Strasbourg, 11 June 2009
CEPEJ(2009)5
EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE
(CEPEJ)
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SCHEME FOR EVALUATING JUDICIAL SYSTEMS 2009-20010 CYCLE adopted at the 13th plenary meeting of the CEPEJ Strasbourg, 10-11 June 2009 |
Contents
1. Demographic and economic data
1. 1. 1. Inhabitants and economic information
1. 2. Budgetary data concerning judicial system
1.2.2. Budget (courts, public prosecution, legal aid, fees)
2. Access to Justice and to all courts
2. 2. Users of the courts and victims
2. 2. 1. Rights of the users and victims
2. 2. 2. Confidence of citizens in their justice system
3. Organisation of the court system
3. 1 . 4 Court budget and New Technologies
3. 2. Monitoring and evaluation
3. 2. 1. Monitoring and evaluation
4. 2. Timeframes of proceedings
4. 2. 2. Penal, civil and administrative law cases
5. Career of judges and prosecutors
5. 1. Appointment and training
5. 1. 1 Recruitment, nomination and promotion
5. 2. Practice of the profession
5. 2. 2. Disciplinary procedures
6. 1. Statute of the profession
6. 2. 1 Complaints and sanctions
7. Alternative Dispute Resolution
7. 1. Mediation and other forms of ADR
7. 1. 2. Other forms of alternative dispute resolution
8. Enforcement of court decisions
8. 1. Execution of decisions in civil matters
8. 1. 3. Complaints and sanctions
8. 2. Execution of decisions in criminal matters
SCHEME FOR EVALUATING JUDICIAL SYSTEMS
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COUNTRY: |
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National correspondent |
First Name – Name
Position
Organisation
Telephone
1. Number of inhabitants
2. Total of annual State public expenditure / where appropriate, public expenditure at regional or federal entity level (in €)
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Amount |
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State level |
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Regional / entity level |
3. Per capita GDP (in €)
4. Average gross annual salary (in €)
5. Exchange rate from national currency (non-Euro zone) to € on 1 January 2009
***
Please indicate the sources for questions 1 to 4 and give comments concerning the interpretation of the figures supplied if appropriate:
6. Total annual approved budget allocated to all courts (in €)
7. Please specify:
8. Does the approved budget of the courts include the following items? Please give for each item (or some of them) a specification of the amount concerned or indicate NA (not available) in case that the information cannot be supplied
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Yes |
Amount (Euro) |
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Annual public budget allocated to (gross) salaries |
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Annual public budget allocated to computerisation (equipment, investments, maintenance) |
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Annual public budget allocated to justice expenses |
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Annual public budget allocated to court buildings (maintenance, operation costs) |
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Annual public budget allocated to investments in new (court) buildings |
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Annual public budget allocated to training and education |
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Other (please specify): |
Please provide comments to explain the data provided under question 8:
9. Has the annual public budget of the courts changed (increased or decreased) over the last five years?
Yes
No
If yes, please specify (i.e. provide an indication of the increase or decrease of the budget over the last five years:
10. In general are litigants required to pay a court tax or fee to start a proceeding at a court of general jurisdiction:
for criminal cases?
for other than criminal cases?
If yes, are there exceptions?Please specify:
11. If yes, please specify the annual income of court fees (or taxes) received by the State (in Euros)
Please provide comments to explain the data provided under question 11:
12. Total annual approved budget allocated to the whole justice system (in €)
Please provide information concerning the budgetary elements that included in the whole justice system budget:
13. Total annual approved public budget allocated to legal aid (in €)
Please provide comments to explain the figure provided under question 13:
14. If possible, please specify (if no data is available (NA) or if it does not apply to your system (NAP) please indicate it with the relevant abbreviation):
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Annual public budget allocated to legal aid in criminal law cases |
Annual public budget allocated to legal aid in non criminal law cases |
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Amount |
Please provide comments to explain the figures provided under question14:
15. Is the public budget allocated to legal aid included in the court budget ?
Yes
No
16. Total annual approved public budget allocated to the public prosecution system (in €)
Please provide comments to explain the figure provided under question 16:
17. Is the budget allocated to the public prosecution included in the court budget?
Yes
No
18. Authorities formally responsible for the budget allocated to the courts:
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Management and allocation of the budget among the individual courts |
Evaluation of the use of the budget at a national level |
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Other ministry |
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Parliament |
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Supreme Court |
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Courts |
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Other. |
19. If other Ministry and/or inspection body and/or other, please specify (in regards to question 18):
***
You can indicate below:
- any useful comments for interpreting the data mentioned in this chapter
- the characteristics of your budgetary system and the main reforms that have been implemented over the last two years
- if available an organisation scheme with a description of the competencies of the different authorities responsible for the budget process
Please indicate the sources for answering the questions 6, 8, 11, 12, 13, 14 and 16.
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Other than criminal cases |
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Other |
21. If other, please specify (in regards to question 20):
22. Does legal aid foresee the covering or the exoneration of court fees?
Yes
No
23. Can legal aid be granted for the fees that are related to the execution of judicial decisions?
Yes
No
24. Number of cases granted with legal aid provided by (national, regional, local) public authorities (if no data is available (NA) or if it does not apply to your system (NAP) please indicate it with the relevant abbreviation):
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Number |
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Total |
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Criminal cases |
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Please specify when appropriate:
25. In a criminal case, can any individual who does not have sufficient financial means be assisted by a free of charge (or financed by public budget) lawyer?
Yes
No
26. Does your country have an income and asset test for granting legal aid:
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Yes |
Amount in € |
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for criminal cases |
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Please provide comments to explain the figures provided under question 26:
27. In other than criminal cases, is it possible to refuse legal aid for lack of merit of the case (for example for frivolous action)?
Yes
No
Not applicable (NAP)
Please provide comments to explain the answer under question 27:
28. If yes, is the decision for granting or refusing legal aid taken by:
an authority external to the court?
a mixed decision-making authority (court and external)?
29. Is there a private system of legal expense insurance enabling individuals to finance court proceedings?
Yes
No
30. Do judicial decisions have an impact on who bears the legal costs which are paid by the parties during the procedure in:
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Yes (the decision has an impact on who bears the legal costs) |
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***
- any useful comments for interpreting the data mentioned in this chapter
- the characteristics of your legal aid system and the main reforms that have been implemented over the last two years
Please indicate the sources for answering the questions 24 and 26
31. Are there official internet sites/portals (e.g. Ministry of Justice, etc.) for the following, which the general public may have free of charge access to:
Yes
§ legal texts (e.g. codes, laws, regulations, etc.)? Internet address(es):
§ case-law of the higher court/s?
Internet address(es):
§ other documents (for examples forms)?
Internet address(es):
32. Is there an obligation to provide information to the parties concerning the foreseeable timeframe of the proceeding?
Yes
No
If yes, please specify:
33. Is there a public and free-of-charge specific information system to inform and to help victims of crimes?
Yes
No
If yes, please specify:
34. Are there special favourable arrangements to be applied, during judicial proceedings, to the following categories of vulnerable persons:
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Information mechanism |
Hearing modalities |
Procedural rights |
Other |
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Victims of terrorism |
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Children/Witnesses/Victims |
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Victims of domestic violence |
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Ethnic minorities |
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Disabled persons |
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Juvenile offenders |
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Other(*) |
If other, please specify:
35. Does your country have a compensation procedure for victims of crimes?
Yes
No
36. If yes, does this compensation procedure consist in:
a court decision?
private fund?
If yes, which kind of cases does this procedure concern?
37. Are there studies to evaluate the recovery rate of the compensation awarded by courts to victims?
Yes
No
If yes, please specify:
38. Is there a specific role for the public prosecutor with respect to the (protection of the position and assistance of) victims?
Yes
No
If yes, please specify:
39. Do victims of crimes have the right to contest to a decision of the public prosecution to discontinue a case?
Yes
No
If yes, please specify:
40. Is there a system for compensating users in the following circumstances:
excessive length of proceedings?
non execution of court decisions?
wrongful arrest?
wrongful condemnation?
If yes, please specify (fund, daily tariff):
41. Does your country have surveys aimed at users or legal professionals (judges, lawyers, officials, etc.) to measure their trust and/or satisfaction (with the services delivered by the judiciary system)?
(Satisfaction) surveys aimed at judges
(Satisfaction) surveys aimed at court staff
(Satisfaction) surveys aimed at public prosecutors
(Satisfaction) surveys aimed at lawyers
(Satisfaction) surveys aimed at citizens (visitors of the court)
(Satisfaction) surveys aimed at other clients of the courts
If possible, please specify their titles, how to find these surveys, etc:
42. If possible, please specify:
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Yes (surveys at a regular interval: for example annual) |
Yes (incidental surveys) |
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Surveys at court level |
43. Is there a national or local procedure for making complaints about the functioning (for example the treatment of a case by a judge or the duration of a proceeding) of the judicial system?
Yes
No
44. If yes, please specify:
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Time limit to respond (Yes) |
Time limit for dealing with the complaint (Yes) |
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Court concerned |
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Higher court |
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Ministry of Justice |
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High Council of the Judiciary |
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Other external organisations (e.g. Ombudsman) |
Please give elements of information concerning the efficiency of this complaint procedure:
45. Number of courts considered as legal entities (administrative structures) and geographic locations (please, complete the table. If no data is available (NA) or if it does not apply to your system (NAP) please indicate it with the relevant abbreviation.
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Total number |
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First instance courts of general jurisdiction Courts (legal entities) |
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Specialised first instance Courts (legal entities) |
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All the Courts (geographic locations)* (this includes Supreme Courts and/or High Courts) |
46. Please specify the different areas of specialisation (and, if possible, the number of courts concerned):
47. Is there a change in the structure in the courts foreseen (for example a reduction of the number of courts (geographic locations) or a change in the powers of courts)?
Yes
No
If yes, please specify:
48. Number of first instance courts competent for a case concerning (if no data is available (NA) or if it does not apply to your system (NAP) please indicate it with the relevant abbreviation):
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Number |
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a debt collection for small claims |
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a dismissal |
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a robbery |
Please specify what is meant by small claims in your country (answer only if the definition has been changed since the previous evaluation cycle):
***
Please indicate the sources for answering the questions 45 and 48:
49. Number of professional judges sitting in courts
(please give the information in full time equivalent and for permanent posts; if there is no data please indicate this with NA))
Please provide comments to explain the answer under question 49:
50. Number of professional judges sitting in courts on an occasional basis and who are paid as such:
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Number |
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gross figure |
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if possible, in full time equivalent |
51. Please provide comments to explain the answer under question 50:
52. Is there in the legal system non-professional judges (including lay judges and excluding jurees) who are not remunerated but who can possibly receive a simple defrayal of costs? (Please indicate NA if no figures are avaiIable).
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Yes |
Number |
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Do you have non-professional judges |
Please provide comments to explain the answer under question 52:
53. Does your judicial system include trial by jury with the participation of citizens?
No
If yes, for which type of case(s)?
54. If possible, indicate the number of citizens who were involved in such juries for the year of reference?
55. Number of non-judge staff who are working in courts (in full time equivalent and for permanent posts). Please indicate NA if no figures are avaiIable.
Please provide comments to explain the answer under question 55:
56. If possible, could you distribute this staff according to the 4 following categories. If no data is available (NA) or if it does not apply to your system (NAP) please indicate it with the relevant abbreviation).
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- non-judge staff (Rechtspfleger or similar bodies), with judicial or quasi-judicial tasks having autonomous competence and whose decisions could be subject to appeal |
Yes |
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- non-judge staff whose task is to assist the judges (case file preparation, assistance during the hearing, keeping the minutes of the meetings, helping to prepare the decisions) such as registrars |
Yes |
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- staff in charge of different administrative tasks as well as of the management of the courts (human resources management, material and equipment management, including computer systems, financial and budgetary management, training management) |
Yes |
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- technical staff |
Yes |
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Attention: the total of these four amounts must be the same as the data given under question 55.
Please provide comments to explain the answer under question 56:
57. If there are Rechtspfleger (or similar bodies) in your judicial system, please describe briefly their status and functions:
58. Number of public prosecutors (in full time equivalent and for permanent posts).
If there is no data available please indicate it (NA).
Please provide comments to explain the answer under question 58:
59. Do any other persons have similar duties as public prosecutors?
60. Number of staff (non prosecutors) attached to the public prosecution service
((in full time equivalent and for permanent posts). If there is no data available please indicate it (NA).
Please provide comments to explain the answer under question 60:
61. Who is entrusted with the individual court budget?
- any useful comments for interpreting the data mentioned above
- if available an organisation scheme with a description of the competencies of the different authorities responsible for the budget process in the court
63. For direct assistance to the judge/court clerk, what are the computer facilities used within the courts?
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+50% of courts |
-50% of courts |
- 10 % of courts |
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64. For administration and management, what are the computer facilities used within the courts?
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100% of courts |
+50% of courts |
-50% of courts |
- 10 % of courts |
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65. For the communication between the court and the parties, what are the computer facilities used within the courts?
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100% of courts |
+50% of courts |
-50% of courts |
- 10 % of courts |
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66. Is there a centralised institution which is responsible for collecting statistical data regarding the functioning of the courts and judiciary?
No
If yes, please specify the name and the address of this institution:
***
- any useful comments for interpreting the data mentioned in this chapter
- the characteristics of your judicial system and the main reforms that has been implemented over the last two years
67. Are the courts required to prepare an annual activity report?
Yes
No
68. Do you have a regular monitoring system of court activities concerning the:
length of proceedings (timeframes)?
69. Do you have a regular system to evaluate the performance of each court?
Yes
No
70. Concerning court activities, have you defined performance indicators (if no, go to question 72)?
Yes
No
71. Please select the 4 main performance and quality indicators that is used for a proper functioning of courts:
length of proceedings (timeframes)
productivity of judges and court staff
percentage of cases that are treated by a single sitting judge
enforcement of penal decisions
satisfaction of employees of the courts
satisfaction of clients (regarding the services delivered by the courts)
judicial quality and organisational quality of the courts
costs of the judicial procedures
72. Are there performance targets defined for individual judges (if no go to question 73) ?
Yes
No
73. Please specify who is responsible for setting the targets:
executive power (for example the ministry of Justice)?
judicial power (for example a High Judicial Council or a Higher Court)?
74. Are there performance targets defined at the level of the courts (if no go to question 75)?
Yes
No
75. Please specify who is responsible for setting the targets:
executive power (for example the ministry of Justice)?
judicial power (for example a High Judicial Council or a Higher Court)?
76. Please specify the main targets applied:
77. Which authority is responsible for the evaluation of the performances of the courts:
78. Are there quality standards (organisational quality and/or judicial quality policy) formulated for the courts (existence of a quality system for the judiciary)?
Yes
No
If yes, please specify:
79. Do you have specialised court staff which is entrusted with quality policy and/or quality systems for the judiciary?
Yes
No
80. Is there a system which measures the backlogs and which detects the cases not processed within a reasonable timeframe for:
81. Do you have a way of analysing waiting time during court procedures?
Yes
No
If yes, please specify:
82. Is there a system to evaluate the functioning of courts on the basis of an evaluation plan (timetable for visits) agreed a priori?
Yes
No
Please specify (including an indication of the frequency of the evaluation):
83. Is there a system for monitoring and evaluating the functioning of the prosecution services?
Yes
No
***
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of your court monitoring and evaluation system
84. What is the percentage of judgements in first instance criminal cases in which the suspect is not attending in person or not represented by a legal professional (i.e. lawyer) during a court session (in absentia judgements)? If no data is available (NA) or if it does not apply to your system (NAP) please indicate it with the relevant abbreviation).
85. Is there a procedure to effectively challenge a judge if a party considers that the judge is not impartial?
Yes
No
If possible, number of successful challenges (in a year):
86. Please give the following data concerning the number of cases regarding Article 6 of the European Convention of Human Rights (on duration and non-execution), for the year of reference. If there is no data available, please indicate it (NA).
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Cases declared inadmissible by the Court |
Friendly settlements |
Judgements establishing a violation |
Judgements establishing a non violation |
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Civil proceedings - Article 6§1 (duration) |
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Civil proceedings - Article 6§1 (non-execution) |
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Criminal proceedings - Article 6§1 (duration) |
87. Are there specific procedures for urgent matters as regards:
civil cases?
criminal cases?
administrative cases?
Please specify:
88. Are there simplified procedures for:
civil cases (small claims)?
criminal cases (petty offences)?
administrative cases?
Please specify (for example if you have introduced a new law on simplified procedures):
89. Do courts and lawyers have the possibility to conclude agreements on the modalities for processing cases (presentation of files, decisions on timeframes for lawyers to submit their conclusions and on dates of hearings)?
Yes
No
If yes, please specify:
90. Total number of cases in the first instance courts (litigious and non-litigious): please complete the table. If the data are not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
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Pending cases on 1 Jan. ‘08 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ‘08 |
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Total of civil, commercial and administrative law cases (litigious and non litigious)* |
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1 Civil (and commercial) litigious cases* |
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2 Civil (and commercial) non-litigious cases* |
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3 Enforcement cases |
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4 Land registry cases** |
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5 Business register cases** |
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6 Administrative law cases |
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7 Other |
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Total criminal cases (8+9) |
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8 Criminal cases (severe criminal offences) |
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9 Misdemeanour and / or minor offences cases |
* Please indicate (in the comments below) which types of cases are included in the total figures of civil, commercial and administrative law cases.
** if applicable
Note 1:the cases mentioned in categories 3 to 5 (enforcement, land registry, business register) should be presented separately in the table. The cases mentioned in category 6 (administrative law cases) should also be separately mentioned for the countries which have specialised administrative courts or units in the courts of general jurisdiction.
For the criminal law cases there may be a problem of classification of cases between severe criminal law cases and misdemeanour cases. Some countries might have other ways of addressing misdemeanour offences (for example via administrative law procedure). Please indicate if possible what case categories are included under "severe criminal cases" and the cases included under "misdemeanour cases and /or minor offences".
Note 2: please check if the figures submitted are consistent (horizontal and vertical). Horizontal consistent data means that: "(pending cases on 1 Jan 08 + incoming cases) – resolved cases" should give the correct number of pending cases on 31 Dec 08. Vertical consistency of data means that the sum of the individual case categories for civil, commercial and administrative cases (categories 1 to 7) should be the figure presented at the second row (total civil, commercial and administrative law cases) and that the sum of the categories 8 and 9 for criminal cases should reflect the total number of criminal cases in the 10th row of the table.
91. Comments (including an indication of the cases that are included in the total figures of civil, commercial and administrative law case and types of criminal law cases - definition of misdemeanour cases, minor offences and severe criminal cases):
92. Total number of cases in the second instance (appeal) courts (litigious and non-litigious): please complete the table. If the data are not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations).
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Pending cases on 1 Jan. ‘08 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ‘08 |
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Total of civil, commercial and administrative law cases (litigious and non-litigious)* |
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1 Civil (and commercial) litigious cases* |
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2 Civil (and commercial) non-litigious cases* |
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3 Enforcement cases |
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4 Land registry cases** |
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5 Business register cases** |
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6 Administrative law cases |
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7 Other |
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Total criminal cases (8+9) |
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8 Criminal cases (Severe criminal offences) |
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9 Misdemeanour and/or minor offences cases |
* Please indicate (in the comments below) which types of cases are included in the total figures of civil, commercial and administrative law cases.
** if applicable
Please check the consistency of data as mentioned under question 88.
Comments (including an indication of the cases that are included in the total figures of civil, commercial and administrative law case and types of criminal law cases and possibly the existence of appeal rates for some case categories):
93. Total number of cases in the highest instance courts (litigious and non-litigious): please complete the table. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
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Pending cases on 1 Jan. ‘08 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ‘08 |
|
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Total of civil, commercial and administrative law cases* (litigious and non-litigious) |
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1 Civil (and commercial) litigious cases* |
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2 Civil (and commercial) non-litigious cases* |
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3 Enforcement cases |
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4 Land registry cases** |
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5 Business register cases** |
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6 Administrative law cases |
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7 Other |
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Total criminal cases (8+9) |
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8 Criminal cases (severe criminal offences) |
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9 Misdemeanour cases (minor offences) |
* Please indicate (in the comments below) which types of cases are included in the total figures of civil, commercial and administrative law cases.
** if applicable
Please check the consistency of data as mentioned under question 88.
Comments (including an indication of the cases that are included in the total figures of civil, commercial and administrative law case and on possible limitations to the appeal to the highest instance court):
94. Number of litigious divorce cases, employment dismissal cases, robbery cases and intentional homicide cases received and treated by first instance courts: please complete the table. If the data are not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
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Pending cases on 1 Jan. ‘08 |
Incoming cases |
Resolved cases |
Pending cases on 31 Jan. ‘08 |
|
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Litigious divorce cases* |
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Employment dismissal cases* |
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Robbery cases |
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Intentional homicide |
95. Average length of proceeding (from the date of lodging of court proceedings) in days, number of pending cases more than 3 years and percentage of cases subject to appeal: please complete the tale. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
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% of decisions subject to appeal |
% pending cases more than 3 years |
1st instance (average length) |
2d instance (average length) |
Total procedure (average total length) |
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Litigious divorce cases* |
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Employment dismissal cases* |
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Robbery cases |
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Intentional homicide |
Please provide comments to explain the answers to question 92:
96. Where appropriate, please specify the specific procedure as regards (litigious and non-litigious) divorce:
97. How is the length of proceedings calculated for the four case categories? Please give a description of the calculation method.
98. Please describe the role and powers of the prosecutor in the criminal procedure (multiple options are possible):
to conduct or supervise police investigation
to conduct investigation
when necessary, to demand investigation measures from the judge
to charge
to present the case in the court
to propose a sentence to the judge
to appeal
to supervise enforcement procedure
to end the case by dropping it without the need for a judicial decision
to end the case by imposing or negotiating a penalty without a judicial decision
other significant powers
Please specify:
99. Does the prosecutor also have a role in civil and/or administrative cases?
Yes
No
Please specify:
100. Functions of the public prosecutor in relation to criminal cases – please complete this table. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
|
Received by the public prosecutor |
Discontinued by the public prosecutor because the offender could not be identified |
Discontinued by the public prosecutor due to the lack of an established offence or a specific legal situation |
Discontinued by the public prosecutor for reason of opportunity |
Concluded by a penalty, imposed or negotiated by the public prosecutor |
Charged by the public prosecutor before the courts |
|
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Total number of 1st instance criminal cases |
Please provide comments to explain the answers to question 97 and indicate in particular if the data given include traffic offences:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of your system concerning timeframes of proceedings and the main reforms that have been implemented over the last two years
Please indicate the sources for answering the questions 88 to 92 and 97:
101. How are judges recruited?
Through a competitive exam (for instance after a law degree)?
A specific recruitment procedure for legal professionals with long working experience in the legal field (for example lawyers)?
A combination of both
Other
Other, please specify:
102. Are judges initially/at the beginning of their carrier recruited and nominated by:
An authority composed of judges only?
An authority composed of non-judges only?
An authority composed of judges and non-judges?
103. Is the same authority competent for the promotion of judges?
Yes
No
If no, please specify which authority is competent for the promotion of judges:
104. Which procedures and criteria are used for promoting judges? Please specify.
105. How are prosecutors recruited?
Through a competitive exam? (for example after a law degree)
A specific recruitment procedure for legal professionals with long working experience in the legal field (for example lawyers)?
A combination of both
Other
Other, please specify:
106. Are prosecutors initially/at the beginning of their carrier recruited and nominated by:
An authority composed of prosecutors only?
An authority composed of non-prosecutors only?
An authority composed of prosecutors and non-prosecutors?
107. Is the same authority formally responsible for the promotion of prosecutors?
Yes
No
If no, please specify which authority is competent for promoting prosecutors:
108. Which procedures and criteria are used for promoting prosecutors? Please specify:
109. Is the mandate given for an undetermined period for judges?
Yes
No
Are there exceptions? Please specify:
110. Is there a probation period for judges? If yes, how long is this period?
|
Yes |
Duration of the probation period (in years) |
|
|
Probation period for judges |
111. Is the mandate given for an undetermined period for prosecutors?
Yes
No
Are there exceptions? Please specify:
112. Is there a probation period for prosecutors? If yes, how long is this period?
|
Yes |
Duration of the probation period (in years) |
|
|
Probation period for prosecutors |
113. If the mandate for judges/prosecutors is not for an undetermined period, what is the length of the mandate? Is it renewable?
§ for judges? Yes, please specify the length
§ for prosecutors? Yes, please specify the length
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of the selection and nomination procedure of judges and prosecutors and the main reforms that have been implemented over the last two years
114. Nature of the training of judges. Is it compulsory?
Initial training
General in-service training
In-service training for specialised judicial functions (e.g. judge for economic or administrative issues)
In-service training for management functions of the court (e.g. court president)
In-service training for the use of computer facilities in the court)
115. Frequency of the training of judges
|
Annual |
Regular |
Occasional |
|
|
Initial training |
|||
|
General in-service training |
|||
|
In-service training for specialised judicial functions (e.g. judge for economic or administrative issues) |
|||
|
In-service training for management functions of the court (e.g. court president) |
|||
|
In-service training for the use of computer facilities in the court) |
116. Nature of the training of prosecutors. Is it compulsory?
Initial training
General in-service training
Specialised in-service training (specialised public prosecutor)
In-service training for management functions of the prosecution services (e.g. head prosecutor and/or managers)
In-service training for the use of computer facilities in the public prosecution service)
117. Frequency of the training of prosecutors
|
Annual |
Regular |
Occasional |
|
|
Initial training |
|||
|
General in-service training |
|||
|
Specialised in-service training (specialised public prosecutor) |
|||
|
In-service training for management functions of the prosecution services (e.g. head prosecutor and/or managers) |
|||
|
In-service training for the use of computer facilities in the public prosecution service) |
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ comments regarding the attention given in the curricula to the European Convention on Human Rights and the case law of the Court
§ the characteristics of your training system for judges and prosecutors and the main reforms that has been implemented over the last two years
118. Salaries of judges and prosecutors: please complete the table. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
|
Gross annual salary (€) |
Net annual salary (€) |
|
|
First instance professional judge at the beginning of his/her career |
||
|
Judge of the Supreme Court or the Highest Appellate Court |
||
|
Public prosecutor at the beginning of his/her career |
||
|
Public prosecutor of the Supreme Court or the Highest Appellate Instance |
Please provide comments to explain the answers to question 115:
119. Do judges and public prosecutors have additional benefits?
|
Judges |
Public prosecutors |
|
|
Special pension |
||
|
Housing |
||
|
Other financial benefit |
120. If other financial benefit, please specify:
121. Can judges combine their work with any of the following other functions ?
|
Yes with remuneration |
Yes without remuneration |
No |
|
|
Teaching |
|||
|
Research and publication |
|||
|
Arbitrator |
|||
|
Consultant |
|||
|
Cultural function |
|||
|
Other function |
122. If other function, please specify:
123. Can prosecutors combine their work with any of the following other functions?
|
Yes with remuneration |
Yes without remuneration |
No |
|
|
Teaching |
|||
|
Research and publication |
|||
|
Arbitrator |
|||
|
Consultant |
|||
|
Cultural function |
|||
|
Other function |
124. If other function, please specify:
125. Do judges receive bonus based on the fulfilment of quantitative objectives relating to the delivering of judgments?
Yes
No
If yes, please specify:
***
Please indicate the source for answering the question 115:
126. Which authority is authorized to initiate disciplinary proceedings against judges and/or prosecutors? Please specify:
127. Which authority has the disciplinary power on judges and prosecutors? Please specify:
128. Number of disciplinary proceedings initiated against judges and prosecutors: please complete the table. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
|
Judges |
Prosecutors |
|
|
Total number (1+2+3+4) |
||
|
1. Breach of professional ethics |
||
|
2. Professional inadequacy |
||
|
3. Criminal offence |
||
|
4. Other |
Please provide comments to explain the answers to question 125:
129. Number of sanctions pronounced against judges and prosecutors: please complete the table. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
|
Judges |
Prosecutors |
|
|
Total number (total 1 to 9) |
||
|
1. Reprimand |
||
|
2. Suspension |
||
|
3. Withdrawal of cases |
||
|
4. Fine |
||
|
5. Temporary reduction of salary |
||
|
6. Degradation of post |
||
|
7. Transfer to another geographical (court) location |
||
|
8. Dismissal |
||
|
9. Other |
Please provide comments to explain the answers to question 126:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of your system concerning disciplinary procedures for judges and prosecutors and the main reforms that have been implemented over the last two years
130. Total number of lawyers practising in your country. If there is no data available, please indicate it (NA).
131. Does this figure include legal advisors (solicitors or in-house counsellor) who cannot represent their clients in court? If no go to question 130.
Yes
No
Not applicable
132. Number of legal advisors. If there is no data available, please indicate it (NA)
133. Do lawyers have a monopoly of representation in (multiple options are possible):
Civil cases*?
Criminal cases - Defendant*?
Criminal cases - Victim*?
Administrative cases*?
* If appropriate, please specify if it concerns first instance and appeal. And in case there is no monopoly, please specify the organisations or persons which may represent a client before a court (for example a NGO, family member, trade union, etc) and for which types of cases:
134. Is the lawyer profession organised through?
a national bar?
a regional bar?
a local bar?
Please specify:
***
Please indicate the source for answering the questions 127 and 129:
135. Is there a specific initial training and/or examination to enter the profession of lawyer?
Yes
No
136. Is there a mandatory general system for lawyers requiring continuing professional training?
Yes
No
137. Is the specialisation in some legal fields tied with a specific level of training/ qualification/ specific diploma or specific authorisations?
Yes
No
If yes, please specify:
138. Can users establish easily what the lawyers’ fees will be?
Yes
No
Please provide comments to explain the answer under question 135:
139. Are lawyers fees:
Please provide comments to explain the answer under question 136:
140. Have quality standards been formulated for lawyers?
Yes
No
141. If yes, who is responsible for formulating these quality standards:
the bar association?
the legislature?
other?
Please specify (including a description of the quality criteria used):
142. Is it possible to complain about :
the performance of lawyers?
the amount of fees?
Please specify:
143. Which authority is responsible for disciplinary procedures:
the judge?
the Ministry of justice?
a professional authority or other?
Please specify:
144. Disciplinary proceedings initiated against lawyers: please complete the table. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
|
Breach of professional ethics |
Professional inadequacy |
Criminal offence |
Other |
|
|
Annual number |
Please provide comments to explain the answers to question 141:
145. Sanctions pronounced against lawyers : please complete the table. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
|
Reprimand |
Suspension |
Removal |
Fine |
Other |
|
|
Annual number |
Please provide comments to explain the answers to question 142:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of your system concerning the organisation of the Bar and the main reforms that have been implemented over the last two years
146. Does the legal system provide for mediation procedures? If no go to question 148.
Yes
No
147. If applicable, please specify, by type of cases, the organisation of mediation:
|
Possibility for private mediation proposed by the judge or court annexed mediation |
Private mediator |
Public authority (other than the court) |
Judge |
Prosecutor |
|
|
Civil and commercial cases |
|||||
|
Family law cases (ex. Divorce) |
|||||
|
Administrative cases |
|||||
|
Employment dismissals |
|||||
|
Criminal cases |
148. Is there a possibility to receive legal aid for mediation procedures?
Yes
No
If yes, please specify:
149. Number of accredited mediators. If there is no data available, please indicate it (NA).
150. Please Indicate the total number of judicial mediation procedures per case category. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
Number
§ civil cases?
§ family cases?
§ administrative cases?
§ employment dismissals?
§ criminal cases?
Please indicate the source for answering the question 147:
151. Can you give information concerning other forms of alternative dispute resolution (e.g. arbitration, conciliation)? Please specify:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of your system concerning ADR and the main reforms that have been implemented over the last two years
152. Do you have in your system enforcement agents (judicial officers)? If no go to question 154.
Yes
No
153. Number of enforcement agents. If there is no data available, please indicate it (NA).
154. Are enforcement agents (multiple options are possible):
judges?
bailiff practising as private profession ruled by public authorities?
bailiff working in a public institution?
other enforcement agents?
Please specify their status and powers:
155. Is there a specific initial training or examination to enter the profession of enforcement agent?
Yes
No
Not applicable
156. Is the profession of enforcement agent organised by?
a national body?
a regional body?
a local body?
not applicable
157. Can users establish easily what the fees of the enforcement agents will be?
Yes
No
Not applicable
158. Are enforcement fees:
regulated by law?
freely negotiated?
not applicable
***
Please indicate the source for answering the question 153:
159. Is there a body entrusted with the supervision and the control of the enforcement agents?
Yes
No
Not applicable
160. Which authority is responsible for the supervision and the control of enforcement agents:
a professional body?
the judge?
the Ministry of justice?
the prosecutor?
other?
Please specify:
161. Have quality standards been formulated for enforcement agents?
Yes
No
Not applicable
If yes, who is responsible for formulating these quality standards and what are the quality criteria used?
162. Is there a specific mechanism for executing court decisions rendered against public authorities, including the follow up to this execution?
Yes
No
if yes, please specify
163. Is there a system for monitoring the execution?
Yes
No
If yes, please specify
164. What are the main complaints of users concerning the enforcement procedure?
Please indicate a maximum of 3.
no execution at all?
non execution of court decisions against public authorities?
lack of information?
excessive length?
unlawful practices?
insufficient supervision?
excessive cost?
other?
Please specify:
165. Has your country prepared or has established concrete measures to change the situation concerning the enforcement of court decisions – in particular as regards decisions against public authorities?
No
If yes, please specify:
166. Is there a system measuring the timeframes of the enforcement of decisions :
for civil cases?
for administrative cases?
167. As regards a decision on debts collection, can you estimate the average timeframe to notify the decision to the parties which live in the city where the court sits:
between 1 and 5 days
between 6 and 10 days
between 11 and 30 days
more
If more, please specify
168. Number of disciplinary proceedings initiated against enforcement agents. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
Total number of disciplinary proceedings
for breach of professional ethics
for professional inadequacy
for criminal offence
Other
169. Number of sanctions pronounced against enforcement agents. If the data are not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
Total number of sanctions
Reprimand
Suspension
Dismissal
Fine
Other
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of your enforcement system of decisions in civil matters and the
main reforms that has been implemented over the last two years
Please indicate the source for answering the questions 167, 168 and 169:
170. Is there a judge who is in charge of the enforcement of judgments?
Yes
No
If yes, please specify his/her functions and activities (e.g. Initiative or control functions). If no, please specify which authority is entrusted with the enforcement of judgements (e.g. prosecutor):
171. As regards fines decided by a criminal court, are there studies to evaluate the effective recovery rate?
Yes
No
If yes, please specify:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of your enforcement system of decisions in criminal matters and the main reforms that have been implemented over the last two years
172. Do you have notaries in your country? If no go to question 177.
Yes
No
173. Is the status of notaries (if the data are not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations):
a private one (without control from public authorities)? number
a status of private worker ruled by the public authorities? number
a public one? number
other? number
If other, please specify:
174. Do notaries have duties:
within the framework of civil procedure?
in the field of legal advice?
to authenticate legal deeds?
other?
Please specify:
***
Please indicate the source for answering the question 173!:
175. Is there an authority entrusted with the supervision and the control of the notaries?
Yes
No
176. Which authority is responsible for the supervision and the control of the notaries:
a professional body?
the judge?
the Ministry of justice?
the prosecutor?
other?
not applicable
Please specify:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned in this chapter
§ the characteristics of your system of notaries and the main reforms that have been implemented over the last two years
177. Is the title of court interpreter protected?
Yes
No
178. Is the function of court interpreter regulated?
Yes
No
179. Number of certified court interpreters. If the data is not available (NA) or not applicable (NAP) please indicate it in the table with the relevant abbreviations.
180. Are there binding provisions regarding the quality of court interpreting in judicial proceedings?
Yes
No
If yes, please specify:
181. Are the courts responsible for the selection of court interpreters?
Yes
No
Please provide comments to explain the answers to question 178 (in particular, if no, which authority selects court interpreters?) :
182. Can you provide information on the current debate in your country regarding the functioning of justice? Are there foreseen reforms? For example changes in legislation, changes in the structure of the judiciary, innovation programmes, etc. Please specify: