June 29th, 2016 § § permalink
HELP has launched the Second EU/CoE ‘HELP in the 28’ online course on “Right to the Integrity of the Person (Bioethics) (RIOP)”.
The course is composed of two large modules: the first one presents the RIOP covering the right to private life and the prohibition of torture; and the second module covers the RIOP in the specific fields of medicine and biology. It shows the synergies and differences between the Charter of Fundamental Rights of the EU, the European Convention on Human Rights and the Convention on Human Rights and Biomedicine (Oviedo Convention). Furthermore, it reviews the case law of the European Court of Human Rights and the Court of Justice of the European Union.
To access the course, it is necessary to open an account at HELP (if you have not yet done so) (click here). You can then access the course here.
The first free HELP online course on “Fight against racism, xenophobia, homophobia and transphobia” can be accessed here.
June 28th, 2016 § § permalink
Source: Council of Europe, HELP
This year’s HELP Network conference took place on 16-17 June 2016 and was entitled ‘HELP, leading the way to case-law harmonisation’.
Topics of discussion – The conference discussed various topics, “going from the methodological approach and impact assessment tools of human rights education for legal professionals, to the contribution of training to case law harmonisation, and included an exchange of good practices on the implementation of the Brighton and Brussels Declarations, ensuing Rec(2004)4 of the Committee of Ministers of the Council of Europe.”
Launch of the HELP Guidebook on Human Rights training methodology for legal professionals – The HELP Guidebook is “designed to assist those with a responsibility for delivering training to legal professionals in the field of human rights using the HELP methodology and resources. It discusses the considerations that should be taken into account when developing a programme of training centred upon human rights and upon European human rights standards in particular.”
HELP consultative board – The conference elected the members of the HELP consultative board: Petros Alikakos, Sandra Budimir, Jasmina Krstenic, Simon O’Toole, Dagmara Rajska, Musa Toprak. Their role is to support the HELP Secretariat by providing regular advisory support.
More information on the conference can be downloaded here.
June 27th, 2016 § § permalink
The 2016 call for Action grants to support European Judicial Training was launched by the European Commision last week.
Description of the call – The aim of this call is to contribute to the effective and coherent application of EU law in the areas of civil law, criminal law and fundamental rights, by covering training needs’ gaps in these fields. The proposed training activities can also include the following topics: development of linguistic skills of legal practitioners; knowledge of the legal systems of the Member States; the use of the search tool of the European Case Law Identifier (ECLI) to identify foreign judicial decisions, notably in the context of the “acte clair” doctrine of the Court of Justice of the EU (CJEU).
The deadline for applying for an Action grant is 16 November 2016 17:00:00.
June 23rd, 2016 § § permalink
Workshop on Lawyers’ Specialisation organised by the Regional Chamber of Legal Advisers in Katowice at Katowice Law Faculty ul. Bankowa 11b, 40-007 Katowice for 15th April 2016
||Invitation and welcome by Ryszard Ostrowski Dean of Regional Chamber of Legal Advisers in Katowice
||Introductory remarks by Jędrzej Klatka Head of Polish Delegation in CCBE, Chair of CCBE Working Group Towards Model Code of Conduct
||Specialisation in Germany by adw. Sabine Gries-Redeker from Bonn
||Specialisation in France by adw. Christian Leroy from Lyon
||Specialisation in the United Kingdom by prof. Julian Lonbay from Birmingham
||Specialisation in Spain by adw. Aitzol Asla from Bilbao
||Associations of specialist lawyers in the Netherlands by adw. Dianne Kroezen chairwoman of the Dutch Family Lawyers and Divorce Mediators Association
||Pros and cons of introducing Lawyers’ Specialisation
(Do General Practitioners have reason to be afraid of specialisation?)
Panel discussion moderated by legal adviser Piotr Bober – former Dean of Regional Chamber of Legal Advisers in Katowice with the participation of: Sabine Gries-Redeker, Christian Leroy, Julian Lonbay, Aitzol Asla, adw. Dianne Kroezen, Ewa Stompor-Nowicka (Vice-President of Polish Bar of Legal Advisers), legal adviser Bazyli Zacharczuk (Chair of the Ethics Commission of the National Council of Legal Advisers), adw. Jacek Giezek (Chair of the Ethics Commission of the Polish Bar Council), adw. Marek Niedużak (Warsaw)
||How to do it ? (How to introduce specialisation scheme step by step ?)
Panel discussion moderated Jędrzej Klatka by with the participation as above
||Closing remarks by legal adviser Jędrzej Klatka
June 23rd, 2016 § § permalink
Polish legal advisers (radca prawny) are considering introducing a formal regime to recognise legal specialisations. In April 2016 the Regional Chamber of Legal Advisers in Katowice organised an international conference to review the position in Germany, France, the Netherlands, Spain and the UK. The presentations from
the conference can be viewed here and from the links below. The conference discussed the pros and cons of specialisation regimes, and modes for its possible introduction.
The Netherlands (Word)
The UK (pdf)
June 17th, 2016 § § permalink
On 16 June 2016, the European Commission published an inception impact assessment paper on the ‘Regulation of professions: proportionality test’, noting that:
◊ excessive regulatory barriers to professional entry have negative consequences for job creation, productivity, mobility and the consumer;
◊ the ‘mutual evaluation exercise of regulated professions’ – introduced by the Professional Qualifications Directive – evidences broad variations in appreciation of what is proportionate and necessary in the proper pursuit of public interests;
◊ a legally binding instrument represents a comprehensive legislative solution at EU level setting up an EU-wide methodology for assessing the necessity and proportionality of national regulations in the professions. The methodology to be used by Member States when assessing national regulations could cover the following aspects:
- Identification of the overriding reasons relating to the general interest which justify the measure;
- Identification and assessment of the nature of the risks to consumers, to professionals or third parties, including in particular whether and why the existing rules (such as consumer protection law) are inadequate to protect the public interest;
- Assessment of the necessity of requiring possession of specialised skills and training and assess specifically the level, the nature and the duration of the training required as well as the existence of different routes to obtain the qualification;
- Analysis of the scope of practice and the reserves of activities and assessment of the effects on the public interest objectives pursued;
- Estimating the economic impact of the proposed regulation including a consideration of market impacts on such variables as e.g. wages, employment, competition and demand;
- Analysis of the alternatives to regulation or less restrictive regulation (such as protected title, voluntary certification schemes,etc.);
- Assessment of the cumulative effect of restrictions to both access to and exercise of the professional activities.
The European Commission also issued a Roadmap on the ‘Guidance on reforms needs for Member States in regulation of professions’.
June 16th, 2016 § § permalink
The European Court of Human Rights and the Council of Europe’s HELP programme (Human rights Education for Legal Professionals) have released two new training videos in the pilot series COURTalks-disCOURs. The 25-minute videos, based on educational talks from lawyers at the Court, are geared to providing judges, lawyers and other legal professionals, as well as representatives of civil society, with an overview of the Court’s case-law in matters related to asylum and terrorism. (Source: HELP)
The videos can be downloaded from the HELP website.
June 7th, 2016 § § permalink
Last week, the European Commission launched a public Consultation on the regulation of professions: proportionality and Member States’ National Action Plans.
The ‘National Action Plans’ section of the Consultation raises, inter alia, questions about training requirements: do professional qualifications or continuous professional development requirements create disproportionate barriers to the access and exercise of a profession? In the ‘Proportionality in Regulation’ section of the Consultation, the Commission is consulting on a possible common EU-wide methodology for assessing the necessity and proportionality of national regulations in the professions. Regulators are asked, for instance, to indicate grounds of justification for regulating a profession as well as the criteria used (such as the need to have specialised skills and training to practice the profession).
The CCBE will determine in the coming weeks to what extent it can provide input to the Consultation.
The deadline for the consultation is 19 August 2016.
June 3rd, 2016 § § permalink
HELP launched the first free ‘HELP in the 28’ online course on “Fight against racism, xenophobia, homophobia and transphobia”.
The course has been created by legal professionals and Council of Europe experts and includes the latest European jurisprudence of both the European Court of Human Rights and the Court of Justice of the European Union. It has two substantive modules, one on racism and xenophobia, and the other one on homophobia and transphobia. A link to a specific module on Roma, the largest minority in the EU is also provided. The course is self-paced with a maximum duration of 3 hours of real learning per 2 weeks over 3 months.