Friday 03 Sep.
2021
09.30
Opening session
Welcome from the organisers and introduction to the Forum
Biljana Braithwaite, Western Balkans Programme Director, the AIRE Centre
Goran Miletić, Director for Europe, Civil Rights Defenders
Dr. Pavel Usvatov, Director of Rule of Law Programme for South East Europe, Konrad Adenauer Foundation
Short address from the city hubs
10.10
Keynote speech: The Rule of Law under Pressure – Reflections
on the Independence and Impartiality of the Judiciary
Judge Robert Spano, President of the European Court of Human Rights
10.30
Break
11.00
Panel discussion
The key criteria to determine if a tribunal is independent, impartial and established by
law – a discussion in light of recent developments in the case law of the ECtHR
Moderators: Ledi Bianku and Biljana Braithwaite
Panelists: Judge Ksenija Turković, Judge Tim Eicke, Judge Ivana Jelić
1. The right to a “tribunal established by law” as a standalone right, including an
overview of recent, relevant developments in the ECtHR caselaw.
2. The key criteria to determine if a tribunal is independent.
3. The key criteria to determine if a tribunal is impartial.
11.45
Questions and contributions
Introduction by Judge Faris Vehabović
Questions and interventions from hubs across the region
12.30
Break
13.30
Panel discussion
The relationship between independence and impartiality and other Articles of the Convention
Moderator: Judge Erik Wennerström and Goran Miletić
Panelists: Judge Paul Lemmens, Judge Branko Lubarda, Judge Jovan Ilievski
1. The relationship with other aspects of Article 6 including the presumption of
innocence, the right to a hearing within a reasonable time, the right to a public
hearing and the requirement to provide reasons for judgments.
2. The right to an independent and impartial tribunal established by law as an aspect
of the procedural protections which arise under other Convention rights.
3. The rights of judges: striking a balance between protecting the rights of judges
as individuals and the requirement for them to preserve the independence
and impartiality of the judiciary in the discharge of their duties.
14.15
Questions and contributions
Introduction by Judge Darian Pavli
Questions and interventions from hubs across the region
14.45
End of Day 1
Forum continues in regional city hubs until 17h00 with moderated
discussion on the key challenges to protecting the independence
and impartiality of the judiciary in the countries of the region and
sharing best practice in overcoming these challenges
Saturday 04 Sep.
2021
09.30
Overview of the situation in the Western Balkans
Live reporting back from the national working groups via video link
Moderator: Krešimir Kamber, the Jurisconsult ́s Directorate, European Court of Human Rights
10.50
Break
11.15
The role of the Venice Commission in safeguarding judicial independence
Thomas Markert, Former Director and Secretary of the Venice Commission
11.30
Panel discussion
Safeguarding the right to an independent and impartial judiciary established
by law – key challenges and best practice in the region
Moderators: Judge Tim Eicke and Biljana Braithwaite
Panelists: Judge Robert Spano, former Judge Mirjana Lazarova Trajkovska and former Judge Ledi Bianku
1. The role of the judiciary (including transparency, publicity, judicial training and ethics).
2. The role of other branches of government.
3. The role of other institutions, for example judicial councils and the media.
12.15
Questions and contributions
Questions and interventions from hubs across the region
13.00
Closing discussion
Conclusions from the Forum
13.15
END OF THE FORUM