1.4 Judicial Policy, Governance and Competences of the Judiciary, and Quality of Justice”, 21-23 October 2014.

Tuesday, October 21, 2014 to Thursday, October 23, 2014

The project phases developed so far have shown that one of the institutional factors that are not clearly resolved in the region is the division of governance powers -constitutional and legal - of the Judiciary and the Administration of justice between the various institutional actors and powers. Undoubtedly this is due to its complexity and examples of this can also be found in the EU MS. This is a very topical issue due to recent changes, including constitutional ones that occurred in the region, directly or indirectly produced by the Arab Springs. Moreover, the problems resulting from this confrontation decisively affect the development and improvement of governance and quality in the field of justice, not only at the internal operational level but also in international cooperation with the Justice sector in these countries, especially in the framework of bilateral cooperation between the EU and the ENPI SPC. This will be an opportunity to exchange experiences in this field at regional level.

A proper identification in the short and medium term of the players and their respective roles and capacities, the models of interaction between Councils for the Judiciary, Ministries of Justice and Judicial Independence, will necessarily have an impact on improving further development. We should focus on this key point and analyse the various models in place in the ENPI South Partner countries and compare them with models and evolution occurred in the EU MS, while approximating them to "standard" trends in these fields and identifying the thorniest issues and the best regional examples at horizontal level. This way, participants will be able to compare the pros and cons of each model in relation to the regional context, while the EU and the beneficiary countries could better identify specific needs and opportunities – both current and future - for legislative technical assistance in the framework of mutual cooperation in this field.

This activity aims to provide an analysis about the construction of the legislative agendas of the EU and the EU MS and their legislative strategies and action programmes within the remit of EU competences and of the EU MS Ministries of Justice in relation to the contents of judicial policies and administration of justice.

This should make it possible to carry out a comparative overview of the ENPI South Partner countries’ comprehensive legislation, their similarity, their shortages, their convergence or divergence from the European "standard" and the standard in place in other countries of the region.

 

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