1. Funding of the Dutch Judiciary Performance based budgeting
30 October 2017
performance budgeting in the Netherlands
Funding of the Dutch Judiciary Performance based budgeting
Riga, November 2017
Jos Puts
performance budgeting in the Netherlands
29 januari 2016

2. Council for the Judiciary (since 2002) 4 non-adjudicating agencies
30 October 2017
performance budgeting in the Netherlands
Dutch Judiciary
11 district courts
4 courts of appeal
2 special courts
Council for the Judiciary (since 2002)
4 non-adjudicating agencies
Supreme court
performance budgeting in the Netherlands
29 januari 2016

3. district court = 150 judges court of appeal = 110 judges
30 October 2017
performance budgeting in the Netherlands
The courts
district court = 150 judges
court of appeal = 110 judges
Total = 2300 judges assistants
17 courts, 32 locations for sessions
1,8 mln. cases per year

4. 2 judges (1 president) + 1 non-judge
30 October 2017
performance budgeting in the Netherlands
Court Leadership
2 judges (1 president) + 1 non-judge
Worked as a judge in other court(s)
Do not dispose cases
Have a non-judicial staff
Manage the court (budget, HR, etc.)
performance budgeting in the Netherlands
29 januari 2016

5. Council for the Judiciary
30 October 2017
performance budgeting in the Netherlands
Council for the Judiciary
Since 2002
Independent from government
2 judges, 2 non-judges
Non-Judicial Staff
Does not adjudicate
Claims the budget for the Judiciary
Allocates the money

6. Council of the Judiciary
30 October 2017
performance budgeting in the Netherlands
Multi staged funding
Minister of Justice
Council of the Judiciary
Court 1
Court 2
Court 3
Etc.
Parliament € €
Test
26 juni 2014

7. Revenues and costs of the Dutch Judiciary
30 October 2017
performance budgeting in the Netherlands
Revenues and costs of the Dutch Judiciary
revenues
costs
P x Q (97%)
Salaries (75%)
Special cases (3%)
Rents (12%)
Depreciation costs (2%)
Exploitation (11%)
Court costs (0,4%)
Court costs (0,4%)
€ mln.

8. Performance based budgeting: P x Q
30 October 2017
performance budgeting in the Netherlands
Performance based budgeting: P x Q
Since 2005
P = price of case
Q = number cases
10 types of cases/prices
More cases = more money
Less budget = fewer cases
Balancing at the end of the year
Savings account

9. Prices between council and Minister
30 October 2017
performance budgeting in the Netherlands
Prices between council and Minister
11 District courts:
Civil law case € 797
Administrative law case € 2193
Criminal law case € 1022
Small case € 155
Immigration law case € 993
Taks case € 1124
4 Courts of appeal
Civil law case € 3850
Criminal law case € 1543
Tax law case € 3630
1 Central Board of appeal € 3431

10. The budget of the judiciary
30 October 2017
performance budgeting in the Netherlands
The budget of the judiciary
# cases
Price €
Amount mln. €
District courts administratif cases
49.500
X 2.193
= 109
District courts criminal cases
X 1.022
= 182
Courts of appeal criminal cases
37.480
X 1.543
= 58
Etc.
Special cases -- 30
total
1.027
District cour

11. Prices of the 10 types cases
30 October 2017
performance budgeting in the Netherlands
Prices of the 10 types cases
Valid for 3 years
Outcome of negotiations council – minister in 2016
Aspects:
Costs per case and subtypes in former years (< 2014)
Estimated costs of new legislation 2017 >
Cost of desired improvements in 2017 >
More efficiency in 2017 >

12. Funding of the courts: also pxq
30 October 2017
performance budgeting in the Netherlands
Funding of the courts: also pxq
But:
‘’Only’’ 80% of court budget = P x Q
70 types of cases
20% = Rest = rents and special cases
Court leadership is responsible

13. Example 1: the 5 products in the immigration product group
Extented asylum procedure disposal € 1106
Regular disposal € 866
Detention case disposal € 313
General asylum procedure disposal € 541
Dublin case disposal € 297
As an example you see here the 5 products and their prices in the immigration product groep.
The workload of e.g. a regular disposal can variate strong. It can be a full court case as well as aimpified procedure.
Test
26 juni 2014

14. Example 2: the 4 products in the tax law court of appeal productgroup
Full court tax case € 4150
Magistrate’s court tax case € 1038
Simplified procedure € 75
Completion of a tax case without a decision € 314
Completion without decision: when the appeal is withdrawn before the court session. The price is relatively high because sometimes a lot of work is already done.
I just told you that for the funding 70 products of the judiciary have been identified.
Of course these products constist of different types of decisions.
For Instance: a full court tax case can be oral or written.
There can be a decision but it is also possible that the cases is withdrawn on or after te court session.
It’s possible that there was also mediation.
On the average a product consists of 7 sorts of descisions; totally there are 600 decisions.
These different types of decisions within a product are registrated, but they all get the same product price .
Test
26 juni 2014

15. Council for the Judiciary
30 October 2017
performance budgeting in the Netherlands
Ministry of Justice
€ mln
97%= pxq;
10 products
Council for the Judiciary
€ 731 mln. pxq; 70 products
€ 30 mln. special cases
€ 4 mln. court costs
€ 120 mln. rents
€ 115 mln.
Training and education centre
ICT-organization
Shared service centre
Bureau of the Council
Courts
performance budgeting in the Netherlands
29 januari 2016

16. Conclusion of 10 years performance based budgeting
30 October 2017
performance budgeting in the Netherlands
Conclusion of 10 years performance based budgeting
Creates transparency for government and the judiciary
Objective and just.
Improves efficiency (costs, stock of cases)
No discussion about # cases
Discussion and negotiations are limited to the price
Quality requires attention