Commercial Law Judicial Training

Project ID: 72166

Assignment title: Commercial Law Judicial Training

Contract description: To develop and deliver commercial law judicial training modules for judges in Bosnia and Herzegovina, so as to enable them to deal more effectively and independently with the identified matters.

To develop and provide training on the following modules:

• financial services consumer protection law
• law on the protection of guarantees
• Ombudsman in the Federation of Bosnia and Herzegovina

The training is expected to incorporate the following activities:

1. Activity 1: Preparation of training modules

The Consultant will develop the outline and prepare the content of each module, reflecting the substantive matters referred to in Activities 2 to 4 below. Each module will be of two-day duration and will be delivered to a class of up to 20 participants, covering:

• law and practice in Bosnia and Herzegovina, and how EU approaches to relevant concepts can be relevantly applied in Bosnia and Herzegovina;
• the types or categories of claims presently coming before the courts, and the particular difficulties they present for judges;
• the types or categories of claims that can be expected to come before the courts in the medium term, having regard to the development of the economy and the country’s ambition to join the EU;
• the discretion and remedies available to the courts to resolve claims; and
• appropriate use of “before and after” tests to gauge training impact, as agreed with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina and the EBRD project team.

The Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina will adopt and approve the module outlines and materials for implementation.

2. Activity 2: Delivery of module on Financial Services Consumer Protection Law

The Consultant shall deliver a module of judicial training on Financial Services Consumer Protection Law to judges from national and entity level courts covering:

• basic principles;
• definitions and exceptions;
• news on laws application;
• legal framework;
• EU Directives; and
• other matters to be agreed with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina and the EBRD team.

3. Activity 3: Delivery of module on the Law on the Protection of Guarantees

The Consultant shall deliver a module of judicial training on the Law on the Protection of Guarantees to judges from national and entity level courts covering:

• legal framework and comparison with similar regulation in the region;
• definitions;
• exception of guaranteeing and waiver of the obligation;
• law application; and
• other matters to be agreed with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina and the EBRD team.

4. Activity 4: Delivery of module on the Ombudsman in the Federation of Bosnia and Herzegovina

The Consultant shall deliver a module of judicial training on Ombudsman in Bosnia and Herzegovina to judges from national and entity level courts covering:

• the role and importance of the institution of Ombudsman in the Federation of Bosnia and Herzegovina; and
• other matters to be agreed with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina and the EBRD team.

Duration: 12 months