ANNEX 1: LOGICAL FRAMEWORK
LOGFRAME PLANNING MATRIX FOR PROJECT
Programme name and number
Transition Facility 2007
Further assistance in the field of judicial cooperation in civil, Contracting period expires
commercial and criminal matters
15.12.2009
Total budget: MEuro 0.2775
Overall objective
Disbursement period expires
15.12.2010
TF budget: MEuro 0.245
Relates
to
Copehagen List of other projects with same
criterion and Acquis chapter objective
Council
Decision
2008/976/JHA of 16
December 2008 on the
European Judicial Network
To strengthen the institutional and
Council
legislative framework in the field of 2001/470/EC:
Decision of 28 May 2001
international judicial cooperation
establishing
a
European
Judicial Network in civil and
commercial matters
Project purpose
Objectively
Indicators
Verifiable Sources of Verification
To get the practitioners (judges,
prosecutors, court clerks and specialized
personnel working in the Ministry of
Justice and the Citizens’ Freedoms)
acquainted with the new instruments of
the European Union judicial cooperation
Knowledge acquired
in into practice
practitioners in the
judicial cooperation
commercial
and
matters
and put Project reports
by the
field of
in civil,
criminal
Assumptions
No delays in starting the project.
National
budget
resources
available.
Close cooperation between the
Twinning partners.
Interest
of the Romanian
participants in the particular
topics on judicial cooperation in
civil, commercial and criminal
matters, as presented in the set of
guidelines, training sessions, and
manuals elaborated within the
project
Absence of unforeseeable major
obstacles beyond the control of
the
Project
which
could
potentially hinder work-progress
as scheduled.
Results
Objectively
Indicators
Verifiable Sources of Verification
Criminal matters
Result 1
A set of guidelines containing best
practices and recommendations for the
implementation of the recent EU
instruments in the field of criminal
judicial cooperation elaborated for the
use of the practitioners (judges and
prosecutors members of the Romanian
judicial network in criminal matters,
staff of the Ministry of Justice and
Citizens’ Freedoms, judges and
prosecutors from all level of
jurisdiction, court clerks, representatives
from the enforcement bodies)
Civil matters
Result 2
A manual on judicial cooperation in
civil and commercial matters to be used
The
set
of
guidelines
elaborated and disseminated to
the members of the Romanian
Judicial Network in criminal
matters, judges and court
clerks working in the field.
Project reports
Evaluation of the set guidelines
made by the Beneficiary
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
Assumptions
Gathering
the
relevant
information on the most recent
instruments in criminal matters
(the
principle
of
mutual
recognition,
the
European
evidence warrant, the procedural
rights of persons and fostering the
application of the principle of
mutual recognition to decisions
rendered in the absence of the
person concerned at the trial, best
practices, analysis, etc)
100 manuals on judicial Project reports
Gathering
the
relevant
cooperation in civil and
information on the most recent
commercial matters elaborated Evaluation of the manual made by instruments
in
civil
and
and disseminated to members the Beneficiary
commercial matters
(the
by the practitioners ((judges and
prosecutors members of the Romanian
judicial network in civil and commercial
matters, staff of the Ministry of Justice
and Citizens’ Freedoms, judges and
prosecutors from all level of
jurisdiction, court clerks, representatives
from the enforcement bodies) elaborated
and disseminated to central and local
level.
Result 3
Following a training of trainers
approach, a number of 20 judges and
prosecutors trained as trainers in a cycle
of three seminars in the most recent EU
instruments in the field of judicial
cooperation in civil matters, on topics
agreed with the Beneficiary.
of the Romanian Judicial
Network
in
civil
and
commercial matters, as well as
to judges, prosecutors and
court clerks in order to
improve their activity in the
field.
Result 4
One leaflet for informing the citizens on
their rights and procedures to be
followed in case they are victims of
cross-borders crimes elaborated. The
leaflet shall be based on the provisions
of the Council Directive 2004/80/EC
relating to compensation to crime
victims.
2000 hard copies of leaflets Project reports
Gathering
the
relevant
elaborated and disseminated to
information on the rights of the
courts and prosecutors’ offices Evaluation of the leaflet made by citizens and procedures to be
at central and local level.
the Beneficiary.
followed in case they are victims
of cross-borders crimes.
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
3 seminars organized and 20 Project reports
magistrates trained, able to
apply the most recent EU Attendance lists
instruments in the field of
judicial cooperation in civil
and commercial matters.
principle of mutual recognition,
jurisdiction and the recognition
and enforcement of judgments in
civil and commercial matters,
international recovery of child
support and other forms of family
maintenance, law applicable to
maintenance obligations, best
practices, analysis, etc)
National
available.
budget
resources
Availability and regular presence
of the Romanian participants to
the organized events.
The knowledge acquired through
the training is put into practice
and further disseminated by the
trainees.
Result 5
The Ministry of Justice and Citizens’
Freedoms library endowed with specific
books, materials, provided for the use of
the practitioners in the field of judicial
cooperation.
About 50 titles from Romanian Project reports
and foreign literature in the
field of international judicial
cooperation purchased.
The titles from Romanian and
foreign literature in the field of
international judicial cooperation
are available on the market
during the period of the
implementation.
Activities
Means
Assumptions
Twinning Light contract
Criminal matters
Activities under Result 1
1.1 Elaborating a set of guidelines with
recommendations
on
judicial
cooperation in criminal matters which
focuses on the most recent EU
instruments in field (namely the Council
Framework Decision 2008/909/JHA of
27 November 2008 on the application of
the principle of mutual recognition to
judgments in criminal matters imposing
custodial sentences or measures
involving deprivation of liberty for the
purpose of their enforcement in the
European Union; Council Framework
Decision
2008/978/JHA
of
18
December 2008 on the European
evidence warrant for the purpose of
obtaining objects, documents and data
for use in proceedings in criminal
matters;
Council
Decision
2009/299/JHA of 26 February 2009
amending
Framework
Decisions
2002/584/JHA,
2005/214/JHA,
2006/783/JHA, 2008/909/JHA and
Project reports
Evaluation of the set guidelines
made by the Beneficiary
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
Gathering
the
relevant
information on the most recent
instruments in criminal matters
(the
principle
of
mutual
recognition,
the
European
evidence warrant, the procedural
rights of persons and fostering the
application of the principle of
mutual recognition to decisions
rendered in the absence of the
person concerned at the trial, best
practices, analysis, etc)
2008/947/JHA, thereby enhancing the
procedural rights of persons and
fostering the application of the principle
of mutual recognition to decisions
rendered in the absence of the person
concerned at the trial).
1.2 The set of guidelines will be printed Twinning Light contract
in 100 copies and disseminated to the
judges, prosecutors and court clerks
working in the field of judicial
cooperation in criminal matters. The
electronic version set of guidelines will
be posted on the website of the Ministry
of Justice and the Citizens’ Freedoms,
National Institute of Magistracy and
National School of Clerks.
1.3 Organizing 1 study visit, for one Twinning Light contract
week,
for 5 persons (judges,
prosecutors,
ministry’s
specialists,
members of the Romanian Judicial
Network in criminal matters) to a
Member State in order to facilitate
direct contact of Romanian practitioners
with practitioners from other courts
allowing for the exchange of practices
with regard to the enforcement of the
Council
Framework
Decision
2008/909/JHA of 27 November 2008 on
the application of the principle of
mutual recognition to judgments in
criminal matters imposing custodial
sentences or measures involving
deprivation of liberty for the purpose of
their enforcement in the European
Project reports
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
Project reports
National
budget
resources
available.
Availability of the Romanian
participants at the organized
event
Readiness of the Romanian
participants to cooperate with
their EU counterparts.
Union; Council Framework Decision
2008/978/JHA of 18 December 2008 on
the European evidence warrant for the
purpose of obtaining objects, documents
and data for use in proceedings in
criminal matters; Council Decision
2009/299/JHA of 26 February 2009
amending
Framework
Decisions
2002/584/JHA,
2005/214/JHA,
2006/783/JHA, 2008/909/JHA and
2008/947/JHA, thereby enhancing the
procedural rights of persons and
fostering the application of the principle
of mutual recognition to decisions
rendered in the absence of the person
concerned at the trial.
Twinning Light contract
Civil matters
Activities under Result 2
2.1. Elaborating a manual on judicial
cooperation in civil and commercial
matters which focuses on the most
recent EU instruments in the field
(namely Lugano Convention on
jurisdiction and the recognition and
enforcement of judgments in civil and
commercial matters; Hague Convention
on the international recovery of child
support and other forms of family
maintenance, concluded on the 23th of
November 2007; Hague Protocol of 23
November 2007 on the Law Applicable
to Maintenance Obligations).
2.2. The manual will be printed in 100 Twinning Light contract
Project reports
Evaluation of the manual made by
the Beneficiary
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
Project reports
Gathering
the
relevant
information on the most recent
instruments
in
civil
and
commercial matters (the principle
of mutual recognition, jurisdiction
and
the
recognition
and
enforcement of judgments in civil
and
commercial
matters,
international recovery of child
support and other forms of family
maintenance, law applicable to
maintenance obligations, best
practices, analysis, etc)
copies and distributed to the members of
the Romanian Judicial Network in civil
and commercial matters, judges and
court clerks working in the field. The
electronic version of the manual will be
posted on the website of the Ministry of
Justice and the Citizens’ Freedoms,
National Institute of Magistracy and
National School of Clerks.
Twinning Light contract
Activities under Result 3
3.1. Elaborating the training plan for the
training sessions for judges and
prosecutors working in the field of
judicial cooperation in civil matters,
(schedule, group of participants, etc) to
be delivered under the activity 3.2, by
the project’s experts. The training plan
will include topics such as: the
jurisdiction and the recognition and
enforcement of judgments in civil and
commercial matters, the international
recovery of child support and other
forms of family maintenance, the law
applicable to maintenance obligations
etc.
3.2 Delivering 3 training sessions of 2 Twinning Light contract
days each on a training of trainers
(TOT)’
approach,
each
for
approximately
20
judges
and
prosecutors, from different courts and
prosecutors’ offices.
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
Project reports
Project reports
National
available.
budget
resources
Attendance lists
Availability and regular presence
of the Romanian participants to
the organized events.
The knowledge acquired through
the training is put into practice
and further disseminated by the
trainees
Twinning Light contract
Activities under Result 4
4.1 Elaboration and printing of leaflets
containing
information
on
the
provisions of Council Directive
2004/80/EC relating to compensation to
crime victims, as well as on how to
make use of the crime victims’ rights in
practice.
Project reports
4.2. The leaflets will be printed in 2000 Twinning Light contract
copies and distributed at central and
local level, to courts and prosecutors’
offices, for the use of citizens. The
electronic version of the leaflet will be
posted on the website of the Ministry of
Justice and the Citizens’ Freedoms,
National Institute of Magistracy and
National School of Clerks.
Twinning Light contract
Activities under Result 5
5.1. Endowing the Ministry of Justice
and Citizens’ Freedoms library with
new titles on EC law and Judicial
International Cooperation and other
topics related to the results of the
present project – elaborating, in
agreement with the beneficiary, the list
of titles to be purchased and carrying
out the procurement procedures.
Project reports
Gathering
the
relevant
information on the rights of the
Evaluation of the leaflet made by citizens and procedures to be
the Beneficiary.
followed in case they are victims
of cross-borders crimes.
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
Ministry of Justice and Citizens’
Freedoms, National Institute of
Magistracy’s and National School
of Clerks’ web site
Project reports
The titles from Romanian and
foreign literature in the field of
international judicial cooperation
are available on the market during
the period of the implementation.
Annex 2 - DETAILED TIME IMPLEMENTATION CHART FOR THE PROJECT
2009
2010
COMPONENT
I A
S
O
N D January
February
March
April
May
June
Twinning
component
D D
C
C
C I
I
I
I
I
I
Legend:
D = design
C = contracting
I = implementation
R = review
X = closure
I
July
August
Septemb
er
Annex 3 - CUMULATIVE CONTRACTING AND DISBURSEMENT SCHEDULE
All figures in million EURO
31.08.2009 30/11/2009 31/12/2009 30/06/2010
CONTRACTED
Twining
DISBURSED
Twining
0.245
0.20
0.245
Annex 4
LIST OF RELEVANT LAWS AND REGULATIONS
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Law no. 304/2004 on the organization of the judiciary (amended);
Law no. 303/2004 on the statute of magistrates (amended);
Law no. 317/2004 on the organization and functioning of the Superior Council of Magistracy (amended);
Law no. 302/2004 on International Judicial Co-operation in Criminal Matters (amended);
Law no. 189/2003 on International Judicial Assistance in Civil and Commercial Cases (amended);
Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in
criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European
Union;
Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects,
documents and data for use in proceedings in criminal matters;
Council Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA,
2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual
recognition to decisions rendered in the absence of the person concerned at the trial;
Council Directive 2004/80/EC relating to compensation to crime victims
Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
Hague Convention on the international recovery of child support and other forms of family maintenance, concluded on the 23th of
November 2007
Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations.