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Judicial Modernization and Access to Justice Reform

Support and consultation for the reform of the criminal justice system, civil law system, and justice sector data analyses. Assistance with budgeting, documents preparation, and participation in the legislative process. Support for EU integration and capacity building of relevant stakeholders.

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Judicial Modernization and Access to Justice Reform

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  1. MDTF-JSS Results in 2015

  2. MOJ RAFU Reform of Criminal Justice System ICT Consultant for support to the Judicial modernization Reform of Civil Law System Justice Sector Data Analyses/ Budgeting AccesstoJustice Reform of Judicial Network (to be renewed) Reform and Accession Facilitation Unit Anticorruption JA Competency/ Education (completed) Human Rights Reform of Legal Professions Constitutional Framework Outreach and Communication

  3. DocumentspreparedbyMOJRAFU(1/3) Strategic documents: Action Plan for Chapter23 Annexes Functional Review recommendations – implementation roadmap Financial aspects of the AP23 Schematic overview of financial aspects of AP23

  4. DocumentspreparedbyMOJRAFU(2/3) Strategic documents: Revision of the AP Ch23 Report on Stabilization and Association Agreement Progress Report 2015 Negotiation Position NPAA

  5. DocumentspreparedbyMOJRAFU(3/3) National Strategy for War Crimes Action Plan for the Exercise of the Rights of National Minorities Update of Action Plan for the National Strategy for the Reform of Judiciary Update of Action Plan for National Strategy for the Fight Against Corruption Draft Action Plan for Implementation of Financial Investigation Strategy Standardized Methodology for Budgeting Action plans for Chapters 23 & 24

  6. Participation&supportofMOJRAFUinlegislativeprocess  Law on supplements to the Law on Judges  Law on supplements to the Law on Public Prosecution  Law on amendments and supplements to the Law on HJC  Law on amendments and supplements to the Law on SPC  Law on amendments and supplements to the Law on Judicial Academy  Law on amendments and supplements to the Law on Public Notaries  Law on amendments and supplements to the Law on Court Fees  Law on amendments and supplements to the Law on Non Contentious Proceedings LawonEnforcementandSecurities Law onTrial inReasonableTime DraftLawonFreeLegal Aid Codeof ConductforMembersofthe Government DraftCriminal Code Analysisofcomplianceofthe CPCwiththeacqius Guidelinesfor thedevelopmentofICT system DraftLawonPersonalData Protection

  7. Participation & support of MOJ RAFU in the field of EU Integration (1/2) • Preparation of all documents related to • accession, from the field of MoJ competence • Cooperation with European Integration Office • Preparation of a set of responses to COELA • members’ questions • Preparation of a pilot report on implementation of AP23 for the European Commission • Participation at the Parliamentary boards for EU Integration, Judiciary, Human and Minority Rights • Parliamentary board for Human and Minority Rights – discussion on • AP23 Subchapter Fundamental Rights

  8. Participation & support of MOJ RAFU in the field of EU Integration (2/2) • Development of Guidelines for reporting on • implementation of AP23 • Cooperation with civil society – National Convent for Accession to the EU • Participation in the work of the CEPEJ (Questionnaire – Scheme for Evaluating Judicial Systems) • Building a quality control system for enforcement agents, in cooperation with GIZ RoLE Project • National Convent for Accession to the EU - discussion with civil • society on AP23

  9. Participation&supportofMOJRAFUintheICTfield • Assessment of hardware infrastructure and software application with respect to further development of ICT within Judiciary • Draft of Guidelines which determine the directions of ICT system development according to AP Ch23 • Assistance to draft of national judiciary ICT budget for 2016 • Drafts of several ToRs for ICT projects within national and international donors projects • Analysis of data within ICT systems in courts and public prosecutors’ offices with recommendations for consolidation • Project management assistance to implementation of audio recording system in Higher Courts • Draft of methodology on how to gather information, conduct analysis regarding court fees and human resource roles in future ICT systems in Judiciary

  10. CapacitybuildingMoJ/SCC andotherrelevantstakeholders(1/3) • SupporttoMoJstaff: • Normativedepartment • Financialdepartment • Europeanintegrationandprojectsdepartment • Departmentforthejudiciary • AdministrationforEnforcementofCriminalSanctions

  11. CapacitybuildingMoJ/SCC andotherrelevantstakeholders(2/3) •  Methods of support provided: • Continuous daily twinning and on-the-job training • Knowledge and skills transfer • Comparative analyses • Drafting provisions of normative acts • Participation in relevant Working Groups • Regulatory framework forms and tables • Seminars/workshops – involving a set of stakeholders from different institutions • Brochures, etc.

  12. CapacitybuildingMoJ/SCC andotherrelevantstakeholders(3/3) •  In addition, the Trust Fund covered the financing of: • Roundtable to discuss the Serbia Judicial Functional Review with relevant stakeholders in WB Office in Brussels, on 10 February 2015 • FLA retreat in Fruska Gora, February 07- 08, 2015 • Study visit in Berlin, April 26 to April 29, 2015 • Annual Judges’ Conference (“Judicial Days 2015”) in Vrnjacka Banja, October 14-17, 2015 • Presentation of AP for Chapter 23 and Chapter 24 to COELA on October 9, 2015 in Brussels • Study Tour to Slovenian Courts and Ministry of Justice (Ljubljana, December 3-5, 2015)

  13. WorkshopsforstakeholdersorganizedbyRAFUMOJ(1/4) Workshop 1 Joint workshop on AP23: implementation of the Action plan for Chapter 23 and effective reporting

  14. WorkshopsforstakeholdersorganizedbyRAFUMOJ(2/4) • Participants: • All AP23 stakeholders, including relevant institutions in the field of Judiciary, Anticorruption and Fundamental Rights • Workshop 1:Joint workshop on AP23: implementation of the Action plan for Chapter 23 and effective reporting

  15. WorkshopsforstakeholdersorganizedbyRAFUMOJ(3/4) Keytopicsdiscussed: • results of initial datacollection,performedby • RAFU • technical instructions • • need formutualcommunicationamongthe • contact points • indicator-oriented reporting • • templates for reporting developed-provided to • all contact points per institution • reporting calendar • • visibilityof implementedactivities Workshop1 Joint workshop on AP23: implementation of the Action plan for Chapter 23 and effective reporting

  16. WorkshopsforstakeholdersorganizedbyRAFUMOJ(4/4) • Workshop 2 • Participants: • All AP23 stakeholders from the field of finances, including relevant institutions in the field of Judiciary, Anticorruption and Fundamental Rights • Key topics discussed: • Technical instructions • Methods for provision of quantitative elements • Descriptive elements & financial sources • Methods to complete PFE forms • Interactive communication re problems in PFE forms • Joint workshop on AP23: estimation of the financial effects for the AP for Chapter 23 and effective reporting

  17. CommunicationActivitiesforMOJ,stakeholdersandtargetpublicorganizedbyRAFUMOJ(1/2)CommunicationActivitiesforMOJ,stakeholdersandtargetpublicorganizedbyRAFUMOJ(1/2) • 11public debatesrelated tothe new draftlaws • 4 media trainings for spokespersons of courts and public prosecutor’s office in Serbia and representatives of Serbian Media; media training for states secretaries and minister assistants of the MOJ

  18. CommunicationActivitiesforMOJ,stakeholdersandtargetpublicorganizedbyRAFUMOJ(2/2)CommunicationActivitiesforMOJ,stakeholdersandtargetpublicorganizedbyRAFUMOJ(2/2) • 3 promo-campaign related to the new-adopted laws and activities of the MOJ (Law on Protection of Whistleblowers - "Now the Whistle-blowers are Stronger" Campaign, Enforcement System in Serbia- "The answer is Responsibility" Campaign, the new Civil Code Draft) • Documentary film – "Gram, kilogram, ton", about drugs trafficking in Serbia, and related to the negotiations on Chapter 23, which will be broadcasted on national public broadcaster in Serbia – RTS during 2016

  19. Plannedworkshopsin2016 • Focus of workshops: • Need for mutual communication among the contact points in various institutions • Timely reporting • Strengthening management to avoid overlaps and/or gaps in shared activities • Strengthening of knowledge of the media representatives related to the new draft laws and EU negotiations process • Topics: • Workshop for coordinating implementation of different strategic documents in the field of fundamental rights/judiciary/anticorruption and AP23 • Workshop for estimation of financial effects – new challenges • Workshop in cooperation with Office for Human and Minority Rights on establishment of monitoringsystem for AP Exercise of the Rights of National Minorities • Training of staff at Office for Human and Minority Rights on effective reporting • Workshop for media representatives - What are the benefits of EU negotiations process for Serbia and its citizens? Where we want to be at the end of that process?

  20. AccesstoJusticeactivities(1/2) • Draft FLA Law prepared • Positive opinions from the relevant ministries obtained, including Ministry of Finance • Budget developed based on Fiscal Impact Analysis performed by WB • Other Access to Justice activities: • analysis of the acquis for CPC amendments - introduction of stronger procedural safeguards, access to lawyer, letter of rights • analysis of the court fee waiver system in progress • comparative analysis on implementation of fee waivers in court proceedings normative framework/current practice analysis related to fee waivers

  21. AccesstoJusticefutureactivities(2/2) • Implementation of Law on FLA to start in early 2017 • Setting up implementation framework (MoJ, with MDTF support): • Training on Law on FLA envisaged by law • Campaign across the country, targeting most vulnerable groups • Combination of the effects of FLA & Fee waivers – impact on citizens with most vulnerable socio-economic status • Criminal proceedings : • comprehensive analysis on inclusion of stronger procedural safeguards, access to lawyer, victim support started in 2015 – currently in progress • in 2016, amendments to the CPC • alignment with new proposals for Directives(provisional legal aid upon arrest)

  22. FUTUREMOJACTIVITIES • to draft Prosecutorial Strategy for investigation and processing war crimes • to conduct analyses of compliance on Criminal Procedure Code with ACQUIS regarding procedural guaranties • to harmonize Criminal Procedure Code in accordance with analyses • to prepare amendments to the Civil Procedure Code • to finalize the work on amendments of Criminal Code • to update AP for NJRS and AP for Anti corruption strategy

  23. Thank you!

  24. SCCRAFU Monitoring and Evaluation Specialist (completed in August 2015 and contracted in January 2016) Reform and Accession Facilitation Unit Senior ICT Advisor Court Automation and Caseload Statistics Specialist (completed in December 2015 to be renewed) Senior Legal Advisor Court Jurisprudence Specialist (completed in December 2015 to be renewed)

  25. SupportbySCCRAFU(1/5) • Capacity building: •  Organized and conducted 3 workshops on jurisprudence harmonization with judicial assistants and advisors from state level courts’, appellate and higher courts’ case-law departments • Trained SCC's staff on conducting statistical analysis and defining courts' backlog reduction/efficiency measures, thus improving judiciary capacities to effectively manage court system in accordance with the requirements of Action Plan for Chapter 23 • Organized and conducted a training for SCC advisors and staff on the advanced use of SAPS for case management and document management purposes •  Organized and conducted workshops on efficient use of AVP and enhanced service-of-process tools

  26. SupportbySCCRAFU(2/5) • Capacity building through internatonal exchange: • Supported study visit to German institutions focused on rules and practice of case-law harmonization • Supported the organization of the regional conference on “Case-law Harmonization, Challeges and Possible Solutions”, attended by judges from Slovenia, Macedonia, Montenegro and Serbia • Supported the organization of the study visit to Slovenian institutions on case-weighting approaches

  27. SupportbySCCRAFU(3/5) • Capacity building through liaisoning with other institutions within the Sector • Organized and conducted the first joint conference of enforcement agents and judges in courts’ eforcement departments (basic and commercial courts) •  MOU between the Supreme Court of Cassation and Judicial Academy focuses on the exchange of case-law database content (harmonization with the ECHR jurisprudence)

  28. SupportbySCCRAFU(4/5) Analyses Conducted: Of current case-law harmonization process and its results Of courts’ individual backlog reduction programs and their implementation progress Detailed IT assessment of the SCC with strategic recommendations how to strengthen internal capacities Cost estimation and principal hardware architecture of the improved case-law database for the SCC and appellate courts

  29. SupportbySCCRAFU(5/5) Recommendations Provided: Amendments to the Book of Court Rules which introduce formal proceedings for case-law harmonization (pending adoption) Amendments to the Book of Court Rules which facilitate implementation of the Unified Backlog Reduction Plan (pending adoption) Guidelines for expansion of the SCC case-law database  Identified list of new and improved statistical indicators and guidelines on future statistical reporting for backlog reduction purposes Draft functional requirements for the unified appellate court websites

  30. Future SCC Activities Capacity building of justices and staff in management, ECHR, ICT, communication and legal English Support to meeting and workshops related to implementation of the Unified BLR Program and case – law harmonization Study visit to Dutch Council for Judiciary and Dutch Courts with focus on backlog prevention and access to court decisions Attendance to IACA Regional Conference in May 2016

  31. Thank you!

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