Ukraine: Harmonisation of Competition and Public Procurement Systems in Ukraine with EU Standards

EU service contract

Team Leader: Heinrich Hölzler
Responsible at the IRZ: Teresa Thalhammer

The IRZ carried out this project from January 2009 in an international consortium. The project was headed by the GIZ; further partners were the PM Group (Ireland) and EIPA (Netherlands). The project, which had a budget of 4.3 million Euro, was originally set to last 30 months. It was already extended for the third time in December 2012, and ultimately ran until May 2013. During the total of 52 months, finally, a budget of more than 5.3 million Euro was dispensed. The content of the project, which comprised the three components of competition law, state aid and public procurement law, was to modernise the market economy of Ukraine towards the legal standards of the EU. The project work revolved around supporting the Antimonopoly Committee of Ukraine (AMCU) in the shape of assessment of the consequences of statutes and further training, particularly in competition law. The AMCU was to be expanded to become a modern competition authority. The competences of the AMCU currently include the enforcement of the competition laws, as well as working out implementation guidelines. Additionally, the authority is mandated to hear appeals in public procurement procedures. Both the Ministry for Economic Development and Trade, as well as the Finance Ministry, were beneficiaries of the project. In the public procure award law component, the adoption of the Ukrainian Act on Public Procurement was regarded as the most important success, which was materially deliberated on by project experts, and which came into force in August 2010. Some of the Act's initial shortcomings have been remedied after a minor legal amendment in May 2011, so that the Act can be regarded as a major step in the legal approximation of contract award law towards European standards. Accordingly, Ukraine has also already been included in the EU's official public procurement database (SIMAP). The project work in the state aid component consisted of the adoption of a Ukrainian State Aid Act, which had already been prepared in the draft stage.

 

Funded by the European Union

Croatia: Further Improvement of Institutional Capacity of all Misdemeanour Courts

Closing event

Closing event

EU-Twinning

Project Leader: Christian Schmitz-Justen
RTA: Rado Brezovar
Responsible at the IRZ:: Petra Fortuna, Beatrix Tatay

This project was a continuation of the CARDS 2004 project which IRZ completed in November 2009. It made a successful contribution towards reducing backlogs both in the misdemeanour courts and in the entire judiciary in Croatia.

The follow-up project was also successfully completed in December 2014 after a total term of 30 months. The overriding goal was to further improve the modus operandi and the management of all misdemeanour courts in Croatia. The project partners focused on the organisation of the management of the courts.

More efficient workflows in misdemeanour proceedings

The project partners introduced new workflows in selected courts in order to optimise the misdemeanour procedure. Judges are to be freed of superfluous tasks in order to enable them to focus on their actual judicial work. The project furthermore evaluated and implemented a new concept of the legal system on misdemeanours. Instead of spreading the first-instance
jurisdiction territorially over all misdemeanour courts nationally, certain types of court procedure were focused on and centralised in individual courts. Additionally, cooperation between the core institutions in the chain of misdemeanour case-law was optimised and improved.

Action plan to eliminate backlogs

In order to eliminate backlogs, an office was set up at the Supreme Misdemeanours Court which monitors progress in overcoming this problem. An international standard for indicators of court performance was used as a basis for the action plan to provide orientation. Furthermore, the project partners supported the publication of the misdemeanours courts’ caselaw, thus making it more readily available for expert lawyers, as well as for the public.

White Paper on working conditions in the misdemeanour courts

The project partners developed a White Paper within the third and final component which contains an analysis of the general working conditions of all misdemeanour courts:

  • general working conditions
  • office size
  • technical equipment
  • the need for renovation

The drafting of the White Paper was accompanied by a cost-benefit analysis. The White Paper forms the basis for an action plan by means of which working conditions can be created which corresponds to EU standards for court buildings.

 

Funded by the European Union

Turkey: Towards an Effective and Professional Justice Academy

Steering committee meeting

Steering committee meeting

EU twinning

Project Leader: Ernst Merz
RTA: Hans-Ulrich Borchert
Responsible at the IRZ: Dr Julie Trappe, Christine Stiller


After a term of two years, the lead partner IRZ, together with the Hungarian Judicial Academy, successfully implemented the project with the Turkish Judicial Academy on 15 December 2014.

Practical day-to-day cooperation with the Academy was made particularly difficult in 2014 by the fact that virtually the whole staff of the Academy had been changed. The successors of the previous contacts tried to familiarise themselves with the project and its modus operandi, so that a certain amount was nevertheless achieved in 2014.

It was possible to continue in 2014 the training courses for trainers which had been very well received by the Turkish colleagues, so that roughly 210 trainers had successfully completed the training by the time it ended.

A main focus of the work was placed on developing a practical training and course strategy for the Academy. The project partners made proposals for improvements on this which were however difficult to implement because of the staff changes which took place in the Academy.

In the also very important field of training in human rights, five judges attended a six-month internship at the European Court of Human Rights in Strasbourg in 2014, so that, within the project as a whole, a total of ten Turkish colleagues had the opportunity to undertake practical work in the field of human rights.

With regard to the Academy’s public relations work, as well as drawing up an appropriate manual, the experts also put forward concrete proposals for improving the public relations work. Productive meetings were held with the colleagues from the Academy on the proposals drawn up by the twinning team for a reform of the ordinances on theoretical and practical training for the judiciary or for the public prosecution office. The Turkish partners have agreed to implement the proposals.

 

Funded by the European Union