1. “INTERNATIONAL SYMPOSIUM OF ECONOMIC CRIME” The Financial Crisis – Perspectives on Cause and Effects Santiago Otamendi Judge Member of the Council of Magistrates of the City of Buenos Aires

2. Background  The Financial Crisis – Perspectives on Cause and Effects- Abstract-  Crisis in Argentina - Effects  Argentina's Judicial System  Crisis in the judicial system  Effects in the Judiciary

3. The Financial Crisis – Perspectives on Cause and Effects Abstract The global financial crisis, affected Argentina's institutions. The Judicial System experienced a significant increase in its caseload. Due to its numerous unsolved problems and the general critical situation, the system was unable to process them efficiently. However, Argentina’s crisis enables its institutions to better withstand the effects of the global crisis. In this presentation we describe several initiatives Argentina´s applied during the crisis, that can be used as a guideline to combat the effects of the global crisis.

4. Crisis in Argentina - Effects  Inflation  Unemployment  Poverty  Weak institutions  Crime-rate increase  Litigation increase  Political crisis  Disbelief in politics and politicians

5. Argentina's Judicial System  Argentina is a federal state. Each province and the Federal government has it's own independent judicial system.  Argentina has 25 independent judicial systems  The Criminal Code and the Civil Code are common to all jurisdictions.  Provinces dictate their own procedural codes

6. Crisis in the judicial system  Archaic structures  Unmodified since the XVIIIth century  Limited use of technology  Unflexible procedures  Written  Burocratized  Emphasis on formality vs. Results  Limited resources  Lack of coordination and information exchange with other government agencies  Insufficent training  Judges addicted to old practices

7. Effects in the Judiciary  Lack of confidence in the judicial system  Increase in courts caseload  Decrease of the judicial system dissuasive effect on crime

8. Initiatives  Argentine Dialogue  New role for Judges  NGO involvement  Open agenda  Effected Measures in Argentina  FAM initiatives to combat the crisis  Judicial System in Buenos Aires City  Final Thoughts

9. Argentine Dialogue  Organized by the Government, the Church, United Nations, Labor Unions, NGO’s and Corporations  Divided by sectors/groups  Judicial System Roundtable was one of the most effective  Proposals for Judicial reform  Scenarios building

10. New role for Judges  Active involvement with society  Effective solutions for the need of citizens  Proactive  Close to everyday realities  Mediator in social conflicts

11. NGO’s involvement  Uprising of the NGO’s involvement in the design and implementation of public policies  NGO’s gained the trust of the Judiciary in order to work together to solve the crisis  Active participation in Judge’s selection procedures

12. Open Agenda  Political support for long term policies  Spread the civic dialogue in the provinces  Exchange of successful experiences  Implementation of ADR methods  Strengthen transparency to fight corruption

13. Effected measures in Argentina  Redesign the structure of courts  Strengthening the prosecution services  New role of Magistrates  Incorporation of new technologies  Reduction of paperwork and bureaucratization  Improve reciprocity with other agencies  Criminal procedure reform

14. FAM initiatives to combat the crisis  Litigation techniques and oral advocacy  Case management  Specialized training  Technical assistance to provincial courts to improve efficiency and effectiveness  Resource and experience exchange

15. Judicial System in Buenos Aires City  New role of Magistrates  Incorporation of new technologies  Reduction of paperwork and bureaucratization  Courts are audited by International management Standards to improve the service of justice.

16. Final thoughts  Only through an efficient and independent judicial system can the crisis be fought  The judiciary is the only barrier against the abuse of power and plays a key role in reestablishing the social equilibrium  This is a constant effort that never ends and must always be improved  Elements for success: access to justice for all and a new role for judges

17. “INTERNATIONAL SYMPOSIUM OF ECONOMIC CRIME” The Financial Crisis – Perspectives on Cause and Effects Santiago Otamendi Judge Member of the Council of Magistrates of the City of Buenos Aires Thank you