Strasbourg, 20 December 2007

CCJE(2007)17REV

Consultative Council of European Judges (CCJE)

Preparatory questionnaire for the 2008 CCJE opinion concerning the quality of judicial decisions

With a view of the preparation of the 2008 CCJE Opinion, members of CCJE are invited to reply to this questionnaire and to send their replies to: ccje@coe.int before 30 January 2008.


QUESTIONNAIRE FOR 2008 CCJE OPINION CONCERNING THE QUALITY OF JUDICIAL DECISIONS

- PLEASE SPECIFY THE REPLIES WHENEVER POSSIBLE -

Part I: Preparation of the judicial decision

Question 1

· Is there a specific model to be followed in drafting judicial decisions?

· Can each individual judge choose his own style of drafting his decision?

Question 2

· Where the court is composed of more than one member, do judicial decisions have to be taken unanimously or a majority decision is equally effective and binding?

· In a two or even more member panel, does the president or most senior judge have a second or casting vote?

Question 3

Do judicial decisions have to deal with all points raised by the parties or their lawyers or is a synthetic or concise approach considered sufficient?

Question 4

· In general terms, how is a first instance judicial decision drafted? (For example, does the decision state first the factual background, followed by the evidence, its evaluation and finally the application of the legal principles to the accepted facts?)

· How in general terms is an appeal /supreme court decision drafted? Is the appeal in your country by way of rehearing the case or not?

Question 5

Is there a difference in the way a judgement is drafted according to the subject matter (civil, criminal, administrative)?

Question 6

· Could you describe precisely how the decision is transmitted to the parties?

· Is the judicial decision binding only on the specific litigants or does it affect the public in general?

· Does your country acknowledge a difference in judicial decisions in personam and in rem?

Question 7

How is a judicial decision enforced in your country? Does your country allow for contempt proceedings against a litigant who does not comply with a decision/order of the court?

Question 8

Are judicial decisions handed down/announced in open court? Always or can the public/journalists be excluded - If so on what grounds?

Question 9

To what extent do judicial decisions in your country take into account personal data protection legislation (i.e. publication of litigants’ names, other personal details etc)?

Question 10

Are judicial decisions available to persons or authorities other than the litigants themselves? If so on what terms and prerequisites?

Question 11

Are judicial decisions published/available on the internet? If so, are all decisions available or only appeal or supreme court cases?

Part II: Evaluation of the judicial decision

Question12

Is a system of evaluation of quality of justice in force in your country?

Question 13

Does this evaluation include/envisage the evaluation of the quality of judicial decisions?

Question 14

If your country does evaluate the quality of judicial decisions by means of a specific system, could you specify the latter:

· legal basis:

· identification of the agencies that are responsible for the process:

· parameters that are evaluated:

· methods by which each parameter is evaluated:

Question 15

What are the advantages and disadvantages discussed in your country as far as the evaluation of quality of justice is concerned?

· advantages:

· disadvantages:

Question 16

In the opinion of the judiciary in your State, which factor could help to improve the quality of decisions ?

Question 17

Is a system of evaluation of quality of each of the following in force in your State:

· professional performance of police? yes □ no □

· professional performance of public prosecution services? yes □ no □

· professional performance of lawyers? yes □ no □

· enforcement of judgements? yes □ no □

· efficiency of ministry of justice services in general? yes □ no □

· quality of legislation? yes □ no □



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