Training Materials AD/2015/02 Human Rights & Access to Justice in the EU

Venue: National Courts Administration (NCA) - Vilnius, Lithuania
Dates: 14-15 May 2015
Participants: 45 judges/prosecutors

TRAINING MATERIALS
(last updated on 16/05/2015)

Background documents:

Administrative Law SWG Guidelines (2012) - see Chapter III 
Human Rights Handbooks for Legal Practitioners (Council of Europe)
European Programme for Human Rights Education for Legal Professionals (HELP Programme)
European Convention on Human Rights (EN)
Charter of Fundamental Rights of the European Union (EN)
N. Mole & C. Harby, The Right to a Fair Trial: A guide to the implementation of Article 6 of the European Convention on Human Rights, Human Rights Hanbook No. 3 (2006)
D. Vitkauskas & G. Dikov, Protecting the Right to a Fair Trial under the European Convention on Human Rights, CoE Human Rights Hanbook (2012)

Materials per training session
(subject to updates)

1. Right to Fair Trial in the EU Charter of Fundamental Rights: CJEU and ECtHR case-law - Saulius Lukas Kalėda (Thursday, 14 May - 09:30 - 10:30)

• S. Kalėda, Judicial Review in EU Law: A Post-Lisbon Perspective, A Lazowski & S Blockmans (eds.), Research Handbook on EU Institutional Law (Edward Elgar, forthcoming in 2015)
• S. Kalėda, Presentation Outline: Right to an Effective Remedy and to a Fair Trial in EU Law

2. Workshop Sessions:

A. Standards Regarding Evidence in Court Proceedings According to Art. 6 of the European Convention on Human Rights - Danutė Jočienė (Thursday, 14 May - 11:00 - 12:00)

• PP Presentation: Evidence in Court Proceedings according to Art. 6 ECHR
• D. Jočienė, Overview of the Standards Regarding Evidence in Court Proceedings According to Art. 6 of the ECHR (2015)
• Pocius v. Lithuania, App. No. 35601/04, Second Section, Judgment of 6 July 2010
• Gäfgen v. Germany, App. No. 22978/05, Grand Chamber, Judgment of 1 June 2010
• Bykov v. Russia, App. No. Application no. 4378/02, Grand Chamber, Judgment of 10 March 2009
• Gulijev v. Lithuania, App. No. 10425/03, Second Section, Judgment of 16 December 2008
• Martinie v. France, App. No. 58675/00, Grand Chamber, Judgment of 12 April 2006

B. Lengthy Proceedings v. Reasonable Time of a Trial - Martin Kuijer (Thursday, 14 May - 11:00 - 12:00)

• Workshop Outline: Lengthy Proceedings v. Reasonable Time of a Trial

C. Judge-Lawyer Conduct in the Courtroom & the Fair Trial Principle - Beatrice Ramascanu (Thursday, 14 May - 14:30 - 17:00)

• B. Ramascanu, Presentation Outline: Judge-Lawyer Conduct in the Courtroom and the Fair Trial Principle
• B. Ramascanu, Role Play Exercise 14/05/2015
• Morice v. France, App No. 29369/10 - Questions & Answers concerning the Grand Chamber judgment - 21 April 2015 [the Court held that there had been a violation of freedom of expression and right to a fair trial]
• Summary of Replies to the Questionnaire for the preparation of CCJE Opinion No. 16 on the relationship between judges and lawyers and the concrete means to improve the efficiency and quality of judicial proceedings, CCJE-GT(2013)2, 6 March 2013;
• Opinion No. (2013) 16 on the Relations between Judges and Lawyers, CCJE(2013)4, 15 November 2013;

D. Uniformity of Practice & Lawfulness of Domestic Decisions as Relevant Aspects of Article 6 - Dovydas Vitkayskas (Thursday, 14 May - 14:30 - 17:00)

D. Vitkauskas & G. Dikov, Protecting the Right to a Fair Trial under the European Convention on Human Rights, CoE Human Rights Hanbook (2012)
PP Presentation: Uniformity of Practice & Lawfulness of Domestic Decisions as Relevant Aspects of Article 6
Case-study: workshop session

3. Effective Remedies as a Fundamental Right - Martin Kuijer (Friday, 15 May - 11:00-12:00)

• M. Kuijer, Effective Remedies as a Fundamental Rights: The importance of effective domestic remedies from a human rights perspective (May, 2015)

4. Equality of Arms as a Standard of Fair Trials - João Tiago da Silveira (Friday, 15 May - 12:00-13:00) 

• PP Presentation: Equality of Arms as a Standard of Fair Trials