Strasbourg, 15 May 2011
CEPEJ(2010)11
EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE
(CEPEJ)
SCHEME FOR EVALUATING JUDICIAL SYSTEMS 2010-2012 CYCLE revised at the 16th plenary meeting of the CEPEJ Strasbourg, 8-9 December 2010 |
Contents
1. Demographic and economic data
1.1 Inhabitants and economic information
1.2. Budgetary data concerning judicial system
2. Access to Justice and to all courts
2.2 Users of the courts and victims
3. Organisation of the court system
3.2 Judges and non-judge staff
3.3 Public prosecutors and staff
3.4 Court budget and New Technologies
3.5 Performance and evaluation
5. Career of judges and public prosecutors
5.3 Practice of the profession
6.1 Status of the profession and training
6.3 Quality standards and disciplinary proceedings
7. Alternative Dispute Resolution
8. Enforcement of court decisions
8.1 Execution of decisions in civil matters
8.2 Execution of decisions in criminal matters
COUNTRY: |
National correspondent |
First Name – Name
Position
Organisation
Telephone
1. Number of inhabitants (if possible on 1 January 2011)
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 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 2011
***
A.1 Please indicate the sources for questions 1 to 4 and give comments concerning the interpretation of the figures supplied if appropriate:
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) |
|
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:
forcriminal 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:
9. Annual income of court taxes or fees received by the State (in €)
NA NAP
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
11. Please indicate the budgetary elements that are included in the whole justice system:
Court system Yes No NA NAP
Legal aid Yes No NA NAP
Public prosecution services Yes No NA NAP
Prison system Yes No NA NAP
Probation services Yes No NA NAP
Council of the judiciary 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:
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.
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 in criminal law cases |
/ NA / NAP |
12.2 Annual public budget allocated to legal aid in other than criminal law cases |
/ NA / NAP |
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):
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:
Other than criminal cases |
||
Yes No NA NAP |
Yes No NA NAP |
|
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 and 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 |
/ NA / NAP |
Please specify when appropriate:
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 |
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. Is the decision to grant or refuse legal aid taken by:
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 |
|
***
- 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:
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
If yes, 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 |
|
Yes No |
Yes No |
Yes No |
|
Victims of terrorism |
Yes No |
Yes No |
Yes No |
Children (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) |
Yes No |
Yes No |
Yes No |
If “other vulnerable person” and/or “other special arrangements”, please specify:
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 inform about 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 judicial decision".
Yes
No
NAP (the public prosecutor cannot decide to discontinue a case on his/her own. A judicial decision is needed).
If necessary, please specify:
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 |
|
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 |
No time limits |
|
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:
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.
Total (must be the same as the data given under question 42.2) |
/ NA / NAP |
Commercial courts |
/ NA / NAP |
Labour courts |
/ NA / NAP |
Family courts |
/ NA / NAP |
Rent and tenancies courts |
/ NA / NAP |
Enforcement of criminal sanctions courts |
/ 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 |
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:
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 2010). 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 2010):
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 2010) (e.g. lay judges and “juges consulaires”, but not arbitrators and persons sitting in a jury):
Gross figure |
/ NA / NAP |
50. Does your judicial system include trial by jury with the participation of citizens?
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 2010) (this data should not include the staff working for public prosecutors; see question 60)
(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) |
/ NA / NAP |
1. Rechtspfleger (or similar bodies) with judicial or quasi-judicial tasks having autonomous competence and whose decisions could be subject to appeal |
/ 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 |
/ 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) |
/ NA / NAP |
4. Technical staff |
/ NA / NAP |
5. Other non-judge staff |
/ 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:
***
- 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 2010). 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
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
60. Number of staff (non-public prosecutors) attached to the public prosecution service (if possible on 31 December 2010) (without the number of non-judge staff, see question 52) (in full-time equivalent and for permanent posts actually filled).
NA
***
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
61. Who is entrusted with responsibilities related to the budget within the court?
If “other”, please specify:
62. For direct assistance to the judge/court clerk, what are the computer facilities used within the courts?
- 10 % of courts |
0 % of courts |
||||
Electronic data-base of case-law |
|||||
|
|||||
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 |
|
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 |
|
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 or witnesses? 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
3.5 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:
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
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 decisions delivered?
Length of proceedings (timeframes)?
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
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:
length of proceedings (timeframes)
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
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?
Executive power (for example the Ministry of Justice)
Legislative power
Judicial power (for example a High Judicial Council or a higher 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?
Executive power (for example the Ministry of Justice)
Legislative power
Judicial power (for example High Judicial Council, Higher 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)
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? Yes No
administrative law cases? Yes No
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
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 legal professional)?
/ 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
87. Are there specific procedures for urgent matters as regards:
civil cases? Yes No
criminal cases? Yes No
administrative cases? Yes No
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:
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
90. First instance courts: number of other than criminal and criminal law cases
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.
91. 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.
The total of “other than criminal” cases includes all of the following categories (categories 1 to 7; contrary to the previous questionnaire).
Pending cases on 1 Jan.‘10 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec.‘10 |
|
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. 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. Enforcement cases |
NA / NAP |
NA / NAP |
NA / NAP |
NA / NAP |
4. Land registry cases |
NA / NAP |
NA / NAP |
NA / NAP |
NA / NAP |
5. 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 |
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 2010 + incoming cases) – resolved cases" should give the correct number of pending cases on 31 December 2010. 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.‘10 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec.‘10 |
|
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 2010 + incoming cases) – resolved cases" should give the correct number of pending cases on 31 December 2010. 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. The classification of cases between severe criminal cases and misdemeanour and/or minor criminal cases may be difficult. Some countries might have other ways of addressing misdemeanour offences (for example via administrative law procedures).Please indicate, if feasible, what case categories are included under "severe criminal cases" and the cases included under "misdemeanour and /or minor criminal cases".
96. Comments on questions 91 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.
The total of “other than criminal” cases includes all of the following categories (categories 1 to 7; contrary to the previous questionnaire).
Pending cases on 1 Jan.‘10 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec.‘10 |
|
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. 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. Enforcement cases |
NA / NAP |
NA / NAP |
NA / NAP |
NA / NAP |
4. Land registry cases |
NA / NAP |
NA / NAP |
NA / NAP |
NA / NAP |
5. 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 |
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.‘10 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec.‘10 |
|
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.
The total of “other than criminal law” cases includes all of the following categories (categories 1 to 7; contrary to the previous questionnaire).
Pending cases on 1 Jan.‘10 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec.‘10 |
|
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. 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. Enforcement cases |
NA / NAP |
NA / NAP |
NA / NAP |
NA / NAP |
4. Land registry cases |
NA / NAP |
NA / NAP |
NA / NAP |
NA / NAP |
5. 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 |
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.‘10 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec.‘10 |
|
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, robbery cases and intentional homicide cases received and processed by first instance courts:
Pending cases on 1 Jan.‘10 |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec‘10 |
|
Litigious divorce cases |
NA / NAP |
NA / NAP |
NA / NAP |
NA / NAP |
Employment dismissal cases |
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. New: the question concerns first, second and third instance proceedings.
% 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 |
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 four 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 requiring a judicial decision (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:
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 |
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.
5.1 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:
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?
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
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:
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:
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
No
If yes, are there exceptions (e.g. dismissal as a disciplinary sanction)? Please specify:
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
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
***
§ 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
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 |
2010 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:
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 2010 |
Net annual salary, in €, on 31 December 2010 |
|
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 |
|
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 |
|
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:
***
140. Who has been authorised to initiate disciplinary proceedings against judges (multiple options possible)?
Citizens
Relevant Courtor 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 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
6.1 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:
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 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
163. Does the legal 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
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:
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 the execution?
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:
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
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:
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:
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:
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:
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)
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
7. Enforcement of court decisions
8. Mediation and other ADR
9. Fight against crime and prison system
10. Other