European developments in judicial systems Pim Albers Special advisor of the CEPEJ Council of Europe.
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Transcript of European developments in judicial systems Pim Albers Special advisor of the CEPEJ Council of Europe.
European European developments in developments in judicial systemsjudicial systems
Pim AlbersPim Albers
Special advisor of the CEPEJSpecial advisor of the CEPEJ
Council of EuropeCouncil of Europe
European Commission for the European Commission for the Efficiency of JusticeEfficiency of Justice
Compare judicial systems of member Compare judicial systems of member States by using statistics, evaluation States by using statistics, evaluation reportsreports
Assistance of member states in the Assistance of member states in the area of administration of justicearea of administration of justice
Drafting new legal instruments of Drafting new legal instruments of changing current ones in the justice changing current ones in the justice area (Recommendations, area (Recommendations, Resolutions, etc.)Resolutions, etc.)
One of the tasks is evaluation One of the tasks is evaluation of judicial systems in Europeof judicial systems in Europe
First evaluation First evaluation was conducted in was conducted in the period 2001 – the period 2001 – 2003 (data of the 2003 (data of the year 2002)year 2002)
Second evaluation Second evaluation was implemented was implemented in the period 2004 in the period 2004 – 2006 (data of the – 2006 (data of the year 2004)year 2004)
Topics of the questionnaireTopics of the questionnaire BudgetBudget Legal aidLegal aid Users of the courts and Users of the courts and
victimsvictims Functioning of courtsFunctioning of courts Monitoring and evaluationMonitoring and evaluation Fair trialFair trial Timeframes of proceedings Timeframes of proceedings
(case information: civil, (case information: civil, administrative, criminal)administrative, criminal)
Career of judges and Career of judges and prosecutorsprosecutors
LawyersLawyers ADRADR Enforcement of court Enforcement of court
decisionsdecisions NotariesNotaries
Annual budget Annual budget allocated to all courts allocated to all courts (without prosecution (without prosecution and legal aid)and legal aid)
Users of the courts and victims Users of the courts and victims (special arrangements)(special arrangements)
Categories of vulnerable persons
Information mechanism
Hearing modalities
Procedural rights
Other right/device
Victims of rape 21 33 27 8
Victims of terrorism 15 21 18 6
Child/Witness/Victim 26 41 36 12
Victims of domestic violence 22 25 27 11
Ethnic minorities 16 17 15 4
Disabled persons 18 30 22 8
Juvenile offenders 22 34 37 8
Other categories 3 6 7 4
Number of courts per 100.000 inhabitantsNumber of courts per 100.000 inhabitants
ICT in the courtsICT in the courts
Functions Facilities100% of courts
+ 50% of courts
- 50% of
courts
- 10% of
Courts
missing answers
Directassistance to the judge /court clerk
Word processing 40 5 1 - 1
Electronic data base of jurisprudence 33 5 1 3 5
Electronic files 20 6 1 14 6
E-mail 31 7 4 3 2
Internet connection 33 5 5 2 2
Administrationand management
Case registration system 25 9 4 6 3
Court management information system
17 12 4 8 6
Financial information system 23 7 3 8 6
Communication between the
courtand the parties
Electronic forms 13 1 4 21 8
Special Website 18 5 7 13 4
Other electronic communication facilities
12 4 1 14 16
Computer facilities for direct assistance of the judge Computer facilities for direct assistance of the judge and court clerkand court clerk
Examples of new developments in use of ICT in Examples of new developments in use of ICT in courts (money claim online)courts (money claim online)
Other ICT examplesOther ICT examples
Electronic business registers (Germany)
Case assignment systems (Slovakia)
Electronic communication with the courts (Switzerland)
Court decisions on the Internet (Netherlands)
Professional judges per 100.000 inhabitantsProfessional judges per 100.000 inhabitants
But also…But also… Lay-judges (Croatia, (Croatia,
Estonia, Latvia, Slovenia, Estonia, Latvia, Slovenia, Belgium, Czech Republic, Belgium, Czech Republic, etc.)etc.)
Citizen participationCitizen participation: trial : trial by Jury (21 countries)by Jury (21 countries)
RechtspflegerRechtspfleger (Armenia, (Armenia, Austria, Croatia, Czech Austria, Croatia, Czech Republic, Denmark, Estonia, Republic, Denmark, Estonia, Germany, Hungary, Ireland, Germany, Hungary, Ireland, Liechtenstein, Malta, Liechtenstein, Malta, Norway, Poland, Slovakia, Norway, Poland, Slovakia, Slovenia, Spain)Slovenia, Spain)
Timeframes (length of proceedings)Timeframes (length of proceedings)
Not many countries are able to Not many countries are able to provide information on the length provide information on the length of proceedingsof proceedings
Exchange of information between Exchange of information between European courts through the European courts through the network of pilot-courts network of pilot-courts
Development of tools for reducing Development of tools for reducing delays (time management delays (time management checklist)checklist)
0
30000
60000
90000
120000
150000
180000
210000
240000
270000
300000
UK
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Sco
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UK
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Be
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Fin
lan
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Fra
nce
Sp
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Au
stria
Mo
na
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Ge
rma
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Italy
Po
rtug
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Cyp
rus
Ma
lta
Bo
snia
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d H
erze
go
vina
Sw
ed
en
Cro
atia
Slo
ven
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Hu
ng
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Esto
nia
Slo
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Cze
ch R
ep
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Lith
ua
nia
Tu
rkey
Po
lan
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Ru
ssian
Fe
de
ratio
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La
tvia
Alb
an
ia
Ukra
ine
Aze
rba
ijan
Arm
en
ia
Ge
org
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Bu
lga
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Ro
ma
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Mo
ldo
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Countries
Gro
ss
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ala
ry in
eu
ro
Q80 Gross annual salary of a judge of the Supreme Court or of the highest appellate court Q79 Gross annual salary of a 1st instance professional judge at the beginning of his/her career
Q4 Average gross annual salary
Status and role of judges (and prosecutors)Status and role of judges (and prosecutors)
V IV III II I
Combination of the work as a judge or Combination of the work as a judge or prosecutor with other activitiesprosecutor with other activities
Judges Prosecutors
ActivityYes
remuneratedYes, not
remuneratedNo
Yes remunerated
Yes, not remunerated
No
Teaching 39 12 1 41 10 2
Research and publication
40 12 1 41 10 2
Arbitrator 10 4 32 8 3 35
Consultant 7 4 33 7 3 34
Cultural function 19 16 14 20 15 13
Other function 11 3 13 6 3 14
Public prosecutorsPublic prosecutors
0
5
10
15
20
25
30
35
40
45
Malta
Iceland
Ireland
Austria
France
San M
arino
Italy
Netherlands
Spain
Turkey
Azerbaijan
Greece
Andorra
UK
England &
Wales
Germ
any
Finland
Bosnia and H
erzegovina
Belgium
Sw
eden
Luxembourg
Slovenia
Albania
Czech R
epublic
Denm
ark
Serbia
Portugal
Georgia
Croatia
Rom
ania
Slovakia
Monaco
Montenegro
Estonia
Poland
Hungary
Norw
ay
Cyprus
UK
Northern Ireland
Liechtenstein
Arm
enia
Moldova
Lithuania
Latvia
UK
Scotland
Russian F
ederation
Countries
number of prosecutors per 100 000 inhabitants
I II III IV
Number of lawyers per 100.000 inhabitantsNumber of lawyers per 100.000 inhabitants
Trends, risks and Trends, risks and developmentsdevelopments
More involvement of Councils for the judiciary in budgetary tasks
More influence of Councils for the judiciary on the recruitment and nomination of judges
Increasing ‘tensions’ between ministry of Justice and judicial Councils
More attention necessary for court statistics (i.e. length of proceedings
More transparency necessary of the judiciary (more openness towards citizens and society)
More attention for the judicial and organizational quality
Other activities of the council of Europe in Other activities of the council of Europe in the field of the judiciarythe field of the judiciary
Consultative Consultative Council of Council of European JudgesEuropean Judges
Consultative Consultative Council of Council of European European ProsecutorsProsecutors
Co-operation Co-operation activities with the activities with the EU (Crystal Scale of EU (Crystal Scale of Justice, European Justice, European Day of Civil Justice)Day of Civil Justice)
For more information: visit our websiteFor more information: visit our website
www.coe.int/cepej