Strasbourg, 21 May 2013

    CEPEJ(2012)12Rev2

    EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE
    (CEPEJ)

SCHEME FOR EVALUATING JUDICIAL SYSTEMS

2012-2014 CYCLE

revised at the 20th plenary meeting of the CEPEJ

Strasbourg, 6-7 December 2012

COUNTRY:

National correspondent

 

    First Name – Name

    Position

    Organisation

    E-mail

    Telephone

1. Demographic and economic data

    1.1 Inhabitants and economic information

    1. Number of inhabitants (if possible on 1 January 2013)

    2. Total of annual public expenditure at state level and where appropriate, public expenditure at regional or federal entity level (in €) - (If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP).

      State or federal level ☐ NA ☐ NAP

      Regional / federal entity level (total for all regions / federal entities) ☐NA ☐ NAP

    3. Per capita GDP (in €)

    4. Average gross annual salary (in €)

    5. Exchange rate of national currency (non-Euro zone) in € on 1 January 2013

      ***

    A.1 Please indicate the sources for questions 1 to 4 and give comments concerning the interpretation of the figures supplied if appropriate:

    1.2. Budgetary data concerning judicial system

    6. Annual approved public budget allocated to the functioning of all courts, in € (if possible without the budget of the public prosecution services and without the budget of legal aid):

     

    Amount (in €)

    TOTAL annual approved budget allocated to the functioning of all courts (1 + 2 + 3 + 4 + 5 + 6 + 7)

    / ☐NA / ☐NAP

    1. Annual public budget allocated to (gross) salaries

    / ☐NA / ☐NAP

    2. Annual public budget allocated to computerisation (equipment, investments, maintenance)

    / ☐NA / ☐NAP

    3. Annual public budget allocated to justice expenses (expertise, interpretation, etc), without legal aid. NB: this does not concern the taxes and fees to be paid by the parties.

    / ☐NA / ☐NAP

    4. Annual public budget allocated to court buildings (maintenance, operating costs)

    / ☐NA / ☐NAP

    5. Annual public budget allocated to investments in new (court) buildings

    / ☐NA / ☐NAP

    6. Annual public budget allocated to training and education

    / ☐NA / ☐NAP

    7. Other (Please specify)

    / ☐NA / ☐NAP

    7. If you cannot separate the budget of the public prosecution services and the budget of legal aid from the budget allocated to all courts, please indicate it clearly. If “other”, please specify:

    8. Are litigants in general required to pay a court tax or fee to start a proceeding at a court

      of general jurisdiction:

    for criminal cases? Yes No

    for other than criminal cases? Yes No

      If yes, are there exceptions to the rule to pay court a tax or fee? Please provide comments on those exceptions:

     

    8.1. Please briefly present the methodology of calculation of courts fees?

    8.2 Please indicate, if possible, the amount of court fees to commence an action for 3000€ debt recovery?

    9. Annual income of court taxes or fees received by the State (in €)

      ☐NA ☐ NAP

    12. Annual approved public budget allocated to legal aid, in €. - If one or several data are not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP. (Question modified)

 

Amount (in €)

Total annual approved public budget allocated to legal aid (12.1 + 12.2)

/ ☐NA / ☐NAP

12.1 Annual public budget allocated to legal aid for cases brought tp court

/ ☐NA / ☐NAP

12.1.1 in criminal law cases

/ ☐NA / ☐NAP

12.1.2 in other than criminal law cases

/ ☐NA / ☐NAP

12.2 Annual public budget allocated to legal aid for non litigious cases or cases not brought to court (legal consultation, ADR, etc)

/ ☐NA / ☐NAP

      If your system enables to be granted legal aid for cases which are non litigious or not brought to court, please specify:

     

    13. Total annual approved public budget allocated to the public prosecution services, in €

    ☐ NA ☐ NAP

      Please indicate any useful comment to explain the figures provided:

     

    14. Authorities formally responsible for the budgets allocated to the courts (multiple

    options possible):

     

    Preparation of the total court budget

    Adoption of the total court budget

    Management and allocation of the budget among the courts

    Evaluation of the use of the budget at a national level

    Ministry of Justice

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Other ministry

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Parliament

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Supreme Court

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    High Judicial Council

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Courts

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Inspection body

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Other

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    Yes No

    NA ☐NAP

    15. If any other Ministry and/or inspection body and/or other, please specify (considering question 14):

     

    ***

    A.2 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 questions 6, 9, 10, 11, 12 and 13:

     

    1.3. Budgetary data concerning the whole justice system

    The following data would be useful for information.

    15.1 Former question 10. Annual approved public budget allocated to the whole justice system, in € (this global budget does not include only the court system as defined under question 6, but also the prison system, the judicial protection of juveniles, the operation of the Ministry of Justice, etc.)

      ☐NA

    15.2 Former question 11. Please indicate the budgetary elements that are included in the whole justice system:

      Court (see question 6) Yes No ☐NA ☐NAP

      Legal aid (see question 12) Yes No ☐NA ☐NAP

      Public prosecution services (see question 13) Yes No ☐NA ☐NAP

      Prison system Yes No ☐NA ☐NAP

      Probation services Yes No ☐NA ☐NAP

      Council of the judiciary Yes No ☐NA ☐NAP

      Constitutional court Yes No ☐NA ☐NAP

      Judicial management body Yes No ☐NA ☐NAP

      State advocacy Yes No ☐NA ☐NAP

      Enforcement services Yes No ☐NA ☐NAP

      Notariat Yes No ☐NA ☐NAP

      Forensic services Yes No ☐NA ☐NAP

      Judicial protection of juveniles Yes No ☐NA ☐NAP

      Functioning of the Ministry of Justice Yes No ☐NA ☐NAP

      Refugees and asylum seekers services Yes No ☐NA ☐NAP

      Other Yes No ☐NA ☐NAP

      If “other”, please specify:

2. Access to Justice and to all courts

    2.1 Legal aid

    16. Does legal aid apply to:

     

    Criminal cases

    Other than criminal cases

    Representation in court

    ☐ Yes ☐ No ☐ NA ☐ NAP

    ☐ Yes ☐ No ☐ NA ☐ NAP

    Legal advice

    ☐ Yes ☐ No ☐ NA ☐ NAP

    ☐ Yes ☐ No ☐ NA ☐ NAP

    17. Does legal aid include the coverage of or the exemption from court fees?

    Yes

    ☐ No

    If yes, please specify:

     

    18. Can legal aid be granted for the fees that are related to the enforcement of judicial

    decisions (e.g. fees of an enforcement agent)?

    Yes

    ☐ No

    If yes, please specify:

     

    19. Can legal aid be granted for other costs (different from questions 16 to 18, e.g. fees of

    technical advisors or experts, costs of other legal professionals (notaries), travel costs etc.)?

    Criminal cases

    Other than criminal cases

    ☐ Yes ☐ No ☐ NA ☐ NAP

    ☐ Yes ☐ No ☐ NA ☐ NAP

    If yes, please specify:

     

    20. Number of cases referred to the court for which legal aid has been granted. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

      This question concerns only the annual number of cases for which legal aid has been granted to those referring a case to a court. It does not concern legal advice provided for cases that are not brought before the court.

    Total

    / ☐NA / ☐NAP

    Criminal cases

    / ☐NA / ☐NAP

    Other than criminal cases

    / ☐NA / ☐NAP

      Please specify when appropriate:

     

    20.1 Number of cases not brought to court (see 12.2 above) for which legal aid has been granted. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

      / ☐NA / ☐NAP

    21. In criminal cases, can individuals who do not have sufficient financial means be

      assisted by a free of charge (or financed by a public budget) lawyer?

      Accused individuals Yes ☐ No

      Victims Yes ☐ No

    If yes, please specify:

     

    22. If yes, are individuals free to choose their lawyer within the framework of the legal aid system?

                      Yes ☐ No

    23. Does your country have an income and assets evaluation for granting legal aid to the

    Applicant. If you have such a system but no data available, please indicate NA. If you do not have such a system, please indicate NAP.

    for criminal cases

    ☐ Yes

    amount of annual income (if possible for one person) in € ☐NA ☐NAP

    amount of assets in € ☐NA ☐NAP

    ☐No

    for other than criminal cases?

    ☐ Yes

    amount of annual income (if possible for one person) in € ☐NA ☐NAP

    amount of assets in € ☐NA ☐NAP

    ☐No

      Please provide comments to explain the figures provided:

     

    24. In other than criminal cases, is it possible to refuse legal aid for lack of merit of the case (for example for frivolous action or no chance of success)?

    Yes

    ☐ No

      If yes, please explain the exact criteria for denying legal aid:

     

    25. In other than criminal cases, is the decision to grant or refuse legal aid taken by:

      the court?

      an authority external to the court?

      a mixed authority (court and external bodies)?

    26. Is there a private system of legal expense insurance enabling individuals (this does not concern companies or other legal persons) to finance court proceedings?

    Yes

    ☐ No

      If appropriate, please inform about the current development of such insurances in your country; is it a growing phenomenon?

     

    27. Can judicial decisions direct how legal costs, paid by the parties during the procedure, will be shared, in :

     

    Yes

    No

    criminal cases?

    other than criminal cases?

    ***

    B.1 You can indicate below:

      - 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 questions 20 and 23:

     

    2.2 Users of the courts and victims

    2.2.1 Rights of the users and victims

    28. Are there official internet sites/portals (e.g. Ministry of Justice, etc.) for which the general public may have free of charge access to the following:

      § legal texts (e.g. codes, laws, regulations, etc.)? Yes ☐ No

        Internet address(es):

      § case-law of the higher court/s? Yes ☐ No

        Internet address(es):

      § other documents (e.g. downloadable forms, online registration)? Yes ☐ No

        Internet address(es):

      The websites mentioned could appear in particular on the internet website of the CEPEJ. Please specify what documents and information the addresses for “other documents” include:

    29. Is there an obligation to provide information to the parties concerning the foreseeable timeframes of proceedings?

    Yes

    ☐ No

    ☐ Yes only in some specific situations

      If yes only in some specific situations, please specify:

    30. Is there a public and free-of-charge specific information system to inform and to help victims of crime?

    Yes

    ☐ No

      If yes, please specify:

    31. Are there special favourable arrangements to be applied, during judicial proceedings, to the following categories of vulnerable persons:

      This question does not concern the police investigation phase of the procedure and does not concern compensation mechanisms for victims of criminal offences, which are addressed under questions 32 to 34.

     

    Information mechanism

    Special arrangements in court hearings

    Other

    Victims of sexual violence/rape

    Yes ☐ No

    Yes ☐ No

    Yes ☐ No

    Victims of terrorism

    Yes ☐ No

    Yes ☐ No

    Yes ☐ No

    Minors (witnesses or victims)

    Yes ☐ No

    Yes ☐ No

    Yes ☐ No

    Victims of domestic violence

    Yes ☐ No

    Yes ☐ No

    Yes ☐ No

    Ethnic minorities

    Yes ☐ No

    Yes ☐ No

    Yes ☐ No

    Disabled persons

    Yes ☐ No

    Yes ☐ No

    Yes ☐ No

    Juvenile offenders

    Yes ☐ No

    Yes ☐ No

    Yes ☐ No

    Other (e.g. victims of human trafficking, forced marriage, sexual mutilation)

    Yes ☐ No

    Yes ☐ No

    Yes ☐ No

      If “other vulnerable person” and/or “other special arrangements”, please specify:

    31.1 Is it possible for minors to be a party to a judicial proceedings :

    Yes

    ☐ No

    If yes, please specify which procedure can be concerned (civil, criminal, administrative/normal or accelerated procedure) and at which conditions (can children benefit from legal aid, be represented by a lawyer, etc.) :

     

    32. Does your country allocate compensation for victims of crime?

    Yes

    ☐ No

    If yes, for which kind of offences?

    33. If yes, does this compensation consist in:

      a public fund?

      damages to be paid by the responsible person (decided by a court decision)?

      a private fund?

    34. Are there studies that evaluate the recovery rate of the damages awarded by courts to victims?

    Yes

    ☐ No

      If yes, please illustrate with available data concerning the recovery rate, the title of the studies, the frequency of the studies and the coordinating body:

    35. Do public prosecutors have a specific role with respect to the victims (protection and assistance)?

    Yes

    ☐ No

    If yes, please specify:

    36. Do victims of crime have the right to dispute a public prosecutor’s decision to discontinue a case?

      Please verify the consistency of your answer with that of question 105 regarding the possibility for a public prosecutor "to discontinue a case without needing a decision by a judge".

    Yes

    ☐ No

      ☐ NAP (the public prosecutor cannot decide to discontinue a case on his/her own. A decision by a judge is needed).

    If necessary, please specify:

    2.2.2 Confidence of citizens in their justice system

    37. Is there a system for compensating users in the following circumstances:

      · excessive length of proceedings? Yes No

      · non execution of court decisions? Yes No

      · wrongful arrest? Yes No

      · wrongful condemnation? Yes No

      Where appropriate, please give details on the compensation procedure, the number of cases, the result of the procedures and the existing mechanism for calculating the compensation (e.g. the amount per day for unjustified detentions or convictions):

    38. Does your country have surveys aimed at legal professionals and court users to measure their trust and/or satisfaction with the services delivered by the judicial system? (multiple options possible)

      (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 the parties

      (Satisfaction) surveys aimed at other court users (e.g. jurors, witnesses, experts, interpreters, representatives of governmental agencies)

      (Satisfaction) surveys aimed at victims

      If possible, please specify their titles, object and websites where they can be consulted:

    39. If possible, please specify:

     

    Surveys at a regular interval

    (for example annual)

    Occasional surveys

    Surveys at national level

    Yes No

    Yes No

    Surveys at court level

    Yes No

    Yes No

    40. Is there a national or local procedure for making complaints about the functioning of the judicial system? (for example the handling of a case by a judge or the duration of a proceeding)

      Yes

      No

    41. Please specify which authority is responsible for dealing with such complaints and inform whether there is or not a time limit to respond and/or a time limit for dealing with the complaint (multiple options possible):

     

    Time limit to respond (e.g. to acknowledge receipt of the complaint, to provide information on the follow-up to be given to the complaint, etc.)

    Time limit for dealing with the complaint

    Court concerned

    Higher court

    Ministry of Justice

    High Council of the Judiciary

    Other external bodies (e.g. Ombudsman)

      Please give information concerning the efficiency of this complaint procedure:

    41.1. Please indicate the number of complaints that are upheld and the amount of compensation given to users in 2012 for complaints about the functioning of the judicial system

3. Organisation of the court system

    3.1 Courts

    42. Number of courts considered as legal entities (administrative structures) and geographic locations. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

    42.1 First instance courts of general jurisdiction

    (legal entities)

    / ☐NA / ☐NAP

    42.2 First instance specialised courts (legal entities)

    / ☐NA / ☐NAP

    42.3 All the courts (geographic locations) (this includes 1st instance courts of general jurisdiction, first instance specialised courts, all second instance courts and courts of appeal and all supreme courts)

    / ☐NA / ☐NAP

    43. Number (legal entities) of first instance specialised courts (or specific judicial order). If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP. (modified question)

      Total (must be the same as the data given under question 42.2)

    / ☐NA / ☐NAP

      Commercial courts (excluded insolvency courts)

    / ☐NA / ☐NAP

      Insolvency courts

     

      Labour courts

    / ☐NA / ☐NAP

      Family courts

    / ☐NA / ☐NAP

      Rent and tenancies courts

    / ☐NA / ☐NAP

      Enforcement of criminal sanctions courts

    / ☐NA / ☐NAP

      Fight against terrorism, organised crime and corruption

    / ☐NA / ☐NAP

      Internet related disputes

    / ☐NA / ☐NAP

      Administrative courts

    / ☐NA / ☐NAP

      Insurance and / or social welfare courts

    / ☐NA / ☐NAP

      Military courts

    / ☐NA / ☐NAP

      Other specialised 1st instance courts

    / ☐NA / ☐NAP

      If “other specialised 1st instance courts”, please specify:

    44. Is there a foreseen change in the structure of courts [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:

    45. Number of first instance courts (geographic locations) competent for a case concerning:

a debt collection for small claims

/ ☐NA / ☐NAP

a dismissal

/ ☐NA / ☐NAP

a robbery

/ ☐NA / ☐NAP

      If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

      Please give the definition for small claims and indicate the monetary value of a small claim:

      ***

    Please indicate the sources for answering questions 42, 43 and 45:

    3.2 Judges and non-judge staff

      Please make sure that public prosecutors and their staff are excluded from the following figures (they will be part of questions 55-60). If a distinction between staff attached to judges and staff attached to prosecutors cannot be made, please indicate it clearly.

      Please indicate the number of posts that are actually filled at the date of reference and not the theoretical budgetary posts.

    46. Number of professional judges sitting in courts (if possible on 31 December 2012). If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

    (please give the information in full-time equivalent and for permanent posts actually filled for all types of courts - general jurisdiction and specialised courts )

 

Total

Males

Females

 

Total number of professional judges (1 + 2 + 3)

      / NA

      / NA

      / NA

NAP

1. Number of first instance professional judges

      / NA

      / NA

      / NA

NAP

2. Number of second instance (court of appeal) professional judges

      / NA

      / NA

      / NA

NAP

3. Number of supreme court professional judges

      / NA

      / NA

      / NA

NAP

      Please provide any useful comment for interpreting the data above :

47. Number of court presidents (professional judges). If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

 

Total

Males

Females

 

Total number of court presidents (1 + 2 + 3)

      / NA

      / NA

      / NA

NAP

1. Number of first instance court presidents

      / NA

      / NA

      / NA

NAP

2. Number of second instance (court of appeal) court presidents

      / NA

      / NA

      / NA

NAP

3. Number of supreme court presidents

      / NA

      / NA

      / NA

NAP

    48. Number of professional judges sitting in courts on an occasional basis and who are paid as such (if possible on 31 December 2012):

    Gross figure

    / ☐NA / ☐NAP

    If possible, in full-time equivalent

    / ☐NA / ☐NAP

      If necessary, please provide comments to explain the answer under question 48:

    49. Number of non-professional judges who are not remunerated but who can possibly receive a simple defrayal of costs (if possible on 31 December 2012) (e.g. lay judges and “juges consulaires”, but not arbitrators and persons sitting in a jury): (modified question)

    Gross figure

    / ☐NA / ☐NAP

      If such non-professional judges exists in your country, please specify:

    50. Does your judicial system include trial by jury with the participation of citizens?

    ☐ Yes

    ☐ No

    If yes, for which type of case(s)?

    51. Number of citizens who were involved in such juries for the year of reference:

    NA ☐ NAP ☐

    52. Number of non-judge staff who are working in courts for judges (if possible on 31 December 2012) (this data should not include the staff working for public prosecutors; see question 60) (modified question)

      (please give the information in full-time equivalent and for permanent posts actually filled)

    Total non-judge staff working in courts (1 + 2 + 3 + 4 + 5)

    among which women

    / ☐NA / ☐NAP

    1. Rechtspfleger (or similar bodies) with judicial or quasi-judicial tasks having autonomous competence and whose decisions could be subject to appeal

    among which women / ☐NA / ☐NAP

    2. Non-judge staff whose task is to assist the judges (case file preparation, assistance during the hearing, court recording, helping to draft the decisions) such as registrars

    among which women / ☐NA / ☐NAP

    3. Staff in charge of different administrative tasks and of the management of the courts (human resources management, material and equipment management, including computer systems, financial and budgetary management, training management)

    among which women / ☐NA / ☐NAP

    4. Technical staff

    among which women / ☐NA / ☐NAP

    5. Other non-judge staff

    among which women / ☐NA / ☐NAP

    If “other non-judge staff”, please specify:

    53. If there are Rechtspfleger (or similar bodies) in your judicial system, please describe briefly their status and duties:

    54. Have the courts delegated certain services, which fall within their powers, to private providers (e.g. IT services, training of staff, security, archives, cleaning)?

    ☐ Yes

    ☐ No

    If yes, please specify:

    ***

    C.1 You can indicate below:

        - any useful comments for interpreting the data mentioned in this chapter

        - the characteristics of your judicial system and the main reforms that have been implemented over the last two years

    Please indicate the sources for answering questions 46, 47, 48, 49 and 52

     

    3.3 Public prosecutors and staff

    55. Number of public prosecutors (if possible on 31 December 2012). If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

      (please give the information in full-time equivalent and for permanent posts actually filled, for all types of courts – ordinary and specialised jurisdictions)

 

Total

Males

Females

 

Total number of prosecutors (1 + 2 + 3)

      / NA

      / NA

      / NA

NAP

1. Number of prosecutors at first instance level

      / NA

      / NA

      / NA

NAP

2. Number of prosecutors at second instance (court of appeal) level

      / NA

      / NA

      / NA

NAP

3. Number of prosecutors at supreme court level

      / NA

      / NA

      / NA

NAP

      Please provide any useful comment for interpreting the data above :

    56. Number of heads of prosecution offices. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

 

Total

Males

Females

 

Total number of heads of prosecution offices (1 + 2 + 3)

      / NA

      / NA

      / NA

NAP

1. Number of heads of prosecution offices at first instance level

      / NA

      / NA

      / NA

NAP

2. Number of heads of prosecution offices at second instance (court of appeal) level

      / NA

      / NA

      / NA

NAP

3. Number of heads of prosecution offices at supreme court level

      / NA

      / NA

      / NA

NAP

      Please provide any useful comment for interpreting the data above :

    57. Do other persons have similar duties to public prosecutors?

    Yes Number (full-time equivalent) / ☐NA

    ☐ No

    58. If yes, please specify their title and function:

    59. If yes, is their number included in the number of public prosecutors that you have indicated under question 55?

    Yes

    ☐ No

    59.1 Do all prosecution offices have specially trained prosecutors in

    domestic violence and sexual violence etc.?

    Yes

    ☐ No

    60. Number of staff (non-public prosecutors) attached to the public prosecution service (if possible on 31 December 2012) (without the number of non-judge staff, see question 52) (in full-time equivalent and for permanent posts actually filled).

    NA ☐ among which women

    ***

    C.2 You can indicate below:

        - any useful comments for interpreting the data mentioned in this chapter

        - the characteristics of your judicial system and the main reforms that have been implemented over the last two years

    Please indicate the sources for answering questions 55, 56 and 60

     

    3.4 Management of the court budget

    61. Who is entrusted with responsibilities related to the budget within the court?

 

Preparation of the budget

Arbitration and allocation

Day to day management of the budget

Evaluation and control of the use of the budget

Management Board 

Court President  

Court administrative director 

Head of the court clerk office

Other

    If “other”, please specify:

    3.5 Use of Technologies in courts

    62. For direct assistance to the judge/court clerk, what are the computer facilities used within the courts?

     

    100% of courts

    ≥ 50% of courts

    ≤ 50% of courts

    ≤ 10 % of courts

    0 % of courts

    Word processing

    Electronic data-base of case-law

    Electronic files

    E-mail

    Internet connection

    63. For administration and management, what are the computer facilities used within the courts?

     

    100% of courts

    ≥ 50% of courts

    <50% of courts

    ≤ 10 % of courts

    0 % of courts

    Case registration system

    Court management information system

    Financial information system

    Videoconferencing

    64. For the electronic communication and exchange of information between the courts and their environment, what are the computer facilities used by the courts?

     

    100% of courts

    ≥ 50% of courts

    <50% of courts

    ≤ 10 % of courts

    0 % of courts

    Electronic web forms

    Website

    Follow-up of cases online

    Electronic registers

    Electronic processing of small claims

    Electronic processing of undisputed debt recovery

    Electronic submission of claims

    Videoconferencing

    Other electronic communication facilities

      If there are “other electronic communication facilities”, please specify:

    65. The use of videoconferencing in the courts (details on question 63):

      65.1 In criminal cases, do courts or prosecution offices use videoconferencing for hearings in the presence of defendants, witnesses or victims? ☐ Yes ☐ No

      65.2 If yes, can such court hearing be held in the police station and/or in the prison? ☐ Yes ☐ No

      65.3 Is there any specific legislation on the conditions for using videoconferencing in the courts / prosecution offices, especially in order to protect the rights of the defence? ☐ Yes ☐ No

      65.4 Is videoconferencing used in other than criminal cases? ☐ Yes ☐ No

      Please give any clarification on the legal framework and the development of videoconferencing in your country

    ***

    C.3 You can indicate below:

        - any useful comments for interpreting the data mentioned in this chapter

        - the characteristics of your judicial system and the main reforms that have been implemented over the last two years

    3.6 Performance and evaluation

    66. Is there a centralised institution that is responsible for collecting statistical data regarding the functioning of the courts and judiciary?

    ☐ Yes

    ☐ No

      If yes, please indicate the name and the address of this institution:

    66.1 Does this institution publish statistics on the functioning of each court on the internet:

    ☐ Yes

    ☐ No, only in an intranet website

    ☐ No

    67. Are individual courts required to prepare an annual activity report (that includes, for example, data on the number of cases processed or pending cases, the number of judges and administrative staff, targets and assessment of the activity)?

    ☐ Yes

    ☐ No, only in an intranet website

    ☐ No

    68. Do you have, within the courts, a regular monitoring system of court activities concerning:

      The monitoring system aims to assess the day-to-day activity of the courts (namely, what the courts produce) thanks in particular to data collections and statistical analysis (see also questions 80 and 81).

      Number of incoming cases?

      Number of decisions delivered?

      Number of postponed cases?

      Length of proceedings (timeframes)?

      Other?

    If “other”, please specify:

    69. Do you have a system to evaluate regularly the activity (in terms of performance and output) of each court?

      The evaluation system refers to the performance of the court systems with prospective concerns, using indicators and targets. The evaluation may be of more qualitative nature (see questions 69-77). It does not refer to the evaluation of the overall (good) functioning of the court (see question 82).

    ☐ Yes. If yes, what is the frequency?

    ☐ No

    Please specify:

    70. Concerning court activities, have you defined performance and quality indicators (if no, please skip to question 72)

    ☐ Yes

    ☐ No

    71. Please select the 4 main performance and quality indicators that have been defined:

      incoming cases

    length of proceedings (timeframes)

    closed cases

    pending cases and backlogs

    productivity of judges and court staff

    percentage of cases that are processed by a single sitting judge

    enforcement of penal decisions

    satisfaction of court staff

    satisfaction of users (regarding the services delivered by the courts)

    judicial quality and organisational quality of the courts

    costs of the judicial procedures

    other:

      If “other”, please specify:

    72. Are there quantitative performance targets (for instance a number of cases to be addressed in a month) defined for each judge?

    ☐ Yes

    ☐ No

    73. Who is responsible for setting the targets for each judge? (modified question)

      Executive power (for example the Ministry of Justice)

      Legislative power

      High Judicial Council)

      President of the court

      Other

    If “other”, please specify:

    74. Are there performance targets defined at the level of the court (if no please skip to question 77)?

    ☐ Yes

    ☐ No

    75. Who is responsible for setting the targets for the courts? (modified question)

      Executive power (for example the Ministry of Justice)

      Legislative power

      Judicial power (for example High Judicial Council, Higher Court)

      President of the court

      Other

    If “other”, please specify:

    76. Please specify the main targets applied to the courts:

    77. Who is responsible for evaluating the performance of the courts (see questions 69 to 76)? (multiple options possible)

      High Council of judiciary

      Ministry of Justice

      Inspection authority

      Supreme Court

      External audit body

      Other

      If “other”, please specify:

    78. Are quality standards determined for the whole judicial system (are there quality systems for the judiciary and/or judicial quality policies)?

    ☐ Yes

    ☐ No

      If yes, please specify:

    79. Do you have specialised court staff that is entrusted with these quality standards?

    ☐ Yes

    ☐ No

    80. Do you monitor backlogs and cases that are not processed within a reasonable timeframe for:

      civil law cases? YesNo

      criminal law cases YesNo

      administrative law cases?YesNo

    81. Do you monitor waiting time during court procedures?

    ☐ Yes

    ☐ No

      If yes, please specify:

    82. Is there a system to evaluate the overall (smooth) functioning of courts on the basis of an evaluation plan (plan of visits) agreed beforehand?

      This question does not concern the specific evaluation of performance indicators.

    ☐ Yes

    ☐ No

      Please specify the frequency of the evaluation:

    83. Is there a system for monitoring and evaluating the performance of the public prosecution service?

    ☐ Yes

    ☐ No

      If yes, please give further details:

     

    ***

    C.4 You can indicate below:

      § any useful comments for interpreting the data mentioned in this chapter

      § the characteristics of your court monitoring and evaluation systems

4. Fair trial

    4.1 Principles

    84. Percentage of first instance criminal in absentia judgments (cases in which the suspect is not attending the hearing in person nor represented by a lawyer)?

    / ☐NA / ☐NAP

    85. Is there a procedure to effectively challenge a judge if a party considers that the judge is not impartial?

    ☐ Yes Number of successful challenges (in a year): / ☐NA

    ☐ No

    86. Number of cases regarding Article 6 of the European Convention of Human Rights on duration and non-execution. If data is not available, please indicate NA.

     

    Cases declared inadmissible by the Court

    Friendly settlements

    Judgments establishing a violation

    Judgments establishing a non violation

    Civil proceedings - Article 6§1 (duration)

    / ☐NA

    / ☐NA

    / ☐NA

    / ☐NA

    Civil proceedings - Article 6§1 (non-execution)

    / ☐NA

    / ☐NA

    / ☐NA

    / ☐NA

    Criminal proceedings - Article 6§1 (duration)

    / ☐NA

    / ☐NA

    / ☐NA

    / ☐NA

      Please indicate the sources:

     

    ***

    D.1 You can indicate below any useful comments for interpreting the data mentioned in this chapter

    4.2 Timeframes of proceedings

    4.2.1 General information

    87. Are there specific procedures for urgent matters as regards:

      civil cases? Yes No

      criminal cases? YesNo

      administrative cases?YesNo

      There is no specific procedure

      If yes, please specify:

    88. Are there simplified procedures for:

      civil cases? (small disputes)Yes No

      criminal cases? (small offences)Yes No

      administrative cases? Yes No

      There is no simplified procedure

      If yes, please specify:

    88.1. For these simplified procedures, may judges deliver an oral judgement with a written order and dispense with a full reasoned judgement?

    ☐ Yes

    ☐ No

    89. Do courts and lawyers have the possibility to conclude agreements on arrangements 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:

    4.2.2 Case flow management and timeframes of judicial proceedings

    The national correspondents are invited to pay special attention to the quality of the answers to questions 91 to 102 regarding case flow management and timeframes of judicial proceedings. The CEPEJ agreed that the subsequent data would be processed and published only if answers from a significant number of member states – taking into account the data presented in the previous report – are given, enabling a useful comparison between the systems.

    90. First instance courts: number of other than criminal and criminal law cases

      Number of other than criminal law cases. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP. (modified question)

 

Pending cases on 1 Jan.‘12

Incoming cases

Resolved cases

Pending cases on 31 Dec.‘12

Total of other than criminal law cases (1+2+3+4+5+6+7)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

1. Civil (and commercial) litigious cases (if feasible without administrative law cases, see category 6)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

2. General vivil (and commercial) non-litigious cases, e.g. uncontested payment orders, request for a change of name, etc. (if feasible without administrative law cases; without enforcement cases, registration cases and other cases, see categories 3-7)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

3. Non litigious enforcement cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

4. Non litigious land registry cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

5. Non litigious business registry cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

6. Administrative law cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

7. Other cases (e.g. insolvency registry cases)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

    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 separate administrative law procedures or are able to distinguish in another way between administrative law cases and civil law cases.

    Note 2: please check if the figures submitted are (horizontally and vertically) consistent. Horizontal consistent data means that: "(pending cases on 1 January 2012 + incoming cases) – resolved cases" should give the correct number of pending cases on 31 December 2012. Vertical consistency of data means that the sum of the individual case categories 1 to 7 should reflect the total number of other than criminal law cases.

    92. If courts deal with “civil (and commercial) non-litigious cases”, please indicate the case categories included:

    93. If “other cases”, please indicate the case categories included:

    94. Number of criminal law cases. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

 

Pending cases on 1 Jan.‘12

Incoming cases

Resolved cases

Pending cases on 31 Dec.‘12

Total of criminal cases (8+9)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

8. Severe criminal cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

9. Misdemeanour and / or minor criminal cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

      Note: please check if the figures submitted are (horizontally and vertically) consistent. Horizontal consistent data means that: "(pending cases on 1 January 2012 + incoming cases) – resolved cases" should give the correct number of pending cases on 31 December 2012. Vertical consistency of data means that the sum of the categories 8 and 9 for criminal cases should reflect the total number of criminal cases.

    95. To differentiate between misdemeanour / minor offenses and serious offenses and ensure the consistency of the responses between different systems, the CEPEJ invites to classify as misdemeanour / minor all offenses for which it is not possible to pronounce a sentence of privation of liberty. Conversely, should be classified as severe offenses all offenses punishable by a deprivation of liberty (arrest and detention, imprisonment). If you cannot make such a distinction, please indicate the categories of cases reported in the category "serious offenses" and cases reported in the category "minor offenses":

    96. Comments on questions 90 to 95 (specific situation in your country e.g. NA-answers and the calculation of the total number of other than criminal law cases, differences in horizontal consistency etc.)

    97. Second instance courts: total number of cases

    Number of “other than criminal law” cases.

      If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

 

Pending cases on 1 Jan.‘12

Incoming cases

Resolved cases

Pending cases on 31 Dec.‘12

Total of other than criminal law cases (1+2+3+4+5+6+7)

☐NA / ☐NAP

☐NA ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

1. Civil (and commercial) litigious cases (if feasible without administrative law cases, see category 6)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

2. General civil (and commercial) non-litigious cases, e.g. uncontested payment orders, request for a change of name, etc. (if feasible without administrative law cases; without enforcement cases, registration cases and other cases, see categories 3-7)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

3. Non litigious enforcement cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

4. Non litigious land registry cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

5. Non litigious business registry cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

6. Administrative law cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

7. Other cases (e.g. insolvency registry cases)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

    98. Number of criminal law cases. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

 

Pending cases on 1 Jan.‘12

Incoming cases

Resolved cases

Pending cases on 31 Dec.‘12

Total of criminal cases (8+9)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

8. Severe criminal cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

9. Misdemeanour and / or minor criminal cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

    Comments:

    99. Highest instance courts: total number of cases

      Number of “other than criminal law” cases:

      If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

 

Pending cases on 1 Jan.‘12

Incoming cases

Resolved cases

Pending cases on 31 Dec.‘12

Total of other than criminal law cases (1+2+3+4+5+6+7)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

1. Civil (and commercial) litigious cases (if feasible without administrative law cases, see category 6)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

2. General civil (and commercial) non-litigious cases, e.g. uncontested payment orders, request for a change of name, etc. (if feasible without administrative law cases; without enforcement cases, registration cases and other cases, see categories 3-7)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

3. Non litigious enforcement cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

4. Non litigious land registry cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

5. Non litigious business registry cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

6. Administrative law cases (litigious and non-litigious)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

7. Other cases (e.g. insolvency registry cases)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

    99.1 At the level of the Higher court, is there a procedure of manifest inadmissibility?

      ☐ Yes. If yes, please indicate the number of cases closed by this procedure?

    ☐ No

    100. Number of criminal law cases. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

 

Pending cases on 1 Jan.‘12

Incoming cases

Resolved cases

Pending cases on 31 Dec.‘12

Total of criminal cases (8+9)

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

8. Severe criminal cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

9. Misdemeanour and / or minor criminal cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

    Comments:

    101. Number of litigious divorce cases, employment dismissal cases, insolvency, robbery cases and intentional homicide cases received and processed by first instance courts:

     

    Pending cases on 1 Jan.‘12

    Incoming cases

    Resolved cases

    Pending cases on 31 Dec‘12

    Litigious divorce cases

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    Employment dismissal cases

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    Insolvency

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    Robbery cases

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    Intentional homicide

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    102. Average length of proceedings, in days (from the date the application for judicial review is lodged). If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

    The average length of proceedings has to be calculated from the date the application for judicial review is lodged to the date the judgment is made, without taking into account the enforcement procedure.

 

% of decisions subject to appeal

% of pending cases for more than 3 years

Average length in 1st instance (in days)

Average length in 2nd instance (in days)

Average length in 3rd instance (in days)

Average total length of the total procedure (in days)

Litigious divorce cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

Employment dismissal cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

Insolvency

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

Robbery cases

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

Intentional homicide

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

☐NA / ☐NAP

    103. Where appropriate, please inform about the specific procedure as regards divorce cases (litigious and non-litigious):

    104. How is the length of proceedings calculated for the five case categories? Please give a description of the calculation method.

    105. Role and powers of the public prosecutor in the criminal procedure (multiple options possible):

      to conduct or supervise police investigation

      to conduct investigations

      when necessary, to request 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 the enforcement procedure

      to discontinue a case without needing a decision by a judge (ensure consistency with question 36!)

      to end the case by imposing or negotiating a penalty or measure without requiring a judicial decision

      other significant powers

    If “other significant powers”, please specify:

    106. Does the public prosecutor also have a role in civil and/or administrative cases?

    ☐ Yes

    ☐ No

    If yes, please specify:

    106.1 Does the public prosecutor also have a role in insolvency cases?

    ☐ Yes

    ☐ No

    If yes, please specify:

    107. Case proceedings managed by the public prosecutor

      Total number of 1st instance criminal cases

      If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

     

    Received by the public prosecutor

    Cases discontinued by the public prosecutor (see 108 below)

    Cases concluded by a penalty or a measure imposed or negotiated by the public prosecutor

    Cases charged by the public prosecutor before the courts

    Total number of 1st instance criminal cases

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    ☐NA / ☐NAP

    107.1 Among cases charged by the public prosecutor before the courts, how many were brought to court under a guilty plea procedure or similar ?

      If possible, please distinguish the number of guily plea procedure:

    - Before the court case:

    - During the court case:

    108. Total cases which were discontinued by the public prosecutor

    Total cases which were discontinued by the public prosecutor (1+2+3)

    ☐NA / ☐NAP

    1. Discontinued by the public prosecutor because the offender could not be identified

    ☐NA / ☐NAP

    2. Discontinued by the public prosecutor due to the lack of an established offence or a specific legal situation

    ☐NA / ☐NAP

    3. Discontinued by the public prosecutor for reasons of opportunity

    ☐NA / ☐NAP

    109. Do the figures include traffic offence cases?

    ☐ Yes

    ☐ No

    ***

    D.2 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 questions 91, 94, 97, 98, 99, 100, 101, 102, 107 and 108.

     

5. Career of judges and public prosecutors

    5.1 Recruitment and promotion

    110. How are judges recruited?

      mainly through a competitive exam (for instance, following a university degree in law)

      mainly through a recruitment procedure for legal professionals with long-time working experience in the legal field (for example lawyers)

      a combination of both (competitive exam and working experience)

      other

      If “other”, please specify:

    110.1 Are there specific provisions for facilitating gender equality within the framework of the procedure for recruiting judges?

    ☐ Yes

    ☐ No

      If “yes”, please specify:

    111. Authority(ies) in charge

      Are judges initially/at the beginning of their career recruited and nominated by: (ex. 102.1)

      This question strictly concerns the authority entrusted with the decision to recruit (not the authority formally responsible for the nomination if different from the former).

      an authority made up of judges only?

      an authority made up of non-judges only?

      an authority made up of judges and non-judges?

      Please indicate the name of the authority(ies) involved in the whole procedure of recruitment and nomination of judges. If there are several authorities, please describe their respective roles:

    112. Is the same authority competent for the promotion of judges?

    ☐ Yes

    ☐ No

      If no, which authority is competent for the promotion of judges?

    112.1 Are there specific provisions for facilitating gender equality within the framework of the procedure for promoting judges?

    ☐ Yes

    ☐ No

      If “yes”, please specify:

    113. Which procedures and criteria are used for promoting judges? Please specify

     

    114. Is there a system of qualitative individual assessment of the judges’ activity?

    ☐ Yes. If yes, please indicate the frequency

    ☐ No

    115. Is the status of prosecution services:

      ☐ independent?

      ☐ under the authority of the Minister of justice ?

    ☐ other

    Please specify:

    116. How are public prosecutors recruited?

      mainly through a competitive exam (for instance, following a university degree in law)

      mainly through a recruitment procedure for legal professionals with long-time working experience in the legal field (for example lawyers)

      a combination of both (competitive exam and working experience)

      other

      If “other”, please specify:

    117. Authority(ies) in charge

      Are public prosecutors initially/at the beginning of their career recruited by:

      This question concerns the authority entrusted with the responsibility to recruit only (not the authority formally responsible for the nomination if different from the former).

      an authority composed of public prosecutors only?

      an authority composed of non-public prosecutors only?

      an authority composed of public prosecutors and non-public prosecutors?

      Please indicate the name of the authority(ies) involved in the whole procedure of recruitment and nomination of public prosecutors. If there are several authorities, please describe their respective roles:

    117.1 Are there specific provisions for facilitating gender equality within the framework of the procedure for recruiting prosecutors?

    ☐ Yes

    ☐ No

      If “yes”, please specify:

    118. Is the same authority formally responsible for the promotion of public prosecutors?

    ☐ Yes

    ☐ No

    If no, please specify which authority is competent for promoting public prosecutors:

     

    119. Which procedures and criteria are used for promoting public prosecutors? Please specify:

     

    119.1 Are there specific provisions for facilitating gender equality within the framework of the procedure for promoting prosecutors?

    ☐ Yes

    ☐ No

      If “yes”, please specify:

    120. Is there a system of qualitative individual assessment of the public prosecutors’ activity?

    ☐ Yes

    ☐ No

    121. Are judges appointed to office for an undetermined period (i.e. "for life" = until the official age of retirement)?

    ☐ Yes. If yes, please indicate the compulsory retirement age

    ☐ No

      If yes, are there exceptions (e.g. dismissal as a disciplinary sanction)? Please specify:

     

    121.1 Can a judge be transferred to another court without his consent:

      For disciplinary reasons

      For organisational reasons

      For other reasons. Please specify modalities and safeguards

    122. Is there a probation period for judges (e.g. before being appointed "for life")? If yes, how long is this period? If the situation is not applicable in your country, please indicate NAP.

    ☐ Yes Duration of the probation period (in years):

    ☐ No

      ☐ NAP

    123. Are public prosecutors appointed to office for an undetermined period (i.e. "for life" = until the official age of retirement)?

    ☐ Yes. If yes, please indicate the compulsory retirement age

    ☐ No

      If yes, are there exceptions (e.g. dismissal as a disciplinary sanction)? Please specify:

     

    124. Is there a probation period for public prosecutors? If yes, how long is this period?

    ☐ Yes Duration of the probation period (in years):

    ☐ No

    125. If the mandate for judges is not for an undetermined period (see question 121), what is the length of the mandate (in years)? Is it renewable?

      ☐ NA

      ☐ NAP

      For judges :

      length of the mandate (in years): Renewable? ☐ Yes ☐ No

    126. If the mandate for public prosecutors is not for an undetermined period (see question 123), what is the length of the mandate (in years)? Is it renewable?

      ☐ NA

      ☐ NAP

      For public prosecutors :

      length of the mandate (in years): Renewable? ☐ Yes ☐ No

    ***

    E.1 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 public prosecutors and the main reforms that have been implemented over the last two years

    5.2 Training

    127. Training of judges:

     

    Compulsory

    Optional

    No training offered

    Initial training (e.g. attend a judicial school, traineeship in the court)

    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 courts

    128. Frequency of the in-service training of judges :

     

    Annual/Regular (e.g. every 3 months)

    Occasional (e.g. at times)

    No training proposed

    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 courts

    129. Training of public prosecutors:

     

    Compulsory

    Optional

    No training proposed

    Initial training

    General in-service training

    In-service training for specialised functions (e.g. public prosecutor specialised on organised crime)

    In-service training for management functions of the court (e.g. Head of prosecution office, manager)

    In-service training for the use of computer facilities in office

    130. Frequency of the in-service training of public prosecutors:

     

    Annual/Regular (e.g. every 3 months)

    Occasional (e.g. at times)

    No training proposed

    General in-service training

    In-service training for specialised functions (e.g. public prosecutor specialised on organised crime)

    In-service training for management functions of the court (e.g. Head of prosecution office, manager)

    In-service training for the use of computer facilities in office

    131. Do you have public training institutions for judges and / or prosecutors? If yes, what is the budget of such institution(s)?

 

Initial training only

Continuous training only

Initial and continuous training

2012 budget of the institution, in €

One institution for judges

☐NA / ☐NAP

One institution for prosecutors

☐NA / ☐NAP

One single institution for both judges and prosecutors

☐NA / ☐NAP

      If your judicial training institutions do not correspond to these criteria, please specify it:

    131.1 If there is no initial training for judges and/or prosecutors in such institutions, please indicate briefly how these judges and/or prosecutors are recruited and trained ?

    ***

    E.2 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 public prosecutors and the main reforms that have been implemented over the last two years

    5.3 Practice of the profession

    132. Salaries of judges and public prosecutors:

 

Gross annual salary, in €, on 31 December 2012

Net annual salary, in €, on 31 December 2012

First instance professional judge at the beginning of his/her career

Judge of the Supreme Court or the Highest Appellate Court (please indicate the average salary of a judge at this level, and not the salary of the Court President)

Public prosecutor at the beginning of his/her career

Public prosecutor of the Supreme Court or the Highest Appellate Instance (please indicate the average salary of a public prosecutor at this level, and not the salary of the Public prosecutor General)

    Comments and sources:

    133. Do judges and public prosecutors have additional benefits?

     

    Judges

    Public prosecutors

    Reduced taxation

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Special pension

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Housing

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Other financial benefit

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    134. If “other financial benefit”, please specify:

    135. Can judges combine their work with any of the following other functions?

     

    With remuneration

    Without remuneration

    Teaching

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Research and publication

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Arbitrator

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Consultant

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Cultural function

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Political function

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Other function

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    136. If rules exist in your country (e.g. authorisation needed to perform these activities), please specify. If “other function”, please specify.

    137. Can public prosecutors combine their work with any of the following other functions?

     

    With remuneration

    Without remuneration

    Teaching

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Research and publication

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Arbitrator

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Consultant

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Cultural function

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Political function

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    Other

    function

    ☐ Yes ☐ No

    ☐ Yes ☐ No

    138. Please specify existing rules (e.g. authorisation to perform the whole or a part of these activities). If “other function”, please specify:

    139. Productivity bonuses: do judges receive bonuses based on the fulfilment of quantitative objectives in relation to the delivery of judgments (e.g. number of judgments delivered over a given period of time)?

    ☐ Yes

    ☐ No

    If yes, please specify the conditions and possibly the amounts:

    ***

    5.4 Disciplinary procedures

    140. Who has been authorised to initiate disciplinary proceedings against judges (multiple options possible)?

      Citizens

      Relevant Court or hierarchical superior

      High Court / Supreme Court

      ☐ High Judicial Council

      ☐ Disciplinary court or body

      ☐ Ombudsman

      ☐ Parliament

      ☐ Executive power

      ☐ Other

      ☐ This is not possible

    If "executive power" and/or "other", please specify:

    141. Who has been authorised to initiate disciplinary proceedings against public prosecutors: (multiple options possible):

      Citizens

      Head of the organisational unit or hierarchical superior public prosecutor

      Prosecutor General /State public prosecutor

      ☐ Public prosecutorial Council (and Judicial Council)

      ☐ Disciplinary court or body

      ☐ Ombudsman

      ☐ Professional body

      ☐ Executive power

      Other?

      ☐ This is not possible

    If "executive power" and/or "other", please specify:

    142. Which authority has disciplinary power on judges? (multiple options possible)

      Court

      ☐ Higher Court / Supreme Court

      ☐ Judicial Council

      ☐ Disciplinary court or body

      ☐ Ombudsman

      ☐ Parliament

      ☐ Executive power

      ☐ Other?

    If "executive power" and/or "other", please specify:

    143. Which authority has the disciplinary power on public prosecutors? (multiple options possible):

      ☐ Supreme Court

      ☐ Head of the organisational unit or hierarchical superior public prosecutor

      Prosecutor General /State public prosecutor

      ☐ Public prosecutorial Council (and Judicial Council)

      ☐ Disciplinary court or body

      ☐ Ombudsman

      ☐ Professional body

      ☐ Executive power

      ☐ Other?

    If "executive power" and/or "other", please specify:

    144. Number of disciplinary proceedings initiated against judges and public prosecutors. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

    If disciplinary proceedings are undertaken because of several mistakes, please count the proceedings only once and for the main mistake.

     

    Judges

    Public prosecutors

    Total number (1+2+3+4)

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    1. Breach of professional ethics

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    2. Professional inadequacy

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    3. Criminal offence

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    4. Other

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    If “other”, please specify:

    145. Number of sanctions pronounced in 2012 against judges and public prosecutors. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP.

     

    Judges

    Public prosecutors

    Total number (total 1 to 9)

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    1. Reprimand

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    2. Suspension

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    3. Withdrawal from cases

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    4. Fine

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    5. Temporary reduction of salary

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    6. Position downgrade

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    7. Transfer to another geographical (court) location

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    8. Dismissal

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

    9. Other

    / ☐NA / ☐NAP

    / ☐NA / ☐NAP

      If “other”, please specify. If a significant difference between the number of disciplinary proceedings and the number of sanctions exists, please indicate the reasons.

    ***

    E.3 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 public prosecutors and the main reforms that have been implemented over the last two years

      Please indicate the sources for answering questions 144 and 145

     

6. Lawyers

    6.1 Status of the profession and training

    146. Total number of lawyers practising in your country:

    / ☐NA / ☐NAP

    147. Does this figure include “legal advisors” who cannot represent their clients in court (for example, some solicitors or in-house counsellors)?

    ☐ Yes

    ☐ No

    148. Number of legal advisors who cannot represent their clients in court:

    / ☐NA ☐NAP

    149. Do lawyers have a monopoly on legal representation in (multiple options are possible):

    ☐ Civil cases? ☐ Yes ☐ No

    ☐ Criminal cases - Defendant? ☐ Yes ☐ No

    ☐ Criminal cases - Victim? ☐ Yes ☐ No

    ☐ Administrative cases? ☐ Yes ☐ No

      ☐ There is no monopoly

      If there is no monopoly, please specify the organisations or persons that may represent a client before a court (for example a NGO, a family member, a trade union, etc) and for which types of cases:

     

    150. Is the lawyer profession organised through? (multiple options possible)

      a national bar?

      a regional bar?

      a local bar?

    151. Is there a specific initial training and/or examination to enter the profession of lawyer?

    ☐ Yes

    ☐ No

      If not, please indicate if there are other specific requirements as regards diplomas or university degrees :

     

    152. Is there a mandatory general system for lawyers requiring in-service professional training?

    ☐ Yes

    ☐ No

    153. Is the specialisation in some legal fields tied with specific training, levels of qualification, specific diploma or specific authorisations?

    ☐ Yes

    ☐ No

      If yes, please specify:

     

    ***

    F.1 Please indicate the sources for answering questions 146 and 148:

     

    Comments for interpreting the data mentioned in this chapter:

     

    6.2 Practising the profession

    154. Can court users establish easily what the lawyers’ fees will be (i.e. do users have easy access to prior information on the foreseeable amount of fees, is the information transparent and accountable)?

    ☐ Yes

    ☐ No

    155. Are lawyers' fees freely negotiated?

      ☐ Yes

      ☐ No

    156. Do laws or bar association standards provide any rules on lawyers’ fees (including those freely negotiated)?

      Yes laws provide rules

      Yes standards of the bar association provide rules

      No, neither laws nor bar association standards provide rules

    ***

    F.2 Useful comments for interpreting the data mentioned in this chapter:

     

    6.3 Quality standards and disciplinary proceedings

    157. Have quality standards been determined for lawyers?

    ☐ Yes

    ☐ No

      If yes, what are the quality criteria used?

     

    158. If yes, who is responsible for formulating these quality standards:

      the bar association?

      the Parliament?

      other?

      If “other”, please specify:

     

    159. Is it possible to file a complaint about :

      the performance of lawyers?

      the amount of fees?

      Please specify:

     

    160. Which authority is responsible for disciplinary procedures?

      The judge

      Ministry of Justice

      a professional authority

      Other

      If other, please specify:

     

    161. Disciplinary proceedings initiated against lawyers. If data is not available, please indicate NA. If the situation is not applicable in your country, please indicate NAP. If "other", please specify it in the "comment" box below.

    If disciplinary proceedings are undertaken because of several mistakes, please count the proceedings only once and for the main mistake.

    Total number of disciplinary proceedings initiated (1 + 2 + 3 + 4)

    / ☐NA / ☐NAP

    1. Breach of professional ethics

    / ☐NA / ☐NAP

    2. Professional inadequacy

    / ☐NA / ☐NAP

    3. Criminal offence

    / ☐NA / ☐NAP

    4. Other

    / ☐NA / ☐NAP

    If "other", please specify:

    162. Sanctions pronounced against lawyers:.

    Total number of sanctions (1 + 2 + 3 + 4 + 5)

    / ☐NA / ☐NAP

    1. Reprimand

    / ☐NA / ☐NAP

    2. Suspension

    / ☐NA / ☐NAP

    3. Removal

    / ☐NA / ☐NAP

    4. Fine

    / ☐NA / ☐NAP

    5. Other (e.g. disbarment)

    / ☐NA / ☐NAP

      If "other", please specify. If a significant difference between the number of disciplinary proceedings and the number of sanctions exists, please indicate the reasons.

    ***

    F.3 You can indicate below any useful comments for interpreting the data mentioned in this chapter

     

7. Alternative Dispute Resolution

    163. Does the judicial system provide for judicial mediation procedures? If no please skip to question 168.

      Judicial mediation: in this type of mediation, there is always the intervention of a judge or a public prosecutor who facilitates, advises on, decides on or/and approves the procedure. For example, in civil disputes or divorce cases, judges may refer parties to a mediator if they believe that more satisfactory results can be achieved for both parties. In criminal law cases, a public prosecutor can propose that he/she mediates a case between an offender and a victim (for example to establish a compensation agreement).

    ☐ Yes

    ☐ No

    163.1 In some fields, does the judicial system provide for mandatory mediation procedures?

    ☐ before going to court ☐ Yes ☐ No

    ☐ ordered by a judge in the course of a judicial proceeding ☐ Yes ☐ No

      If there are mandatory mediation procedures, please specify which fields are concerned:

     

    164. Please specify, by type of cases, the organisation of judicial mediation:

     

    Court annexed mediation

    Private mediator

    Public authority (other than the court)

    Judge

    Public prosecutor

    Civil and commercial cases

    Family law cases (ex. divorce)

    Administrative cases

    Employment dismissals

    Criminal cases

    165. Is there a possibility to receive legal aid for judicial mediation procedures?

    ☐ Yes

    ☐ No

    If yes, please specify:

    166. Number of accredited or registered mediators who practice judicial mediation:

    / ☐NA / ☐NAP

    167. Number of judicial mediation procedures.

      Total number of cases (total 1 + 2 + 3 + 4 + 5) / ☐NA / ☐NAP

      1. civil cases / ☐NA / ☐NAP

      2. family cases / ☐NA / ☐NAP

      3. administrative cases / ☐NA / ☐NAP

      4. employment dismissal cases / ☐NA / ☐NAP

      5. criminal cases / ☐NA / ☐NAP

      Please indicate the source

    168. Does the legal system provide for the following ADR:

      Mediation other than judicial mediation? ☐ Yes ☐ No

      Arbitration? ☐ Yes ☐ No

      Conciliation? ☐ Yes ☐ No

      Other alternative dispute resolution? ☐ Yes ☐ No

      If “other”, please specify:

    ***

    G.1 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

    Please indicate the source for answering question 166:

8. Enforcement of court decisions

    8.1 Execution of decisions in civil matters

    8.1.1 Functioning

    169. Do you have enforcement agents in your judicial system?

    ☐ Yes ☐ No

    170. Number of enforcement agents

    / ☐NA / ☐NAP

    171. Are enforcement agents (multiple options are possible):

      judges?

      bailiffs practising as private professionals under the authority (control) of public authorities?

      bailiffs working in a public institution?

      other enforcement agents?

    Please specify their status and powers:

     

    172. Is there a specific initial training or examination to become an enforcement agent?

    ☐ Yes ☐ No

    173. Is the profession of enforcement agents organised by:

      a national body?

      a regional body?

      a local body?

    ☐ NAP (the profession is not organised)

    174. Are enforcement fees easily established and transparent for the court users?

    ☐ Yes ☐ No

    175. Are enforcement fees freely negotiated?

    ☐ Yes ☐ No

    176. Do laws provide any rules on enforcement fees (including those freely negotiated)?

    ☐ Yes ☐ No

    ***

    Please indicate the source for answering question 170:

    8.1.2 Efficiency of enforcement services

    177. Is there a body entrusted with supervising and monitoring the enforcement agents’ activity?

    ☐ Yes ☐ No

    178. Which authority is responsible for supervising and monitoring enforcement agents?

      a professional body

      the judge

      the Ministry of Justice

      the public prosecutor

      other

    If “other”, please specify:

     

    179. Have quality standards been determined for enforcement agents?

    ☐ Yes ☐ No

      If yes, what are the quality criteria used?

     

    180. If yes, who is responsible for establishing these quality standards?

      a professional body

      the judge

      the Ministry of Justice

      other

      If “other”, please specify:

     

    181. Is there a specific mechanism for executing court decisions rendered against public authorities, including for supervising such execution?

    ☐ Yes ☐ No

    If yes, please specify:

    182. Is there a system for monitoring how the enforcement procedure is conducted by the enforcement agent?

    ☐ Yes ☐ No

    If yes, please specify:

    183. What are the main complaints made by 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

      If “other”, please specify:

     

    184. Has your country prepared or established concrete measures to change the situation concerning the enforcement of court decisions – in particular as regards decisions against public authorities?

    ☐ Yes ☐ No

    If yes, please specify:

     

    185. Is there a system measuring the length of enforcement procedures:

    for civil cases? ☐ Yes ☐ No

      for administrative cases? ☐ Yes ☐ No

    186. As regards a decision on debts collection, please estimate the average timeframe to notify the decision to the parties who 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:

    187. Number of disciplinary proceedings initiated against enforcement agents.

      If disciplinary proceedings are undertaken because of several mistakes, please count the proceedings only once and for the main mistake.

    Total number of initiated disciplinary proceedings (1+2+3+4) / ☐NA

    1. For breach of professional ethics / ☐NA / ☐NAP

    2. For professional inadequacy / ☐NA / ☐NAP

    3. For criminal offence / ☐NA / ☐NAP

    4. Other / ☐NA / ☐NAP

    If other, please specify:

     

    188. Number of sanctions pronounced against enforcement agents.

    Total number of sanctions (1+2+3+4+5) / ☐NA

    1. Reprimand / ☐NA / ☐NAP

    2. Suspension / ☐NA / ☐NAP

    3. Dismissal / ☐NA / ☐NAP

    4. Fine / ☐NA / ☐NAP

    5. Other / ☐NA / ☐NAP

      If “other”, please specify. If a significant difference between the number of disciplinary proceedings and the number of sanctions exists, please indicate the reasons:

     

    ***

    H.1 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 have been implemented over the last two years

     

      Please indicate the sources for answering questions 186, 187 and 188:

     

    8.2 Execution of decisions in criminal matters

    189. Which authority is in charge of the enforcement of judgments in criminal matters? (multiple options possible)

    ☐ Judge

      ☐ Public prosecutor

      ☐ Prison and Probation Services

      ☐ Other authority

      Please specify his/her functions and duties (initiative or monitoring functions). If “other authority”, please specify:

     

    190. Are the effective recovery rates of fines decided by a criminal court evaluated by studies?

    ☐ Yes ☐ No

    191. If yes, what is the recovery rate?

    ☐ 80-100% ☐ 50-79% ☐ less than 50% ☐ cannot be estimated

    Please indicate the source for answering this question:

    ***

    H.2 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

     

9. Notaries

    192. Do you have notaries in your country? If no please skip to question 197.

    ☐ Yes ☐ No

    193. Are notaries:

      private professionals (without control from public authorities)?

      ☐ Yes Number / ☐NA / ☐NAP

      private professionals under the authority (control) of public authorities?

      ☐ Yes Number / ☐NA / ☐NAP

      public agents?

      ☐ Yes Number / ☐NA / ☐NAP

      Other?

      ☐ Yes Number / ☐NA / ☐NAP

    If “other”, please specify:

     

    194. Do notaries have duties (multiple options possible):

      within the framework of civil procedure?

      in the field of legal advice?

      to certify the authenticity of legal deeds and certificates?

      other?

    If “other”, please specify:

     

    195. Is there an authority entrusted with supervising and monitoring the the notaries’ activity?

    ☐ Yes ☐ No

    196. Which authority is responsible for supervising and monitoring notaries:

      a professional body?

      the judge?

      the Ministry of Justice?

      the public prosecutor?

      other?

      If “other”, please specify:

     

    ***

    I.1 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

     

      Please indicate the sources for answering question 193:

     

10. Court interpreters

    197. Is the title of court interpreters protected?

    ☐ Yes ☐ No

    198. Is the function of court interpreters regulated by legal norms?

    ☐ Yes ☐ No

    199. Number of accredited or registered court interpreters:

      / ☐NA / ☐NAP

    200. Are there binding provisions regarding the quality of court interpretation within judicial proceedings?

    ☐ Yes ☐ No

      If yes, please specify (e.g. having passed a specific exam):

     

    201. Are the courts responsible for selecting court interpreters?

    ☐ Yes ☐for recruitment and/or appointment for a specific term of office

            ☐for recruitment and/or appointment on an ad hoc basis, according to the specific needs of given proceedings

    ☐ No

      If no, which authority selects court interpreters?

    ***

    J.1 You can indicate below any useful comments for interpreting the data mentioned in this chapter:

     

      Please indicate the sources for answering question 199:

     

11. Judicial experts

    202. In your system, what type of experts can be requested to participate in judicial procedures (multiple choice possible):

      ☐NA / ☐NAP

      ☐ "expert witnesses", who are requested by the parties to bring their expertise to support their argumentation,

      ☐ "technical experts" who put their scientific and technical knowledge on issues of fact at the court's disposal,

      "law experts" who might be consulted by the judge on specific legal issues or requested to support the judge in preparing the judicial work (but do not take part in the decision).

    203. Is the title of judicial experts protected?

    ☐ Yes ☐ No

    204. Is the function of judicial experts regulated by legal norms?

    ☐ Yes ☐ No

    205. Number of accredited or registered judicial experts (technical experts)

      / ☐NA / ☐NAP

    206. Are there binding provisions regarding the exercise of the function of judicial expert within judicial proceedings?

    ☐ Yes ☐ No

      If yes, please specify, in particular the given time to provide a technical report to the judge:

     

    207. Are the courts responsible for selecting judicial experts?

    ☐ Yes ☐ for recruitment and/or appointment for a specific term of office

            ☐ for recruitment and/or appointment on an ad hoc basis, according to the specific needs of given proceedings

    ☐ No

      If no, which authority selects judicial experts?

    ***

    K.1 You can indicate below any useful comments for interpreting the data mentioned in this chapter:

     

      Please indicate the sources for answering question 205:

     

12. Foreseen reforms

    208. Can you provide information on the current debate in your country regarding the functioning of justice? Are there foreseen reforms? Please inform whether these reforms are under preparation or have only been envisaged at this stage. If possible, please observe the following categories: (modified question)

    1. (Comprehensive) reform plans

     

    2. Budget

     

      3. Courts and public prosecution services (e.g. powers and organisation, structural changes - e.g. reduction of the number of courts -, management and working methods, information technologies, backlogs and efficiency, court fees, renovations and construction of new buildings)

     

      3.1. Access to justice and legal aid

     

      4. High Judicial Council

     

      5. Legal professionals (judges, public prosecutors, lawyers, notaries, enforcement agents, etc.): organisation, education, etc.

     

      6. Reforms regarding civil, criminal and administrative laws, international conventions and cooperation activities

     

      6.1. Personal status

     

      7. Enforcement of court decisions

     

      8. Mediation and other ADR

     

      9. Fight against crime

     

      9.1. Prison system

     

      9.2 Child friendly justice

      9.3.Violence against partners

      10. Other

     


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