ANNEX 1: LOGICAL FRAMEWORK

LOGFRAME PLANNING MATRIX FOR PROJECT / Programme name and number
Transition Facility 2007
Further assistance in the field of judicial cooperation in civil, commercial and criminal matters / Contracting period expires
15.12.2009 / Disbursement period expires
15.12.2010
Total budget: MEuro 0.2775 / TF budget: MEuro 0.245
Overall objective / Relates to Copehagen criterion and Acquis chapter / List of other projects with same objective
To strengthen the institutional and legislative framework in the field of international judicial cooperation / Council Decision 2008/976/JHA of 16
December 2008 on the European Judicial Network
2001/470/EC: Council Decision of 28 May 2001 establishing a European Judicial Network in civil and commercial matters
Project purpose / Objectively Verifiable Indicators / Sources of Verification / Assumptions
To get the practitioners (judges, prosecutors, court clerks and specialized personnel working in the Ministry of Justice and the Citizens’ Freedoms) acquainted with the new instruments of the European Union judicial cooperation / Knowledge acquired and put in into practice by the practitioners in the field of judicial cooperation in civil, commercial and criminal matters / Project reports / No delays in starting the project.
National budget resources available.
Close cooperation between the Twinning partners.
Interest of the Romanian participants in the particular topics onjudicial cooperation in civil, commercial and criminal matters, as presented in the set of guidelines, training sessions, and manuals elaborated within the project
Absence of unforeseeable major obstacles beyond the control of the Project which could potentially hinder work-progress as scheduled.
Results / Objectively Verifiable Indicators / Sources of Verification / Assumptions
Criminal matters
Result 1
A set of guidelines containing best practices and recommendations for the implementation of the recent EU instruments in the field of criminal judicial cooperation elaborated for the use of the practitioners (judges and prosecutors members of the Romanian judicial network in criminal matters, staff of the Ministry of Justice and Citizens’ Freedoms, judges and prosecutors from all level of jurisdiction, court clerks, representatives from the enforcement bodies) / The set of guidelines elaborated and disseminated to the members of the Romanian Judicial Network in criminal matters, judges and court clerks working in the field. / Project reports
Evaluation of the set guidelines made by the Beneficiary
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site / Gathering the relevant information on the most recent instruments in criminal matters (the principle of mutual recognition, the European evidence warrant,the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial, best practices, analysis, etc)
Civil matters
Result 2
A manual on judicial cooperation in civil and commercial matters to be used by the practitioners ((judges and prosecutors members of the Romanian judicial network in civil and commercial matters, staff of the Ministry of Justice and Citizens’ Freedoms, judges and prosecutors from all level of jurisdiction, court clerks, representatives from the enforcement bodies) elaborated and disseminated to central and local level. / 100 manuals on judicial cooperation in civil and commercial matters elaborated and disseminated to members of the Romanian Judicial Network in civil and commercial matters, as well as to judges, prosecutors and court clerks in order to improve their activity in the field. / Project reports
Evaluation of the manual made by the Beneficiary
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site / Gathering the relevant information on the most recent instruments in civil and commercial matters (the principle of mutual recognition, jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, international recovery of child support and other forms of family maintenance,law applicable to maintenance obligations,best practices, analysis, etc)
Result 3
Following a training of trainers approach, a number of 20 judges and prosecutors trained as trainers in a cycle of three seminars in the most recent EU instruments in the field of judicial cooperation in civil matters, on topics agreed with the Beneficiary. / 3 seminars organized and 20 magistrates trained, able to apply the most recent EU instruments in the field of judicial cooperation in civil and commercial matters. / Project reports
Attendance lists / National budget resources available.
Availability and regular presence of the Romanian participants to the organized events.
The knowledge acquired through the training is put into practice and further disseminated by the trainees.
Result 4
One leaflet for informing the citizens on their rights and procedures to be followed in case they are victims of cross-borders crimes elaborated. The leaflet shall be based on the provisions of the Council Directive 2004/80/EC relating to compensation to crime victims. / 2000 hard copies of leaflets elaborated and disseminated to courts and prosecutors’ offices at central and local level. / Project reports
Evaluation of the leaflet made by the Beneficiary.
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site / Gathering the relevant information on the rights of the citizens and procedures to be followed in case they are victims of cross-borders crimes.
Result 5
The Ministry of Justice and Citizens’ Freedoms library endowed with specific books, materials, provided for the use of the practitioners in the field of judicial cooperation. / About 50 titles from Romanian and foreign literature in the field of international judicial cooperation purchased. / Project reports / The titles from Romanian and foreign literature in the field of international judicial cooperationare available on the market during the period of the implementation.
Activities / Means / Assumptions
Criminal matters
Activities under Result 1
1.1 Elaborating a set of guidelines with recommendations on judicial cooperation in criminal matters which focuses on the most recent EU instruments in field (namely the Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union; Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters; Council Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial). / Twinning Light contract / Project reports
Evaluation of the set guidelines made by the Beneficiary
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site / Gathering the relevant information on the most recent instruments in criminal matters (the principle of mutual recognition, the European evidence warrant,the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial, best practices, analysis, etc)
1.2The set of guidelines will be printed in 100 copies and disseminated to the judges, prosecutors and court clerks working in the field of judicial cooperation in criminal matters. The electronic version set of guidelines will be posted on the website of the Ministry of Justice and the Citizens’ Freedoms, National Institute of Magistracy and National School of Clerks. / Twinning Light contract / Project reports
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site
1.3Organizing 1 study visit,for one week, for 5 persons (judges, prosecutors, ministry’s specialists, members of the Romanian Judicial Network in criminal matters) to a Member State in order to facilitate direct contact of Romanian practitioners with practitioners from other courts allowing for the exchange of practices with regard to the enforcement of the Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union; Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters; Council Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial. / Twinning Light contract / Project reports / National budget resources available.
Availability of the Romanian participants at the organized event
Readiness of the Romanian participants to cooperate with their EU counterparts.
Civil matters
Activities under Result 2
2.1. Elaborating a manual on judicial cooperation in civil and commercial matters which focuses on the most recent EU instruments in the field (namely Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; Hague Convention on the international recovery of child support and other forms of family maintenance, concluded on the 23th of November 2007; Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations). / Twinning Light contract / Project reports
Evaluation of the manual made by the Beneficiary
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site / Gathering the relevant information on the most recent instruments in civil and commercial matters (the principle of mutual recognition, jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, international recovery of child support and other forms of family maintenance, law applicable to maintenance obligations, best practices, analysis, etc)
2.2. The manual will be printed in 100 copies and distributed to the members of the Romanian Judicial Network in civil and commercial matters, judges and court clerks working in the field. The electronic version of the manual will be posted on the website of the Ministry of Justice and the Citizens’ Freedoms, National Institute of Magistracy and National School of Clerks. / Twinning Light contract / Project reports
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site
Activities under Result 3
3.1. Elaborating the training plan for the training sessions for judges and prosecutors working in the field of judicial cooperation in civil matters, (schedule, group of participants, etc) to be delivered under the activity 3.2, by the project’s experts. The training plan will include topics such as: the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the international recovery of child support and other forms of family maintenance, the law applicable to maintenance obligations etc. / Twinning Light contract / Project reports
3.2 Delivering 3 training sessions of 2 days each on a training of trainers (TOT)’ approach, each for approximately 20 judges and prosecutors, from different courts and prosecutors’ offices. / Twinning Light contract / Project reports
Attendance lists / National budget resources available.
Availability and regular presence of the Romanian participants to the organized events.
The knowledge acquired through the training is put into practice and further disseminated by the trainees
Activities under Result 4
4.1 Elaboration and printing of leaflets containing information on the provisions of Council Directive 2004/80/EC relating to compensation to crime victims, as well as on how to make use of the crime victims’ rights in practice. / Twinning Light contract / Project reports
Evaluation of the leaflet made by the Beneficiary.
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site / Gathering the relevant information on the rights of the citizens and procedures to be followed in case they are victims of cross-borders crimes.
4.2. The leaflets will be printed in 2000 copies and distributed at central and local level, to courts and prosecutors’ offices, for the use of citizens. The electronic version of the leaflet will be posted on the website of the Ministry of Justice and the Citizens’ Freedoms, National Institute of Magistracy and National School of Clerks. / Twinning Light contract / Project reports
Ministry of Justice and Citizens’ Freedoms, National Institute of Magistracy’s and National School of Clerks’ web site
Activities under Result 5
5.1. Endowing the Ministry of Justice and Citizens’ Freedoms library with new titles on EC law and Judicial International Cooperation and other topics related to the results of the present project – elaborating, in agreement with the beneficiary, the list of titles to be purchased and carrying out the procurement procedures. / Twinning Light contract / Project reports / The titles from Romanian and foreign literature in the field of international judicial cooperation are available on the market during the period of the implementation.

Annex 2 - DETAILED TIME IMPLEMENTATION CHART FOR THE PROJECT

COMPONENT / 2009 / 2010
I / A / S / O / N / D / January / February / March / April / May / June / July / August / September
Twinning component / D / D / C / C / C / I / I / I / I / I / I / I

Legend:

D = design

C = contracting

I = implementation

R = review

X = closure

Annex 3 -CUMULATIVE CONTRACTING AND DISBURSEMENT SCHEDULE

All figures in million EURO

31.08.2009 / 30/11/2009 / 31/12/2009 / 30/06/2010
CONTRACTED
Twining / 0.245
DISBURSED
Twining / 0.20 / 0.245

Annex 4

LIST OF RELEVANT LAWS AND REGULATIONS

  • Law no. 304/2004 on the organization of the judiciary (amended);
  • Law no. 303/2004 on the statute of magistrates (amended);
  • Law no. 317/2004 on the organization and functioning of the Superior Council of Magistracy (amended);
  • Law no. 302/2004 on International Judicial Co-operation in Criminal Matters (amended);
  • Law no. 189/2003 on International Judicial Assistance in Civil and Commercial Cases (amended);
  • Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union;
  • Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters;
  • Council Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial;
  • Council Directive 2004/80/EC relating to compensation to crime victims
  • Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
  • Hague Convention on the international recovery of child support and other forms of family maintenance, concluded on the 23th of November 2007
  • Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations.