Strasbourg, 28 September 2007
CEPEJ(2007)10
EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE
(CEPEJ)
FOR CONSULTATION ONLY
|
SCHEME FOR EVALUATING JUDICIAL SYSTEMS 2006-2008 CYCLE adopted by the CEPEJ at its 9th Plenary Meeting Strasbourg, 13 – 14 June 2007 approved by the Committee of Ministers on 26 September 2007 (1005th meeting of the Ministers’ Deputies) |
Contents
1. Demographic and economic data
1. 1. 1. Inhabitants and economic information
1. 2. Budgetary data concerning judicial system
1.2.2. Budget (courts, public prosecution, legal aid, fees)
2. Access to Justice and to all courts
2. 2. Users of the courts and victims
2. 2. 1. Rights of the users and victims
2. 2. 2. Confidence of citizens in their justice system
3. Organisation of the court system
3. 1 . 4 Budget and New Technologies
3. 2. Monitoring and evaluation
3. 2. 1. Monitoring and evaluation
4. 2. Timeframes of proceedings
4. 2. 2. Penal, civil and administrative law cases
5. Career of judges and prosecutors
5. 1. Appointment and training
5. 1. 1 Recruitment, nomination and promotion
5. 2. Practice of the profession
5. 2. 2. Disciplinary procedures
6. 1. Statute of the profession
6. 2. 1 Complaints and sanctions
7. Alternative Dispute Resolution
7. 1. Mediation and other forms of ADR
7. 1. 2. Other forms of alternative dispute resolution
8. Enforcement of court decisions
8. 1. Execution of decisions in civil matters
8. 1. 3. Complaints and sanctions
8. 2. Execution of decisions in criminal matters
SCHEME FOR EVALUATING JUDICIAL SYSTEMS
|
COUNTRY: |
|
National correspondent |
First Name – Name
Position
Organisation
Telephone
1. Number of inhabitants
2. Total of annual State public expenditure / where appropriate, public expenditure at regional or federal entity level (in €)
|
Amount |
|
|
State level |
|
|
Regional / entity level |
3. Per capita GDP (in €)
4. Average gross annual salary (in €)
5. Exchange rate from national currency (non-Euro zone) to € on 1 January 2007
Please indicate the sources for questions 1 to 4
6. Total annual approved budget allocated to all courts (in €)
7. Please specify:
8. Does the approved budget of the courts include the following items? Please give for each item (or some of them) a specification of the amount concerned
|
Yes |
Amount (Euro) |
|
|
Annual public budget allocated to (gross) salaries |
||
|
Annual public budget allocated to computerisation (equipment, investments, maintenance) |
||
|
Annual public budget allocated to justice expenses |
||
|
Annual public budget allocated to court buildings (maintenance, operation costs) |
||
|
Annual public budget allocated to investments in new (court) buildings |
||
|
Annual public budget allocated to training and education |
||
|
Other (please specify): |
9. Has the annual public budget of the courts changed (increased or decreased) over the last five years?
Yes
No
If yes, please specify (i.e. provide an indication of the increase or decrease of the budget over the last five years)
10. In general are litigants required to pay a court tax or fee to start a proceeding at a court of general jurisdiction:
for criminal cases?
for other than criminal cases?
If yes, are there exceptions?Please specify:
11. If yes, please specify the annual income of court fees (or taxes) received by the State (in euros)
12. Total annual approved budget allocated to the whole justice system (in €)
13. Total annual approved public budget allocated to legal aid (in €)
14. If possible, please specify:
|
the annual public budget allocated to legal aid in criminal cases |
the annual public budget allocated to legal aid in other court cases |
|
|
Amount |
15. Is the public budget allocated to legal aid included in the court budget ?
Yes
No
16. Total annual approved public budget allocated to the public prosecution system (in €)
17. Is the budget allocated to the public prosecution included in the court budget?
Yes
No
18. Authorities formally responsible for the budget allocated to the courts:
|
Preparation of the total court budget |
Adoption of the total court budget |
Management and allocation of the budget among the individual courts |
Evaluation of the use of the budget at a national level |
|
|
Ministry of Justice |
||||
|
Other ministry |
||||
|
Parliament |
||||
|
Supreme Court |
||||
|
Judicial Council |
||||
|
Courts |
||||
|
Inspection body. |
||||
|
Other. |
19. If other Ministry and/or inspection body and/or other, please specify (in regards to question 18):
You can indicate below:
- any useful comments for interpreting the data mentioned above
- 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 the questions 6, 7, 13 and 16.
20. Does legal aid concerns:
|
Criminal cases |
Other than criminal cases |
|
|
Legal advice |
||
|
Other |
21. Other, please specify (in regards to question 20)
22. Does legal aid foresee the covering or the exoneration of court fees?
Yes
No
If yes, please specify:
23. Can legal aid be granted for the fees that are related to the execution of judicial decisions?
Yes
No
If yes, please specify:
24. Number of cases granted with legal aid provided by (national, regional, local) public authorities:
|
Number |
|
|
Total |
|
|
Criminal cases |
|
|
Other than criminal cases |
25. In a criminal case, can any individual who does not have sufficient financial means be assisted by a free of charge (or financed by public budget) lawyer?
Yes
No
26. Does your country have an income and asset test for granting legal aid:
|
No |
Yes |
Amount |
|
|
for criminal cases |
|||
|
for other than criminal cases? |
27. In other than criminal cases, is it possible to refuse legal aid for lack of merit of the case (for example for frivolous action)?
Yes
No
28. If yes, is the decision for granting or refusing legal aid taken by:
the court?
an authority external to the court?
a mixed decision-making authority (court and external)?
29. Is there a private system of legal expense insurance enabling individuals to finance court proceedings?
Yes
No
Please specify:
30. Do judicial decisions have an impact on who bears the legal costs which are paid by the parties during the procedure in:
|
Yes |
No |
|
|
criminal cases? |
||
|
other than criminal cases? |
***
You can indicate below:
- any useful comments for interpreting the data mentioned above
- 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 the questions 24 and 26
31. Are there official internet sites/portals (e.g. Ministry of Justice, etc.) for the following, which the general public may have free of charge access to:
Yes
§ legal texts (e.g. codes, laws, regulations, etc.)? Internet address(es):
§ case-law of the higher court/s?
Internet address(es):
§ other documents (for examples forms)?
Internet address(es):
32. Is there an obligation to provide information to the parties concerning the foreseeable timeframe of the proceeding?
Yes
No
If yes, please specify:
33. Is there a public and free-of-charge specific information system to inform and to help victims of crimes?
Yes
No
If yes, please specify:
34. Are there special favourable arrangements to be applied, during judicial proceedings, to the following categories of vulnerable persons:
|
Information mechanism |
Hearing modalities |
Procedural rights |
Other |
|
|
Victims of terrorism |
||||
|
Children/Witnesses/Victims |
||||
|
Victims of domestic violence |
||||
|
Ethnic minorities |
||||
|
Disabled persons |
||||
|
Juvenile offenders |
||||
|
Other |
35. Does your country have a compensation procedure for victims of crimes?
Yes
No
36. If yes, does this compensation procedure consist in:
a court decision?
private fund?
If yes, which kind of cases does this procedure concern?
37. Are there studies to evaluate the recovery rate of the compensation awarded by courts to victims?
Yes
No
If yes, please specify:
38. Is there a specific role for the public prosecutor with respect to the (protection of the position and assistance of) victims?
Yes
No
If yes, please specify?
39. Do victims of crimes have the right to contest to a decision of the public prosecution to discontinue a case?
Yes
No
If yes, please specify?
40. Is there a system for compensating users in the following circumstances:
Excessive length of proceedings?
Non execution of court decisions?
Wrongful arrest?
Wrongful condemnation?
If yes, please specify (fund, daily tariff):
41. Does your country have surveys aimed at users or legal professionals (judges, lawyers, officials, etc.) to measure their trust and/or satisfaction (with the services delivered by the judiciary system)?
(Satisfaction) surveys aimed at judges
(Satisfaction) surveys aimed at court staff
(Satisfaction) surveys aimed at public prosecutors
(Satisfaction) surveys aimed at lawyers
(Satisfaction) surveys aimed at citizens (visitors of the court)
(Satisfaction) surveys aimed at other clients of the courts
If possible, please specify their titles, how to find these surveys, etc:
42. If yes, please specify:
|
Yes (surveys at a regular interval: for example annual) |
Yes (incidental surveys) |
|
|
Surveys at court level |
43. Is there a national or local procedure for making complaints about the performance (for example the length of proceedings) or the functioning (for example the treatment of a case by a judge) of the judicial system?
Yes
No
44. If yes, please specify:
|
Time limit to respond (Yes) |
Time limit for dealing with the complaint (Yes) |
|
|
Court concerned |
||
|
Higher court |
||
|
Ministry of Justice |
||
|
High Council of the Judiciary |
||
|
Other external organisations (e.g. Ombudsman) |
Can you give information elements concerning the efficiency of this complaint procedure?
45. Number of courts considered as legal entities (administrative structures) and geographic locations (please, complete the table)
|
Total number |
|
|
First instance courts of general jurisdiction Courts (legal entities) |
|
|
Specialised first instance Courts (legal entities) |
|
|
All the Courts (geographic locations) |
46. Please specify the different areas of specialisation (and, if possible, the number of courts concerned):
47. Is there a change in the structure in the courts foreseen (for example a reduction of the number of courts (geographic locations) or a change in the powers of courts)?
Yes
No
If yes, please specify:
48. Number of first instance courts competent for a case concerning:
|
Number |
|
|
a debt collection for small claims |
|
|
a dismissal |
|
|
a robbery |
Please specify what is meant by small claims in your country (answer only if the definition has been changed compared to the previous evaluation round):
Please indicate the sources for the question 45
49. Number of professional judges sitting in courts
(present the information in full time equivalent and for permanent posts)
50. Number of professional judges sitting in courts on an occasional basis and who are paid as such:
|
Number |
|
|
gross figure |
|
|
if possible, in full time equivalent |
51. Please specify (answer only if the information has been changed compared to the previous evaluation round):
52. Number of non-professional judges (including lay judges and excluding jurees) who are not remunerated but who can possibly receive a simple defrayal of costs. Please specify (answer only if the information has been changed compared to the previous evaluation round):
53. Does your judicial system include trial by jury with the participation of citizens?
No
If yes, for which type of case(s)?
54. If possible, indicate the number of citizens who were involved in such juries for the year of reference?
55. Number of non-judge staff who are working in courts (present the information in full time equivalent and for permanent posts)
56. If possible, could you distribute this staff according to the 4 following categories:
|
- non-judge staff (Rechtspfleger), with judicial or quasi-judicial tasks having autonomous competence and whose decisions could be subject to appeal |
Yes |
|
|
- non-judge staff whose task is to assist the judges (case file preparation, assistance during the hearing, keeping the minutes of the meetings, helping to prepare the decisions) such as registrars: |
Yes |
|
|
- staff in charge of different administrative tasks as well as of the management of the courts (human resources management, material and equipment management, including computer systems, financial and budgetary management, training management): |
Yes |
|
|
- technical staff: |
Yes |
|
Please indicate the sources for the questions 49, 50, 52, 53 and 55:
57. Number of public prosecutorspresent the information in full time equivalent and for permanent posts)
58. Do any other persons have similar duties as public prosecutors?
If yes, please specify:
59. Number of staff (non prosecutors) attached to the public prosecution service
(present the information in full time equivalent and for permanent posts)
Please indicate the sources for the questions 57 and 59:
60. Who is entrusted with the individual court budget?
|
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 |
61. You can indicate below:
o any useful comments for interpreting the data mentioned above
o if available an organization scheme with a description of the competencies of the different authorities responsible for the budget process in the court
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 |
|
|
Word processing |
||||
|
Electronic data base of jurisprudence |
||||
|
Electronic files |
||||
|
|
||||
|
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 |
|
|
Case registration system |
||||
|
Court management information system |
||||
|
Financial information system |
64. For the communication between the court and the parties, what are the computer facilities used within the courts?
|
100% of courts |
+50% of courts |
-50% of courts |
- 10 % of courts |
|
|
Electronic web forms |
||||
|
Special Website |
||||
|
Other electronic communication facilities |
65. Is there a centralised institution which is responsible for collecting statistical data regarding the functioning of the courts and judiciary (answer only if this information has been changed compared with the previous evaluation round)? (Q50)
No
If yes, please specify the name and the address of this institution:
***
You can indicate below:
o any useful comments for interpreting the data mentioned above
o the characteristics of your judicial system and the main reforms that has been implemented over the last two years
Please indicate the sources for the questions 62, 63 and 64:
66. Are the courts required to prepare an annual activity report?
Yes
No
67. Do you have a regular monitoring system of court activities concerning the:
number of decisions?
number of postponed cases?
length of proceedings (timeframes)?
other?
Please specify:
68. Do you have a regular system to evaluate the performance of each court?
Yes
No
Please specify:
69. Concerning court activities, have you defined performance indicators?
Yes
No
70. Please select the 4 main performance and quality indicators that is used for a proper functioning of courts:
Incoming cases
Length of proceedings (timeframes)
Closed cases
Pending cases and backlogs
Productivity of judges and court staff
Percentage of cases that are treated by a single sitting judge
The enforcement of penal decisions
Satisfaction of employees of the courts
Satisfaction of clients (regarding the services delivered by the courts)
Judicial quality and organisational quality of the courts
The costs of the judicial procedures
Other:
Please specify:
71. Are there performance targets defined for individual judges?
Yes
No
72. Are there performance targets defined at the level of the courts?
Yes
No
73. Please specify who is responsible for setting the targets:
executive power (for example the ministry of Justice)?
legislative power?
judicial power (for example a High Judicial Council or a Higher Court)?
other?
Please specify:
74. Please specify the main targets applied:
75. Which authority is responsible for the evaluation of the performances of the courts:
the High Council of judiciary?
the Ministry of justice?
an Inspection authority?
the Supreme Court?
an external audit body?
other?
Other, Please specify:
76. Are there quality standards (organisational quality and/or judicial quality policy) formulated for the courts (existence of a quality system for the judiciary)?
Yes
No
If yes, please specify:
77. Do you have specialised court staff which is entrusted with quality policy and/or quality systems for the judiciary?
Yes
No
78. Is there a system enabling to measure the backlogs and to detect the cases which are not processed within a reasonable timeframe for:
civil cases?
criminal cases?
administrative cases?
79. Do you have a way of analysing waiting time during court procedures?
Yes
No
If yes, please specify:
80. Is there a system to evaluate the functioning of courts on the basis of an evaluation plan (timetable for visits) agreed a priori?
Yes
No
Please specify (including an indication of the frequency of the evaluation):
81. Is there a system for monitoring and evaluating the functioning of the prosecution services?
Yes
No
If yes, please specify:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ the characteristics of your court monitoring and evaluation system
Please indicate the sources for the questions 70, 71, 72 and 76:
82. What is the percentage of judgements in first instance criminal cases in which the suspect is not attending in person or not represented by a legal professional (i.e. lawyer) during a court session (in absentia judgements) ?
83. Is there a procedure to effectively challenge a judge if a party considers that the judge is not impartial?
Yes
No
If possible, number of successful challenges (in a year):
84. Please give the following data concerning the number of cases regarding Article 6 of the European Convention of Human Rights (on duration and non-execution), for the year of reference
|
Cases declared inadmissible by the Court |
Friendly settlements |
Judgements establishing a violation |
Judgements establishing a non violation |
|
|
Civil proceedings - Article 6§1 (duration) |
||||
|
Civil proceedings - Article 6§1 (non-execution) |
||||
|
Criminal proceedings - Article 6§1 (duration) |
Please indicate the sources for the questions 82 and 84:
85. Are there specific procedures for urgent matters as regards:
civil cases?
criminal cases?
administrative cases?
If yes, please specify:
86. Are there simplified procedures for:
civil cases (small claims)?
criminal cases (petty offences)?
administrative cases?
If yes, please specify (for example if you have introduced a new law on simplified procedures):
87. Do courts and lawyers have the possibility to conclude agreements on the modalities for processing cases (presentation of files, decisions on timeframes for lawyers to submit their conclusions and on dates of hearings)?
Yes
No
If yes, please specify:
88. Total number of cases in the first instance courts (litigious and non-litigious); (please complete the table)
|
Pending cases on 1 Jan. ‘06 |
Incoming cases |
Decisions on the merits |
Pending cases on 31 Dec. ‘06 |
|
|
Total of civil, commercial and administrative law cases |
||||
|
1 Civil (and commercial) litigious cases* |
||||
|
2 Civil (and commercial) non-litigious cases* |
||||
|
3 Enforcement cases |
||||
|
4 Land registry cases** |
||||
|
5 Business register cases** |
||||
|
6 Administrative law cases |
||||
|
7 Other |
||||
|
Total criminal cases (8+9) |
||||
|
8 Criminal cases (severe criminal offences) |
||||
|
9 Misdemeanour cases (minor offences) |
89. The cases mentioned in categories 3 to 5 (enforcement, land registry, business register) are excluded from this total and should be presented separately in the table. The cases mentioned in category 6 (administrative law cases) are also excluded from this total for the countries which have specialised administrative courts or units in the courts of general jurisdiction.
** if applicable
Note:for the criminal law cases there may be a problem of classification of cases between severe criminal law cases and misdemeanour cases. Some countries might have other ways of addressing misdemeanour offences (for example via administrative law procedure). Please indicate if possible what case categories are included under "severe criminal cases" and the cases included under "misdemeanour cases (minor offences)".
Explanation:
90. Total number of cases in the second instance (appeal) courts (litigious and non-litigious); (please complete the table)
|
Pending cases on 1 Jan. ‘06 |
Incoming cases |
Decisions on the merits |
Pending cases on 31 Dec. ‘06 |
|
|
Total of civil, commercial and administrative law cases |
||||
|
1 Civil (and commercial) litigious cases* |
||||
|
2 Civil (and commercial) non-litigious cases* |
||||
|
3 Enforcement cases |
||||
|
4 Land registry cases** |
||||
|
5 Business register cases** |
||||
|
6 Administrative law cases |
||||
|
7 Other |
||||
|
Total criminal cases (8+9) |
||||
|
8 Criminal cases (Severe criminal offences) |
||||
|
9 Misdemeanour cases (minor offences) |
91. Total number of cases in the highest instance courts (litigious and non-litigious); (please complete the table)
|
Pending cases on 1 Jan. ‘06 |
Incoming cases |
Decisions |
Pending cases on 31 Dec. ‘06 |
|
|
Total of civil, commercial and administrative law cases |
||||
|
1 Civil (and commercial) litigious cases* |
||||
|
2 Civil (and commercial) non-litigious cases* |
||||
|
3 Enforcement cases |
||||
|
4 Land registry cases** |
||||
|
5 Business register cases** |
||||
|
6 Administrative law cases |
||||
|
7 Other |
||||
|
Total criminal cases (8+9) |
||||
|
8 Criminal cases (severe criminal offences) |
||||
|
9 Misdemeanour cases (minor offences) |
92. Number of divorce cases, employment dismissal cases, robbery cases and intentional homicide cases received and treated by first instance courts (complete the table)
|
Pending cases on 1 Jan. ‘06 |
Incoming cases |
Decisions |
Pending cases on 31 Jan. ‘06 |
|
|
Divorce cases* |
||||
|
Employment dismissal cases* |
||||
|
Robbery cases |
||||
|
Intentional homicide |
93. Average length of proceeding (from the date of lodging of court proceedings)
|
% of decisions subject to appeal |
% pending cases more than 3 years |
1st instance |
2d instance |
Total procedure |
|
|
Divorce cases* |
|||||
|
Employment dismissal cases* |
|||||
|
Robbery cases |
|||||
|
Intentional homicide |
94. Where appropriate, please specify the specific procedure as regards divorce:
95. How is the length of proceedings calculated for the four case categories? (please give a description of the calculation method)
96. Please describe the role and powers of the prosecutor in the criminal procedure (multiple options are possible):
to conduct or supervise police investigation?
to conduct investigation?
when necessary, to demand investigation measures from the judge?
to charge?
to present the case in the court?
to propose a sentence to the judge?
to appeal?
to supervise enforcement procedure?
to end the case by dropping it without the need for a judicial decision?
to end the case by imposing or negotiating a penalty without a judicial decision?
other significant powers?
Please specify:
97. Does the prosecutor also have a role in civil and/or administrative cases?
Yes
No
Please specify:
98. Functions of the public prosecutor in relation to criminal cases– please complete this table:
|
Received by the public prosecutor |
Discontinued by the public prosecutor because the offender could not be identified |
Discontinued by the public prosecutor due to the lack of an established offence or a specific legal situation |
Discontinued by the public prosecutor for reason of opportunity |
Concluded by a penalty, imposed or negotiated by the public prosecutor |
Charged by the public prosecutor before the courts |
|
|
Total number of 1st instance criminal cases |
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ 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 the questions from 92 to 94 and question 98:
99. How are judges recruited?
Through a competitive exam (for instance after a law degree)?
A specific recruitment procedure for legal professionals with long working experience in the legal field (for example lawyers)?
A combination of both
Other
Other, please specify:
100. Are judges initially/at the beginning of their carrier recruited and nominated by:
An authority composed of judges only?
An authority composed of non-judges only?
An authority composed of judges and non-judges?
101. Is the same authority competent for the promotion of judges?
Yes
No
If no, please specify which authority is competent for the promotion of judges:
102. Which procedures and criteria are used for promoting judges? (please specify).
103. How are prosecutors recruited?
Through a competitive exam? (for example after a law degree)
A specific recruitment procedure for legal professionals with long
working experience in the legal field (for example lawyers)?
A combination of both
Other
Other, please specify:
104. Are prosecutors initially/at the beginning of their carrier recruited and nominated by:
An authority composed of prosecutors only?
An authority composed of non-prosecutors only?
An authority composed of prosecutors and non-prosecutors?
105. Is the same authority formally responsible for the promotion of prosecutors?
Yes
No
If no, please specify which authority is competent for promoting prosecutors.
106. Which procedures and criteria are used for promoting prosecutors (please specify)
107. Is the mandate given for an undetermined period for judges?
Yes
No
Are there exceptions? Please specify:
108. Is the mandate given for an undetermined period for prosecutors?
Yes
No
Are there exceptions? Please specify:
109. If no, what is the length of the mandate? Is it renewable?
§ for judges? Yes, please specify the length
§ for prosecutors? Yes, please specify the length
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ the characteristics of the selection and nomination procedure of judges and prosecutors and the main reforms that have been implemented over the last two years
110. Nature of the training of judges. Is it compulsory?
Initial training
General in-service training
In-service training for specialised judicial functions (e.g. judge for economic or administrative issues)
In-service training for management functions of the court (e.g. court president, court managers)
In-service training for the use of computer facilities in the court)
111. Frequency of the training of judges
|
Annual |
Regular |
Occasional |
|
|
Initial training |
|||
|
General in-service training |
|||
|
In-service training for specialised judicial functions (e.g. judge for economic or administrative issues) |
|||
|
In-service training for management functions of the court (e.g. court president, court managers) |
|||
|
In-service training for the use of computer facilities in the court) |
112. Nature of the training of prosecutors. Is it compulsory?
Initial training
General in-service training
Specialised in-service training (specialised public prosecutor)
In-service training for management functions of the prosecution services (e.g. head prosecutor and/or managers)
In-service training for the use of computer facilities in the public prosecution service)
113. Frequency of the training of prosecutors
|
Annual |
Regular |
Occasional |
|
|
Initial training |
|||
|
General in-service training |
|||
|
Specialised in-service training (specialised public prosecutor) |
|||
|
In-service training for management functions of the prosecution services (e.g. head prosecutor and/or managers) |
|||
|
In-service training for the use of computer facilities in the public prosecution service) |
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ comments regarding the attention given in the curricula to the European Convention on Human Rights and the case law of the Court
§ the characteristics of your training system for judges and prosecutors and the main reforms that has been implemented over the last two years
114. Salaries of judges and prosecutors (complete the table)
|
Gross annual salary (Euro) |
Net annual salary (Euro) |
|
|
First instance professional judge at the beginning of his/her career |
||
|
Judge of the Supreme Court or the Highest Appellate Court |
||
|
Public prosecutor at the beginning of his/her career |
||
|
Public prosecutor of the Supreme Court or the Highest Appellate Instance |
115. Do judges and public prosecutors have additional benefits?
|
Judges |
Public prosecutors |
|
|
Special pension |
||
|
Housing |
||
|
Other financial benefit |
116. If other financial benefit, please specify
117. Can judges combine their work with any of the following other professions?
|
Yes with remuneration |
Yes without remuneration |
No |
|
|
Teaching |
|||
|
Research and publication |
|||
|
Arbitrator |
|||
|
Consultant |
|||
|
Cultural function |
|||
|
Other function |
118. If other function, please specify
119. Can prosecutors combine their work with any of the following other professions?
|
Yes with remuneration |
Yes without remuneration |
No |
|
|
Teaching |
|||
|
Research and publication |
|||
|
Arbitrator |
|||
|
Consultant |
|||
|
Cultural function |
|||
|
Other function |
120. If other function, please specify
121. Do judges receive bonus based on the fulfilment of quantitative objectives relating to the delivering of judgments?
Yes
No
If yes, please specify:
Please indicate the source for the question 114:
122. Which authority is authorized to initiate disciplinary proceedings against judges and/or prosecutors? Please specify:
123. Which authority has the disciplinary power on judges and prosecutors? Please specify:
124. Types of disciplinary proceedings and sanctions against judges and prosecutors: number of disciplinary proceedings initiated
|
Judges |
Prosecutors |
|
|
Total number (1+2+3+4) |
||
|
1. Breach of professional ethics |
||
|
2. Professional inadequacy |
||
|
3. Criminal offence |
||
|
4. Other |
125. Types of disciplinary proceedings and sanctions against judges and prosecutors: number of sanctions pronounced:
|
Judges |
Prosecutors |
|
|
Total number (total 1 to 9) |
||
|
1. Reprimand |
||
|
2. Suspension |
||
|
3. Withdrawal of cases |
||
|
4. Fine |
||
|
5. Temporary reduction of salary |
||
|
6. Degradation of post |
||
|
7. Transfer to another geographical (court) location |
||
|
8. Dismissal |
||
|
9. Other |
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ the characteristics of your system concerning disciplinary procedures for judges and prosecutors and the main reforms that have been implemented over the last two years
126. Total number of lawyers practising in your country
127. Does this figure include legal advisors (solicitors or in-house counsellor) who cannot represent their clients in court?
Yes
No
128. Number of legal advisors?
129. Do lawyers have a monopoly of representation:
Civil cases*
Criminal cases - Defendant*
Criminal cases - Victim*
Administrative cases*
* If appropriate, please specify if it concerns first instance and appeal. And in case there is no monopoly, please specify the organisations or persons which may represent a client before a court (for example a NGO, family member, trade union, etc) and for which types of cases.
130. Is the lawyer profession organised through?
a national bar?
a regional bar?
a local bar?
Please specify:
Please indicate the source for the question 126:
131. Is there a specific initial training and/or examination to enter the profession of lawyer?
Yes
No
132. Is there a mandatory general system for lawyers requiring continuing professional training?
Yes
No
133. Is the specialisation in some legal fields tied with a specific level of training/ qualification/ specific diploma or specific authorisations?
Yes
No
If yes, please specify:
134. Can users establish easily what the lawyers’ fees will be?
Yes
No
135. Are lawyers fees:
regulated by law?
regulated by Bar association?
freely negotiated?
136. Have quality standards been formulated for lawyers?
Yes
No
137. If yes, who is responsible for formulating these quality standards:
the bar association?
the legislature?
other?
Please specify (including a description of the quality criteria used):
138. Is it possible to complain about :
the performance of lawyers?
the amount of fees?
Please specify:
139. Which authority is responsible for disciplinary procedures:
the judge?
the Ministry of justice?
a professional authority or other?
Please specify:
140. Disciplinary proceedings and sanctions against lawyers:
Disciplinary proceedings initiated
|
Breach of professional ethics |
Professional inadequacy |
Criminal offence |
Other |
|
|
Annual number |
141. Disciplinary proceedings and sanctions against lawyers:
Sanctions pronounced
|
Reprimand |
Suspension |
Removal |
Fine |
Other |
|
|
Annual number |
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ the characteristics of your system concerning the organisation of the Bar and the main reforms that have been implemented over the last two years
142. If appropriate, please specify, by type of cases, the organisation of judicial mediation:
|
Possibility for private mediation or court annexed mediation |
Private mediator |
Public authority |
Judge |
Prosecutor |
|
|
Civil and commercial cases |
|||||
|
Family law cases (ex. Divorce) |
|||||
|
Administrative cases |
|||||
|
Employment dismissals |
|||||
|
Criminal cases |
143. Is there a possibility to receive legal aid for mediation procedures?
Yes
No
If yes, please specify:
144. Can you provide information about the number of accredited mediators?
Yes
No
145. Can you provide information about the total number of judicial mediation procedures concerning:
Yes Number
Please indicate the source for the question 145:
146. Can you give information concerning other forms of alternative dispute resolution (e.g. Arbitration, conciliation)? Please specify:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ the characteristics of your system concerning ADR and the main reforms that have been implemented over the last two years
147. Number of enforcement agents
148. Are enforcement agents:
judges?
bailiff practising as private profession ruled by public authorities?
bailiff working in a public institution?
other enforcement agents?
Please specify their status:
149. Is there a specific initial training or examination to enter the profession of enforcement agent?
Yes
No
150. Is the profession of enforcement agent organised by?
a national body?
a regional body?
a local body?
151. Can users establish easily what the fees of the enforcement agents will be?
Yes
No
152. Are enforcement fees:
regulated by law?
freely negotiated?
Please indicate the source for the question 147:
153. Is there a body entrusted with the supervision and the control of the enforcement agents?
Yes
No
154. Which authority is responsible for the supervision and the control of enforcement agents:
a professional body?
the judge?
the Ministry of justice?
the prosecutor?
other?
Please specify:
155. Have quality standards been formulated for enforcement agents?
Yes
No
If yes, who is responsible for formulating these quality standards and what are the quality criteria used?
156. Do you have a specific mechanism for executing court decisions rendered against public authorities, including for monitoring the execution?
Yes
No
if yes, please specify
Please indicate the source for the questions 155 and 156:
157. What are the main complaints of users concerning the enforcement procedure?
(please indicate a maximum of 3).
no execution at all?
non execution of court decisions against public authorities?
lack of information?
excessive length?
unlawful practices?
insufficient supervision?
excessive cost?
other?
Please specify:
158. Has your country prepared or has established concrete measures to change the situation concerning the enforcement of court decisions – in particular as regards decisions against public authorities?
No
If yes, please specify:
159. Is there a system measuring the timeframes of the enforcement of decisions :
for civil cases?
for administrative cases?
160. As regards a decision on debts collection, can you estimate the average timeframe to notify the decision to the parties which live in the city where the court seats:
between 1 and 5 days
between 6 and 10 days
between 11 and 30 days
more
More, please specify
161. Disciplinary proceedings initiated against enforcement agents:
Breach of professional ethics yes, number
Professional inadequacy yes, number
Criminal offence yes, number
Other yes, number
162. Sanctions pronounced against enforcement agents:
Reprimand yes, number
Suspension yes, number
Dismissal yes, number
Fine yes, number
Other yes, number
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ the characteristics of your enforcement system of decisions in civil matters and the main reforms that has been implemented over the last two years
Please indicate the source for the questions 157 and 160:
163. Is there a judge who is in charge of the enforcement of judgments?
Yes
No
If yes, please specify his/her functions and activities (e.g. Initiative or control functions). If no, please specify which authority is entrusted with the enforcement of judgements (e.g. prosecutor):
164. As regards fines decided by a criminal court, are there studies to evaluate the effective recovery rate?
Yes
No
If yes, please specify:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ the characteristics of your enforcement system of decisions in criminal matters and the main reforms that has been implemented over the last two years
165. Do you have notaries in your country? If no go to question 170.
Yes
No
166. Is the status of notaries:
a private one (without control from public authorities)? yes, number
a status of private worker ruled by the public authorities? yes, number
a public one? yes, number
other? yes, number and specify
167. Do notaries have duties:
within the framework of civil procedure?
in the field of legal advice?
to authenticate legal deeds?
other?
Please specify:
Please indicate the source for the question 166:
168. Is there an authority entrusted with the supervision and the control of the notaries?
Yes
No
169. Which authority is responsible for the supervision and the control of the notaries:
a professional body?
the judge?
the Ministry of justice?
the prosecutor?
other?
Please specify:
***
You can indicate below:
§ any useful comments for interpreting the data mentioned above
§ the characteristics of your system of notaries and the main reforms that has been implemented over the last two years
170. Can you provide information on the current debate in your country regarding the functioning of justice? Are there reforms foreseen? (for example changes in legislation, changes in the structure of the judiciary, innovation programmes, etc). If yes, please specify.