the basis of the proposals concerning the list of trainers for the following year.

The NIM education sciences expert shall also take part in the trainers’ recruitment, training and assessment. He/ she shall also be responsible with the setting up of a uniform framework to ensure the events related to the training of trainers on the pedagogical methods used throughout the training activities.

Advocates The training staff of the National Institute for Training and Vocational Training is usually composed of advocates, who may be seconded, according to the law, with their own consent, to work with the Institute, based on the endorsement by the Scientific Council of Institute. In order to carry out the professional training process, the Institute may use, in accordance with the law, academic staff from the graduate law schools accredited in accordance with the law, other Romanian and foreign experts, as well as specialist law staff.

The candidates are selected by a board, appointed by a decision of the Scientific Council, based on a public and transparent procedure published on the official site.

At this moment there are a total number of 48 trainers selected for initial and in-service training.


15. Are the following disciplines part of the initial training program delivered to judges, prosecutors and advocates? If yes, please tick the appropriate box.

Judges Prosecutors Advocates- Comparative Judicial Systems x x O- Comparative Law x x O- European Law and Proceedings x x x- Political Sciences O O O- Sociology O O O- Anthropology O O O- Psychology x x O- Philosophy and Ethics x x x- Economics x x O- History O O O- Foreign Languages x x O- General professional skills, such as:

Communication x x OInformation technology x x OManagement x x O

- Others: F or judges and prosecutors : Forensics, Methodology of Justice Act, Administrative Law, Commercial Law, Constitutional Law, Family Law and Justice of Minors, European Convention of Human Rights, Intellectual Property Law, Competition Law, Environment Law, Consumption Rights’ Legislation, Fiscal Law, International Cooperation in Civil and Criminal Matters, Penology.

For advocates: civil law and proceedings, penal law and proceedings, European Convention of Human Rights, family law, labour and social security legislation, professional statue of advocate profession and deontology.

16. Please provide the approximate percentage of non legal disciplines and topics included in the initial training curriculum.

Judges 20%

Prosecutors 20%

Advocates -

In-service Training of Judges, Prosecutors and Advocates

I. Regulation and Context of In-service Training (Information in this section is required by 15 April 2010)


1. Are the in-service training conditions and institutions for judges, prosecutors and advocates regulated by a special legislation in your country? Please indicate the name and reference of the relevant legislations for each of the following category.

Yes, the in-service training conditions and institutions for judges, prosecutor and advocates are regulated by a special legislation in Romania. The in-service training is common for judges, prosecutor and is provided by a national school of magistracy.

Judges Original Name & Ref.: 1. Legea nr. 303/2004 privind statutul judecătorilor şi procurorilor2. Legea nr. 304 privind organizarea judiciară 3. Legea nr. 317 privind Consiliul Superior al Magistraturii4. Hotărârea Consiliului Superior al Magistraturii nr. 127/2007 pentru






of the Romanian Ministry of Justice2. http://www.csm1909.ro/csm/index.php?cmd=0702&lb=ro – in Romanian

language on the official site of the Superior Council of Magistracy 3. http://www.csm1909.ro/csm/index.php?cmd=0702&lb=en – in English

language on the official site of the Superior Council of Magistracy

Prosecutors Original Name1. Legea nr. 303/2004 privind statutul judecătorilor şi procurorilor2. Legea nr. 304 privind organizarea judiciară 3. Legea nr. 317 privind Consiliul Superior al Magistraturii4. Hotărârea Consiliului Superior al Magistraturii nr. 127/2007 pentru






of the Romanian Ministry of Justice






2. http://www.csm1909.ro/csm/index.php?cmd=0702&lb=ro – in Romanian language on the official site of the Superior Council of Magistracy

3. http://www.csm1909.ro/csm/index.php?cmd=0702&lb=en – in English language on the official site of the Superior Council of Magistracy

Advocates Original Name1. Legea nr. 51/1995 privind organizarea şi exercitarea profesiei de avocat

Translation into English 1. Law no 51/1995 concerning the organization and functioning of the

lawyers’ profession

Web link to the Law 1. http://www.unbr.ro/index.php?id=14&lg=1

2. How is the vocational training sector organised? Are the in-service training institutions operating at a national and/or a decentralised level? Is there a monopole or a free/regulated market for the in-service training of the following professions? If relevant, indicates who is in charge of accreditation of institutions and provides credits to the professionals trained.

JudgesProsecutors

National Institute of Magistracy is the institution that, in compliance with the Romanian law, carries out the Romanian magistrates’ training. It provides training for both judges and prosecutors.

The Institute is not part of the national educational system and is not, therefore, subject to the legislation governing certification of higher education institutions and the recognition of graduation diplomas.

The in-service training of future judges and prosecutors is mainly provided by the NIM and organised and coordinated at national level. Also, at decentralised level the 16 court of appeal are providing courses for continuous training for sitting magistrates thorough a programme which is coordinated by NIM.

Advocates Within the National Association of the Romanian Bars, the National Institute for Training and Vocational Training of Advocates provides the training for future advocates. The Institute has subordinated 6 regional centres (Cluj-Napoca, Iaşi, Timişoara, Craiova, Braşov and Galaţi).

The National Institute for Training and Vocational Training of Advocates is not part of the national educational system and is not, therefore, subject to the legislation governing certification of higher education institutions and the recognition of graduation diplomas.

The in-service training of future advocates is mainly provided by the National Association of the Romanian Bars through the National Institute for Training and Vocational Training of Advocates and it is organised and coordinated at national and decentralised level and provides. The Institute provides credits to the advocates trained and is reglementing this activity.


http://www.unbr.ro/index.php?id=14&lg=1



3. What are the names of the in-service training institutions of judges, prosecutors and advocates in your country (if there is one single institution for two or the three categories, please indicate)?

JudgesProsecutors

Original Name Institutul Naţional al MagistraturiiTranslation into English

National Institute of Magistracy (further NIM)

Web link to the Law http://www.inm-lex.ro/http://www.csm1909.ro/csm/index.php?cmd=0702&lb=en

Advocates Original Name Institutul Naţional pentru Pregătirea şi Perfecţionarea Avocaţilor

Translation into English

National Institute for Training and Vocational Training of Advocates

Web link to the Law http://inppa.ro/

4. Is the training institution an autonomous/independent body or a special service of a broader institution?

JudgesProsecutors

The National Institute of Magistracy is a public institution with legal capacity, placed under the coordination of the Superior Council of the Magistracy, handling the initial training of judges and prosecutors, the in-service training of active judges and prosecutors, as well as the training of trainers, according to the law.Thus, the in-service training of the sitting judges and prosecutors is provided by a special department within the Romanian National Institute of Magistracy.

Advocates National Institute for Training and Vocational Training of Advocates is a nongovernmental organization under the authority of the National Association of the Romanian Bars. The continuous training for advocates is coordinated by a special department within the Institute.

5. Which body is in charge of the Administration of the in-service training institution (within or out of the training institution)? Please indicate the composition of the Board of governance.

JudgesProsecutors

NIM is the public institution with legal entity status, coordinated by the Superior Council of Magistracy.The NIM is managed by the NIM Director and the two Deputy Directors (specialised in entry-level training, in-service training respectively), and by the NIM Scientific Council.

The Scientific Council decides upon all matters regarding the organization and functioning of the Institute.

The NIM Scientific Council is made up of 13 members (they are not remunerated for these activity): a judge from the High Court of Cassation and Justice, a prosecutor from the prosecutor’s office attached to the High Court of Cassation and Justice, a judge from the Court of Appeal, a prosecutor from


http://inppa.ro/



http://www.inm-lex.ro/

the prosecutor’ office attached to the Bucharest Court of Appeal, all designated by the Superior Council of Magistracy, 3 professors from the academic education, representatives of the most prestigious universities in Romania, 4 representatives of the NIM training staff, a representative of the auditors of justice, as well as the NIM Director, who is a full member and chairman of the NIM Scientific Council. The members of the NIM Scientific Council are appointed by the SCM.


Advocates The National Institute for Training and Vocational Training of Advocates is a nongovernmental organization under the authority of the National Association of the Romanian Bars.

The Institute is managed by a Managerial Council, named Council of the Institute at the proposal of the bars. The Council of the Institute is made up of 5 members (advocates), nominated for a 4 years period by the Council of the National Association of the Romanian Bars. The president of the Council of the Institute is the director of the National Institute for Training and Vocational Training of Advocates. The president is elected by the members of the Council of the Institute, by a secret vote with a simple majority of the expressed vote.

The executive director (invested by the Council of the Institute) is in charge with the management of the entire Institute. The members of the Council of the Institute are advocates, with experience into the profession, with a good reputation and prestige within the territorial bars and also, within the profession, and with results acknowledged into the initial training and continuous training. The members are paid for theirs activity by the Permanent Commission of the National Association of the Romanian Bars.

6. Which body is responsible for the pedagogy and programming of the in-service training institution? Please indicate the composition of the scientific/programming Board.

JudgesProsecutors


The 13 members of the Scientific Council are elected for a term of 3 years,


which can be renewed while the term of office of the judicial trainees’ representatives is only 1 year.

Thus, the SCM, on the proposal of the NIM Scientific Council, approves annually the in-service training programme and the contents/topics of the in-service training organised by the Courts of Appeal and the prosecutor’s offices attached to them.

The SCM also organises and validates the magistrates’ capacity examination and decides upon the magistrates’ promotion exam organisation.

The SCM appoints and dismisses the NIM Director and Deputy Directors and designates the judges and prosecutors who will be members of the NIM Scientific Council.

The Pedagogical Council is an advisory body which, at the request of the Scientific Council, submits proposals concerning the NIM’s educational policies (mainly regarding curriculum, syllabi and programmes for the Training Departments). The members of the The Pedagogical Council are: the director and the 2 deputy directors of the Institute, the coordinators of the training subjects, the full professors for each subject-matter, and 2 practical training coordinators, one for the groups of judges and one for the groups of prosecutors. The 2 representatives of the practical training coordinators are elected annually in the general assemblies which are convoked and presided over by the director of the Institute.

Advocates Further the Council of the National Institute for Training and Vocational Training of Advocates is powered a Scientific Council with a consultative role. The Scientific Council has 3 members nominated by the Council of the Institute at the proposal of the President of the Council.

The members of the Scientific Council are advocates with a good professional reputation and also that are professors into the juridical universities or members associates at least. Each member of the Scientific Council is responsible for one section: private law, public law and organization and exertion of the advocate profession.

The Scientific Council of the National Institute for Training and Vocational Training of Advocates has the following attributions:a) give the consultative opinion regarding the annual plan of modules for training, study programmes, and also the others forms of professional training organised within the profession;b) propose the selection criteria’s for the trainers of the Institute;c) coordinates the elaboration of the scientific publication edited by the Institute.

7. How is the in-service training institution financed (by who - public/private origin, state/regional/European or international funds, contributions from participants -, what is the repartition of the different incomes and how much is the budget)?


JudgesProsecutors

The NIM funding is partly from the state budget, partly from funds provided by international programmes or further to collaboration with a number of partners in Romania and abroad.Moreover, the NIM budget is distinctly specified within the SCM budget.The entire budget of INM in 2010 is approximately 5,520,514 Euro, from which: 2,513,262 Euro are for initial training activities, 318, 294 Euro are for in-service training and 2,688,958 Euro are administrative costs (salaries for permanent staff, maintenance, utility costs, office supplies, library costs, etc.).For 2010 the funds for the in-service activities are 318,294 Euro, divided as follows: 26,282 Euro represents salaries for part-time trainers and 292,012 Euro represent other cost related the in-service training activities (such as, accommodation, supplies costs and transport expenses for the participants).

Advocates The National Institute for Training and Vocational Training of Advocates funding are from the following sources: a) from the National Association of the Romanian Bars and the territorial Bars; b) donations, sponsorships etc.; c) funds from direct economic activities (such contributions from participants); d) any other legal funds.

8. Is the in-service training mandatory for judges, prosecutors and advocates? If yes, please indicate to what extent (number of hours or days per year, sanctions).

JudgesProsecutors

The Regulation concerning the organisation of the in-service training courses for sitting magistrates and attestation of results achieved adopted by the Superior Council of Magistracy (further on called SCM) in 2004 stipulates that magistrates are entitled to ten workdays paid holiday per year to participate in courses or other types of training organised in Romania or abroad. Sitting magistrates are required to participate, at least once every 3 years, in in-service training programmes organised by the NIM, by higher education institutions in Romania or abroad, or in other types of professional development.

In-service training is both a right and an obligation for the magistrates, being a guarantee of their independence and impartiality in performing their functions.

Besides the general obligation of the magistrates to participate in a type of training, the law on the statute of magistrates (Law no. 303/2004) stipulates two situations when in-service training is compulsory: the first regards the magistrates who get the rating “unsatisfactory” or those who get “satisfactory” twice consecutively in evaluations, who are required to attend for a period of 3-6 months special courses organised at the NIM; the second regards magistrates who accede to the profession by competitive examination for admission to magistracy. Consequently, the law on the statute of magistrates stipulates that, after being appointed magistrates, the former candidates to magistracy are required to attend, for 6 months, an in-service training course at the NIM.


Besides these particular situations, training is also compulsory for magistrates who are going to work for a specialised court. The reform of the Romanian judicial system presupposes the creation of specialised courts in the field of commercial law, administrative and fiscal law, labour law, and in field of justice for minors and family law. The magistrates who are to work in such courts will be required to participate in a special training programme at the NIM.

Advocates The in-service training is mandatory for advocates (60 hours in three years, 20 hours mandatory every year).

9. Is the career promotion scheme formally influenced by the attendance of in-service training by judges, prosecutors or advocates?

JudgesProsecutors

In order to check if the magistrates meet the professional competence requirements, their performance is evaluated annually. The criteria are the following: their efficiency in finalising works, cassation practice and the number of judgements quashed, participation at the in-service training, conduct at work and relations with colleagues, fulfilment of other duties in compliance with the law.

Advocates No, the career promotion scheme is not formally influenced by the attendance of training modules, but represents a plus for the participants.

10. Is there some hypothesis in which the attendance of a training is compulsory to access a specific position in the career? If so, please specify if it is before taking the position (and if the appointment is conditioned to a positive evaluation of the training) or after the appointment in the new position?

JudgesProsecutors

No, there are no cases in which the attendance of training is compulsory to access a specific position in the career of a judge of prosecutor.

Advocates No, there are no cases in which the attendance of training is compulsory to access a specific position in the career of an advocate.

11. In general, do the in-service training modules evaluate the abilities demonstrated by or the knowledge acquisition of the trainee?

JudgesProsecutors

No, at the ending of training modules, the judges and prosecutors are not evaluated.

There where some exceptions regarding some train the trainers modules of training where the future trainers were evaluated and proposed to be selected as trainers of the Institute. The future trainers who participate in trainers’ training programmes are evaluated – when holding seminars – by the Romanian and foreign experts providing the training. The evaluation criteria focus on: the legal contents of the presentation, structure of the presentation, examples used, images used, practical cases, manner of presentation, manner of chairing the group’s discussions, good time/programme management, etc.

Advocates No, at the finalisation of the training modules the participants are not evaluated.


II. Content of the In-service Training (This information is not required by the first data reporting deadline of 15 April 2010, but any national contributors who would like to provide any of this information at this time should feel free to do so).

1. Please specify the way in which the in-service training program is built (type of trainings offered: lectures, workshops, seminars, study visits, internships, e-learning and audiovisual facilities)?

JudgesProsecutors

The Superior Council of Magistracy approves, every year, further to the proposal of the National Institute of Magistracy, the curriculum for continuous professional training for judges and prosecutors. All the continuous training sessions organised by the National Institute of Magistracy are optional; exceptionally, the training of the magistrates who shall perform their activity at the specialised courts, the magistrates whose activity has been assessed as unsatisfactory, as well as the training of the magistrates recruited following an exam directly on the position is mandatory.

The training fields and themes for the continuous training activities are established after having consulted the courts, prosecutor’s offices, magistrates’ partners and civil society and having taken into consideration the assessment of the training provided the year before.

NIM developed a complex training system that uses simultaneously classical training methods (seminars, conferences, train-the-trainers programs etc.), alongside with modern non-conventional methods, which make it particularly efficient as it allows for sustainable results.

NIM has developed two ECHR Jurisprudence Books (the first issue was in 2002, the second in 2005); the Courts of Appeals distribute this volume free of charge to all Romanian magistrates, based on their agreements concluded

with NIM in this respect. Another similar initiative is the development of a CD that includes a translation into Romanian of all current cases lost by Romania at the ECHR, the rules applicable to the operation of the ECHR, as well as the two textbooks, namely “ECHR – Civil Aspects” and “ECHR – Criminal Aspects”, developed by NIM within a Phare Program.

In 2007, NIM has set up an online information desk on Community law (a help-line) that had been in operation for up to 2 years and provided an online access to information. Making such a desk operational required development of a network of experts able to take up the questions raised by the interested parties, to create an e-mail address ([email protected]), as well it was necessary to connect all these experts so as to enable them coordinate the collection of queries, the development of answers and the sending of replies.

Another initiative to train magistrates on Community law is the development of a Community Law Manual, which has already been distributed free of


mailto:[email protected]

charge to all the Romanian magistrates, together with the first 55 European Court of Justice preliminary rulings, translated into Romanian.

The magistrates also have an opportunity to find on NIM website the teaching materials regarding the Community law and human rights which the Institute uses for its continuous training programs.

The National Institute of Magistracy is highly involved and interested in developing alternatives methodologies for training judges and prosecutors, therefore the Institute, adapted and implemented the open-source platform Dokeos for eLearning since July 2008. Currently, the e-learning platform based on DOKEOS technology is available on NIM servers, ready to be uploaded with courses/modules on various topics, adapted to the e-learning format and requirements. Furthermore, in 2009, NIM developed the e-learning curriculum for long distance training of judges and prosecutors, as the future alternative to classical training, a more efficient and less-costly method of training judges and prosecutors throughout the country. The four e-learning modules created are mainly addressing the European law – EC Law and European Convention of Human Rights. The modules are in the pilot testing phase, based on the guidelines issued for this form of training – converting a traditional training curriculum into an eLearning training curriculum.

For 2010, NIM is developing, with the support of the Judicial School of Spain and the High Council of the Judiciary in Spain, three e-learning training modules in the following fields: anticorruption, fight against economic and financial crimes and seizure of goods.

It is important to mention the fact that the training activities attended by each magistrate in time are kept in an electronic record system beginning with 2003.

From December 2005, NIM was an observer in the European Judicial Training Network (EJTN) and that allows the Romanian magistrates to take part in training programmes, funded by the European Commission. As a result of the progresses from the last years and for the involvement of the NIM in the activities of the EJTN, the institute had became, on June 2007, with unanimity of the votes, the member with full right of the EJTN.

At the General Assembly held in Trier in June 2007 NIM was elected, for a 3 years period, as member of the Steering Committee, the decisional body of EJTN, between two General Assemblies and also, member of the “External Relations” Working Group. In June 2008 at Ljubljana, NIM was elected the member of two other Working Groups, “Exchange Programme” and “Technologies”. In May 2010 at the General Assembly held in Madrid, NIM was re-elected as member of the Steering Committee and member in the Working Groups “Exchange Programme”, “External Relations” and “Technologies”.

In the past years NIM has developed cooperation partnerships with European


Academy of Law from Trier, European Institute for public Administration, European Court of Human Rights, Court of Justice of the European Union, EUROJUST; and also, with other European schools of magistracy or institutions in charge with magistrates` training, such as: French School of Magistracy, Spain, Italy, Belgium, Portugal, Austria, Germany, Macedonia, Ukraine or Albany.

All these international partnerships developed by NIM offer to the Romanian magistrates the possibility to participate annually at study visits and internships organised in other Member States.

Advocates The in-service training department of the National Institute for Training and Vocational Training is developing based on an annual programme seminar (debates) for advocates. The thematic of the seminar is accordingly with the curriculum established by the In-service Training Programme for the period 2008 -2011. Also, the Institute organizes the study visits and internships for Romanian advocates in Member States conferences. The Institute is implementing modules of e-learning training for advocates.

2. Is the in-service training program delivered within the training institution done by a special staff (who are they? Background, Status? Number of permanent staff) or externalised (to who? Please indicate the ways and proportion of externalization)?

JudgesProsecutors

The training staff of the NIM is usually composed of appointed judges and prosecutors, who may be seconded, according to the law, with their own consent, to work with the NIM, based on the endorsement by the Scientific Board of NIM.

In order to carry out the professional training process, NIM may use, in accordance with the law, academic staff from the graduate law schools accredited in accordance with the law, other Romanian and foreign experts, as well as specialist law staff.

The candidates are selected by a board, appointed by a decision of the Scientific Council, based on a public and transparent procedure, consisting of objective criteria decided upon as a part of trainers’ recruiting strategy approved by the Superior Council of Magistracy.

The NIM Status of Trainers establish the publicity procedure for announcing the vacant positions, the selection criteria's, the professional background abilities and also, the pedagogical competencies of the candidates, successive interventions of NIM permanent trainers and the specialist in educational science, and in the final phase the evaluation of the NIM Scientific Council and SCM.

In the period 2005-2009, beginning with 2005, the list of trainers for initial and continuous training was establish, annually, taking into consideration the all the official documents approved by SCM at the NIM proposal (the NIM Strategy for Train the Trainers 2004-2007 and the Status of train the trainers` department. The data base provides statistical information on the performance evaluation of trainers, by domains of study and from chronological point of view.

The NIM personnel scheme has approved 16 positions of permanent trainers. In the year 2009 only 7 positions were filled, in the following fields of study: civil law, penal law, commercial law, European law, European Convention of Human Rights. As the education process at the NIM cannot be fully provided by the 16 training staff, a


compromise solution has been found – the other 9 vacant posts have been fractioned so that other trainers – collaborating with the NIM – could be hired and paid for initial and also, continuous training activities. The Institute’s teaching staff provides the entry-level training programmes, in-service/continuous training programmes for judges and prosecutors and the programmes for the training of trainers, in compliance with the established syllabi.

Part-time means a maximum of 32 conventional hours a month.

At the moment, the NIM continuous training department works with approximately 360 part time trainers. Also, we mention that was increased the number of trainers recruited among the judges and prosecutors, specially at the fundamental disciplines and disciplines needed in the context of the Romanian integration in the European juridical system, also NIM recruited a significant number of specialist that have other specialization such as judicial management, mass media or didactical skills.

The recruitment, training and assessment of trainers have the following specific goals:

To implement a transparent, objective and flexible procedure to recruit and assess trainers, in accordance with the provisions of the Status of the NIM trainer;

To train the trainers on substantive and procedural law, as well as on the pedagogical techniques;

To develop the trainers’ network so as to cover all training areas;

To increase the number of full-time trainers, especially with judges and prosecutors in office.

Trainers are recruited separately for the basic training and for the continuous training, in observance of the provisions included in the Status of the trainer and the principle of transparency and having in mind their teaching knowledge and skills.

Trainers are trained every year, based on a program approved by the Superior Council of Magistracy, which is a component of the basic and continuous training programs.

The train-the-trainers program targets:

Newly-recruited trainers;

The trainers who express their wish to attend such a program;

The trainers the Cons INM has decided should attend additional training courses, as a consequence of the evaluation they received for the previous year.

The professional assessment of the trainers shall be done on a yearly basis, in accordance with the Status of the trainer and shall be the basis of the proposals concerning the list of trainers for the following year.

The NIM education sciences expert shall also take part in the trainers’ recruitment, training and assessment. He/ she shall also be responsible with the setting up of a uniform framework to ensure the events related to the training of trainers on the pedagogical methods used throughout the training activities.

The continuous training trainers are assessed by several ways:• Evaluation forms filled by the participants • Evaluation of the NIM expert in charge of the seminar• Evaluation of the specialist in educational sciences


The trainer evaluation takes into consideration:• participations in exam juries• repeated refusal of taking part to continuous training activities (the trainers list includes a special column ).

Advocates The training staff of the National Institute for Training and Vocational Training is usually composed of advocates, who may be seconded, according to the law, with their own consent, to work with the Institute, based on the endorsement by the Scientific Council of Institute. In order to carry out the professional training process, the Institute may use, in accordance with the law, academic staff from the graduate law schools accredited in accordance with the law, other Romanian and foreign experts, as well as specialist law staff.

The candidates are selected by a board, appointed by a decision of the Scientific Council, based on a public and transparent procedure published on the official site.

At this moment there are a total number of 48 part-time trainers selected for initial and in-service training.

3. Are the following disciplines part of the in-service training program proposed to judges, prosecutors and advocates? If yes, please tick the appropriate box.

Judges Prosecutors Advocates- Comparative Judicial Systems x x O- Comparative Law x x O- European Law and Proceedings x x x- Political Sciences O O O- Sociology O O O- Anthropology O O O- Psychology O O x- Philosophy and Ethics x x O- Economics O O O- History O O O- Foreign Languages x x OGeneral professional skills, such as:Communication x x OInformation technology x x OManagement x x O- Others For judges and prosecutors The NIM continuous training curriculum includes:

• International Cooperation in Civil and Criminal Matters, • Human Rights, the Jurisprudence of the European Court of Human Rights, • Unification of Romanian jurisprudence in civil, commercial and penal matters,• Training focused on the specialisation of judges and prosecutor (financial and

administrative law, banking law, intellectual property law, competition law, justice for minors, anticorruption and economic and financial crime, money laundering, organized crime, cyber crime, labour law, traffic of human beings, criminology etc.)

• Developing non-juridical skills specific to the profession of the magistrate (combating discrimination, public policies in courts and relationship with the media).


As an element of novelty in 2009, issues of the human rights law and community law were included in the seminar’s agenda devoted to specialised training of magistrates. So far, this was achieved only in a sporadic manner, depending on the approach envisaged by the trainers of these seminars. Thus, the agendas of seminars of competition law, labour law, environmental law, commercial law, administrative law and financial and taxation law, combating discrimination have provided also topics of community law. Also, the agenda of the seminars of labour law, environmental law, administrative law and financial and tax law, justice for minors, criminal law and criminal procedural law, civil law, combating discrimination and relationship with the media relevant topics of the ECHR were included.

For advocates can be and are organise the following conferences: civil law and proceedings, penal law and proceedings, European Convention of Human Rights, family law, labour and social security legislation, commercial law, professional statue of advocate profession and deontology.

4. Please provide the approximate percentage of non legal disciplines and topics included in the in-service training program offered to professionals.

Judges 22%Prosecutors 22%Advocates -


candidates pass according to the following conditions

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