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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Ma

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Cro

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Slo

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Hu

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Esto

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Slo

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Cze

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Lith

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Tu

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Po

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Fe

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La

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Alb

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Ukra

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Aze

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Arm

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Ge

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Bu

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Ro

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Countries

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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