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JSCA and Fundación CONSTRUIR present judicial management assessment and model for Cochabamba

Cochabamba, January 15, 2018


In an effort to present the judicial management assessment and model proposed by JSCA and Fundación CONSTRUIR for Cochabamba, a socialization workshop was held in that city today. The event was attended by over 40 judges, prosecutors, defense attorneys, representatives of justice sector organizations and judicial system operators.

The activity is part of the “Pilot Project for Modernizing Judicial Management and Promoting the Use of Oral Procedures in Six Cochabamba Courts,” which seeks to support the implementation of civil, criminal and family justice reforms in Bolivia through the proposal of a new management model. This proposal will allow for changes to the work processes to be tested. Said changes will take place on various levels: i) case processing, separating mere paperwork from procedures that require more in-depth analysis; ii) hearing management so that they are held or rescheduled in a timely manner; and iii) organizational, designing or redistributing tasks in order to achieve more efficient judicial management. In addition, there is a proposal to use electronic notifications.

 

 

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JSCA to Offer Internship for Study on the Practice of Law in Latin America

The Justice Studies Center of the Americas (JSCA), an international agency of the inter-American system headquartered in Santiago de Chile, welcomes applications for a pro bono internship to join the team that is conducting a study on the practice of law in Latin America.


The study is being developed in the context of the project “Improving Access to Civil Justice in Latin America,” which JSCA is executing with the technical and financial support of the Government of Canada through Global Affairs Canada (GAC).

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JSCA Board of Directors Meets in Santiago and Appoints New Officials

Santiago, December 18, 2017

The XXXIV Meeting of the JSCA Board of Directors was held in Santiago de Chile on December 15. It was attended by Board members Santiago Pereira (President), Manuel Montecino (Vice President), Pedro Dallari, Douglass Cassel, George Thomson (via videoconference) and Daniel Petrone.

 

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JSCA Accepting Applications for Researcher for 2018

Santiago, December 7, 2017.

 

The Justice Studies Center of the Americas (JSCA), an international agency created by the inter-American system that supports justice system modernization processes in the region, is now accepting applications for the position of Researcher.

 

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Civil Justice Oral Procedure Activities Held in Argentina

November 30, 2017

As part of an effort to generate spaces for exchange and discussion, particularly among civil justice officials and judges, Universidad Torcuato di Tella (www.utdt.edu), the Argentine Procedure Law Association (https://aadproc.org.ar/ ) and the Justice Studies Center of the Americas (JSCA) launched the Civil Justice Oral Procedure Activities in Buenos Aires, Argentina.

The two-day activity is one of the results of the first version of the Inter-American Training Program on Civil Justice Reform offered by JSCA in 2016. This initiative provides a formal space in which legal professionals involved with civil reform processes can come together once a year to share knowledge and tools in order to increase their ability to contribute to the development of reform in their countries.

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Brazilian Prosecutors from Goias Learn about Chile’s Criminal Justice System

Santiago, November 29

 

Over the course of this year, JSCA has developed a set of activities in Brazil that are meant to strengthen and deepen connections in order to promote and broaden the discussion of the need for criminal procedure reform in that nation.



In order to learn more about the work of an adversarial criminal justice system from a practical perspective and based on Chile’s experience, professionals from the Goias state prosecution services participated in training program in Santiago de Chile. The three-day program was offered by the Justice Studies Center of the Americas (JSCA), which has developed a series of initiatives in Brazil in order to strengthen and deepen connections and promote and expand the discussion of the need for criminal procedure reform in that country.

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II Inter-American Training Program on Civil Justice Reform ends with invitation to participants to promote changes in their home countries

Santiago, November 24, 2017


The second version of the Inter-American Training Program on Civil Justice Reform offered by the Justice Studies Center of the Americas (JSCA) ended today. Participants were encouraged to design and propose activities that replicate the lessons learned in their home communities so that they can share the knowledge that they acquired. The international agency hopes to extend its network of knowledge through local activities so that changes to civil justice are promoted in countries throughout Latin America.

 

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November 15, 1999
(Adopted at the second plenary session, held on November 15, I999 and pending review by the Style Committee)

THE GENERAL ASSEMBLY, MEETING IN SPECIAL SESSION, HAVING

SEEN the report presented by the Chair of the Special Group to Implement the Recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas during the meeting of the Permanent Council of September 28, 1999 (CP/ACTA 1205/99);

RESOLVES:

To establish the Justice Studies Center for the Americas and to adopt the following

STATUTE OF THE JUSTICE STUDIES CENTER FOR THE AMERICAS

Having seen the report presented by the Chair of the Special Group to lmplement the Recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas during the rneeting of the Permanent Council of September 28, 1999 (CP/ACTA 1205/99);

Bearing in mind:

That the Head of State and Government, in the Plan of Action adopted at the Second Summit of the Americas, in Santiago, Chile, in April 1998, agreed to “establish a Justice Studies Center for the Americas, which will facilitate the training of justice sector personnel, the exchange of information and other forms of technical cooperation in the Hemisphere, in response to the particular requirements of each country”; and

That on the occasion of the Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, in Lima, Peru. in March 1999, it was recommended that a group of government experts, open to participation by all of the delegations, be established, inter alia, to prepare draft Statutes of the Justice Studies Center of the Americas.

Considering

That the Permanent Council, in April 1999, established the Special Group, chaired by Peru and vice-chaired by Costa Rica and Trinidad and Tobago, to Implement the Recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas.

That the General Assembly, through resolution AG/RES.1615 (XX IX-O/99), supported and recognized “the progress being made by the Permanent Council´s Special Group to facilitate the meetings of government experts on the establishment of the Justice Studies Center of the Americas”.

That the special group on Justice, for purposes of furthering the implementation of the recommendations of the Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, held four meetings of government experts to prepare the draft Statute of the Justice Studies Center of the Americas; and

That the Permanent Council, at its meeting of September 28, 1999, approved the draft Statute of the Justice Studies Center of the Americas; and

Recognizing the work of the Special Group to lmplement the Recommendations of the Meetings of Ministers of Justice or of Ministers or Attorney’s General of the Americas in preparing the draft Statutes of the Justice Studies Center of the Americas, which enabled the negotiations entrusted to the Special Group to be conducted efficiently and completed by the deadline.

Resolves:

To establish the Justice Studies Center of the Americas and to adopt the following

Chapter I
Nature

 Article 1

The Justice Studies Center of the Americas (hereinafter the “Center”) is an intergovernmental entity with technical and operational autonomy, established by resolution of the General Assembly of the Organization of American States (hereinafter the “OAS”) in fulfillment of the mandates set forth in the Plan of Action of the Second Summit of the Americas (Santiago, April 1998) and the recommendations adopted at the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas (hereinafter “REMJAs”)

Article 2

The Center is governed by this Statute and its Rules of Procedure. lts activities shall be carried out in accordance with the policy guidelines reflected in the conclusions and recommendations of the REMJAs and, as appropriate, may take into account the pertinent mandates of the Summit of the Americas and resolutions of the OAS General Assembly.

Chapter II
Objectives and functions

Artícle 3

The objectives of the Center are:

  1. To facilitate the training of justice sector personnel;
  2. To facilitate the exchange of information and other forms of technical cooperation: and
  3. To facilitate support for the reform and modernization of justice systems in the region.

Article 4

The Center shall have the following functions, among others:

1.     To serve as a clearinghouse for the collection and distribution of information on national experiences pertaining to modernization and reforms of justice systems in the region;

2.     To carry out comparative analysis, research, on justice issues studies and facilitate their dissemination;

3.     To facilitate the dissemination of research and studies relating to justice in the Americas;

4.     To facilitate the training of justice sector personnel and the improvement of existing mechanisms for that purpose in the countries of the Hemisphere;

5.     To facilitate dissemination of information on teaching methods, model curricula, and training aids for personnel involved in the justice system;

6.     To facilitate the dissemination of relevant information on courses, seminars, fellowships and training programs; and

7.     To support cooperation related to the different systems of justice in the Hemisphere.

Article 5

In the performance of its functions, the Center shall take into account the different legal systems in the Hemisphere and, to the extent possible, shall use modern information technology as technical support for its operations. It shall also take into account the activities underway in this field at the international, regional, and subregional levels in order to promote cooperation and avoid duplication.

Article 6

In the event that REMJA does not meet in a particular year or period, the powers and functions assigned to REMJA by these Statutes will be performed through the General Assembly of the OAS.

Chapter III
Composition and headquarters

Article 7

All the member states of the OAS are members of the Center.

Article 8

Any permanent observer to the OAS and any national or international, govermental or nongovernmental, organization specializing in the subject area may become an associate member of the Center under terms and conditions established in the Rules of Procedure of the Center.

The asssociate members may participate in all activities of the Center. They may also participate in meetings of the Board of Directors with voice but without vote.

Article 9

The organizational structure of the Center shall consist of: a Board of Directors, the Office of the Executive Director, and such advisory groups as may be established in accordance with this Statute.


Article l0

The Center may enter into cooperation agreements with the member states of the OAS and other states, as well as, with international or national, governmental or nongvernmental, organizations, among others. Such agreements, which shall be approved by the Board of Directors and deposited with the General Secretariat of the OAS, shall specify the conditions and forms of participation in the Center´s activities, as well as the rights and obligations of the parties.

Chapter IV
The board of directors

Article 11

  • The Board of Directors shall be composed of seven rnembers elected in t heir personal capacity by the OAS General Assembly from among candidates nominated by the member states of the OAS. The way and means of ensuring representation on the Board of Directors for the host institution of the Center and for the associate mambers shall be determined by the REMJA on the basis of the recommendation of the Board of Directors.
  • The members of the Board of Directors shall serve for a three-year term; under no circumstances may they be re-elected for more than one consecutive term.
  • Vacancies that occur for reasons other than normal expiration of the term of office shall be filled at the next session of the OAS General Assembly.
  • Candidates for the Board of Directors shall be persons of high moral standing and with records of distinguished service in the fields of law, social science, education, or public affairs who have made important contributions to the development or implementation of justice system reform in their countries.
  • The Board of Directors should reflect the various legal systems in the Americas and, to the extent possible, different sectors of the legal affairs community.

 

 Article 12

The functions of the Board of Directors are as follows:

  1. To appoint and establish the compensation of the Director of the Center, with the approval of the REMJA, and ensure that the Director implements the pertinent conclusions and recommendations adopted by the REMJA; in addition it will be empowered to remove the Executive Director;
  2. To oversee the management of the Office of the Executive Director;
  3. To approve the draft annual work plan in conformity with REMJA guidelines and to submit the medium and long-term plans to the REMJA;
  4. To approve the Center´s annual program-budget and to submit to the REMJA medium and long-term financial policy proposals;
  5. To appoint an external auditor and review the external audit of the financial records submitted anually by the Executive Director;
  6. To draft, approve, and amend the Rules of Procedure of the Center;
  7. To establish, in consultation with the Office of the Executive Director, the advisory groups deemed necessary to implement the objectives of the Center;
  8. To perform any other functions entrusted to it by REMJA.
  9. To inform OAS member states through the REMJA, as well as the associate members and advisory groups, of the Center’s activities and submit an annual report to the OAS General Assembly; and
  10. Authorize the establishment of funds and accounts necessary for the operation of the Center.

Article 13

  1. The Board of Directors shall meet at least once a year at the headquarters of the Center.
  2. All member states of the OAS shall have the right to participate in meetings of the Board with voice but without vote.
  3. The advisory groups provided for in Article 15 of this Statute shall be invited to participate in these meetings with voice but without vote.
  4. The Chair of the Board of Directors shall be elected by an absolute majority of the members of the Board for the term specified in its Rules of Procedure.
  5. The necessary quorum for a meeting of the Board of Directors shall be an absolute majority of its members.
  6. On the Board of Directors, each member shall have one vote. The Board of Directors shall make every possible effort to reach its decisions by cosensus. When a decision cannot be reached by consensus, the Board shall adopt its decisions by a majority of votes of the members in attendance.

Chapter V
The office of the executive director

Article 14

  1. The Office of the Executive Director shall be the operational unit of the Center. It shall be composed of an Executive Director and staff.
  2. The Executive Director of the Center shall have the necessary professional, academic, and administrative experience necessary to fully discharge the responsibilities of the Center.
  3. The Director shall:
    • Be responsible for the day-to-day operations of the Center, including all personnel decisions and the implementation of the policies approved by the REMJA, in accordance with direction provided by the Board of Directors;
    • Direct efforts to mobilize financial resources necessary to implement the Center’s work plan;
    • Prepare and submit to the Board of Directors the draft annual work plan and program-budget of the Center, including projections for the medium and long term;
    • Implement the annual work plan within the resources allocated in the annual program-budget and any other resources obtained for that purpose;
    • Promote and represent the Center;
    • Serve as the Executive Secretary of the Board of Directors; and
    • Report regularly on the status of projects and activities and the results achieved in their implementation, on the management of the Center, and on specific funds and other resources entrusted to the Center.

4. The Executive Director of the Center shall exercise his or her functions for a period of four years, renewable for a single consecutive term.

5. The Office of the Executive Director shall function at the headquarters of the Center.

 Chapter VI]
Advisory groups


Article 15

The advisory groups established under Article 12 (g) may function at a site other than that of the Center. The requirements and terms of reference for their establishment shall be set forth in the Rules of Procedure.

Article 16

The findings and conclusions of the advisory groups with regard to the matters assigned to them shall be presented to the Board of Directors through the Executive Director of the Center.

Chapter VII
Budgetary and financial matters

Article 17

The Center and its activities shall be financed by voluntarv contributions provided by the OAS member states and by funds from other public and private sources.

To that end, the Board of Directors shall authorize the establishment of specific and fiduciary funds that may be required, such as those provided for in Articles 68 and 69 of the General Standards to Govern the Operations of the General Secretariat of the Organizations of American States.

Chapter VIII
Entry into force

Article 18

This Statute shall enter into force on the date of its adoptiont by the OAS General Assembly and may be amended only by that body.

Transitory provisions

First: For its first phase, the Center shall develop topics related to criminal justice, seeking to take advantage of the experience by other organizations in the Hemisphere in this area.

Second: The headquarters of the Center shall be selected by the REMJA based on the results of the assessments and the recommendations presented by the Board of Directors regarding the proposals made by member states.

To that end, the Board of Directors shall evaluate the site proposals of member states according to the following criteria, among other institutional affiliation, financial and/or in-kind support, staff support, and other contributions and facilities to be provided for the Center. Until a site has been selected, the Center shall operate at OAS headquarters.

Third: For the first Board of Directors, three members will be elected for three years, two for a two-year term, and two for one year, the terms to be chosen by lot.

 

 

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