1 / 33

Contract Enforcement and Judicial Systems in Central and Eastern Europe Warsaw, Poland June 20-22, 2005 www.worldbank.o

Contract Enforcement and Judicial Systems in Central and Eastern Europe Warsaw, Poland June 20-22, 2005 www.worldbank.org/judicialworkshopwarsaw. Judicial Systems in Transition Economies Assessing the Past, Looking to the Future. Contract Enforcement and Judicial Systems in

ostinmannual
Download Presentation

Contract Enforcement and Judicial Systems in Central and Eastern Europe Warsaw, Poland June 20-22, 2005 www.worldbank.o

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Contract Enforcement and Judicial Systems in Central and Eastern Europe Warsaw, Poland June 20-22, 2005 www.worldbank.org/judicialworkshopwarsaw

  2. Judicial Systems in Transition EconomiesAssessing the Past, Looking to the Future Contract Enforcement and Judicial Systems in Central and Eastern Europe Warsaw, Poland June 21, 2005

  3. Framework for Analysis • Reforms of the past • Court performance in the present • Priorities for judicial reform for the future

  4. A Broad Array of Perspectives and Data • Citizens • Firms • Lawyers

  5. The Judiciary—Not the Biggest Problem, but Slow to Improve Lagging Improvements in the Judiciary

  6. 1. Reforms of the Past

  7. Socialist judicial institutions:not suited to the needs of a market economy • subordinate to the executive • limited role or capacity in commercial matters • inadequate resources (buildings, IT, salaries, etc)

  8. The challenge: Judicial systems to … • shape the implementation of new rules of a market economy • resolve complex commercial disputes effectively • protect economic and social rights • hold governments accountable These systems need independence, capacity, and accountability.

  9. Early reforms emphasized law drafting over institution-building Institutions Have Lagged Lawmaking

  10. Early reforms also emphasized judicial independence… • new constitutions • specialized constitutional courts • rules on the appointment, tenure, removal, and disciplinary procedures for judges • self-governing bodies for the judiciary • judge-controlled training institutes

  11. … more than efficiency … Efficiency Considerations Lag Independence

  12. … and transparency came last Source: Judicial Systems in Transition Economies—Assessing the Past, Looking to the Future. Based on ABA-CEELI Judicial Reform Index

  13. Recent reforms focus more on efficiency and effectiveness • IT and case management • refurbishing of courts • alternative dispute resolution (ADR) • court clerks • legal professions (bar, bailiffs, notaries, etc) • legal education

  14. …acknowledging that independence must be balanced with accountability • transparency, publication of decisions • random case assignment • citizen feedback mechanisms • disciplinary procedures for judges

  15. 2. Court Performance

  16. Firms’ views of judicial performance did not improve from ’99 to ‘02. Evaluations of Courts by Firms, 1999 and 2002

  17. Courts are often seen as slow … The Time Delay to Collect on a Debt Through Courts

  18. … unaffordable … Assessments of Courts as "Affordable"

  19. … unable to enforce decisions … Assessments of Courts as "Able to Enforce Decisions"

  20. … and untrustworthy … Assessments of Courts as "Fair"

  21. … and transition countries lag behind most other regions. Perceptions of the Efficiency and Neutrality of the Legal System 2004

  22. 3. Priorities for Judicial Reform

  23. Reforms increase pressure on courts Use of Courts is Higher Where They are Most Relevant

  24. Pressure on courts slows them down Where Firms Use the Courts, the Courts are Viewed as Slow

  25. Countries are at different stages … Capacity and Demand for Judicial Services (and Reforms)

  26. … and the most citizen dissatisfaction is in countries in the middle The Judiciary as a Problem Doing Business

  27. Countries face varying priorities • early in transition: build basic demand for impartial dispute resolution through market reforms

  28. further in transition but weak capacity: continued structural reforms and capacity building

  29. somewhat stronger capacity: more complex aspects of court performance

  30. full market economy: comprehensive judicial reform strategies addressing all aspects of reform

  31. advanced capacity: more focused programs on remaining areas of weakness

  32. The bottom line … • There has been less progress in judicial reform than in many other areas of transition. • Improving the capacity of judicial systems is now a critical priority in most transition countries. • This workshop is designed to share experiences to date and ideas on how to move forward.

More Related