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Joint Programmes - Logframes and Activities

(Joint Programmes)
HF-I.3-HR   Ensuring Justice: Human Rights, including ECHR Case law

Narrative (Work Plan)
24/05/2016 - 23/05/2019
JP Active  
Coordinating DG:
Office of the Director General of Programmes
Documents/Links:
    Intervention Logic Performance Indicators Sources of Verification Assumptions
    Overall Objectives
    (78 Activities) Narrative
    .

     

     

     
    Project Purpose 1      2016/DG I/JP/3726   HF-Albania-ECtHR - Supporting effective domestic remedies and facilitating the execution of judgments “D-REX” 700 000 
    1. The set-up of effective domestic remedies for non-enforcement of national judgments/decisions and length of proceedings under the ECHR is supported.

    2. The establishment of an effective mechanism for the execution of judgments and administrative decisions in context of compensation/ restitution of property is supported.

    3. The reopening of domestic proceedings due to the ECHR findings for unfairness is in line with European standards is supported.
    1. Good practices regarding effective remedies for length of proceedings and non-enforcement of national judgments are analysed in detail and the solutions proposed / degree of consideration of HR standards in legislation and judicial practice / cases under the supervision of the Execution Department / number of applications from the Republic of Albania for similar cases before the ECtHR.

    2. Number of property restitution/ compensation cases pending at the ECtHR in relation to structural problem of failure to enforce final decisions / status of cases under the supervision of the Execution Department.

    3. Number of cases effectively reopened in criminal proceedings.
     
    1. Project report / evaluation reports; EU Progress Reports / reports by other relevant organisations / final resolutions of the Department for the Execution of Judgments / ECtHR statistics.

    2. Statistics provided by the national authorities / final resolution of the Department for the Execution of Judgments.

    3. ECtHR statistics / final resolution of the Department for the Execution of Judgments.

     
    1. Political will and support from national authorities / commitment from the beneficiary institutions / substantive measures are taken by the authorities to enable the provision of domestic remedies.

    2. Political will and support from national authorities / substantive measures are taken by the authorities to enable the provision of domestic remedies.

    3. Political will and support from national authorities.
     
    Expected Result 1.1 1.1. Shortcomings concerning the non-enforcement of national judgments/decisions and length of proceedings are identified and legislative solution are proposed.
    1.1. Availability of expert report on good practices as regards effective remedies for length of proceedings / number of meetings of the working group on legislative amendments / availability and quality of expertise on legislative amendments.

    1.1. Expert report and project documentation / reports and conclusions of the working group and decisions and other relevant documents are issued by the Department for the Execution of Judgments / expert report.

     
    1.1. Political will and support from national authorities in relation to the proposed action.
    Expected Result 1.2 1.2. Strengthened capacity of the School of Magistrates to develop and implement human rights training curricula and materials in line with European human rights standards.
    1.2. Availability of thematic courses of the School of Magistrates / number of qualified trainers to conduct topical trainings for legal professionals.

    1.2. Training catalogue of the School of Magistrates / School of Magistrates’ register.
     
    1.2. Continuous involvement and availability of the School of Magistrates / availability of experts.
    Expected Result 1.3 1.3. Strengthened capacities of legal professionals to interpret and apply the provisions of the Article 6§1 of the ECHR.
    1.3. Number of legal professionals trained on European human rights standards / number of legal professionals reached with information on effective remedies for non-enforcement of national judgments and length of proceedings.

    1.3. Activity reports and attendance sheets.
     
    1.3. Willingness and means of legal professionals to participate in activities / continuous commitment of the School of Magistrates and other stakeholders.
    Expected Result 1.4 2.1. Requirements to render the mechanism to execute judgments in relation to compensation or restitution of property effective are clear.
    2.1. Availability of the scheme for compensation/restitution of property / availability of domestic regulations to ensure the effective enforcement of domestic judgments and administrative decisions.

    2.1. Report and project documentation / regulations of the Property Treatment Agency.
     
    2.1. Political will and support from national authorities in relation to the proposed action.
    Expected Result 1.5 2.2. Legislative measures concerning non-execution of judgments and administrative decisions are assessed in context of compensation/
    restitution of property.

    2.2. Expertise regarding specific legislative amendments in the context of introducing an effective compensation/restitution mechanism / availability of awareness raising seminars on the effective implementation of the Law on compensation and restitution of property.

    2.2. Expert report / activity reports and attendance sheets.
     
    2.2. Official request for the legislative support is made by the Albanian authorities.
    Expected Result 1.6 2.3. Improved knowledge of legal professionals on the issue of enforcement of judgments in context of compensation/restitution of property.

    2.3. Number of legal professionals trained on the Article 1, Protocol 1 of the ECHR / number of legal professionals reached with information on enforcement of judgments.

    2.3. Activity reports and attendance sheets.
     
    2.3. Willingness and means of legal professionals to participate in activities / continuous commitment of the School of Magistrates and other stakeholders.
    Expected Result 1.7 3.1. Amendments for national criminal legislation to allow for the reopening of criminal proceedings in case of violation of the right to fair trial are proposed.

    3.2. Strengthened capacity of the School of Magistrates to train judges and prosecutors on the reopening of criminal proceedings and fair trial is enhanced.

    3.3. Strengthened capacity of judges and prosecutors to apply the requirements of Article 6 of the ECHR and the relevant case law of the ECtHR with regards to the fairness and reopening of criminal proceedings.

    3.1. Availability of expert revision of the current domestic criminal regulations / number of meetings of the working group on amending the Criminal Procedure Code.

    3.2. Availability of thematic courses of the School of Magistrates / number of qualified trainers to conduct topical trainings for legal professionals.

    3.3. Number of judges and prosecutors trained on European human rights standards / number of legal professionals reached with information on the requirements of Article 6 of the ECHR and the relevant case law of the ECtHR with regards to the fairness and reopening of criminal proceedings.

    3.1. Expert report / reports and conclusions of the working group.

    3.2. Training catalogue of the School of Magistrates / School of Magistrates ’s register.

    3.3. Activity reports and attendance sheets.

     
    3.1. Political will and support from national authorities in relation to the proposed action.

    3.2. Continuous involvement and availability of the School of Magistrates / availability of experts.

    3.3. Willingness and means of legal professionals to participate in activities / continuous commitment of the School of Magistrates and other stakeholders.
    Project Purpose 2      2016/DG I/JP/3727   HF-“The former Yugoslav Republic of Macedonia” - Increasing judicial capacity to safeguard human rights and combat ill-treatment and impunity “CAPI” 700 000 
    1. The capacity of the judiciary to apply and safeguard European human rights standards is improved.

    2. The judiciary is more effectively combating ill-treatment and impunity.
    1. Number and quality of decisions based on the ECHR, the ECtHR references and the Constitution of “The former Yugoslav Republic of Macedonia” / number of explanatory decisions and guidance available and applied by the judges and legal associates / number of training materials on different Articles of the ECHR available for judges, prosecutors and legal associates.

    2. Topical knowledge and skills of legal professionals / number and quality of effectively handled ill-treatment complaints by project participants.
     
    1. Annual report of the Constitutional Court, selected case studies / feedback from judges and judges’ advisers, internal survey / project report and documentation.

    2. Project survey and evaluation reports / feedback provided by the beneficiary institutions, selected case studies.

     
    1. Commitment within the beneficiary institutions / full complementarity of the action with other existing programmes is ensured.

    2. Commitment within the beneficiary institutions.
     
    Expected Result 2.1 1.1. Strengthened and sustainable in-house capacity of the Academy to deliver human rights training to Judges and Prosecutors.
    1.1. Availability of thematic courses of the Academy for Training of Judges and Prosecutors / availability of the methodology for moot trials on the ECHR / number of available qualified trainers to conduct topical trainings for legal professionals.

    1.1. Training catalogue of the Academy for Training of Judges and Prosecutors / library of the Academy / Academy’s register.
     
    1.1. Continuous involvement of the Academy for Training of Judges and Prosecutors and other stakeholders / availability of experts.
    Expected Result 2.2 1.2. Judges and prosecutors better interpret and apply the provisions of the ECHR and the ECtHR case law.
    1.2. Number of judges and prosecutors trained to interpret and apply the provisions of the ECHR and the ECtHR case law / number of courts joint-meetings on harmonisation of domestic court practice.

    1.2. Activity reports and attendance sheets.
     
    1.2. Willingness and means of judges and prosecutors to participate in activities / continuous commitment of the Academy for Training of Judges and Prosecutors.
    Expected Result 2.3 1.3. The Constitutional Court (CC) is able to more effectively apply European human rights standards to individual complaints.
    1.3. Available training materials on different Articles of the ECHR / number of judges and state advisors trained to apply European human rights standards to individual complaints / availability of IT system for judges and state advisors of the Constitutional Court.

    1.3. Project documentation / activity reports and attendance sheets / operational IT system.
     
    1.3. Continuous commitment of the Constitutional Court / full complementarity of the action is ensured with the OSCE Mission in Skopje / adequate IT infrastructure of the Constitutional Court.
    Expected Result 2.4 2.1. Strengthened capacity of the Academy for Training of Judges and Prosecutors to train legal professionals on combating ill-treatment and impunity.
    2.1. Availability of thematic courses of the Academy for Training of Judges and Prosecutors / number of qualified trainers to conduct topical trainings for legal professionals.

    2.1. Training catalogue of the Academy for Training of Judges and Prosecutors / Academy’s register.
     
    2.1. Continuous commitment of the Academy for Training of Judges and Prosecutors and other stakeholders.
    Expected Result 2.5 2.2. Enhanced capacity of legal professionals to combat ill-treatment and impunity in line with the ECHR and the ECtHR case law.
    2.2. Number of legal professionals trained on human rights and effective handling of ill-treatment cases.

    2.2. Activity reports and attendance sheets.
     
    2.2. Willingness and means of legal professionals to participate in activities / continuous commitment of the Academy for Training of Judges and Prosecutors.
    Project Purpose 3      2016/DG I/JP/3728   HF-Montenegro - Fighting ill-treatment and impunity and enhancing the application of ECtHR case-law on national level “FILL” 700 000 
    1. The capacity of the judiciary to apply the ECtHR case-law on national level is improved.

    2. Legal professionals are able to more effectively combat ill-treatment and impunity.
    1. Number and quality of references to the ECHR and the ECtHR case law in the judgments of the Constitutional Court and the regular courts / national courts’ application of the ECHR and the ECtHR case-law is analysed and a detailed plan of action on how to strengthen the application of the ECHR and the ECtHR case-law on national level is proposed / sustainability in educational and training programmes on the topic.

    2. Number and quality of torture and ill-treatment related complaints processed in line with European human rights standards / topical knowledge and skills of legal professionals.
     
    1. Statistics and annual reports provided by the beneficiaries /project report / Judicial Training Centre Programme.

    2. Feedback provided by the beneficiary institutions / project survey and evaluation reports.
     
    1. Full commitment of judicial representatives to alignment of courts’ practice with the ECtHR case law, particularly in the context of the EU integration process.

    2. Commitment within the beneficiary institutions.
     
    Expected Result 3.1 1.1. Strengthened capacity of the Judicial Training Centre (JTC) to facilitate human rights trainings for legal professionals.
    1.1. Assessment of the national courts’ application of the ECHR and the ECtHR case-law / availability of training materials on the right to trial within a reasonable time / number of available qualified trainers to conduct topical trainings for legal professionals / number of meetings on harmonisation of courts’ practice.

    1.1. Report and project documentation / training catalogue of the Judicial Training Centre / Judicial Training Centre’s register / reports and conclusions of the meetings.
     
    1.1. Continuous involvement of the Judicial Training Centre / national courts’ will and support in relation to the proposed action.
    Expected Result 3.2 1.2. Judges and legal advisors of the national courts are able to better apply European human rights standards in their daily work.
    1.2. Number of legal professionals trained with project’s assistance / number of legal professionals reached with the information on European human rights standards / number of exchange meetings between lawyers on best practices with regard to the implementation of the ECHR.

    1.2. Activity reports and attendance sheets.
     
    1.2. Willingness and means of legal professionals to participate in activities / continuous commitment of the Judicial Training Centre and other stakeholders.
    Expected Result 3.3 1.3. The institutional capacity of the Constitutional Court (CC) is enhanced towards better application of the ECtHR case law.
    1.3. Availability of analysis and publication of the Constitutional Court decisions /availability of the HR-based classification and filtering system on the Constitutional Court’s website / number of judges and advisors of the CC trained on the application of case law of the ECtHR.

    1.3. Report and project documentation / Constitutional Court website / activity reports and attendance sheets.
     
    1.3. Continuous involvement of the Constitutional Court / the Constitutional Court has adequate infrastructure for modification of the website.
    Expected Result 3.4 2.1. Strengthened capacity of the Judicial Training Centre (JTC) to train legal professionals on fighting ill-treatment and impunity.
    2.1. Availability of courses on prohibition of torture and inhuman treatment / number of available qualified trainers to conduct topical trainings for legal professionals.

    2.1. Training catalogue of the Judicial Training Centre / Judicial Training Centre’s register.
     
    2.1. Continuous involvement of the Judicial Training Centre / availability of experts.
    Expected Result 3.5 2.2. The legal professionals (judges, prosecutors and lawyers) and the CSO activists are able to address more effectively issues of ill-treatment and impunity in line with the ECHR and the ECtHR case-law.
    2.2. Number of judicial representatives and the CSO activists trained on prohibition of torture and inhuman treatment / number of judicial representatives and the CSO activists reached with the information on human rights and effective handling of ill-treatment cases.

    2.2. Activity reports and attendance sheets.
     
    2.2. Council of Europe’s CPT and Human Rights Commissioner’s reports are duly regarded by the national counterparts / willingness of legal professionals to acquire new knowledge and skills.
    Expected Result 3.6 2.3. Public dialogue on prevention of torture and ill-treatment in places of deprivation of liberty is enhanced through increased engagement of the CSO sector.
    2.3. Availability of grant schemes for the CSOs for conducting pilot monitoring visits / availability of needs-assessment on the improvement of the custody registry and its application / number of the
    CSO activists informed on how to conduct independent monitoring visits.

    2.3. CSO monitoring reports and surveys / report and project documentation / CSO monitoring reports and surveys.
     
    2.3. Continuous cooperation between the judicial institutions, lawyers and the CSO activists.
    Project Purpose 4      2016/DG I/JP/3729   HF-Serbia - Supporting effective remedies and mutual legal assistance “SEMA” 650 000 
    1. The reduction of systemic violations of human rights and the provision of effective domestic remedies is supported.

    2. Mutual legal assistance is strengthened
    1. Systemic human rights violations are analysed in detail and the reasons understood / degree of consideration of human rights standards in legislation and judicial practice / cases under the supervision of the Committee of Ministers / number of Applications from the Republic of Serbia for similar cases before the ECtHR / confirmation of “effectiveness” in ECtHR decision.

    2. Sustainability in educational and training programmes of the topic.
     
    1. Project report / evaluation reports; EU Progress Reports / reports by other relevant organisations / Committee of Ministers Reports / ECtHR statistics / ECtHR decisions.

    2. One Mutual legal assistance course is included into the initial and mandatory continuous training programme of the Judicial Academy.
     
    1. Political will and support from national authorities / commitment within the beneficiary institutions / substantive measures are taken by the authorities to enable the provision of domestic remedies.

    2. Commitment of the Judicial Academy.
     
    Expected Result 4.1 1.1. Enhanced co-operation and coordination between authorities and legal professionals on how to prevent systemic human rights violations and facilitate effective remedies.
    1.1. Number of meetings of the working group on domestic remedies for systemic human rights violations / needs-assessment on systemic human rights violations / number of meetings with the MoJ on effective domestic remedies /
    number of exchange meetings among legal professionals on elimination of systemic human rights violations.

    Reports and conclusions of the working group / report and project documentation / protocols of the meetings / protocols of the meetings.
     
    Political will and support from national authorities in relation to the proposed action.
    Expected Result 4.2 1.2. Strengthened capacity of the Judicial Academy to support legal professionals in addressing systemic human rights violations (including mutual legal assistance).
    Availability of thematic courses of the Judicial Academy /number of available human rights related training materials for legal professionals translated into Serbian / availability of manual on the ECtHR case-law harmonisation at the national level / availability of manual on effective investigation with reference to the Art. 3, 6, 8 and 14 of the ECHR.

    Training catalogue of the Judicial Academy / Judicial Academy library / project documentation.
     
    Continuous involvement and availability of the Judicial Academy / availability of experts.
    Expected Result 4.3 1.3. Reinforced capacities of legal professionals, judges, prosecutors, lawyers and legal assistants, to apply the provisions of the ECHR and the ECtHR case law.
    Number of legal professionals trained on European human rights standards / number of legal professionals reached with information on systemic human rights violations and potential effective remedies / public prosecutors are better informed on the application of the ECHR, in particular in the view of Article 6 §1 of the ECHR.

    Activity reports and attendance sheets.
     
    Willingness and means of legal professionals to participate in activities / continuous commitment of the Judicial Academy and other stakeholders.
    Expected Result 4.4 2.1. Enforced capacity of the Judicial Academy to train legal professionals on mutual legal assistance.
    Availability of topical courses in the Judicial Academy’s training catalogue.

    Training catalogue of the Judicial Academy.
     
    Continuous commitment of the Judicial Academy / availability of experts.



     
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