Liina Reisberg
Head of the Legal Information and Judicial Training Department of the Supreme Court
New composition of the Training Council and new strategy for the training of judges
On 8 June 2023, new judge members of the Training Council were elected at the court en banc in Narva: Kai Härmand and Margit Jõgeva from the first instance, Elina Elkind and Oliver Kask from the circuit courts, and Heiki Loot and Kalev Saare from the Supreme Court. Maarja-Liis Lall, Üllar Roostoja and Heili Sepp became substitute members. Since 19 September 2023, Supreme Court Justice Heili Sepp has been the chairman of the Training Council and Tartu County Court Judge Margit Jõgeva the deputy chairman. The non-judge members of the Training Council remained the same. The Prosecutor’s Office is represented by Laura Aiaots, the Bar Association by Imbi Jürgen, and Katre Luhamaa from the University of Tartu also belongs to the Council. When it comes to the Ministry of Justice, Head of the Courts Division Eneli Kivi took the baton from Kaidi Lippus at the beginning of 2024.
The first major task of the new Council is to adopt the Judicial Training Strategy 2025-2027, the development of which has already begun. The change in strategy comes at a time when several other major initiatives have been launched in the judicial system: a new development plan for the courts is being written and work is underway on the court administration model and the competence model of judges. The training strategy must therefore go hand in hand with other changes concerning the courts. There are plans to adopt the strategy in the autumn of 2024.
Overview of judicial training in 2023
In 2023, 68 training courses were organised, with a total duration of 88 training days. It was a busy year, with eight more training courses than in the previous year and 20 more training days than last year (68 days in 2022). The share of online learning decreased and that of on-site learning increased. Similarly to the previous couple of years, participation in flexible learning, i.e. both on-site and online, was possible in the case of about a third of the training courses (see Figure 1).
Figure 2 shows that in recent years, when online and flexible training courses have been offered, the number of participants has also increased, reaching almost 3500 in 2023. Both prosecutors and lawyers continue to have a strong interest in the training of judges: prosecutors participated in such training on 39 occasions and lawyers on 389 occasions. The rising indicators are also influenced by the fact that some of the training courses were prepared in cooperation with the Bar Association and the Prosecutor’s Office. In this case, the number of participants is also equally divided.
It is pleasing to see that almost everyone was reached in the main target group – among judges. Figure 3 shows that 234 of the total 243 judges attended training last year, representing 95% of the judiciary. Compared to 2022, 28 more people participated in training. This growth trend has continued for the last four years (see Figure 3).
In addition to the fact that the judiciary is active in learning, the selection of the best training provider was also a welcome occasion. This title was awarded to Elina Elkind in 2022 for her well-organised training courses.
New initiatives in 2023
In 2023, a number of new initiatives in the training of judges were introduced.
A digital gateway was opened for starting judges in the Moodle learning environment, where six mandatory training courses of the starting judges’ programme are available for independent learning. This way, as soon as a judge takes office, they will have access to the essential training materials. This need has been strongly emphasised in previous years, as study groups were full of starting judges and sometimes they had to wait for half a year or more for the important training day.
Educational videos have also been created for the digital gateway, which include working with a digital file, creation of templates for the court information system, keyword search in the court information system, the use of xLaw, an overview of the courts’ intranet and the removal of metadata from a decision. The most common questions asked by starting judges have been taken into consideration when compiling the material. In particular, educational videos could be useful for those who take up office coming from outside the courts and seeing the information systems for the first time.
Independent learning tests on the Estonian language and judicial ethics are also available in the digital gateway. Examples of tables and document templates, which are helpful in the management of proceedings (e.g. a table containing a formula for calculating the length of proceedings or colour codes indicating which of the members of the procedural group has performed the last action in the case) have been collected from experienced judges. Thanks to this, starting judges do not have to create tools on their own. Hopefully, the judge’s desktop in the court information system will also cover this need in the future. The digital gateway enables the exchange of files as well as forums as a preliminary and follow-up activity to a specific training course. These possibilities have already been tested in the first learning groups, but their wider introduction is still being planned.
In cooperation with the Ethics Council of Judges, the Bangalore[2] Principles[3] and their comments explaining the behaviour and ethics of judges were sent for translation. The translation will be completed and made available to the judiciary in 2024.
The new feedback form for starting judges (a summary of the cooperation discussion between the starting judge and the mentor), which was approved by the Judge Examination Committee on 27 June 2023, can be highlighted as a significant step forward.
For the first time, a two-day motivational seminar was organised for experienced judges who have held office for at least ten years. The seminar was held at Taagepera Castle Spa Wagenküll. The feedback from the participants shows that bringing together experienced judges for discussions on the management of work processes is important and the seminar should be organised in the future as well. In recent years, as the generation of judges has changed, there has been a great emphasis on supporting the induction of starting judges, which is why no attention has been paid to the exchange of practices and the sharing of the joy of work between experienced judges. The Training Council has also included a motivational seminar in the 2024 training programme.
In 2023, the possibilities for conducting searches in the extensive video library and training materials on the judicial training website were upgraded: a search engine was created so that all recordings, slides and other materials can now be found based on their field. We want judges and judicial clerks to make active use of the option to watch videos on demand. In 2023 alone, 31 recordings were added to the judicial training website.
The year 2023 was also distinguished by the fact that the participation of judicial clerks in external training was supported financially, thus strengthening the development opportunities of the next generation of the judiciary.
When it comes to new ventures, the Supreme Court joined the Academy of European Law’s (ERA) project ‘Baltic Network of EU Law Expert’ as a partner. Under this project, training on European Union law is organised for judges in the Baltic countries. The first training sessions funded through the Internal Security Fund’s project ‘Training for court officers and prosecutors’ took place. Training on topics related to minors continued to be provided under the Norway programme. The Norway programme will end in 2024, but in the case of a successful application, the Supreme Court will be able to receive project funding for training related to the rights of young people and minors from the European Social Fund+ in the coming years.
In addition, the US Department of Justice has approved funding for the period from March 2024 to March 2026 to support the training of the employees of Baltic law enforcement agencies (including courts) in the areas of corruption, money laundering and computer crime. The programme allows for the organisation of training days in both substantive and procedural law (including practical skills training) with study visits, the first of which will take place in Washington on 26-30 August 2024.
Programme for starting judges
For the second year in a row, there was a training programme for judges with fewer than three years of experience. All the training courses foreseen in the programme were offered, except for the course on legal information databases, which will take place in 2024. All judges who participated in the training course on the preparation of decisions were able to receive individual feedback from experienced judges. The interest of experienced judges in the training courses of the starting judges programme can be highlighted as a positive fact – a few of them also got the opportunity to participate in them.
In April, a three-day seminar was held for the second time to support the induction of new judges. The role and values of judges both in Estonia and on an international level, judicial ethics and the field-specific management of work processes and proceedings were discussed. Public speaking, body language and voice training were added in the field of skills training. The seminar supported the networking of judges working across Estonia. Feedback on the seminar was very positive, and in 2024, the seminar will also form part of the training programme.
In January 2023, a round table of chief judges and the mentors of starting judges took place. In spring, on the basis of the agreements of the round table and the proposals of a smaller working group, the form for summarising cooperation discussions between starting judges and their mentors was updated. Mentors supervising starting judges were offered one and a half days of training on instructional mentoring based on the new principles. It also touched on the principles of coaching. Based on the feedback, many participants were able to apply what they had learned, including in situations outside supervision activities. The training plan still needs to be developed in order to best meet the expectations of both starting judges and supervisors.
Most of the training for starting judges took place in the form of on-site training, which enlivened discussions, engaged participants and also offered the opportunity for a more informal conversation with colleagues. There was only one online training day that concerned drafting court decisions in the area of offences.
Training of judicial clerks and court officers
On the basis of an agreement between the Supreme Court and the Ministry of Justice, training continued to be provided to judicial clerks and court officers (the main target groups are the secretaries of court hearings, clerks, registry and land registry secretaries, and office directors). Nine training sessions were held. Based on the feedback received, the past year can be deemed successful in terms of legal training provided to court officers.
Judicial clerks were also invited to several training courses for judges, and they made very active use of this opportunity: 1066 judicial clerks attended, accounting for 30.5% of all participants. One hundred and sixteen people participated in the three training courses specifically meant for judicial clerks. The training courses concerned the following topics:
- Non-material damage in civil matters
- Offence proceedings against minors
- Preparation of court decisions in criminal and misdemeanour matters
In the framework of the training course ‘Non-material damage in civil matters’, the Supreme Court and the Ministry of Justice commissioned an extensive case law analysis ‘Claims for compensation for non-material damage in civil matters in 2020-2022’. It attracted a lot of media attention[4] and will remain at the disposal of judges and court officers as a necessary resource.
The following training sessions were also held for other court officers:
- Civil court proceedings
- Amendments to the Bankruptcy Act
- Introduction to the Natural Person Insolvency Act
- Cross-border movement of companies
- Developments and practical problems of property and land register law
- Problems with the implementation of the Commercial Register Act
The legal training of court officials will continue in 2024 as before, but the other party to the cooperation agreement is now the head of judicial training (Harju County Court) instead of the Ministry of Justice. Cooperation has been going well and the creation of this position has helped to better gather information on the training needs of court officers.
In 2023, the Supreme Court supported the participation of judicial clerks in external training provided by the European Judicial Training Network (EJTN). In order to support learning, a webinar was organised for judicial clerks at the beginning of the year to explain the details of how to register for and participate in external training. The webinar is available for watching on demand on the internal training website. In addition, up-to-date information was provided to judicial clerks on an ongoing basis. In total, in 2023, eight lawyers participated in external training on 14 occasions, and the largest number (6) were from Harju County Court.
In 2023, on its own initiative, the Supreme Court also offered judicial clerks the opportunity to participate in study visits organised by the EJTN. In total, the study visits took place on four occasions: to the Court of Justice of the European Union, the European Union Agency for Fundamental Rights, and the European Union institutions in Brussels. In the application process for study visits of the Supreme Court, judges always have priority. To resolve the situation, the Ministry of Justice would be able to join the EJTN as an associate member without having to pay any membership fees. In this case, judges and judicial clerks would not have to compete for training places.
External training of judges
The Supreme Court continues to actively participate in the work of the EJTN. Since 2018, Estonia has been a patron state of the ERA, which means that participation fees of the Academy’s training courses are more affordable. The Supreme Court finances the participation of judges in external training courses, the majority of which are those of the EJTN and ERA.
In 2023, judges of the first and second instance attended external training courses through the Supreme Court on a total of 58 occasions,[5] compared to 50 participants in 2021 and 86 in 2022. The increase in interest since then appears to be largely due to the lifting of restrictions related to coronavirus. On-site learning was preferred on 48 and online learning on 10 occasions last year (70 and 16 in 2022, respectively).
The largest number of participants in external training courses were from Harju County Court (23), followed by Pärnu County Court (9) and Tallinn Administrative Court (8). When compared by sector, external training was primarily attended by civil law judges (22) but also by administrative (8) and penal law judges (6). When viewed by educational institution, the largest number of participants (45 times) attended the training courses of the EJTN; ERA training courses were attended on eight occasions, and those of other educational institutions on five occasions. The participants’ average length of service as a judge was approximately 12 years.
In 2023, seven judges made study visits to the Court of Justice of the European Union, the European Union Agency for Fundamental Rights, the Bureau of the Hague Conference on Private International Law, the European Court of Human Rights, and the European Union institutions in Brussels.
The Supreme Court received six foreign judges from Poland, Germany, Romania, Hungary, the Czech Republic and Austria as part of the EJTN’s short-term exchange programme. In order to familiarise themselves with the Estonian justice system, meetings were held at the Ministry of Justice, Harju County Court, the Estonian Bar Association, Tallinn Circuit Court, the Office of the Chancellor of Justice, the Office of the Prosecutor General, the Supreme Court, and Tartu Prison. In the second week of the exchange programme, foreign judges underwent in-service training at Harju County Court and Tallinn Circuit Court, where local court proceedings were introduced to them by judges in the respective field. The foreign judges gave very good feedback with regard to the exchange programme.
Four Estonian judges participated in the EJTN’s short-term exchange programme in Europe, visiting colleagues in Slovenia, Finland, Latvia and Spain.
The Estonian Harju County Court participated in the bilateral group exchange programme of courts, visiting a court in Vilnius, Lithuania, in June and in turn hosting colleagues from there in Estonia in September.
Within the framework of the exchange programme of chief judges, the chief judge of a court of the first instance in Germany came to Estonia. In the course of three days, they met the chief judges and judges of Tallinn Administrative Court, Tallinn Circuit Court, Tartu Circuit Court and Tartu Administrative Court. The programme also included visits to the Ministry of Justice and the Office of the Chancellor of Justice. The chief judge of Viru County Court, who visited their colleagues in Croatia, took part in the same exchange programme as the representative of Estonia.
Conclusion
The year 2023 was full of activities, both in terms of the provision of training programmes and the initiation and implementation of adjacent projects. In cooperation with the new Training Council, the preparation of the Judicial Training Strategy 2025-2027 has begun. The busy year of training that has come to an end confirms that there is a great deal of interest in developing the field of training and creating high-quality opportunities for self-improvement.
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[1] The category ‘Others’ includes, for instance, advisors, consultants, assistant judges, bailiffs, and specialists.
[2] On 1 November 2014, the Prime Minister of the State of Karnataka announced a change in the official spelling of the name of the state capital. The new name – Bengaluru – was justified by the fact that its pronunciation is more characteristic of the Kannada language (see e.g. https://www.ibtimes.co.in/bangalore-mysore-other-karnataka-cities-be-renamed-1-november-611683). Estonia accepted India’s request and language advisers designated ‘Bengaluru’ as the basic form of the name in the same year (see e.g. place name database, http://www.eki.ee/knab/p_mm_et.htm). However, as the former name is common among the judiciary, the unofficial name ‘Bangalore’ is used in this yearbook.
[3] Bangalore Principles of Judicial Conduct. Commented edition. UNODC, 2007, preamble, p. 18. – http://www.unodc.org/documents/corruption/publications_unodc_commentary-e.pdf (05.02.2024).
[4] The analysis can be read at: https://www.riigikohus.ee/sites/default/files/analyys/Mittevaraline_kahju_2020-2022.pdf (05.02.2023). For media coverage, see e.g.: ERR news, 21 December 2023: https://www.err.ee/1609201474/au-teotamise-eest-moistetakse-aina-enam-huvitisi-valja-eraisikutelt (01.03.2024).
[5] Each time of participation has been taken into account. For example, if a judge attended three external training courses in the course of the year, three participation times have been taken into account.