European developments in judicial systems Pim Albers Special advisor of the CEPEJ Council of Europe

European Commission for the Efficiency of Justice Compare judicial systems of member States by using statistics, evaluation reports Compare judicial systems of member States by using statistics, evaluation reports Assistance of member states in the area of administration of justice Assistance of member states in the area of administration of justice Drafting new legal instruments of changing current ones in the justice area (Recommendations, Resolutions, etc.) Drafting new legal instruments of changing current ones in the justice area (Recommendations, Resolutions, etc.)

One of the tasks is evaluation of judicial systems in Europe First evaluation was conducted in the period 2001 – 2003 (data of the year 2002) First evaluation was conducted in the period 2001 – 2003 (data of the year 2002) Second evaluation was implemented in the period 2004 – 2006 (data of the year 2004) Second evaluation was implemented in the period 2004 – 2006 (data of the year 2004)

Topics of the questionnaire Budget Budget Legal aid Legal aid Users of the courts and victims Users of the courts and victims Functioning of courts Functioning of courts Monitoring and evaluation Monitoring and evaluation Fair trial Fair trial Timeframes of proceedings (case information: civil, administrative, criminal) Timeframes of proceedings (case information: civil, administrative, criminal) Career of judges and prosecutors Career of judges and prosecutors Lawyers Lawyers ADR ADR Enforcement of court decisions Enforcement of court decisions Notaries Notaries

Annual budget allocated to all courts (without prosecution and legal aid)

Users of the courts and victims (special arrangements) Categories of vulnerable persons Information mechanism Hearing modalities Procedural rights Other right/device Victims of rape Victims of terrorism Child/Witness/Victim Victims of domestic violence Ethnic minorities Disabled persons Juvenile offenders Other categories3674

Number of courts per inhabitants

ICT in the courts FunctionsFacilities 100% of courts + 50% of courts - 50% of courts - 10% of Courts missing answers Direct assistance to the judge / court clerk Word processing Electronic data base of jurisprudence Electronic files Internet connection Administration and management Case registration system Court management information system Financial information system Communication between the court and the parties Electronic forms Special Website Other electronic communication facilities

Computer facilities for direct assistance of the judge and court clerk

Examples of new developments in use of ICT in courts (money claim online)

Other 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 inhabitants

But also… (Croatia, Estonia, Latvia, Slovenia, Belgium, Czech Republic, etc.) Lay-judges (Croatia, Estonia, Latvia, Slovenia, Belgium, Czech Republic, etc.) Citizen participation: trial by Jury (21 countries) Citizen participation: trial by Jury (21 countries) Rechtspfleger (Armenia, Austria, Croatia, Czech Republic, Denmark, Estonia, Germany, Hungary, Ireland, Liechtenstein, Malta, Norway, Poland, Slovakia, Slovenia, Spain) Rechtspfleger (Armenia, Austria, Croatia, Czech Republic, Denmark, Estonia, Germany, Hungary, Ireland, Liechtenstein, Malta, Norway, Poland, Slovakia, Slovenia, Spain)

Timeframes (length of proceedings) Not many countries are able to provide information on the length of proceedings Not many countries are able to provide information on the length of proceedings Exchange of information between European courts through the network of pilot-courts Exchange of information between European courts through the network of pilot-courts Development of tools for reducing delays (time management checklist) Development of tools for reducing delays (time management checklist)

Status and role of judges (and prosecutors) V IV III II I

Combination of the work as a judge or prosecutor with other activities JudgesProsecutors Activity Yes remunerated Yes, not remunerated No Yes remunerated Yes, not remunerated No Teaching Research and publication Arbitrator Consultant Cultural function Other function

Public prosecutors I II III IV

Number of lawyers per inhabitants

Trends, risks and developments 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 the field of the judiciary Consultative Council of European Judges Consultative Council of European Judges Consultative Council of European Prosecutors Consultative Council of European Prosecutors Co-operation activities with the EU (Crystal Scale of Justice, European Day of Civil Justice) Co-operation activities with the EU (Crystal Scale of Justice, European Day of Civil Justice)

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