National School of Judiciary and Public Prosecution

BACKGROUND
GENERAL INITIAL TRAINING IN 2016
CONTINUOUS TRAINING AND INTERNATIONAL COOPERATION
USE OF AID FUNDS
TRAINING FACILITIES

BACKGROUND

NATIONAL SCHOOL OF JUDICIARY AND PUBLIC PROSECUTION

The National School of Judiciary and Public Prosecution (Krajowa Szkoła Sądownictwa i Prokuratury) was established as a legal entity on the basis of the Act of 23 January 2009 (Journal of Laws of 2009 No 26 item 157) and commenced activities on 4 March 2009. It is the only central institution responsible for the initial and continuous training of the judiciary and prosecution staff in Poland.

The National School’s operations are governed not only by the abovementioned Act but also the by statute, which defines its structure, organisation, headquarters, logo and the mode and manner of implementing training activities. This statute is enacted by the Minister of Justice, by way of regulation. The Minister of Justice also monitors the National School’s compliance with the legal regulations and the statute.

The financial resources for the functioning of the National School and the implementation of its statutory tasks are obtained in the form of grant from the part of the state budget that is under the supervision of the Minister of Justice. Furthermore, for these purposes the National School designates its own income, receives and uses funding from the European Union.

The main tasks of the National School are:

1.         training and enhancing the professional competence of judges, judge’s assessors, prosecutors and prosecutor’s assessors, in order to complement their specialist knowledge, professional skills and abilities;

2.         training and enhancing the professional competence of court referendaries, judge’s assistants, prosecutor’s assistants, probation officers, officials of common courts of law and public prosecutor’s offices in order to improve their professional qualifications;

3.         conducting the judicial training and prosecutorial training (and until 2018, also general initial training), whose goal is by obtaining necessary knowledge to prepare the trainees to work as a judge, judge’s assessor, prosecutor, prosecutor’s assessor;

4.         conducting analyses and research aimed at determining the competency and qualifications assigned to particular positions in courts and public prosecutor’s offices in order to use them in training activity.

 

In February 2016 the legislative efforts were began to extend the two-stage initial training for another year (Sejm Paper No 289). The final adoption of the proposed legal solutions means that this year the next call for general initial training, which will begin in 2017, is going to be launched.

Furthermore, the National School, in addition to training activity untertakes publishing activity. Within its framework The Quarterly of the National School of Judiciary and Public Prosecution (Kwartalnik), is regularly published. Since 2013 The Quarterly has been listed as scientific journal, as well as publishing series, such as: Methodologies (Metodyki), Legal Trainee’s Library (Biblioteka Aplikanta),

First Court Calendar (Pierwsza wokanda), Amended Code of Criminal Procedure for Prosecutors and Judges (Znowelizowany Kodeks postępowania karnego w pracy prokuratora i sędziego) and other publications.

All mentioned publications are distributed free of charge to courts and prosecutor’s offices all over Poland, as well as to the Supreme Court of Poland, the National Public Prosecutor’s Office, the Supreme Administrative Court, universities conducting courses in law and other institutions related to the system of justice and prosecution. In addition, books edited in the series of the Amended Code of Criminal Procedure for Prosecutors and Judges are sent to all prosecutors and judges of criminal courts.

In pursuit of its duties, the National School is involved in international and interinstitutional cooperation and cooperates with basic organisational units of universities conducting courses in law, with research and development units and academic establishments of the Polish Academy of Sciences (PAN), and other institutions related to the functioning of system of justice as well as with professional legal organisations and associations.

The School authorities are the Programme Board and the Director.

The Programme Board is currently appointed by the Minister of Justice. The Programme Board is made up of 18 members: the Minister of Justice, the General Prosecutor, the National Council of Judiciary and the National Council of Prosecutors by the General Prosecutor each nominates three members, while one member is appointed each by the First President of the Supreme Court, the President of the Supreme Administrative Court, the President of the Supreme Bar Council, the President of the National Council of Legal Advisers, the President of the National Council of Notaries and the basic organisational units of universities conducting courses in law.

A member of the Programme Board can only be a judge, a prosecutor, a person holding the title of professor or a post-doctoral degree in law, or a retired judge or prosecutor. The term of office for members of the Programme Board lasts 4 years.

The Programme Board is responsible for:

- outlining general directions of activity for the National School;

- drafting annual schedules of training activities of the National School;

- adopting curricula for initial legal training;

- expressing opinion on the composition of teams and boards for contests and examinations;

- setting annual publishing targets for the National School;

- passing organisational regulations, as well as training activity regulations for the National School;

- selecting and expressing opinions on candidates for lecturers for the National School;

- approving an annual report on the activity of the National School presented by the Director of the National School. The Director heads the National School and represents it. The Director is appointed by the Minister of Justice under advice from the National Judicial Council and so far the National Council of Prosecutor’s Office for a 5-year term, from 4th March 2016 the National Council of Prosecutors by the General Prosecutor. The Director can be appointed only for two consecutive terms. The Director is appointed by the Minister of Justice under advice from the National Council of Judiciary and the National Council of Prosecutors by the General Prosecutor for a 5-year term of office. The Director of the National School is responsible for:

- outlining regulations for the National School’s organisational and training

activity;

- directly supervising the organisational units of the National School;

- outlining a detailed curriculum for initial legal training;

- enforcing annual schedules of training activities and publishing targets for the National School;

- performing the tasks related to preparing and holding recruitment processes for initial legal training, conducting general initial training(until 2018), judicial and prosecutorial training, as well as organising examinations for judges and prosecutors.

Each of the Offices and Centres of the National School is managed by Deputy Directors, who are appointed by the Minister of Justice: Deputy Director for Organisational Affairs, who manages the Director’s Office; Deputy Director for Initial Training, who manages the Centre of Initial Training; Deputy Director for Continuous Training and International Cooperation, who manages the Centre for Continuous Training and International Cooperation; and Deputy Director for Economic and Financial Affairs, who manages the Financial Management Department.

The tasks of the National School are performed by its employees, as well as judges and prosecutors commissioned to this institution by the Minister of Justice or by the General Prosecutor.

Training courses are conducted by the National School lecturers, who are mainly recruited from among judges and prosecutors, as well as academic teachers and other persons who have specialist knowledge in a particular field.

The National School operates a website  www.kssip.gov.pl – with information on the following subjects:

general initial training, including curricula for particular specialisations, internal legal regulations concerning recruitment for general initial training, conducting particular specialisations and conducting exams for judges and prosecutors;

- continuous training, including the schedule of training and post-graduate studies.

The website also provides resolutions adopted by the Programme Board, selected regulations of the Director and links to legal acts governing the activities of the National School of Judiciary and Public Prosecution and details of the current activities of the National School. In addition, the Publications tab includes an electronic version of the Quarterly of the National School of Judiciary and Public Prosecution, as well as other publications edited by the National School. The website also provides contact details for the National School and its units.

GENERAL INITIAL TRAINING IN 2016

Since 2009 the National School of Judiciary and Public Prosecution has been running initial training, to enable law faculty graduates to acquire the necessary qualifications to work as a judge (judge΄s assessor), prosecutor (prosecutor΄s assessor) as well as court referendary, judge’s assistant, prosecutor’s assistant. Initial training activities are managed by the Initial Training Centre in Kraków, which is responsible for: holding the initial training, selection procedure, conducting general initial training, judicial and prosecutorial training, organisation of exams for judges and prosecutors, including handling of administrative and logistics aspects of the process, as well as organisation of referendary’ s apprenticeship for trainee judges (until 2018).

Main characteristics of initial training at the National School:

- candidates are selected pursuant to a centrally-managed procedure, with a two-stage written competition verifying candidates’ knowledge of law and their ability to apply it in practice;

- the number of places each year is determined by the Minister of Justice;

- alternating periods of study and apprenticeship are combined into training cycles and devoted to different topics; assessment of trainees’ knowledge and skills is held at the end of each cycle;

- trainees attend classes and training courses at the National School and complete their apprenticeship in different places across Poland;

- centrally-run professional examinations (for judges and prosecutors);

- selection procedure and professional examinations are conducted by the boards appointed by the Minister of Justice, independently of the School’s Director using the materials prepared by teams that are also designated by the Minister of Justice;

- training is financed from the state budget;

- securing means of support for trainees throughout the period of initial training (scholarships for trainees, remuneration for trainee judges who work as court referendaries).

Although completion of initial training does not guarantee that trainees will be employed as judges or prosecutors, it provides them with the qualifications necessary to apply for these positions, after they have satisfied other statutory requirements.

TRAINING DESCRIPTION

All types of initial training are structured into cycles. Each cycle has three parts: a 5-day training session held at the National School; apprenticeships lasting a few weeks; then an examination verifying the trainee’s knowledge and practical skills is held at the beginning of the next session.

The cycle of initial training currently provided by the National School:

Training is delivered to groups of several trainees, in accordance with the curricula adopted by the Programme Board. There are different teaching methods used in training the nature of which is practical. The National School’s lecturers are judges, prosecutors and experts who have been positively assessed by the Programme Board and whose engagement has not been vetoed by the Minister of Justice or (in the case of prosecutors) by the General Prosecutor. Trainees are provided with free access to study materials and legal software.

On completion of a training cycle, each trainee is sent for an apprenticeship to courts, prosecutors’ offices or other organisational units (e.g. the Police) all over Poland. Trainees are then monitored by their individual tutors supervising their apprenticeship, i.e. judges, prosecutors or court referendaries.

In the last month of their judicial or prosecutorial training, trainees take professional examinations.

Trainees may take up English language classes, including a course in legal English held at the National School, and other supplementary courses delivered via the National School’s e-learning platform. In addition, they are offered an opportunity to take part in international exchange programmes for young legal professionals, organised in cooperation with the European Judicial Training Network (EJTN).

The National School has its own teaching and hotel facilities located in Kraków’s centre, in the close vicinity of a number of court and prosecutors’ office buildings. For periods when sessions are held, trainees may stay in single rooms with bathrooms in The Legal Trainee’s House that are reserved specifically for them.

CONTINUOUS TRAINING AND INTERNATIONAL COOPERATION

The statutory tasks of legal continuous training for the judiciary and public prosecution are managed by the Centre for Continuous Training and International Cooperation of the National School, which is located in Lublin (hereinafter: CCTIC). The Centre is also responsible for carrying out analyses and research with the aim of identifying competences and qualifications required for certain positions in courts and public prosecution offices in order to enhance training activities.

Tasks of CCTIC include:

- training and enhancing professional competences of judges, prosecutors, judge’s assessors and prosecutor’s assessors to complement their specialist knowledge and professional skills;

- training and enhancing professional competences of court referendaries, judge’s assistants, prosecutor’s assistants, probation officers and officers of common courts and public prosecutor’s offices to improve their professional qualifications;

- carrying out analyses and research with an aim of identifying competences and qualifications required for certain positions in courts and public prosecution offices in order to enhance training activities.

To achieve the above goals, the Centre carries out the following specific tasks:

- defining curricula and organising training and other periodical forms of continuous professional learning;

- coordinating training activities of courts and prosecutors’ offices;

- preparation and organisation of conferences, symposia and seminars;

- international cooperation;

- cooperation with basic organisational units of universities conducting courses in law, research and development centres and branches of the Polish Academy of Sciences, with respect to training activities and other forms of professional development;

- obtaining and using aid funds to finance its tasks;

- performing other tasks related to the professional development of employees of courts and prosecutor’s offices, taking into account their respective needs, as specified by the Minister of Justice.

The training offer covers various legal topics (e.g. the latest or most problematic legal regulations), as well as other issues not directly related to law(e.g. interpersonal communication, public presentations, handling stress and counteracting professional burnout, professional ethics, and also issues related to medicine, economy, and sociology). Training and professional enhancement programmes take different forms to best address different needs.

Another form of training activities includes specialist postgraduate studies organised in cooperation with universities, and also research and development centres and institutes. The studies cover a wide range of topics in criminal and substantive law, procedural law of evidence, civil law, tax law, commercial law, labour law, medicine law, family law, constitutional law, interpersonal communication, and public presentations.

Systemic training courses are an important part of the curriculum. They are meant to present specific issues to all interested participants. The systemic training courses focus on EU law, human rights, training for recently appointed judges and referendaries, forensic, legal, and criminal aspects of obtaining and using biological traces as evidence, training courses in economy and finance, and also in non-legal skills.

Between 2009 and 2015, CCTIC trained altogether 153 993 participants.

International cooperation is an important field of the National School’s activities. It is pursued to share experiences in the area of training methodologies to take advantage of the latest developments and to incorporate them for the needs of the Polish judiciary system, and to co-organise training events and exchange programmes, especially those dedicated to teaching of European law and foreign languages, as well as to facilitate access to EU aid funds. Cooperation is accomplished under agreements with European institutions providing education programmes for judiciary officers and with international training institutions and centres, such as the Academy of European Law (ERA), the European Institute of Public Administration (EIPA), the International Organisation for Judicial Training (IOJT), and within the framework of the European Judicial Training Network (EJTN) the National School is a member of.

The National School guarantees the participation of Polish judges and prosecutors, and other officials of the Polish judiciary, in international seminars and conferences, as well as international internships and exchange programmes. At the same time, it is responsible for the coordination and execution of numerous international meetings and training courses for judges and prosecutors held in Poland. The goal of these events is to improve knowledge of European legal instruments, to develop foreign language skills and build mutual trust between judges and prosecutors in Europe. Between 2009 and 2015, 5,831 persons attended international events, of which 1002 participated in internships and exchange programmes.

Number of people trained by the Centre for Continuous Training and International Cooperation in the years 2009–2015

The National School is continuously gathering materials and documents concerning the process of training the judiciary and prosecution staff in Europe and all over the world, as well as experience in innovative methods of conducting training activities.

CCTIC’s modern training facilities located at the Pałac Morskich feature an auditorium, lecture halls, workshop labs, and also a library. The rooms are equipped with professional audio and video equipment and the auditorium has been adapted to host conferences that require simultaneous interpreting. CCTIC’s training facilities can accommodate up to 310 persons participating in training sessions organised there; the premises have also been adapted for people with disabilities.

USE OF AID FUNDS

As mentioned already, the Centre for Continuous Training and International Cooperation is also actively involved in seeking and effectively using grants under various assistance programmes. The Centre’s efforts in this field include:

- sourcing information on the existing and new programmes that could be utilised to support the National School’s activities;

- assessing opportunities to acquire funds and grants to finance the National School’s tasks;

- issuing opinions on project proposals submitted by organisational units and assessing their eligibility for funding under assistance programmes;

- preparing applications that relate to the National School’s statutory activities.

To perform the above tasks, CCTIC undertakes cooperation with institutions working in the field of EU assistance funds.

In the first half of 2015, the Centre completed a project entitled “Education in management of time and costs of court proceedings – case management”, implemented as part of the Operational Programme Human Capital, co-financed from the European Social Fund, Priority V – Good Governance, Measure 5.3 “Support for the implementation of the Lisbon Strategy”. The main objective of the project was to improve the potential of the judiciary through development of communication with users of the judiciary and to enhance the level of general and professional knowledge and practical skills as far as court and case management is concerned.

Since 1 April 2015 the National School of Judiciary and Public Prosecution has been implementing a project entitled “Combating and Preventing Cross- Border and Organised Crime”, co-financed from the Norwegian Funds 2009- 2014. The project is addressed to judges and prosecutors. The main objective of the Project is to enhance the capacity of law enforcement officers to prevent and combat cross-border and organised crime, including human trafficking and itinerant criminal groups by organising a series of training sessions addressed to judges and prosecutors.

TRAINING FACILITIES

The National School has its own training facilities, both in its headquarters in Kraków, and in Lublin-based Centre for Continuous Training and International Cooperation, as well as in the independent Training Centre in Dębe established to provide accommodation and catering services and to organise conferences, training sessions, symposia, and other training and entertainment group events.

The National School also operates a hotel facility The Legal Trainee’s House (Dom Aplikanta) that is located in the centre of Kraków, and which offers 200 beds in 176 rooms.

Data publikacji: 
2013-07-18 10:54
Data wytworzenia: 
2013-07-18 10:54
Ostatnia zmiana: 
2017-04-05 12:52
Autor zmiany: 
Andrzej
Muszyński