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REFORM OF JUDICIARYREFORM OF JUDICIARY

inin

Republic of CroatiaRepublic of Croatia

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How did it all begin?How did it all begin?

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2004. – founded Judicial Academy independent of Government

2006. – Strategy of Judiciary Reform 2006. – 2010. consisting of measures and goals important to prepare Judiciary in Croatia for EU

2006. – adopted Code of Judicial Ethics and Code of public prosecutors(records of property cards)

2008. – Anti-Corruption Strategy

2010. – analysis and revised Action plan

2010. – Strategy of Judiciary Reform 2011. – 2015.

2010. – change of Constitution which resulted in transparent procedure of electing judges and public prosecutors

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GOALS!?

EFFICIENT, INDEPENDENT, PROFESSIONAL, FAIR JUDICIARY

Reorganisation/ rationalization of courts and public prosecutors offices

Decrease of unsolved cases

Modernising court administration

Alternative ways of dealing with cases

Reducing the length of court proceedings and dealing with cases

Equalization of criteria

Implementing of the institution of Free Legal Aid

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To further these strategic goals, the government adopted a number of specific measures. These included the following:

- reorganisation of land registries and digitalisation of land records (land disputes problem)

- reorganisation of enforcement procedures

- re-allocation of caseloads among courts to ensure a more even distribution of cases

- encouragement of mediation as an alternative to litigation

- preparation of a plan to rationalise the court network

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The Council for Monitoring the Implementation

of the Judicial Reform Strategy

High-level body established to oversee the implementation of the Strategy.

It is composed of the Minister of Justice, the President of the Supreme Court, the Chief State Attorney, the President of the Committee on the Judiciary of the Parliament, the President of the Chamber of Notaries, the President of the Croatian Bar Association and the State Secretary of the Ministry of Justice.

In addition, the Department for Strategic Planning of the Ministry of Justice follows up on the implementation and ensures coordination among the various bodies involved.

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LEGISLATION REFORM

a)New Criminal Codeb)New Criminal Procedure Codec)New Magistrates Act

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Compliant with European Convention on Human Rights

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INTRODUCTION OF MODERN INFORMATION TECHNOLOGY

ICMS – Integrated Court Case Management System

CTS - Case Tracking System

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Rationalising the network of judicial bodies

a)Municipal courts 108 67b)Magistrate courts 114 63c)Public Prosecutors Offices 715533d)County Courts 2115

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CONCLUSION

- a well-performing judiciary is important for economic development. Judicial reform is doubly important for Croatia – both to underpin the rule of law needed for a better business environment and as part of the EU accession process.

-However, judicial reform consists of a number of interrelated elements, such as simplifying and rationalising laws and procedures, strengthening the independence of judges, improving the administration of courts, improving legal education and training, and so on.

- Reforming the judiciary is therefore a challenging undertaking and the Croatian government has been taking steps in the right direction, instituting a number of commendable initiatives and enacting complementary laws.

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- Nevertheless, the resolution of the extensive backlog of cases within Croatia’s judicial system remains a serious challenge, particularly given that the economic crisis has triggered many bankruptcy proceedings which have further overburdened commercial courts. With the mounting pressure from the European Union for Croatia to speed up reforms and show concrete results, we can expect more progress in this area.

- Successful reforms should, in turn, be reflected in almost all aspects of Croatia’s well-being as a state, given that an effective judicial system is an important precondition for the country’s economic development and the promotion of investments.

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