English_for_Lawyers_2011

Unit 5. European Judiciary. Section 1. European Judicial Systems

Unit 5. European Judiciary

Section 1. European Judicial Systems

І. WARMING-UP

1.Complete the following sentences:

1.Judicial system is a system which …

2.A court is …

3.Courts deal with …

4.The main person in court is a …

2.Add some words or phrases to each group:

1.People: a judge …

2.Things and documents: evidence …

3.Actions: to judge …

3.Match the following English words and expressions with their Ukrainian equivalents:

4. Read the text and find

a)names of courts

b)names of international organizations

c)all abbreviations.

TEXT 1

Notes: a renewable term – строк, що може бути поновленим

European Judicial System

European Judicial System includes the following courts: European Court of Human Rights (ECHR); European Court of Justice (ECJ) or Court

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of Justice of the European Communities; Court of First Instance (CFI); Civil Service Tribunal; European Court of Auditors and Court of the European Free Trade Association (EFTA Court).

The Court of Justice of the European Communities sits in Luxembourg. It consists of 27 judges and 8 Advocates-General (AG) appointed for a renewable six-year term by agreement between the Member States, which select them “from persons whose independence is beyond doubt”. The decisions of the court are binding and there is no appeal against them. Advocates-General give opinions, which are not binding on ECJ, in cases where the ECJ considers that a case raises new points of law. There is no specialization of AGs by subject matter and only one AG is appointed per case.

The ECJ interprets the treaties establishing the European Community, decides upon the validity and the meaning of Community legislation, and determines whether any act or omission by the European Commission, the Council of the European Union, or any member state constitutes a breach of Community law. Its functions are constitutional, civil, administrative and arbitration.

The Court of First Instance (CFI) consisting of 27 judges only was set up in 1989. It has jurisdiction, subject to further appeal to the Court of Justice on points of law, to deal with disputes between the Commission and individuals or businesses as well administrative disputes within the institutions between the Community and its staff.

The Court of Auditors has 27 members appointed for a six-year term by agreement between the Member States after consultation with the European Parliament. It checks that revenue is received and money is spent “in a lawful and regular manner” and that the Community's financial affairs are properly managed.

Civil Service Tribunal established in 2004 has jurisdiction limited to staff cases. The parties may appeal to CFI within 2 months after the decision of the Tribunal is rendered.

European Court of Human Rights (Strasbourg Court) was established in 1959 to deal with disputes arising out of infringements of the European Convention on Human Rights (1953). The Court may hear complaints (known as petitions) by one state against another. It may also hear complaints by an individual, group or nongovernmental organization only if the applicant has first tried remedies in the national courts. The Court has power to make a final ruling, which is binding on the parties, and in

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some cases to award compensation. Every member state of the Convention has a judge with 6 year mandate appointed by the Assembly of the Council of Europe, but they don’t represent their state. Judges are divided into four sections, and they sit in chambers of 7 and committees of 3.

There are also courts with international jurisdiction: International Court of Justice (ICJ, the Hague court); International Labour Organization (ILO); World Trade Organization (WTO); International Criminal Court (ICC).

Important and complex relationships exist between the European and national courts of Member States. There is no hierarchy and direct jurisdictional link between the European Courts and national courts of member states: none of the European Courts (except to some extent the CFI) is available for direct litigation to private parties and none of them has an appellate role for national courts.

II.COMPREHENSION

1.Answer the following questions using the information from the text:

1.What is the difference between a decision and an opinion of the ECJ?

2.What is the jurisdiction of the CFI?

3.What does it mean “to manage properly” financial affairs?

4.What types of cases are heard in the ECHR?

5.Why are relations between the European and national courts complex?

2.Complete the following sentences using information from the text:

1.27 judges and 8 Advocates-General …

2.… checks the financial affairs of the EU.

3.Staff cases are decided …

4.The judges of the ECHR …

5.The decisions of the … are binding.

6.Courts with international jurisdiction …

3.Find in the text synonyms to the following words and make up your own sentences:

Violation, obligatory, legality, legal.

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III.VOCABULARY STUDY

1.Match the terms with their definitions and make up your own sentences with these words:

2. Complete the sentences with the words given below:

(validity, opinion, infringement, mandate, petition, case, remedies, Advocates-General, judges)

1.… are characterized by their independence and impartiality. Following the hearing of the … they deliver in open court an … that is not binding on the … but which reflects the views of someone with the same standing as a judge.

2.The union leaders had a … from their members to call a strike.

3.They wanted me to sign their … .

4.Courts have different types of … at their disposal.

5.The … of this document is in question.

6.Cases on the … of human rights are heard in the ECHR.

3. Make up sentences with the following words and phrases:

To interpret, binding, to be subject to, to manage, to try remedies, direct litigation, petition.

4. Fill in the table with the words and phrases from the text.

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5. Translate the following into Ukrainian.

The European Court of Justice consists of 27 judges appointed by the member states by mutual agreement and assisted by 8 Advocates-General. Proceedings before the Court involve written and oral submission by the parties concerned. Proceedings against the Commission or the Council may be brought by the other of these two bodies, by any member state, or by individual persons; proceedings to challenge the validity of legislative or other action by either Commission or Council are known as proceedings for annulment. Proceedings against a member state may be brought by the Commission, the Council, or any other member state. Appeals from the Court of First Instance go to the ECJ. The decisions of the Court are binding and there is no appeal against them.

The Court also has power, at the request of a court of any member state, to give a preliminary ruling on any point of Community law on which that court requires clarification.

IV. GRAMMAR FOCUS

1.Group the following words from the text according to the part of speech (nouns and adjectives):

Judicial, agreement, renewable, administrative, consultation, important, applicant.

a)Underline suffixes and form other parts of speech if possible and translate them.

b)Find other nouns and adjectives in the text and to form verbs if possible.

V. SPEAKING

1.Choose a court to speak about. Use additional information if possible.

2.Workinpairs.MakeupadialogueabouttheEuropeanJudicialSystem.

3.Using the table from exercise 4 in Vocabulary Study speak about the European Judicial System.

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Unit 5. European Judiciary

Section 2. European Commission

for the Efficiency

of Justice (CEPES)

I. LEAD-IN

1. Think about the subject of this section and get ready to discuss the following questions:

−To your mind can the efficiency of judicial system be evaluated?

−What main features is the efficiency of justice characterized by?

−Are there any institutions working to improve the efficiency of the justice system in the European Union? What are they?

−What can be among objectives of such body?

−Do you know anything about the European Day of Civil Justice?

−Do you know what organ controls operation of judiciary in Ukraine?

−To your mind does Ukrainian judicial system need some improvement?

Read the text paying attention to facts and information which to your mind are the most important and divide the text into some logical parts

TEXT 2

Notes:

1The European Commission for the Efficiency of Justice – Європейська комісія

з питань ефективності правосуддя

2the Committee of Ministers – Комітет Міністрів

3Ministers’ Deputies of the Council of Europe – представники міністрів у Раді Європи

4for the Council of Europe – від імені Ради Європи

5 “Crystal Scales of Justice” – “Кришталеві Терези Правосуддя”

THE EUROPEAN COMMISSION FOR THE EFFICIENCY

OF JUSTICE

The European Commission for the Efficiency of Justice1 (CEPEJ) was established on 18 September 2002 with Resolution of the Committee

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of Ministers2 of the Council of Europe. CEPEJ is a judicial body, composed of experts from all the 47 member States of the Council of Europe and assisted by a Secretariat. Functioning of the Commission is governed by its Statute.

The aim of the CEPEJ is to prepare tools for the improvement of the efficiency and functioning of justice in Europe. Among its objectives is also the development of the implementation of the instruments adopted by the Council of Europe to this end. Thus CEPEJ, as a body of the Council of Europe, works to improve the efficiency of the justice system in Member States. Its tasks are the following:

−to analyze the results of the judicial systems;

−to identify the difficulties they meet;

−to define concrete ways to improve, on the one hand, the evaluation of their results, and, on the other hand, the functioning of these systems;

−to provide assistance to member States, at their request;

−to propose to the competent instances of the Council of Europe the fields where it would be desirable to elaborate a new legal instrument.

In order to carry out these different tasks, the CEPEJ prepares benchmarks, collects and analyses data, defines instruments of measure and means of evaluation, adopts documents (reports, advices, guidelines, action plans, etc.); it also develops contacts with qualified personalities, non-governmental organizations, research institutes and information centres, organizes hearings, promotes networks of legal professionals.

On 5 June 2003 the Ministers’ Deputies of the Council of Europe3 decided to launch, jointly with the European Commission, a European Day of Civil Justice which will be held on 25 October every year. The Committee of Ministers instructed, for the Council of Europe4, the European Commission for the Efficiency of Justice (CEPEJ) to coordinate the activities organized in that framework.

The European Day of Civil Justice aims to bring civil justice closer to the citizens. Governments, national jurisdictions and all participants in the judiciary are invited to participate in that Day and organize events in order to allow European citizens to understand better how justice works and the means used for enforcing their rights.

In the framework of the European Day of Civil Justice, a European prize for innovative practice in civil justice organization and procedure, called “Crystal Scales of Justice”5 will be awarded. This prize is given every two years.

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The CEPEJ also grants observer status to and consultations with nongovernmental organizations outside of Europe. As an observer to the CEPEJ, one joins key legal reform actors, including the World Bank, the Council of Bars and Law Societies of Europe, and the European Association of Judges.

The creation of the CEPEJ demonstrates the will of the Council of Europe to promote the Rule of Law and Fundamental Rights in Europe, on the basis of the European Convention on Human Rights, and especially its Articles 5 (Right to liberty and security), 6 (Right to a fair trial), 13 (Right to an effective remedy), 14 (Prohibition of discrimination). The Council of Europe has initiated a reflexion on efficiency of justice and adopted Recommendations which contain ways to ensure both its fairness and efficiency.

The establishment of CEPEJ, which is ensured by the Directorate General of Legal Affairs (DG I), shows the intention of the Council of Europe not only to elaborate international legal instruments but also to promote a precise knowledge of the judicial systems in Europe and of the different existing tools which enables it to identify any difficulties and facilitate their solution. The CEPEJ will have, among other duties, the task of continuing the on-going reflexion about the potential offered by new information technologies (IT) to improve the efficiency of justice.

II.DEVELOPMENT

1.Compose a plan of the text and make notes to each paragraph.

2.React to the following statements: agree or disagree. Support your answers by information or facts from the text.

1.The European Commission for the Efficiency of Justice is composed from all the member States of the European Union.

2.Functioning of the Commission is regulated by the EU legislation.

3.The main aim of the CEPEJ is to facilitate the improvement of the efficiency and functioning of justice in Europe.

4.The Commission cooperates with non-governmental organizations in Europe.

5.The Council of Europe wants to promote the Rule of Law in Europe.

6.The CEPEJ uses new information technologies to control the efficiency of justice.

3.Tell the group what information you have learnt from the text about:

1) the establishment of the Commission;

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2)the composition of CEPEJ;

3)the aims of the European Commission for the Efficiency of Justice;

4)its tasks;

5)activity the Commission performs to carry out its tasks;

6)cooperation with countries outside of Europe;

4.Complete the following sentences according to the information

from the text:

1.The European Commission for the Efficiency of Justice was established by ….

2.The main objectives of the Commission are ….

3.Among its tasks are: to analyze …, to identify …, to define …, to provide … and to propose … .

4.To carry out these tasks the CEPEJ ….

5.The Commission … with non-governmental organizations outside the Europe.

6.The creation of the CEPEJ demonstrates …

7.The Council of Europe adopted Recommendations which ….

5.Explain the following terms and expressions in your own words:

1.judicial body

2.improvement

3.expert

4.efficiency

5.implementation

6.rule of law

6. To summarize the text, complete the sentences:

1.The European Commission for the Efficiency of Justice is … .

1.It includes ….

2.The Commission operates … .

3.It is called upon to ….

III. PRACTICE AND EXPERIENCE

1.Look for additional information as to celebrations of the European Day of Civil Justice and tell the group about one of the

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winners of the European Prize “Crystal Scales of Justice” and about the innovative practice in civil justice organization and procedure they were awarded for.

IV. WRITING

1.Think about any problem in the sphere of civil trial procedure of Ukraine you are especially interested to improve. Compose a plan and make notes to each item of your plan. Using the plan and notes write a brief report displaying possible innovations or changes in civil procedure of Ukraine which could be nominated and possibly awarded by the prize “Crystal Scales of Justice”.

Note: when you explain the strategy of the improvements and enumerate the different stages, you may use particular phrases to structure the information you are presenting for better comprehension. For example:

First …, then …, next …, after that …, finally … .

The next thing/step is to …, once that’s been done …, before that happens you/we …, the last step will be to…/(…ing) … .

V. OVER TO YOU

To continue studying this subject:

1.Find information about the European Commission for the Efficiency of Justice and prepare a short report on its activity as to the improvement of the efficiency of justice especially in relation to Ukrainian judicial system.

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