REPORT ON THE EXCHANGE AND SUMMARY

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Alexis Oliver
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1 REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN within one month after the exchange. 2. Please use the template below to write your report (recommended length: 4 pages). 3. Please write in English or French. Should this not be possible, the report can be written in another language but the summary must be in English or French. 4. Please read the guidelines for drafting the report (in Annex). Feel free to add any other relevant information in your report. 5. The summary shall contain a synthesis of the most important information of the report. 6. Please note that NO NAMES, neither yours nor the ones of the persons you met during your exchange, should appear in the report in order to ensure anonymity 1. Initials can be used when necessary. Identification of the participant Name: First name: Nationality: Country of exchange: Great Britain Publication For dissemination purposes and as information for future participants in the Programme please take note that, unless you indicate otherwise, EJTN may publish your report in its website. In this case the report will remain anonymous and your name and surname will not appear. To this aim, please do not mention any names in the reports. Initials can be used instead. Please tick this box if you do not wish for your report to be published For completion by EJTN staff only Publication reference: 1 To that purpose, the first page of this report will be taken out before any possible publication Réseau Européen de Formation Judiciaire/ (aisbl) Rue du Luxembourg 16B, B-1000 Bruxelles; Tel: ; Fax: ; exchanges@ejtn.eu

2 For completion by EJTN staff only Publication reference: Identification of the participant Nationality: Polish Functions: judge Length of service: 8 years Identification of the exchange Hosting jurisdiction/institution: Royal Courts of Justice in London, Judicial Office for England and Wales City: Cardiff Country: Great Britain Dates of the exchange: October 2011 Type of exchange: one to one exchange group exchange general exchange specialized exchange (please specify : ) REPORT I. Programme of the exchange. During my stay in Cardiff I had the possibility to visit various courts and institutions: - Cardiff Civil Justice Centre I met the court manager and the judges working on that court. I could observe the hearings, see the files and talk about all the aspects of the work of judges dealing with civil law cases. I also had possibility to learn more about Personal Support Unit (which provides nonlegal support to litigants and their families) - University of Glamorgan I participate in a legal conference, organised by The Confederation of South Wales Law Societies in association with The Law School. I met legal practitioners there and I could listen to some lectures on current problems of British legal system - Probate Registry of Wales I met the Probate Manager and learn a lot about the law of succession and principles of inheritance - First Tier Tribunal I met First Trier Tribunal Judge; I could observe the hearing and discuss the problems which interested me, - Law Chambers I met senior family barrister and other lawyers working in the chambers. It helped me to learn more about British legal system also from the non-judicial perspective,

3 - Cardiff Magistrates Court I met the magistrates and officials working in the court; I could observe the hearings, I got a lot of information from the people I met, concerning the jurisdiction of the magistrates court and work of the magistrates and judges, - Cardiff Law School, Centre for Professional Legal Studies I met Senior Professional Tutor; I took part in a lecture on the subject of making interim application to court, - Family Court The Combined Court Centre in Merthyr Tydfil I met a Justice of the Peace and Chair of the Merthyr Tydfil Local Service Board; I gained a lot of information on the British family law system and the family courts practice, - Her Majesty s Prison Cardiff I met the members of the Independent Monitoring Board, they showed me round the prison - Cardiff Crown Court I met one of the judges who let me observe the hearing; I could discuss Crown Court criminal jurisdiction with him; I also got some information on the work of Cardiff Parole Board II. The hosting institution The programme of my visit in Cardiff was prepared by Royal Courts of Justice in London, Judicial Office for England and Wales. Before I came to Cardiff I had contact with the officials of that institution via . There was one person responsible for preparing teh programme and I had a constant contact with him. The programme was prepared according to my interest and some points of the programme were consulted with me. The programme was prepared very well. I was not directly in the hosting institution in London and did not met anyone form that institution in Cardiff. III. The law of the host country As I work in civil law court I was particularly interested in that part of British law. It was extremely interesting to observe the work of British courts and to learn a lot about the civil procedure. There were some solutions that I found very useful in everyday practise : - the case management, that helps to organise the whole trial in the most efficient way and let not to waste the time of the judge, other lawyers taking part in the trial (as well as the parties); telephone conferences in this part of trial are very good solution; - tree tracks of the trial (simple track, fast track and multi track), depending on the type and value of the case. It helps to find the way of proceeding most appropriate for the particular case. Again, it helps to organise the trial in the most efficient way. IV. The comparative law aspect in the exchange British and Polish legal system base on different sources of law; British legal system bases on common law whereas Polish system bases on statutory law. That is why those two systems are completely different. In Poland we have to follow the acts of law, which are very general and abstract; British system seems to be less formal, basing on case law and specific guidelines. Also the organisation of justice is different. In British systems a huge amount of small criminal and family cases are settled by voluntary judges, who are not professional lawyers but are chosen by the community and have large independence (but also responsibility). In Poland judiciary consists of professional, full - time judges who deal even with very small cases (so there are much more professional judges in Poland than in the Great Britain). In Poland lawyer may become a judge after law studies and special legal training. He or she does not have to have any experience in other law profession. It would not be possible in Great Britain, where judges are appointed from practising, experienced lawyers, practising mostly as barristers (or solicitors). V. The European aspects of the exchange During my visit in Cardiff courts and institutions I did not have many opportunities to deal with European law, which seems not to be widely used in resolving individual cases. Naturally, provisions of the European Convention of Human Rights are part of the legal system but it is not very common to refer directly to European law solutions.

4 VI. The benefits of the exchange I find the experience I acquired during my exchange very useful. I had learn a lot about British legal system and now it s easier for me to understand how it works. It happens more and more often that we have to deal with the cases somehow connected with British law (as many Polish people live or lived in Great Britain). Now it s easier for me to determine their legal situation, to understand the British documents concerning them. It would be also easier for me now to find the British institution that I should ask for help in particular cases (in judicial cooperation). Naturally, my colleagues would also benefit of my experience; if they have any problems relating to British law, I will help them within my capabilities. VII. Suggestions I was taking part in exchange programme for the first time. My visit was very well prepared and I had benefit a lot for those two weeks. I can t find any aspects of the programme that need improvement.

5 SUMMARY I took part in one to one exchange. I visited many courts and other institutions in Cardiff - that programme let me gain wider perspective and learn more about different aspects of British law. I could also compare Polish and British legal stsyems, finding the differences and similarities. Programme of my exchange was very well prepared. People are met in Cardiff (judges, other lawyers, magistrates, officials) were very helpful and answered all the questions I had concerning all legal aspects.

6 ANNEX GUIDELINES FOR DRAFTING THE REPORT I- Programme of the exchange Institutions you have visited, hearings, seminars/conferences you have attended, judges/prosecutors and other judicial staff you have met The aim here is not to detail each of the activities but to give an overview of the contents of the exchange. If you have received a programme from the hosting institution, please provide a copy. II- The hosting institution Brief description of the hosting institution, its role within the court organisation of the host country, how it is functioning III- The law of the host country With regard to the activities you took part in during the exchange, please develop one aspect of the host country s national law that you were particularly interested in. IV- The comparative law aspect in your exchange What main similarities and differences could you observe between your own country and your host country in terms of organisation and judicial practice, substantial law..? Please develop. V- The European aspect of your exchange Did you have the opportunity to observe the implementation or references to Community instruments, the European Convention of Human Rights, judicial cooperation instruments? Please develop.

7 VI- The benefits of the exchange What were the benefits of your exchange? How can these benefits be useful in your judicial practice? Do you think your colleagues could benefit of the knowledge you acquired during your exchange? How? VII- Suggestions In your opinion, what aspects of the Exchange Programme could be improved? How?

REPORT ON THE EXCHANGE AND SUMMARY

REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended