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ÎN SERVICIUL JUSTIȚIEI

The Training System of Clerks

THE TRAINING SYSTEM FOR CLERKS is different for each of the following 3 categories of clerks provided by the Romanian legislation.

The Law no. 567/2004 regarding the status of the auxiliary personnel working in law courts and prosecutor’s offices and of the personnel working within National Institute of Forensic Expertise, as further amended, provides an initial training period for clerks recruited by national competition, organized by National School of Clerks, coordinated by the Superior Council of Magistracy. The initial training within the National School of Court Clerks lasts for a period of 6 months. NSC’ graduates having passed the classes and the final examinations are allotted a position within Romanian courts or prosecutor’s offices.

The initial training within the National School of Clerks has a dominant practical nature, our final objective being to provide the trainees with a sufficient training that allows them to successfully cope with the activity to be carried out within the courts and prosecutor’s offices. The 6 months of initial training include approximately 4 months of apparently theoretical training, which is in fact an applicative training, a month of internship within the courts and prosecutor’s office of Bucharest, study visits and the final examination. Considering the fact that the current class is exclusively composed of legal higher education graduates, their training is focused on the manner in which the knowledge acquired at the law school may be effectively used, when exercising the clerk’s profession. 

The initial training curricula at National School of Clerks aims at providing future clerks with the basic knowledge on relevant legislation necessary for the accomplishment of their tasks, as well as developing specific abilities and attitudes. The training program comprises a theoretical part (courses and seminars related to topics such as civil law, criminal law, civil and criminal procedure, EU law, judicial cooperation in civil and criminal matters, Human rights, IT, typing, communication and PR, non legal professional skills, ethics, clerk’s activity management, foreign languages), a practical stage (internship) within the Bucharest courts/ prosecutors’ offices and study visits at public institutions within Romanian judiciary.

Romanian legislation also provides an induction period for the archiving clerks and documentary clerks. For the archiving clerks and documentary clerks, who are recruited on a local level, the Law no. 567/2004  regarding the status of the auxiliary personnel working in law courts and prosecutor’s offices and of the personnel working within National Institute of Forensic Expertise, as further amended, provides a period of probation (induction) of 2 months.

The main topics covered during the induction period for archiving clerks and documentary clerks are: civil procedural law, criminal procedural law, communication, ethics and judicial organization.

The National School of Clerks also provides continuous training of clerks and other auxiliary personnel within the courts and prosecutor’s offices, on the basis of a training Program approved by the Superior Council of Magistracy. According to law No. 567/2004, clerks and other auxiliary staff within the courts and prosecutor’s offices have to attend continuous training courses at least once every 5 years.

The continuous training program includes activities in the regional training centers, at the premises of courts and prosecutor’s offices, distance education (e-learning), and blended learning method (for clerks recruited through contests for the direct occupation of the clerk vacancies).

The continuous training of clerks and other auxiliary personnel within the courts and prosecutor’s offices provides for the following subjects: Criminal Procedural Law, Civil Procedural Law, ECRIS, Criminal Executions,  International Judicial Cooperation in Civil Matters, International Judicial cooperation in Criminal Matters, Communication and Ethics, Archiving and the Registry, Non-legal Skills, Typewriting, Random Allocation of Cases, Romanian Language, Legal English, The Procedure to Prevent Insolvency and Insolvency Procedure, Classified Information, Statistics, STATISECRIS, The Activity of the Clerk Appointed at the Judge’s Office for Supervising the Deprivation of Liberty, Public Communication and Mass-Media Relations.

The law allows the organization of contests for the direct occupation of the clerk vacancies, by courts of appeal or prosecutor’s offices under the courts of appeal, or by the High Court of Cassation and Justice or its prosecutor’s office or by National Anticorruption Directorate, but only if the activity is seriously affected by the large number of vacancies.

The Romanian legislation also provides an induction period for the clerks recruited through contests for the direct occupation of the clerk vacancies, contests organized by courts of appeal or the prosecutor’s offices under the courts of appeal, or by the High Court of Cassation and Justice or its prosecutor’s office, or by National Anticorruption Directorate, but only if the activity is seriously affected by the large number of vacancies.

The Law no. 567/2004 regarding the status of the auxiliary personnel working in law courts and prosecutor’s offices and of the personnel working within National Institute of Forensic Expertise, as further amended, provides a period of 6 months within which those clerks have the quality of beginner clerks. After passing 6 months of working within courts and prosecutor’s offices, the beginner clerks have to pass a final exam.

The training of the clerks recruited through contests for the direct occupation of the clerk vacancies is organized through blended Learning: in the first stage they attend distance courses (e-learning), designed with particular properties of theoretical knowledge necessary for exercising the clerk’s professional duties; in the second stage, conducted in the regional training centers, the training emphasizes the preparation of procedural documents which are the responsibility of the clerks, in order to implement the knowledge gained during the first training sessions.  The main topics studied by the beginner clerks are: Civil procedural law, criminal procedural law, communication and ethics.

 

Romanian legislation provides 3 types of evaluation of the existing induction period:

 

  • National School of Clerks is the structure responsible for the evaluation of initial training sessions organized for NSC’s trainees (evaluation of the trainees, on the one hand, and evaluation of the trainers and of the relevance of the training activities, on the other hand). The evaluation of the trainers and of the relevance of the training activities is realized through questionnaires. The evaluation of the trainees is performed both under the form of an ongoing assessment, as well as under the form of a final examination. At the end of the initial training period, the trainees sit for examinations at three subject matters, established on an annual basis by the Managing Board of the School and the average of all the grades obtained during the training period is computed, and the ranking table thus created being the criterion according to which the graduates choose their positions.
  • There is also a scheme in place to evaluate the existing induction period training activities dedicated to the beginner clerks, who are obliged to pass a final evaluation test (at the of the induction period). According to Superior Council of Magistracy Decision no 181/2007, after passing 6 months of working within courts and prosecutor’s offices, the beginner clerks have to pass a final exam; after passing that exam, the beginner clerks become permanent clerks. So, the beginner clerks are evaluated through this final exam. 
  • The law provides also a special evaluation for the archiving clerks and documentary clerks, who are recruited through contests for the direct occupation of the vacant clerk offices, contests organised by courts of appeal or the prosecutor’s offices under the courts of appeal, or by the High Court of Cassation and Justice or its prosecutor’s office, or by National Anticorruption Directorate. The evaluation of the archiving clerks and documentary clerks is made by an internship coordinator, supervised by a NSC representative, according to the decision of the Superior Council of Magistracy no 647/2010. The curriculum for the internship of the archiving clerks and documentary clerks is approved by Superior Council of Magistracy.

 

 

 

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