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Specialized courts - areas
Classical areas Family, juvenile Criminal Constitutional … Economic areas Bankruptcy Competition Intellectual property Financial institutions
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Specialized courts - how
Specialized judge Specialized units in the courts Specialized agencies Specialized courts Specialized appeals
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Specialized courts – why?
Expertise New legislation Law and issues not stable Large number of cases Demand from public opinion Complexity of the subject Better case management, speed Sensitivity of juvenile person
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Specialized courts – why not?
Separate courts are more expensive Special funding/respect is lost to general courts Inequality of the cases/parties Misperception of the specialized courts as special interest courts Susceptibility to special interest capture What criteria to apply for specialization? Friction between special and general courts
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Donor contributions Pay attention to local conditions
Coordination with other donors Infrastructure and budget Detailed economic analysis before deciding Build respect Be sensitive about independence of judiciary Support international cooperation
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Words of Wisdom Develop tools for, and perform cost/benefit analysis
Judges count more than institutions Reforming the judicial system as a whole is more important than establishing specialized courts
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