Judicial Education and International Courts

Although conventional wisdom suggests that the best way to ensure judicial competence is through appropriate selection processes, recent research suggests that no selection method can ensure the long-term fitness of the judiciary. Instead, judicial education programs are necessary to provide judges with the multiple skills that constitute ‘judgecraft’. Unfortunately, judicial education at the international level is both rare and relatively unsophisticated, as compared to many domestic forms of judicial education. This chapter is the first to analyse judicial education of international judges. The discussion considers the various practical and theoretical problems associated with international judicial education and offers a number of suggestions regarding further academic inquiries and reform initiatives. In particular, the text considers whether self-regulation in this particular field is appropriate and whether any alternatives exist. In so doing, this chapter seeks to increase the real and perceived legitimacy of international adjudication.

Hague convention on the civil aspects of international child abduction: content and methodological approaches to the application in judicial education

The article is focused on the most essential issues of the application of the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (“the Hague Convention”) in the judgements of Ukrainian courts and some methodological aspects of workshop development on the topic. The Hague Convention recently has been applied more often as an important international act. Moreover, there are at least 3 judgements of the European Court of Human Rights v. Ukraine on the matter (Chabrowski v. Ukraine, no. 61680/10, 17 January 2013; Vilenchik v. Ukraine, no. 21267/14, 3 October 2017, M.R. and D.R. v. Ukraine, no. 63551/13, 22 May 2018). The Court reiterates that in the area of international child abduction, the obligations that Article 8 of the ECHR imposes on the Contracting State must be interpreted, in particular, in the light of the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980 which also attaches paramount importance to the best interests of the child. Therefore such a topic was selected for a workshop to be developed and implemented in the educational process of the National School of Judges of Ukraine (NSJU). According to the Concept of National Standards of Judicial Training, which was approved by the Science and Methodology Council of the NSJU, and later became a part of the Rules of Procedure of the NSJU, all training courses for judges and candidates are developed taking into consideration three dimensions – so-called 3D (dimension) – which encompass knowledge, skills, and values. Therefore the workshop on the Hague Convention is designed using all 3D, and is aimed to consolidate knowledge and to develop judicial skills in application of the Hague Convention, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and ECtHR case law as well as to contribute to strengthening of the values of respect for human rights, rule of law, and enforcement of Ukraine’s international obligations. In order to achieve these goals, there certain tools and techniques that are effective in basic courses on the ECtHR case-law were used. In particular, the use of interactive adult learning methods – mini lectures, filling the analytical framework, video review, express survey etc. The development of the workshops took place jointly with a scientific research in this field, specifically focused of the new Supreme Court jurisprudence, the best practices and lessons learned. The results of the research has been used for the workshop development with the help of the modern innovative tools. Key words: Hague Convention of 25 October 1980 (Convention of Abduction), international child abduction, place of ordinary residence, Article 8 of the ECHR, practice of the ECHR, judicial education, methodological support, workshop.

Improving of judicial education through the institutional development of the National School of Judges of Ukraine

The article reveals the peculiarities of establishment and institutional development of National school of judges of Ukraine (NSJU) as an institution with a special status in the judicial system. The paper discusses main methodological principles for initial and periodical training of judges, as well as special training of candidates for the position of judge, which are defined in the Concept of National Standards for Judicial Education, approved by NSJU as a special document. According to the values which are declared in the document the main scope of judicial education is not only giving knowledge but also special skills development. It is the reason for implementing of interactive approaches to the learning process. The institution aims to integrate digital innovations into judicial education. It is the digitization of judicial education that will allow NSJU to move to the identification of individual educational needs of the judge and the formation of personalized training programs. Distance learning as a form of periodic training of judges plays a significant role in the development of judicial education. This form of training makes educational process flexible and dynamic, creates an opportunity for each listener, regardless of the level of court and judicial specialization, to work on the recommended personal schedule of the course. The article also deals with the specialties of initial training of candidates for the position of judge which is conducted in accordance with European standards for the organization of judicial educational events. In addition to law courses, the focus of initial training is also on issues of judicial ethics and integrity, anti-corruption legislation, psychological adaptation to judicial activity, judicial discipline, litigation management and alternative dispute resolution, international and European law. Interactive trainings and internships for candidates for the position of judge are aimed to expand and deepen legal knowledge, as well as to develop judicial skills and understanding the social context of justice. It is declared in the article that NSJU has introduced the Judicial Education Assessment Methodology, which has become a criterion for the effectiveness of the School's activity as a judicial education institution and is an important element of improving of all components of the educational process. Key words:National School of Judges of Ukraine, judicial education, methods of judicial education, training of judges, special training of candidates for the position of judge. References Strategy for the Reform of the Judiciary, Judiciary and Related Legal Institutions for 2015-2020: Approved by Presidential Decree of May 20, 2015 No. 276/2015. URL: http://zakon.rada.gov.ua/laws/show/276/2015 [Ukr.]. On the Judiciary and the Status of the Court: Law of Ukraine in Ed. from 02.06.2016. URL: https://zakon.rada.gov.ua/laws/show/1402-19/ed20160602 [Ukr.]. The concept of national standard judicial educational institutions: Annex 5 to the NSAU Regulations, required order dated 24.06.2016 No. 34. URL: http://www.nsj.gov.ua/en/about/symbols/ [Ukr.]. NSJU Development Strategy for 2016-2020. URL: http://www.nsj.gov.ua/files/14676144821452070855%D0%A1%D1%82%D1%80%D0%B0%D1%82%D0%B5%D0%B3%D1% 96% D1% 8F_% D1% 80% D0% BE% Opinion No 4 (2003) Advisory Councils of the Council of the European Courts, with respect, Committee on the Activity and the Ministry of Justice at the national and European levels, dedicated to November 27, 2003. URL: https://court.gov.ua/inshe/mss/ [Ukr.].

Exploring the Overlap Between Procedural-Justice Principles and Emotion Regulation in the Courtroom

Extensive research shows that adherence to procedural-justice principles by law-enforcement officers and judges leads to greater compliance with orders, a greater sense of the legitimacy, and greater overall satisfaction. The main principles leading to positive views of procedural justice in this research are voice (allowing participants to be heard), neutrality (applying neutral rules transparently), respect (treating participants with dignity while respecting their rights), and trustworthiness (appearing sincere and caring). Separate research on emotion regulation suggests ways in which judges may successfully regulate their own emotions and those of other courtroom participants. Several threads in these separate fields suggest potential overlap and areas for further research. There are many ways in which good procedural-justice practices are also recommended practices for emotion regulation. Scholars in the emerging emotion-regulation field could gain greater awareness of their work by exploring ties to procedural justice, which is more often being included in judicial education. Extensas investigaciones han demostrado que la alineación de jueces y de oficiales encargados de aplicar la ley con los principios de justicia procesal conduce a un mejor cumplimiento de las órdenes, un mayor sentido de legitimidad y mayor satisfacción general. Los principios más importantes que llevan a una visión positiva de la justicia procesal, en esta investigación, son la voz, la neutralidad, el respeto y la confianza (ser sincero y atento). Distintas investigaciones sobre la regulación de las emociones indican formas en que los jueces pueden regular adecuadamente sus emociones y las de los participantes en la sala. Hay muchas formas en las que buenas prácticas de justicia procesal son también prácticas recomendadas para regular emociones. Los académicos del área naciente de la regulación de emociones podrían adquirir una mayor conciencia de su trabajo al explorar la relación con la justicia procesal, que ahora se incluye cada vez más en la formación judicial.

Judicial perspectives on emotion, emotion management, and judicial excellence in the USA

In the USA, state court judges receive little to no specialized judicial training prior to assuming the duties of office. To support quality judicial performance, states must make strategic use of limited resources. Formal state systems of judicial education have emerged over the past half-century as one solution to this challenge, providing sitting judges in most jurisdictions with some level of educational support. Despite these advancements, some scholars and practitioners have criticized judicial education to date, calling for a new wave of reforms. One recent study explored judicial perceptions of the types of knowledge, skills, abilities, and other characteristics important to judicial work in the state courts. Participating judges acknowledged emotion and interpersonal skills as critical components of judicial excellence (Elek et al. 2017). This paper will examine some of the guidance provided by state court judges in this area and consider opportunities for improvement to better meet judicial needs. En EEUU, los jueces de las cortes estatales suelen recibir poca o nula formación especializada antes de asumir sus deberes. Durante el pasado medio siglo, han emergido sistemas formales estatales de educación judicial como solución a aquel problema, y se ha proporcionado cierto nivel de formación a los jueces titulares de la mayoría de las jurisdicciones. A pesar de esos avances, algunos expertos han criticado la formación judicial hasta la fecha, y han reclamado una nueva ola de reformas. Un estudio reciente ha analizado las percepciones de los jueces sobre tipos de conocimiento, aptitudes, habilidades y otras características importantes para el trabajo judicial en las cortes estatales. Los jueces reconocieron la emoción y las aptitudes interpersonales como componentes críticos de la excelencia judicial (Elek et al. 2017). Este artículo examinará algunas directrices dadas por los jueces estatales, y tomará en consideración oportunidades para satisfacer mejor las necesidades judiciales.

Judicial Education Development Issues and Prospects in the Republic of Kazakhstan in the Light of the OECD Countries’ Experience

The relevance of the topic is determined by the needs of modern Kazakhstani society in an independent judiciary and highly professional judges, capable of being a genuine guarantor of human and citizen rights and freedoms. Based on the study of the OECD countries’ experience, it is argued that it is the judicial education that plays a key role in the formation of an independent, highly professional judiciary. The current state of judicial education in the Republic of Kazakhstan and its development issues are considered. Prospective directions of its development are justified based on the OECD countries’ experience. A number of measures for improving judicial education is argued to be undertaken: the need for compulsory special training of candidates for the position of a judge, the development of teaching staff through the involvement of the best sitting judges in the training process, and the need to remove judicial education from the executive authorities. The role of new technologies in the development of judicial education is particularly mentioned.