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Standard Summary Project Fiche

1. Basic Information1.1 CRIS Number: 2003/005-850.01.04Twinning EE03-IB-JH-051.2 Title: Building Competence in European Law in the Estonian Judiciary1.3 Sector: Justice and home Affairs1.4 Location: Estonia

2. Objectives

2.1 Overall Objective(s):Estonian courts have expertise to provide rulings for the implementation of EC Lawand international conventions relevant for EU membership.

2.2 Project purpose:To improve the competence of the Estonian courts to handle claims based onEuropean law

2.3 Accession Partnership (AP) and NPAA priority (and implementing measures envisagedby the Action Plan for AP priorities related to strengthening administrative and judicialcapacity)

Accession Partnership 2002:Political criteriaDemocracy and the rule of law– Continue to improve the efficiency and independence of the judiciary. Address, inParticular, workload in courts and backlogs of pending court cases; improve infrastructureand computerization of courts; ensure the enforcement of courts’ decisions; improvecitizen’s access to justice; widen the availability of legal aid.

Commission’s Regular Report 2002 – The Judicial System, page 24:“Further efforts have been made within the framework of the training strategy adopted inFebruary 2001 to improve the training of judges. In line with the new Courts Act,responsibility for drawing up training programmes was transferred from the Ministry ofJustice to the Estonian Law Centre (an NGO) in July 2002. The Training Council, inwhich the relevant stakeholders are represented, approves all training programmes forjudges and prosecutors. Both comprehensive training for jurists trained in the Sovietperiod and specific supplementary training (for recent legal developments including EClaw) is offered to judges and prosecutors. It is important to ensure that adequate resourcescontinue to be made available for these training programmes.”

NPAA 2002-2003, Part I sets forth the Estonian strategy for raising the level ofqualifications of Estonian judges so that they are able to implement their obligations whenEstonia becomes a member state. The NPAA respective section describes specificprogrammes as well as the overall high priority of developing judicial training and

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institutional arrangements further. These link directly to the obligations that flow from ECTreaty Article 10 and 234 as well as related legal principles of the acquis.

In addition, project will impact the ability of judges to discharge their obligations in anumber of legal and policy areas including company law, competition law, social policyand employment, consumer law and health protection, co-operation in the field of justiceand home affairs, customs union, financial control.

Contribution to National Development Plan (and/or Structural Funds DevelopmentPlan/SDP)N/A

Cross Border ImpactThe project will provide the capacity for the ELCF to provide specialized training for targetgroups in the region. With the investment requested for video conferencing, this capacitywould be further enhanced.

3. Description

3.1 Background and justification:

Since regaining independence in 1991, Estonia has taken enormous steps to make itsjudiciary effective. This has meant fashioning an entirely new institution with new judicialpersonnel, who have had to work amidst an ongoing virtual blizzard of new law without astrong culture of advocacy or settled legal practice traditions. Despite these challenges,Estonia has made significant progress. With membership in the European Union, however,the judiciary will have to adapt to new responsibilities to ensure the effectiveness ofEuropean law. This is described in the strategy for judicial and prosecutor training that wasadopted by the Estonian government on February 14, 2001. This document acknowledgesthe need for various types of training, and notes the difficulties in developing these. At thesame time, key events and changes have taken place in the last several years that requirenew programmes to support institutional development.

Most importantly, on 19 June 2002, the Riigikogu adopted the Courts Act. The Act becameeffective on 29 July 2002. The Act regulates the organization of the courts and the serviceof judges in a more detailed and coherent way than before. New bodies were established toincrease the democracy and independence of the judiciary. These include the Full Court,the Judges Assembly, the Court Administration Advisory Council and the Judicial TrainingCouncil. According to the Courts Act, the Ministry of Justice will no longer be responsiblefor the training of judges from January 2003, and newly formed Training Council will takefull responsibility for this important task. Training is now financed through the budget ofthe Supreme Court. The Estonian Law Centre Foundation (ELCF) was nominatedaccording to the law as a national judicial training centre with competence to prepare andimplement training according to the decisions of the Training Council.There are approximately 245 judges in Estonia, and approximately 180 prosecutors.

The ELCF was formed in 1995 through cooperation between the Supreme Court of Estonia,the Estonian Ministry of Justice, and the law faculty of Tartu University. It is a non-profitfoundation whose mission is to provide professional legal training for the entire Estonianlegal community (see institutional framework for details).

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As Estonia takes its last steps towards membership in the European Union, the questionarises how the above institutions will act together to further develop training in Europeanlaw. This project will build upon prior European law training and seek to overcome themost significant barriers in developing ongoing effective training.

The following two barriers are most important:

1) The first is that only a few judges in Estonia have a firm command of how to handleEuropean claims that arise in normal court practice

While judicial training in Estonia has been ongoing since 1993, the main emphasis has beenin teaching about substantive law. This is important and useful. At the same time,additional training needs have been more recently recognized to enable judges to fullyapply this knowledge in handling claims, especially European law.In the field of European law, prior programmes have provided important training thatintroduced the European legal system. Additional training planned through a Phare 2001project dedicated to “enhancing the administrative capacity of the court system” willprovide additional substantive law training in the fields of competition law, consumerprotection, labour law, and intellectual property.

At the same time, judges have additional problems in dealing with claims based onEuropean law. The main problems arise from the lack of familiarity of Estonian judges withinterpretative methods of the European Court of Justice, as well as with the role of the courtin developing European law, the precise nature of the expanded role of member state judgesafter accession, a lack of expertise in argumentation and opinion writing, as well as a lackof familiarity with the role of remedies within the European legal framework. Theintroductory level courses that have been provided to judges up to now helped them realizethe need for more training, but did not raise their levels of competence to a sufficient levelso that they could handle European claims that will arise in Estonian courts.

With respect to European law, this problem was first noted in the Estonian governmentstrategy for judicial and prosecutor training in 2001. There, the government noted the needfor training in how European law influences the Estonian legislative policy, and specifictraining to enable judges to fulfil their obligations in deciding matters based on Europeanlaw.

A training analysis (see annex 5), still on-going, performed by the ELCF wascommissioned by the Training Council and started in the autumn of 2002. It established anunexpectedly huge need for the training in general EU law functioning; in the relationshipbetween national courts and ECJ; in practical implementation of EC law by courts (incl.ECJ case-law) in different substantive areas, in judges’ rights and obligations to apply EClaw independently (to set aside national conflicting laws and create remedies in order toprotect effectively individual rights, etc). The results of the analysis were reaffirmed whenover 90 judges attempted to register for a course on the foundations in European lawcourse. The judges were indicating that they did not have the necessary orientation, andneeded more general European Law training. The modules of the course, delivered,included an overview of the institutional competences of European Institutions(highlighting the principle of legality), the relationship between European and Local law,with special emphasis on the need for judges to fashion effective remedies for violation of

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European Law, and an overview of substantive law to implement the single market(especially the four freedoms) for the training. In light of this, in its planning meeting inMarch of 2003, the Training Council asked ELCF to elaborate a comprehensive strategyand training curriculum in EC law for judges for a three-year period.

The ELCF, in cooperation with the EC law experts from the Tartu University drafted theoutline for the EC law curriculum for judges for 2003-2005. However, based on theexperiences of ELCF in organizing EC training for Estonian civil servants since 1998, thereis an extremely huge lack of competent trainers in EC law fields (both in substantive andmethodological side and especially in practical applications and developments of EC law).Training on EC law was already provided to Estonian judges through several projects (seelinked activities) but additional needs have still been identified.

The Phare 2001 project will provide an important step forward. The 2001 project willprovide substantive law training in a series of areas (competition, consumer protection,intellectual property and labour law). At the end of this project, a total of 80 Estonianjudges will have expertise in these areas sufficient to understand the purposes and scope ofEU law. According to the technical proposal provided according to the ToR, this willinclude training “related to the tasks that a judge or other member of the judicial staff willbe called to undertake” (see page 52). This will give judges a basis for understanding theextent of harmonization in a given area (see the same page “Training should not only coversubstance of legislation (theory) but the approach followed by the EC and nationalregulator, thus enabling appropriate jurisprudence”). The 2001 programme is necessary toachieve that purpose, and enable Estonian judges to better interpret law in cases where suchissues arise. At the same time, this scope of training cannot provide in depth training in thebroader problem of developing “court practice”.

This leaves a gap that will be filled by the current project. By “court practice” we mean (1)deciding who may raise European claims and under what circumstances, (2) procedurallyhow and when to consider such claims, including but not limited to whether interim relief isappropriate and whether to refer a claim pursuant to Article 234, (3) how to fashionremedies in given cases. Training in this area requires a theoretical treatment of the law inthese areas, as well as training on developing local standards requiring an interface betweenEuropean and local teachers, and will require a case study approach.

Relating back to the 2001 project, we expect that certain case studies in the current projectwill use materials developed in that project, and will go further in exploring the abovepractice problems. This will include, inter alia competition law practice issues. It will alsointroduce case studies in other substantive areas that are equally important, but which todate have been covered only at a general level. These areas are the key regulations thatfacilitate single market development, and better protection of social rights as well aseconomic crime (corruption, money laundering, etc.).

A mechanism is therefore needed to develop a high level local training group that candeliver high level- training to judges on a continuous basis.

In addition, article 234 of the EC Treaty indicates that:The Court of Justice shall have jurisdiction to give preliminary rulings concerning:(a)the interpretation of this Treaty;(b) the validity and interpretation of acts of the institutions of the Community and of the

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ECB;(c) the interpretation of the statutes of bodies established by an act of the Council, wherethose statutes so provide.Where such a question is raised before any court or tribunal of a Member State, that courtor tribunal may, if it considers that a decision on the question is necessary to enable it togive judgment, request the Court of Justice to give a ruling thereon.Where any such question is raised in a case pending before a court or tribunal of a MemberState against whose decisions there is no judicial remedy under national law, that court ortribunal shall bring the matter before the Court of Justice.

It thereby requests from the Member State courts to undertake preliminary rulings from theCourt of justice in cases involving several parts and aspects of the EC law implementation.This procedure in its practical aspects is almost unknown by Estonian judges and is likelyto create serious problems in the implementation of the acquis, unless steps are taken nowto provide training on how to implement this obligation. There is an urgent need to createinstitutional knowledge and materials for the judiciary to handle this work.

The Judicial Training Council has recognized this problem and decided to significantlyincrease and advance the training of judges in the European law and to target a group ofjudges to become specialists in this area. This special target group will consist of 30 judgesand prosecutors and represent each court in Estonia (there are 26 courts, with the largestcourt, the Tallinn Court getting additional representatives). In the framework of this project,the specialist group will receive intensive training. These judges will serve also as contactpersons and mentors for other judges for implementation of the EC law. The members ofthe expert group will sign an agreement that they will commit to do so. Also theirinvolvement as EU law trainers in the future will be guaranteed, thereby ensuring thesustainability of the project.

The current project foresees expert assistance to fill in the above-mentioned gap inproviding effective EC law training for judges and developing the training for trainers ideathrough the specialists group training and their further participation in training of othergroups at the advanced and expert levels.Furthermore, ELCF has actively started to work for developing institutional agreements.There is an agreement between the Prosecutors Office and the judicial training council thatprosecutors may attend judicial training courses, which includes the field of this project.The prosecutors will participate in this program pursuant to this agreement. The coursesoffered in this project will relate to the needs that were identified in the May 2003 peerreview of the prosecutors office through course material developed by European experts(STE’s) that will connect European Law themes and practical problems.

As ELCF was nominated to become national judicial training centre only in July 2002 thework on national judicial training strategy for 2004-2010 is not completed yet. Also thecapacity of the ELCF to provide comprehensive training is only in the stage ofconstruction. From the state budget four positions are financed for training specialists in theELCF of whom one can concentrate on EC law training curriculum.

2) The second barrier is the lack of institutional capacity of ELCF to develop furtherEC law training.

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This covers lack of trainers, lack of materials, and low institutional capacity to developprogramming. This project will also provide for crucial institutional development inbuilding computer training and competence, staff competence and training materials.

The first aspect of institutional building relates to ELCF staff development. In order for thestaff to develop European law training for judges on an ongoing basis, it is necessary todevelop better familiarity with institutions and training systems and curriculum in place inEU member states. Study visits would help to develop deeper knowledge of the subjectmatter and establish necessary contacts for further co-operation. The project thereforeprovides for study visits for ELCF staff.

In addition, at least a part of European law training will require development of computerand Internet based training and services. Estonian judges, however, have little knowledgeof and skills in using computers and also in using the Internet based EC law resources. TheELCF does not have at present enough material resources to provide such training.

Currently, the ELCF has three training rooms in its building in Tartu (for 20, 30 and 70persons respectively) which are equipped with multimedia projector, overhead projectorand translation equipment for 60 persons. The ELCF personnel have 13 computers with theInternet access for daily work. However, there is no computer class and videoconferenceequipment for the training.

Therefore the project includes the purchase of necessary equipment and establishment of acomputer class for training judges (14 workplaces and videoconferencing equipment). Theestablishment of a computer classroom is a pilot project that would allow far more flexibleaccess to training on European electronic information sources, better access andorganization of distance learning, more effective in class workshops, and better digitalaccess to regional training opportunities. The class and videoconference facilities will beused also in the future for all kind computer-based training courses for judges andprosecutors.

The ELCF training strategy is oriented to combined training that includes in-class trainingand also parts of distance learning. The busy schedule of Estonian judges, limited numberof guaranteed training days and spaces in training groups and budgetary restrictions do notalways allow them to participate in necessary training events in ELCF training locations.The ELCF currently has the capacity and experience to develop Web based asynchronoustraining tools needed to create “communities” of learners sharing access to common poolsof training materials including course materials, working together on joint tasks withoutany of the normal restrictions of time and space.

Currently the ELCF lacks the technology to implement synchronous real-time video anddata broadcasting. This capacity would ease the communication between learners andlecturers and create possibilities for more wide and effective training. Video conferencingcapacity is especially useful in case of training events based on foreign lecturers. In thiscase even if the training group size in a training site is limited, the technology enables theELCF to broadcast training events through the Internet. This would save time and alsomoney spent on travel and accommodation as the judges and lecturers can use videoconferencing according to their local videoconferencing capacity. Real time video and databroadcasting will complement traditional asynchronous web-based training providing bettercontact and real time feedback to the tutors.

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The class and videoconference facilities will be used also in the future for all kindcomputer-based training courses for judges and prosecutors.

Considering the nature of the project, no NGOs were consulted during the projectpreparation process. The project aims at institution building at the central government leveland the NGOs are not seen as directly benefiting or having a role in the project’s activities.

3.2 Linked activities:

A SIDA financed project was offered in two cycles. The first cycle started in September1999 and it was completed in January 2000.The second cycle started in March 2000, andwas completed by December 2000. The participant group in each cycle was a total of thirty,and it comprised half judges and half prosecutors. The course was split into nine modulesand provided an introduction to the treaty structure, the history of integration, theinstitutional framework for European legislative process, relationship between Europeanand member state law, an overview of constitutionality, and human rights in the Europeanframework, and cooperation between the European and local courts.

More recently, in the framework of the Phare horizontal project on “Training of Judges inCommunity law”, only five Estonian judges participated in EC law training from autumn2001 to spring 2002.

Phare 1998 ES98.04.01 Strengthening of the Court System (1 490 000 EUR)The project provided judges (220) and prosecutors (180) training in public, private andpenal law and crime probation officers in social work as well as training for enforcementofficers. The Estonian court system was provided with computer hardware and software.

Phare 2001 ES01.04.02 Enhancing the Administrative Capacity of the Court SystemThe project is geared to increasing the administrative capacity of courts through analysis ofthe existing court structure, division of the workload and cooperation with other units suchas enforcement and probation officers. The training component of the project willcommence in autumn 2003 and provide 80 judges, prosecutors and court counsellors withtraining in EU consumer protection law, competition law, intellectual property law, andlabour law. This training will include five training days for each topic. The informationsystem component of the project focused on creating the court information system andprocuring necessary software. The current project is one part of the bigger project and itstraining budget is 225 000 Euros. The project will start in August 2003 and end in July2004.

The 80 judges that will receive training in the Phare 2001 will be accepted into the currentproject. This is because the type of training in the current project is complementary anddifferent from that provided through Phare 2001. The Phare 2001 training is on selectedtopics of substantive law. The current project will provide training in how to use theknowledge gained from Phare 2001 training and in other areas of substantive law that arenot included in the list of topics for Phare 2001 in handling court claims.The training in the current project will focus on procedures and practice in handling courtclaims based on European law, remedies (including but not limited to state liability), effectsof various European legal instruments leading to an understanding of pre-emptive effects ofEuropean law, applications of the above in core areas of regulation to create the single

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market (for example competition law), economic crime (corruption, money laundering,etc.) and a treatment of human rights and international conventions. This will be elaboratedfurther in the profiles and tasks for STE’s. The above training in substantive areas has notbeen given yet at the expert level that will be provided in this project.

2002/000-266.02.02 Assistance to the Ministry of Finance and Public Procurement Officeto achieve fair competition. The Budget for the twinning light component on competition is102 000 EUR and Estonian co-financing 4 7000 EUR. The project aims to includeimplementation of EU compliant legislation in the field of competition. The projectincludes training in Competition Law for competition Board, with a limited number ofplaces reserved for Estonian judges.

EE02-IB-FI-04 Enforcement of EU intellectual property legislation. Phare 655 000 EUR,Estonia 35 000 EUR. The project aims at efficient implementation and enforcement ofintellectual and industrial property rights legislation.With the PAA for this project in place, the ELCF will be able to build upon thecompetences transferred in the above substantive law courses. This is especially true for thePhare horizontal training project. In this project, those judges who receive the substantivelaw background will be placed in a position to apply this knowledge in handling actualclaims.

In addition to the above, it is likely that the above project will provide the capacity of theELCF to develop additional linked projects. This would include European law training foradvocates (fee basis training), and joint work with Tartu University to upgrade and developadditional European law courses. These would include assisting to upgrade courses offeredthrough EuroCollege, Tartu University at the post-graduate level, and cooperation with thelaw faculty of Tartu University to include an additional course at the post-graduate level onEuropean court practice.

3.3. Results:

CONTRACT 1:Estonian Specialist Group of 30 judges and prosecutors has been trained in European law atthe expert level, and is teaching Estonian judges on a permanent basisECLF has established well-elaborated curriculum, course materials and teachers needed toimplement ongoing expert training in European law to Estonian judges, prosecutors andadvocates and provided it at least for 210 judges, prosecutors and advocates

CONTRACT 2:Computer class and video conferencing facility is established and operating on an ongoingbasis.Estonian judges have access to increased number of specialized video courses and texts inEuropean law translated into Estonian language.

3.4. Activities:The activities of the project are divided in two main categories. They are (1) Twinning -Training of Estonian judges and prosecutors in EU law and institutional development; and(2) Investment - establishment of the computer classroom and video conferencing facility.The related activities for each are set forth below.

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3.4.1. Contract 1 Twinning – Phare 624 000EUR + 144.000EUR co-financing - Total –.768 000EUR

* PAA 12 months 180.000EUR

Profile of the PAAThe PAA should be a lawyer with at least ten years experience in the field of judicialtraining, and have or have had an institutional link to a judicial training institution. ThePAA should also have practical experience in litigating cases based on European law, andexpertise in court practice, especially in handling claims in at least one member state courtbased upon European law, should have training experience in at least one of the fieldsidentified below for STE tasks, and finally should have experience providing legalassistance or training in at least one accession country. Strong coordination andcommunication skills, and proficiency in teaching in English will be essential. Experiencein Phare twinning projects is desirable.

Tasks of the PAA:• General co-ordination of the project,• Monitoring all project activities and assisting the short term experts in providing

training• Mentoring the specialist group to improve their training skills• Analysis of the administrative capacity of ELCF with assistance of STEs• Providing training for the project• Mentoring and assistance to the ELCF to strengthen overall administration of

training• Assessment of potential partnering with EuroCollege, and the law faculty of

Tartu University to strengthen connected European law educational programme• Assessment of possibilities to develop additional training programmes based on

the project framework for other legal target groups (especially advocates) andassistance in implementing training as appropriate

• Assessment of needs for further development of curricula for judges andprosecutors and development of training curricula in ELCF at advanced andexpert level. The current curricula for EC training of judges needs furthersubstantial elaboration and prioritisation in different fields of EC law. Thisproject will provide assistance in elaborating and revising the curriculum. PAAin cooperation with short-term experts and ELCF staff elaborates the detailedtraining programme and training materials (incl.case studies)

• Assistance in developing contacts with European judicial training institutes• Review of selection of the expert group: 30 judges and prosecutors to be trained

at expert level• Training and supervision of training at expert level for 30 judges and at

advanced and expert level for all trainees.• Working with the specialist group to identify cases in Estonian courts with

European claim components, and cases connected to Estonia pending in the ECJin order to incorporate case study materials based on the above in the trainingmaterials developed in the project

• PAA is responsible for organising a test after the completion of the trainingcourses and evaluates those together with ELCF staff

• Preparation and supervision of traineeships and study visits

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• Coordination and monitoring of the development of training materials and casestudies.

• Assisting in drawing technical specifications for purchase of equipment undercontract 2.

* Preparation of twinning covenant Phare 10.000 EUR

* PAA assistant Phare 12.000 EURTasks:

a) Assistance to the PAA.b) Translations and general accounting for the PAA.

Profile:ü Fluent English and Estonian.ü Good organisational and communication skillsü Good PC literacy.ü

Legal degree and experience in working in Phare system would be an asset.

Tasks:• assisting PAA• Arranging training events• Assisting in translating and organising translation

* MS project leader (3 days per month over 24 months) Phare 12.000 EURProfile: The MS project leader should be a person with a high level institutional affiliationwith a judicial training centre, or other legal education or policymaking institution, withexperience in overseeing twinning arrangements. Proficiency in English is required.

Tasks: The project leader will fulfil the tasks laid in the reference manual of twinningprojects, and other tasks as agreed with the project administration. The project leader mustensure that reporting and project management from the MS side are fully ensured until theend of the project after the departure of the PAA.

* Pool of STEs for training activities – approximately 300 days Phare 295.000 EUR

Profiles for STE’sSTE’s will be mainly involved in providing training, and thus the STE’s should haveexperience in providing training in the expert fields identified. These fields include (1)legal method and legal writing (especially in interpreting ECJ court opinions), (2) courtpractice in handling European law claims in member state courts, especially the preliminaryreference procedures, and providing interim relief, (3) remedies for claims based onEuropean law (including state liability), (4) differing effects of European legal instruments,and discretion in member state policy formation (pre-emption) (5) case law elaboration ofsingle market regulation (especially the four freedoms, competition law, and social policy)(6) economic crime (money laundering, corruption) (7) international legal cooperation(cross border judgment enforcement, money laundering, and anti-corruption). All of theabove STE’s should have at least five years experience in interactive teaching using thecase method using English language. Experience in training judges is preferred. One STE is

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needed with expertise in using European community legal databases. One STE should havethree years experience in developing or using video equipment for training.

The tasks include:- assistance to PAA in developing European Law curricula in ELCF at the Advanced andExpert Training levels. The output should be a set of recommendations by the STE’s onhow to strengthen these areas of training.- preparation of training materials (case studies and other materials).The output should be aset of materials that can serve as a foundation for developing ongoing materials for latercourses (Core Materials)- training of the specialist group (30), mentoring and monitoring their activities as trainers.The output will be a trained Specialist Group, with commentary from the STE’s as theSpecialist Group develops their teaching materials and delivers their lectures, and finalassessment of each local Specialist Group partner.- training of judges, prosecutors and other lawyers according to the training curricula atadvanced and expert level. The output will be the completed set of events, with delivery ofmaterials and assessment of the events.

a. Carrying out training course for the specialist group (Specialist Training)3-5 short term experts for 65 days = 16 training days + 28 mentoring days + 21 preparationdays+ PAA

Training courses are organised for the target group of 30 persons (judges and prosecutors)representing every Estonian court and Prosecutors Office. Group receiving two courses inthe EC law four days each in 2004 and one two days summary training course in 2005. Thenumber of 30 is justified by the target of covering all Estonian courts (25+ additionalplaces for Tallinn courts and Prosecutors Office) with the EC law expert judges. Also thebig number of specialist group is justified with their further specialisation in different fieldsof EC law and providing training for other judges in these specific topics. Because thetarget group (trainers) was not able to get deep enough knowledge of the area to developsufficient confidence to do the training. This suggests that the more successful train fortrainers program should be narrower in scope. To compensate for this, this projectcontemplates train the trainer programming for the specialist group that will be moreconcentrated in court practice problems, and use of case study method teaching.

The Specialist Training will include pedagogical training (with a focus on teaching from thecase method), training in analysing and critiquing court opinions, computer based trainingand handling Europeans claims in selected areas of substantive European law (See discussionof “Court Practice” in Section 3.4.1(b). The substantive training will be at the expert Level.This training will provide the basis for delivery of the expert level training that the STE’swill provide in partnership with members of the Specialist Group.

To complete this, the STE’s will collaborate with ELCF and PAA to elaborate the agenda,and develop course materials, will provide teaching, and establish partnerships with Estonianmembers of the Specialist Group in order to later assist these persons in preparing forproviding portions of the Expert Training (We refer to this later as part of the MonitoringProcess).

b. Carrying out training course of advanced level EU law (Advanced Training)4 short-term experts for 44 working days = 16 training days + 16 mentoring days + 12preparation days + PAA

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The second level training is Advanced EU law training in Court Practice. The purpose ofthe Advanced Training is to provide the knowledge basis for handling case study teachingin Court Practice. By “court practice” we mean (1) deciding who may raise Europeanclaims and under what circumstances, (2) procedurally how and when to consider suchclaims, including but not limited to whether interim relief is appropriate and whether torefer a claim pursuant to Article 234, (3) introduction to European legal method andwriting, and (4) how to fashion remedies in given cases.

The target group consists of 120 judges, court consultants and advisors separated into four30 members groups. The group will be formed from the judges who already have passedthe ELCF EU law basic course and from those who have enrolled in Phare 2001 training..The basic course was elaborated and provided in the spring of 2003 and gave anintroduction to the EC law (main features of EC law, EU institutional system and functions,ECJ role, general EC law developments in substantive areas etc.) The Advanced Trainingwill be two training days. It will be developed jointly by the Estonian Specialist Group andthe European Expert Group and should be ready by May 2004. Two cycles of the coursewill be taught in Autumn 2004, and two cycles in 2005. The course is preparatory coursefor the next level training.

To complete this, the STE’s will collaborate with ELCF and PAA to elaborate the agenda,and develop course materials, mentor the partner members of the Specialist Group to assistthem in developing their teaching materials, provide teaching, and assess the AdvancedTraining.

c. Carrying out training courses of expert level in EU law (Expert Training)

7-11 short term expert for 187 working days = 56 training days + 78 mentoring days +53 preparation days+ PAA

The third level of training is expert level training. The Expert Training builds on theAdvanced Training and offers judges follow up from the advanced course and case studiesin key areas of the acquis. This will include case studies in (1) in recent trends in ECJ courtpractice (2) European regulation in targeted areas of the acquis (especially the fourfreedoms, competition law, and social policy decided in collaborations between PAA,STE’s and Specialist Group) (3) case studies in differing effects of European legalinstruments, and discretion in member state policy formation (pre-emption) (4) in handlingclaims in member state courts, especially the preliminary reference procedures, andproviding interim relief, including recent trends in standards for referrals (5) in fashioningremedies for claims based on European law (including state liability), and (6) internationallegal cooperation (cross border judgment enforcement, money laundering, and anti-corruption).

It will be offered in three cycles in 2004, and four cycles in 2005. Each cycle will consist offour training days. These four training days will consist 2 days general training for allgroups and 2 days training in targeted substantive law areas (differs for different groupsaccording to the topic). Each member of the Estonian Specialist Group will partner inteaching at least one module of the advanced course. Target group is 210 judges, courtcounsellors, court advisors, prosecutors and advocates.

The PAA and STE’s in collaboration with the ELCF and the Specialist Group shouldelaborate the expert level training courses by March 2004. The PAA and STE’s will to

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elaborate the agenda, and develop course materials, mentor the partner members of theSpecialist Group to assist them in developing their teaching materials, provide teaching,and assess the Expert Training.

* Translation and training materials Phare 45.000 EUR

Simultaneous interpretation for training events and translation of the training materials intoEstonian, and copying of translated training materials for the participants of the trainingcourses.

The translation of training materials include specific teaching material developed by STEsfor the courses delivered through the current project (incl. lecture notes, case-studies,practical work-group questions etc). It is planned to translate into Estonian maximum 100pages teaching material on advanced level and 100 pages teaching material on expert level.In addition, it is planned to translate 50 pages specific teaching material per group(altogether 7 groups) on expert level. The cost of one page translation is 22 euros.

The costs for simultaneous translation of training events is accounted with 800 euros perday (altogether 36 training days).

All costs are based on official rates approved by Estonian Association of Translators andInterpreters.

* Traineeships (Study visits) in Member States and ECJ for the Expert group30 persons *10 days*200+ flights co-financing Phare 60.000 EUR + 30.000 EUR co-financing

Traineeships form an integral part of the specialist group training. The judges in thespecialist group will be EU contact persons for their courts. They need not only theoreticaltraining but also practical experience and an understanding how the EU lawimplementation process in reality functions. The training will include these principles, butit is important as well to see how this works in practice in court systems with establishedprocedures and higher levels of expertise. This is the basis for the proposal for study visitsin member state courts. It is equally important for the judges to see how the EC|J works,especially in handling preliminary references. Therefore their training program shouldinclude at least one short internship in the European Court of Justice. Such study visitsshould last 10 days – splitting the time between a visit to the ECJ, and Member Statecourts. In the previous projects the participants of study visits have unanimously expressedthe relevance and high value of study visits. This will take place in groups of five judgesper trip. To accommodate the entire Estonian Specialist group of 30 means three groups offive judges in each year 2004 and 2005. PAA is responsible for organising study-visits forall specialist group.

* Study visit for ELCF staff –5 days – 2 persons Phare 5.000 EUR + 4.000EUR co-financing

The first component is for study visits by two key ELCF staff member to European trainingcentres to learn how these centres develop and implement European law and general

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judicial training curricula. There should be 2 such study visits to take place in 2004 and2005.

* Other cost 110.000 EUR co-financingNational co-financing covers all twinning project training and implementation costs exl.study visits costs. From these costs for the organisation of events, rent of rooms andconference equipment is 28.000EUR, accommodation of participants 48.000EUR,transportation of participants 5300EUR, fees for Estonian lecturers (members of specialistgroup) 10.900EUR, daily allowances for participants 5800EUR and project managerssalary 12.000EUR.

* Audit Phare 5.000 EUR

3.4.2. Contract 2 – Investment – computer class + video-conferencing facility -29.000 EUR + 66.500 EUR co-financing – Total95.500EUR

The ELCF training strategy is oriented to combined training that includes in-class trainingand also parts of distance learning. The busy schedule of Estonian judges, limited numberof guaranteed training days and spaces in training groups and budgetary restrictions do notpermit them always to participate in necessary training events in ELCF training locations.

One component for the real success of the training activities is the development of thecomputer class with video-conferencing facility. The contemporary computer class ishighly needed to provide training on electronic EU law resources, distance learningenvironment as well as a forum in which judges can develop their skills needed to useelectronic data bases, court information system, electronic session planning system,document and resource management system, digital signature acceptance system and othermodules of the court information system. The computer class will require 14 computers andequipment for digital video conferencing. Also special equipment is needed for the creationof videoconferencing capacity in courts (7 courts), which will be financed on nationalresources.

The tool will be especially useful for the planned structure of specialist group and expertlevel training where every judge can participate physically only in one training group. Ifhe/she wants to take advantage of lectures provided during other training group courses thevideo-conferencing facility provides best and cheapest way for it. The videoconferencefacility will enable the ELCF to record training events for its future use in Estonia and inneighbouring countries.

The class and videoconference facilities will be used also in the future for all kindcomputer-based training courses for judges and prosecutors.

It is expected that tendering for the equipment will start in 2003 and installation by April2004. At that stage, the classroom will be ready for use in the computer training. Costsconnected with computer class are shown in the respective part of the fiche. Also thecomputer class as an integral part of the training and communication environment hasimportant role in successful completion of training activities. Estonian co-financing isprovided for hiring an IT specialist for installation and later maintenance of the class and

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videoconference facility and for purchase of equipment (for indicative list of equipment seeAnnex 6).

3.4.3. Lessons learned:

The ELCF has learned crucial lessons that will increase the effectiveness of this project.Most important, prior efforts to develop competence in teaching in European law met twobarriers. First, European experts have provided high level teaching, but it has been moredifficult to transfer this competence to Estonians who can’t provide similar quality levelsbeyond the scope of prior respective projects. It has been difficult to assemble and maintaina local teaching expert group, and difficult to provide the means for the local teachinggroup to develop pedagogical skills. The reasons for this are first that there is a severeshortage of European Law experts in Estonia especially compared to the demand for thisexpertise. The small number of persons who gained the expertise were quickly overloadedwith critical tasks and have not had the time to provide training. These people provided afew courses and then dropped out. Those who agreed to teach often did not have the time togo beyond assembling the technical information related to the topic at hand. Thus, theirpedagogical skills did not develop.This project will provide a stronger institutional framework, including full-time EU lawspecialist position in ELCF to develop the local expert group, and incorporate teaching,training, and mentoring to develop teaching skills of Estonian judges European law experts.Assembling a larger expert group from judges will help with the “overload” problem.Judges are busy, but the group and workload is stable. They are more likely, therefore, tostay in the specialist group, especially if they have incentives that are planned to beprovided locally. The mentoring throughout the project will include transfer of pedagogicalskills. In addition, the judges will have ongoing opportunities to learn more in teaching inthe ongoing judicial training curriculum. Mentoring will include discussion of teachingtechnique, comments on preparation of teaching materials, comments on the quality ofteaching at events where the teaching will be provided on a “partner” basis, and providingassessments of the overall teaching competence of the Estonian partner.The trainers will specialise to narrow EC law subject that allows preparing and providingfurther training without disturbing their every day professional work. Furthermore allparticipants to the training will be requested to sign a written commitment according towhich they will agree to remain in their position and further act as trainers after completionof the project, thereby ensuring the sustainability of this project.

Second, it is crucial to develop high quality teaching materials. In prior projects, materialswere developed but too late in the project and no local mechanism was developed forongoing improvements and updates of materials. This project will improve on this by (1)making materials development a key activity early in the project, (2) developing amechanism for ongoing updating (the specialist group will receive additional compensationfor updating in their specialist area) and (3) using computer technology to enhance thecapacity of the ELCF to develop more and better training and respective materials. Limitedexperiences with computer training for judges show that judges who received such trainingwill use actively computer-based information sources in their everyday work.

4. Institutional Framework

The main executive agency for the project will be the Estonian Law Centre Foundation.

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The Estonian Law Centre Foundation is a private law non-profit foundation that wasfounded in June 2 1995 and registered by Government in June 11, 1995. Founders wereMinistry of Justice, Supreme Court and Tartu University. It was founded for provision oftraining for legal professionals in public service and for advocates. National governmentco-financed renovation of the ELCF building situated next to the Supreme Court buildingand it was opened for training events in August 1998. Members of the Supervisory Boardare Minister of Justice, Chairman of the Supreme Court, Head of prosecutors Office, LegalChancellor, Rector of the Tartu University, Dean of the Law Faculty of the TartuUniversity, representative of the Legal Committee of the Estonian Parliament and oneforeign legal scientist-specialist.

The Estonian Law Centre Foundation (ELCF) was nominated according to the new CourtsAct as a national judicial training centre with competence to prepare and implementtraining according to the decisions of the Training Council.

It has its own building (training centre) in Tartu and currently employs 12 people. Four ofthem are employed in the training department competence centre and these positions arefinanced through state budget.

Basic activities of the ELCF are currently heavily concentrated in developing the judicialtraining system including composition and management of yearly training programs forjudges, preparation of the training strategy for years 2005-2010, elaboration of program andexams for the new judges and preparation of judicial performance guidelines. In additionELCF organizes training events for prosecutors and advocates and has several projectsrunning for supporting better legislative environment in Estonia.

The main partner for the ELCF from the government is the Ministry of Justice and itsDepartment of Courts. ELCF will cooperate closely with the Judicial Training Council andchairmen (heads) of the courts. There will be no problems with training base in Estonia asELCF has its own building. Foreign partners and ECJ will ensure access to their judicialtraining centres. The implementation of the project will certainly raise the capacity ofELCF and Estonian courts to handle immediate accession problems connected with theenforcement of acquis by Estonian courts.

The National Government has been through the Ministry of Justice the main source offinances for the ELCF, which from its side provided different professional training coursesto Estonian lawyers and delivered different informational services. The budget of the ELCFis composed mainly of funds provided by the Estonian Parliament through the SupremeCourt for judicial training and of project-related resources.

In the "National strategy for training judges and prosecutors in 2001-2004" developed incooperation with ELCF, Ministry of Justice, Supreme Court, Prosecutors Office and TartuUniversity and accepted by the Government with respective decision in February 20, 2002and which was the basis for organising training for judges and prosecutors before adoptionof the new Courts Act, ELCF was described as the main training centre and most importantpartner to the Ministry of Justice in organising training for judges and prosecutors.

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5. Detailed Budget

Phare SupportInvestmentSupport

InstitutionBuilding

TotalPhare(=I+IB)

National Co-financing*

IFI* TOTAL

Contract 1 Twinning1.a. PAA1.b Preparation oftwinning covenant1.c PAA assistant1.d. MS project leader1.e. STE for training1.f. Translation andmaterials1.g. Study visits1.h. Study visits forELCF staff1.i. Other cost1.j. Audit

624.000180.00010.000

12.00012.000295.00045.000

60.0005.000

5.000

624.000180.00010.000

12.00012.000295.00045.000

60.0005.000

5.000

144.000

30.000 4.000

110.000

768.000180.00010.000

12.00012.000295.00045.000

90.0009.000

110.0005.000

Contract 2 29.000 29.000 66.500 95.500

Total 29.000 624.000 653.000 210.500 863.500

* In cases of co-financing only

National joint co-financing for contract 1 Twinning consists of judicial training eventsexpenditures planned into national budgets for the years 2004 and 2005. Co-financing forcontract 1 is 144 000 EUR and for Contract 2 – 66 500 EUR and is under the separatebudget line of Supreme Court budget. Contract 2 national co-financing is covered from thenational budget expenditures for the ELCF IT specialist salary (30 500 EUR parallel co-financing for 2004 and 2005) and 36 000EUR joint co-financing for computer class andvideo-conference equipment (video-equipment will be entirely borne by co-financing)The amounts for co-financing indicated in the table correspond to cash co-financing. Inaddition, in-kind contributions from the Estonian administration for effectiveimplementation of the twinning/twinning light/TA may be further detailed in the twinningcovenant/Terms of references.All co-financing shown is in cash.The negotiations with Minister of Finance will took place on June 31. It was agreed that co-financing for this project will be included into budget as separate article except IT specialistsalary which will be included into ELCF regular budget. The co-financing expenses will bemonitored by the beneficiary and the NAO. For the earmarked co-finance, a clear andverifiable set of costs will be provided. The beneficiary will define which budget lines arethe source for co-financing. Flow and stock data on co-finance will be submitted quarterlyfor steering committees, twice a year to the Sector Monitoring Working Group.The beneficiary, together with the NAO commits to sound financial management andfinancial control.

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6. Implementation Arrangements

6.1 Implementing Agency

The Implementing Agency is the CFCU. The CFCU will be responsible for tendering andcontracting. The responsibility for project preparation, implementation and control willremain in the ELCF.

The Programming Authorising Officer/PAO is Mr. Renaldo Mändmets, Deputy SecretaryGeneral of the Ministry of Finance,Suur-Ameerika 1, 15006 Tallinn. Phone: (+372)6 113 545; fax: (+372)6 966 810; e-mail:renaldo.mandmets@fin.ee

The Programme Officer/PO is: Mr. Tonu Anton , Chairman of the Estonian JudicialTraining Council, Lossi 17, 51003 Tartu. Phone: (+372) 7 309 014; fax: (+372) 7 309 003,e-mail: tonu.anton@nc.eeThe PO is responsible for the overall implementation and monitoring of this project.

The Project Leader is Mr. Daimar Liiv, Director of ELCF, Lossi 19, 51003 Tartu. Phone:(+372) 7 300 460; fax: (+372) 7 300 470; e-mail: daimar@lc.ee

The Project Manager is Ms Janika Friedenthal, Senior Training Expert, TrainingDepartment, ELCF, Lossi 19, 51003 Tartu. Phone: (+372) 7 300 472; fax: (+372) 7 300470; e-mail: janika@lc.ee

The Project Manager is responsible for the daily management and all technical aspects ofproject implementation.

A Steering Committee will be set up to oversee the project implementation. The SteeringCommittee will meet once in a quarter and include the project representatives of the ELCF(leader and manager), Programme Officer, the designated Judicial Training Council, arepresentative from the department of courts from the Ministry of Justice, the Chief ofAdministration of the Supreme Court, a representative from the Prosecutor General’sOffice, the EC Delegation in Estonia and the Ministry of Finance (CFCU).

6.2. Non-standard aspects

No non-standard aspects are foreseen. The DIS Manual and Practical Guide will strictly befollowed.

6.3. Contracts

Twinning contract (624.000 EUR Phare, 144 000 national co-financing) and 1investment contract (29.000 EUR Phare, 36 000 EUR national co-financing) –forequipment purchase.

7. Implementation SchedulePlease update

Project Activity Start of tendering Start of ProjectCompletion of activity

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ActivityTraining program(including ELCF stafftraining)

November 2003 April 2004 April 2006

Computer class November 2003 April 2004 June 2004

8. Equal Opportunity

At the implementation of the project there will be no discrimination on the grounds of race,sex, sexual orientation, mother tongue, religion, political or other opinion, national or socialorigin, birth or other status. Equal opportunities for women, men and minorities will beensured by the Steering Committee during the implementation of the project. The Estonianlaws, regulations and ratified international conventions concerning the equal opportunitiesfor women, men and minorities will strictly be followed. Equal opportunity for men andwomen to participate in the project will be measured by recording the experts andconsultants employed. The project will allow for equal access to the Estonian SpecialistGroup and to training for men and women. Due to the high representation of women in thejudiciary, this will have the overall effect of promoting a higher level of professionalstanding for women.

9.Environment

Not Relevant

10.Rates of return

Return from the investment included in the project will include funds received from parallelfee based training provided to other target groups (especially private lawyers).

11.Investment criteria

Catalytic effect – equipment of the computer class and its active use for training judges onEU law databases and other legal resources is crucial for the success of the project and willhelp judges in implementation of EU law immediately after the accession. Withoutcomputer class relevant courses will have only partial impact.

ELCF have composed preliminary feasibility study and technical specifications for theequipment to be purchased. After the installation the computer class will be in active usefor judicial and other legal specialists training. The maintenance cost of the class will becovered by the ELCF from the training fees.

Investment does not have negative impact for the environment.

Sustainability

To ensure sustainability of the project, the Estonian government has in place an ongoingmechanism for implementing ongoing judicial training. This includes the financing ofadministration and for courses. The Specialist Group will receive special knowledge andskills in this project and they will continue teaching in this ongoing programme. A key

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question is whether the project provides sufficient guarantees that the specialist group willbe able to meet this role. There are several factors that provide assurances that they will.The specialist group will be designated by the local courts, and from an institutionalperspective, have a commitment to participate. Moreover, they will receive a special titleand elevated status as European law experts. Finally, it will be a conditionality for theproject that the specialists will receive contracts that will set forth their commitment toprovide further training in the judicial curriculum. As they do this teaching, they willreceive additional compensation. This compensation will include payment for updatingmaterials and preparation of video materials. These funds will be paid from the statebudget.

12.Conditionality and sequencing

Conditionalities

- The project is conditional upon written agreement of Ministry of Justice on its scope andactivities, as well as specific measures to ensure sustainability of the training.- The project is conditional upon written agreement from the Prosecutors office on theparticipation of prosecutors to the training.- Implementation of the training activities is conditional upon the successful delivery ofprevious activities of Phare ES01.04.02 Enhancing the Administrative of the Court System.- Written agreements with Specialist Group that they will remain in this position after theproject for a period of three years, and provide additional training in at least one area asreasonably feasible within the ELCF ongoing judicial training curriculum within thatperiod.

SequencingELCF should form the Estonian Specialist Group in cooperation with the Heads of theCourts before the activities will start.European Expert Group develops curricula and training materials for advanced and experttraining – April 2004 to June 2004Computer Class is established and tested – May 2004Estonian Specialist Group successfully completes its intensive training to allow forparticipation in expert training – June 2004Successful completion of advanced - December 2005 and expert training cycles – April2006

Successful assessments of the project in 2004 and 2005 by European expert – April 2006

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ANNEXES TO PROJECT FICHE

Annex 1 Logical framework matrix

Annex 2 Detailed implementation chart

Annex 3 Contracting and disbursement schedule by quarter for full duration of programme(including disbursement period)

Annex 4 Feasibility Study on Development of the Computer Classand Videoconferencing System

Annex 5 Summary of the training analyses

Annex 6 Estimated list of equipment

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Phare log frameLOGFRAME PLANNING MATRIX FORProject

Programme name and number 2003/005-850.01.04

BUILDING COMPETENCE IN EUROPEAN LAW IN THE ESTONIANJUDICIARY

Total budget: 863.500EUR

Phare budget: 653.000EUR

Overall objective Objectively Verifiable Indicators Sources of VerificationEstonian courts have expertise to providerulings for the implementation of EC Law andinternational conventions relevant for EUmembership.

At the end of the project (April2006) the judiciary assesses work ofEstonian Specialist Group aseffectiveEstonian judges begin to useEuropean law sources in opinionsduring the project after completionof first training block (Autumn2004),

ELCF questionnaire tojudiciary

ELCF assessment ofEstonian judicial opinions

Project purposes Objectively Verifiable Indicators Sources of Verification AssumptionsTo improve the competence of the Estoniancourts to handle claims based on European law

Estonian Specialist Group andjudges have passed expert leveltesting in European law by the endof the project (complete by April2006)Procedures for handling Europeanclaims is standardized by the end ofthe project (April 2006)

Exam resultsJudicial rules and judicialhandbooks

Estonian judicialtraining programmescontinueSufficient judges willbe available to fill outthe EstonianSpecialists Group

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Results Objectively Verifiable Indicators Sources of Verification AssumptionsCONTRACT 1:Estonian Specialist Group of 30 judges andprosecutors has been trained in European law atthe expert level, and is teaching Estonian judgeson an ongoing basisECLF has established well-elaboratedcurriculum, course materials and teachersneeded to implement ongoing expert training inEuropean law to Estonian judges, andprosecutors and provided it at least for 210judges, prosecutors.

CONTRACT 2:Computer class and video conferencing facilityis established and operating on an ongoingbasis.Estonian judges have access to increasednumber of specialized video courses and textsin European law translated into Estonianlanguage.

1. Specialist Group (30) passesexam (June 2004), judiciaryassesses teaching (after eachtraining module that is offered)2.Programme assessments by theend of the project showcurriculum is completed for 210judges, and prosecutors (April2006)3. Forty translated case studieson key ECJ opinions areavailable to judges (case studiesshould be ready for each expertlevel module. The 7 groups eachwill use different case studies)

4. Computer class with 14computers andvideoconferencing facility isequipped and operating (by June2004)

Exam results and courseassessments

ELCF monitoring andreporting

Activities Means Cost (EUR) Assumptions

1. Training activities and projectmanagement

Twinning contract

1.a-1.i. PAA (12 months)1.a-1.i. 7-14 ST experts (296

PhareEstonia

Expert group found withnecessary qualificationsand expertiseAppropriate study trip

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1.a. Preparation of the twinning covenant1.b Carrying out training course for thespecialist group1.c Carrying out training course of advancedlevel EU law1.d. Carrying out training courses of expertlevel in EU law1.f. Translation and training materials1.g. Study visits to specialist group1.h. Study visits of the ELCF staff1.i. Other cost

2. Development of the computer class

days over two years)

Procurement contractIT specialist hired

Total 1:624 000 144 000

Total 2:29 000 EUR 66 500 EUR

Total TotalPhare Estonia co-financing

653 000 EUR 210 500 EUR

found

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ANNEX 2 TIME IMPLEMENTATION CHART

Project N°: 2003/005-850.01.04Project Title: Building Competence in European Law in the Estonian Judiciary

2003 2004 2005J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D

Contract 1 TwinningTraining

T T T T C I I I I I I I I I I I I I I I I I I I I I

Contract 2Procurement ofequipment

T T T T C I I I

2006J F M A M J J A S O N D

Contract 1 I I IContract 2

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ANNEX 3aCUMULATIVE CONTRACTING SCHEDULE (by quarters)

Update with final budget, and new contracts twinning /investmentProject N°: 2003/005-850.01.04Project Title: Building Competence in European Law in the Estonian Judiciary

2003 2004 2005I II III IV I II III IV I II III IV

Training andinstitution buildingContract 1 624.000 624.000 624.000 624.000 624.000 624.000 624.000 624.000Contract 2 29.000 29.000 29.000 29.000 29.000 29.000 29.000 29.000TOTAL 653.000 653.000 653.000 653.000 653.000 653.000 653.000 653.000

2006 TOTALI II III IV624 000 624 00029.000 29.000653 000 653 000

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ANNEX 3bCUMULATIVE DISBURSEMENT SCHEDULE (by quarters)

Project N°: 2003/005-850.01.04Project Title: Building Competence in European Law in the Estonian Judiciary

2003 2004 2005III IV I II III IV I II III IV

Training andinstitution buildingContract 1 90 000 140 000 210 000 280 000 350 000 420 000 490 000 550 000Contract 2 29 000 29 000 29 000 29 000 29 000 29 000 29 000 29 000TOTAL 119 000 169 000 239 000 309 000 379 000 449 000 519 000 579 000

2006 TOTALI II III 30.11

624 000 624 000 624 000 624 000 624 00029 000 29 000 29 000 29 000 29 000653 000 653 000 653 000 653 000 653 000

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ANNEX 4

Feasibility Study on Development of the Computer Classand Videoconferencing System

Background

A major problem of the Estonian judiciary and lawyers in general in connection with using modern ITsolutions for their everyday tasks is that most of the judges and lawyers have not received any contemporarycomputer training. This includes basic computer skills as well as use of computers at their workplaces.Therefore many of them have shortcomings even in basic computer skills and even do not use Estonianelectronic legal resources. As most of the European Union information is easily available in electronic formatand less available in traditional paper format in Estonia it will be extremely important to train judges in usingrespective databases (CELEX and others) in connection with their everyday duties.

The problem was raised by judges in the survey of training needs conducted by ELCF in Autumn 2002. Aftercompleting the survey, the ELCF started to explore possibilities to organize specialized computer training forjudges, prosecutors and other lawyers. Unfortunately there are currently no specialized computer trainingproviders in Estonia who could offer this training. Two leading Estonian computer-training companiesexpressed interest but connected possible cooperation with establishment of a computer classroom in theELCF building.

The computer classroom should not be seen only as the installation of a certain number of computers. TheELCF intends to establish the computer classroom also as a technical support center for our general trainingpurposes which will enable the ELCF to use modern technical solutions for conducting simulations and roleplay training, video conferencing, broadcasting through Internet training events and recording special trainingprograms etc. This means that the respective technical means should be acquired and installed.

Following from the abovementioned situation a preliminary analysis of technical solutions for the computerclass and video-conferencing facility was conducted by ELCF Information Department.

1. Computer Class

Demand Analysis

An important part of European law training will require development of computer and Internet based trainingand services. This need arises from the following: (1) more and more sources of information concerningEuropean law are best accessed electronically, (2) European law training will have to adapt quickly to therapid development of the law, and Internet based training services are the only means to keep up, (3)European law is complex, making it necessary to blend Internet based and class based training. Estonianjudges, however, have little knowledge of and skills in using Internet based EC law resources. The ELCF wasnominated to become the judicial training center only in 2002 and does not have at present enough materialresources to provide such training. At the moment, the ELCF has computer equipment only for administrativestaff. The only dedicated IT equipment ELCF currently has for training is one computer in its conferenceroom, to serve two digital projectors (one installed and one portable).

One of the main components of ELCF institution building in technical side is the development of thecomputer classroom. The contemporary computer class is urgently needed to provide training on electronicEU law resources, create a distance learning environment as well as a forum in which judges can develop theskills needed to use electronic data bases, the court information system, the electronic session planningsystem, document and resource management systems, the digital signature acceptance system and othermodules of the court information system.

Technical Solution

1. General requirements for the computer classroom

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1.The computer classroom will require 14 computers - 13 for trainees workplaces and one for a teacher.

2.The computer classroom should be easily manageable and portable. It should be possible to transportcomputers so that they may be used in the rented conference facilities and to organize training in the largercourts.

3.There should be a guaranteed possibility for easy and quick installation of Internet access for the computersnot only in ELCF building but also in possible rented training rooms.

4.The computers should be equipped with basic software including an operating system and professionaloffice software and antivirus protection. If any special software, for everyday use in courts, will becomeavailable, it will be installed for training purpose as well. Installation of any additional software will fundedfrom national resources.

5.As most of the training will use Internet resources and office software there are moderate requirements forthe hardware performance as most of the computers currently on the market can easily cope with these tasks.The choice should be made keeping in mind the longest possible presumptive life of the investment.

2. Specific recommendations for the computer class

1. The configuration of the computers should consist of dependable quality small form-factor PC-s and LCDscreens. Such a configuration will allow the ELCF to transport the computer class between the two maintraining locations of ELCF, Tartu and Tallinn (currently under development). Also an important aspect of thechoice is that the computers have to be quiet enough to provide low noise comfortable training environment.There must be good local service and support for the brand of computers chosen.

Dell Optiplex GX260 small form-factor desktop computer.http://www.euro.dell.com/countries/uk/enu/pad/products/series_optix_desktops.htmDell OptiPlex desktop computers have been recommended to fulfill the above requirements. An importantaspect of this choice is that the Dell computers are known for being one of the quietest dependable qualityPC-s on the market to provide a comfortable training environment. This proposal is supported by good localservice and support for this brand of computers. If some other manufacturers solution will be selected theselection should remain in the same price range and meet the same requirements specified above.

Dell 17” LCD displayhttp://dellware.euro.dell.com/dellstore/dellware/config/default.asp?s=ukpad&l=en&m=gbp&c=UK110203&n=&cu=ukpad&v=d&cc=&ogn=&kcd=&ad=&mc=&rs=&cuid=&cg=&pch=1&pn=0&demo=&gc=&sbc=none&co=&b=DUKLOSKU-730-11013As mentioned before LCD displays are recommended mainly because of their lightweight and portability.They also save space, enabling the ELCF to install the class in smaller rooms and using compact furniture.This ensures that the participants are closer together making it easier for the instructor to supervise themindividually. Suggested screen-size for training is 17” as this is current industry average and providescomfortable enough usage with reasonable price.

2. For the best interactive training a touch screen whiteboard is suggested. It is intuitive tool for computertraining that allows educator to control projected computer applications by pressing on the board's, touch-sensitive surface and it enables one to write on screen with a whiteboard marker to give dynamicpresentation. The software package has to enable the system to take the screen image of any trainees’computer to be projected on the big screen and guide the participant through the task while all otherparticipants can observe what is going on.

Smart Board interactive whiteboard 560

http://www.smarttech.com/products/smartboard/Touch screen whiteboard with diagonal active screen area 152.4 cm to be used together with LCD projectorthat ELCF already has available.

In addition to computer training, this board can be used in other forms of ELCF training for better interaction,including distance training. http://www.smarttech.com/education/distanceed.asp

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3. For easy and quick installation of Internet access, the class needs to be equipped with hi-speed (22Mbps orbetter) wireless (WiFi) network adapters and an access point.

TrendNet Wire TN 22Mbps wireless networking.http://www.trendware.com/products/f_wireless-accesspoint.htmhttp://www.trendware.com/products/f_wireless-adapter.htmIn order to establish wireless networking, PCI adapters must be installed in every computer and one accesspoint per classroom. This recommendation is based primarily on the price. TrendNet is the cheapest high-speed wireless networking solution currently on the market. TrendNet has introduced also a 54Mbps wirelesssolution but at the time of the current study this technology has not yet reached to the local market. Thereforewe have not been able to get the price.

List of Equipment

Item Price Quantity Total PriceDell Optiplex GX260 small form-factor desktopcomputer(Final configuration depends on the marketsituation and price negotiations on the time ofpurchase) 670 14 9380Dell 17” LCD display 444 14 6216Smart Board interactive whiteboard 580 3 552 1 3 552Smart Board Floor Stand 570 867 1 867Wireless Connection for Smart Board InteractiveWhiteboards

709 1 709

Wire TN PCI card 22Mbps TrendNet 90 14 1260Wire TN Access Point w. Bridge 22MbpsTrendNet

152 1 152

MS Windows XP Professional (OEM) 165 14 2310MS Office XP SB EST (OEM) 274 14 3836Symantec Antivirus Corporate Edition 8.0 ForWorkstations License

4814 672

Symantec Antivirus Corporate Edition 8.0 MediaPack

33 1 33

Total: 28987Current estimates are based on the current market situation and offerings. Due to the fast pace ofdevelopment in the IT industry the configuration may be adjusted by the time of purchase to make the bestinvestment within the available budget.

2. Video Conferencing System:

Demand Analysis

The ELCF training strategy is oriented to combined training that includes in-class training and also parts ofdistance learning. The busy schedule of Estonian judges, limited number of guaranteed training days andspaces in training groups and budgetary restrictions do not permit them always to participate in necessarytraining events in ELCF training locations.

The ELCF currently has the capacity and experience to develop Web based asynchronous training toolsneeded to create “communities” of learners sharing access to common pools of training materials includingcourse materials, working together on joint tasks without any of the normal restrictions of time and space.

Currently the ELCF lacks the technology to implement synchronous real-time video and data broadcasting.This capacity would ease the communication between learners and lecturers and create possibilities for morewide and effective training.

Video conferencing capacity is especially useful in case of training events based on foreign lecturers. In thiscase even if the training group size in training site is limited, the technology enables the ELCF to broadcasttraining events through Internet. This would save time and also money spent on travel and accommodation as

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the judges and lecturers can use video conferencing according to their local videoconferencing capacity. Realtime video and data broadcasting will complement traditional asynchronous web-based training providingbetter contact and real time feedback to the tutors.

Technical Solution

1. General requirements for the system

6.The system should be standards-based and inter-operable with other video-communication systemsespecially keeping in mind possibility to engage foreign lecturers.

7.The system should enable to network between 4 to 12 synchronous sites to cover regionally all mostimportant courts.

8.The system should enable to use IP and ISDN connections.

9.There should be positive experience of using, maintaining and servicing such a system in Estonia.

10.The system should be easily manageable after installation by local staff in courts.

2. Specific recommendations

The proposed solution should be based on Polycom technology. The advantages of this platform selection arethat Polycom systems are completely standards-based and inter-operable with other video communicationsystems. This enables smooth interaction with any of the systems that foreign lecturers might be using. Thereis adequate local competence in Estonia to develop and service video conferencing systems based on thistechnology.

The main ELCF training sites in Tartu and Tallinn should be equipped with the more advanced models ofvideoconferencing appliances for engaging lecturers on those sites. The Polycom models proposed areiPower 680 for Tartu and ViewStation SP128 for Tallinn site. The Tartu site is recommended to have anadditional camera to provide a more dynamic picture. ELCF currently possesses digital miniDV camcorderthat can be used for this reason. Adapter Between Camera and Central Unit is required to connect additionalcamera. ImageShare II software is recommended to integrate data stream, such as PowerPoint presentationsor any other presented data, with the Internet broadcast.

The system should depend on multipoint access bridge for connecting up to 12 synchronous sites enabling theuse of IP and ISDN connections. As it is not feasible to equip very small courts with such system it isadvisable to cover at least 7 largest courts in the regional centers. Members of the small courts can travel tothe closest regional center. The study groups have to be composed accordingly. As ELCF Conference Hall isvery close to Supreme Court and Tallinn site will be close to Harjumaa county court there is no need forseparate system in those courts.

Although it would be cheaper to implement one-way Internet based video broadcasting where the participantsin different locations just attend lectures. But this arrangement doesn’t provide any feedback to the lecturerand there is no possibility of synchronous discussion between the lecturer and distant participants.

Ten of the largest courts in Estonia will be equipped with simple computer based systems Polycom ViaVideothat needed to participate in the training and provide feedback to the lecturer. Providing a dedicated room foreducation and the computer where the system will be connected will be up to the court itself.For more information about Polycom technology visit http://www.polycom.com/Suggestions are based on experience and knowledge of well-recognized local video conferencing solutionsprovider AS Datel as well on experience of several users of such equipment including Tartu University.http://www.datel.ee

List of Equipment

Item Price Quantity Total PricePolycom iPower 680 11 317 1 11 310

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Polycom ViewStation SP128 5 228 1 5 228Adapter Between Camera and Central Unit forconnecting additional camera

848 1 848

IP 12 Point Video Bridge 7 920 1 7 920ImageShare II software 996 1 996Polycom ViaVideo 959 7 6 713Installation, consulting and user training for ITstaff in courts

100 per hour30 3000

Total: 36015Current estimates are made based on the current market situation and offerings. Due to the fast pace ofdevelopment in the IT industry the configuration may be adjusted by the time of purchase to make the bestinvestment with available budget.

Study was conducted by the Head of ELCF Information Department Mr. Veiko Laanjärv

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ANNEX 5

Summary of the training analysis, autumn 2002

The training analysis concluded in Autumn 2002 was meant to develop information in a variety of areas.These included judges’ evaluations of (1) training that had been offered so far (hereinafter “general part” ofthe questionnaire), (2) the system of providing information about training events, (3) the places and times fortraining that had been offered, (4) teaching methodology offered and needed, (5) themes that should befurther covered, and recommendations for lecturers, and (6) a request for additional recommendations.

The ELCF took in the data from the judges and created general statistical data, along with summaries of theircomments. Most of the comments provided by judges related to programs other than European law trainingand are not relevant here. Some conclusions may be drawn, however, from the general comments and thespecific comments about European law training.

Looking over the comments provided about training that has been offered so far, one sees that training inlocal substantive law has predominated the agenda for training. This is a rather large agenda, and the judgesbelieve that this training was necessary. It is not likely, therefore, that the judges would have had time toconsider in any detail how European law claims are likely to affect their day-to-day work. Indeed, in thegeneral part there are only few comments about European law. This suggests that by and large, judges are notyet aware of the problems that are likely to develop after membership when they must deal with Europeanlaw claims on a regular basis. In itself, this means there is a need to develop this awareness

There also were comments about the European law that has been provided so far that suggest the need fornew thinking about how to develop such training. The answers to questionnaire sent out to judges showedthat previous EC law training has been too theoretical, general and hasn’t had enough practical link betweendaily work of judges and the material provided through training.

Turning to themes that judges felt were needed, there were comments that (1) basic training in European lawis needed, (2) more practical training that relates to the court practice in the ECJ is needed, as well as how tohandle claims, (3) assistance in how to better understand precedent, and use ECJ opinions, (4) training in howto handle preliminary reference responsibilities, (5) training in various substantive areas of law, and (6)training in harmonization.

In the section about additional ideas and recommendations judges commented that (1) EC law training hasnot been offered in a regular enough fashion, without sufficient needs assessments of Estonian judges, (2) inlight of the obligations of judges once Estonia becomes a member state more intensive training is needed onthe procedures to follow in order to fulfill this responsibility, and (3) distance training might be a way toprovide more training given the judges’ time and schedule constraints.

When asked about lecturers, the judges were not able to identify Estonian lawyers that they wouldrecommend. They did identify several foreign lecturers, and there was a suggestion that it would be useful todevelop more Estonian teachers.The above suggests that (1) there may be ongoing issues of how to satisfy the judges’ need for training inselected areas of European law (to be addressed at least in part by Phare 2001), (2) Estonian judges are notsatisfied with the amount of training that has been offered that would allow them to handle European claimsin court. This means that there is a rather “huge” need for training in the above area. This was confirmedwhen in the Spring of 2003, over 90 judges attempted to register for basic training offered by the ELCF onEuropean law. This represented nearly half of the entire Estonian judiciary, and it was beyond the capacity ofthe ELCF to satisfy the demand.

ANNEX 6Estimated list of equipment

Computer Classroom

Item Price Quantity Total PriceDell Optiplex GX260 small form-factor desktop670 14 9380

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computer(Final configuration depends on the marketsituation and price negotiations on the time ofpurchase)Dell 17” LCD display 444 14 6216Smart Board interactive whiteboard 580 3 552 1 3 552Smart Board Floor Stand 570 867 1 867Wireless Connection for Smart Board InteractiveWhiteboards

709 1 709

Wire TN PCI card 22Mbps TrendNet 90 14 1260Wire TN Access Point w. Bridge 22MbpsTrendNet

152 1 152

MS Windows XP Professional (OEM) 165 14 2310MS Office XP SB EST (OEM) 274 14 3836Symantec Antivirus Corporate Edition 8.0 ForWorkstations License

4814 672

Symantec Antivirus Corporate Edition 8.0 MediaPack

33 1 33

Total: 28987

Videoconferencing System

Item Price Quantity Total PricePolycom iPower 680 11 317 1 11 310Polycom ViewStation SP128 5 228 1 5 228Adapter Between Camera and Central Unit forconnecting additional camera

848 1 848

IP 12 Point Video Bridge 7 920 1 7 920ImageShare II software 996 1 996Polycom ViaVideo 959 7 6 713Installation, consulting and user training for ITstaff in courts

100 per hour30 3000

Total: 36015

Estimates are based on the market situation and price quotes made at the time of conducting the FeasibilityStudy in June 2003. The items listed are subject to change. There will be an open bid for the equipment andthe offer for the procurement of equipment with the best specifications within the available budget will beaccepted. The bid will not be limited to specified manufacturers if competing products meet the expectedminimum specifications set forth in the Preliminary Feasibility Study.