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Changes in the Dutch judicial system. Dr. Pim Albers Ministry of Justice. The current judicial structure. Supreme Court Court of Appeal (5) District courts (19). The structure of a district court. Pressure on the organisation. Technological and economic progress
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Changes in the Dutch judicial system Dr. Pim Albers Ministry of Justice
The current judicial structure Supreme Court Court of Appeal (5) District courts (19)
Pressure on the organisation • Technological and economic progress • Development of crime • Increasing numbers of claims • Internationalisation of law • Growing interest of politicians and media
The Leemhuis-commission (1998) • Need for strengthening of the independence of the judiciary • Introduction of a Judicial Council • Introduction of integral management in the courts • Integration of municipal courts into district courts • Increase of financial resources for the judiciary (structural increase of the budget with 136 million euros and incidental increase of the budget with 77 million euro
Implementation of ‘Leemhuis’:‘The judicial organisation 21st century’ • Tailored jurisdiction (rechtspraak op maat) • Accessibility • Unity of law • Timeliness • External orientation
Activities • Departmental projects (including a legislative programme: drafting of the Law on the Judicial Council and the modification of the Law on the Organisation and Management of Courts) • pVRO (Reinforcement Judicial Organisation Programme)
Budget for the reform • PVRO: 19 million € • Capacity investment: 52 million € • ADR-projects: 9 million €
Departmental projects • Project Judicial Council • Project departmental tasks administration of Justice • Legislative programme: drafting Law on the judicial council and changing the Law on the Organisation and Management of Courts
pVRO • Introduction of modern management • Unification of processing rules (civil cases, administrative cases and divorce) • Internet-project www.rechtspraak.nl • Project Personnel policy • Project Quality • Project work procedures • Project complaints, etc.
Ministerial responsibility (after 1 January 2002) • Proper conditions for the functioning of the judicial system (budget and legislation) • Supervision on the Judicial Council • Budget (and control) responsibility for the Supreme Court • Policy formulation regarding ADR
Current developments in society and in the justice area • Increase influx of civil cases • Growing investment in judges and staff • Decrease of economic development • ‘budget cuts’ in the public budget
Budget-cycle • Judicial Council prepares annual plan and budget proposal • Ministry of Justice is responsible for reviewing the plan and the budget proposal • After acceptance of the budget proposal and annual plan the budget proposal of the judiciary is integrated in the budget proposal of the Ministry of Justice • The budget proposal of the Ministry of Justice (and the other departments) are presented in September each year for approval of the Parliament
New policies (1) • Central role of the responsibility of the citizen for ‘solving’ their own disputes • Stimulation of ADR (arbitration, mediation and other forms of dispute resolution) • More responsibilities for the public prosecutor to handle cases (simple criminal offences) without the intervention of the judge
New policies (2) • Stimulation of co-operation between courts for an efficient allocation of cases • Change of the location policy of courts • Changes in the criminal process law, administrative process law and civil process law to increase efficiency of justice • Reduction of non-judicial tasks • Introduction of a new model for financing the judiciary