Strasbourg, 15 May 2017
CEPEJ(2016)9rev
EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE
(CEPEJ)
SCHEME FOR EVALUATING JUDICIAL SYSTEMS 2016-2018 CYCLE |
Contents
1. Demographic and economic data
1.1 Inhabitants and economic information
1.2. Budgetary data concerning judicial system
1.3. Budgetary data concerning the whole justice 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 Management of the court budget
3.5 Use of technologies in courts
3.6 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
Note: If the comments provided by national correspondents in the previous scheme still apply, they must nevertheless be repeated for this evaluation cycle.
Reference year: Reference year +1: |
2016 2017 |
1. Number of inhabitants (if possible on 1 January of the reference year +1) ___________
2. Total of annual public expenditure at state level and where appropriate, public expenditure at regional or federal entity level (in €).
§ State or federal level ___________ / NA / NAP
§ Regional / federal entity level (total for all regions / federal entities) ___________ / NA / NAP
3. Per capita GDP (in €) in current prices for the reference year ___________
4. Average gross annual salary (in €) for the reference year ___________
5. Exchange rate of national currency (non-Euro zone) in € on 1 January of the reference year +1 ___________
***
A-1. Please indicate the sources for answering questions 1 to 4:
6. Annual (approved and implemented) public budget allocated to the functioning of all courts, in € (without the budget of the public prosecution services and without the budget of legal aid). If you cannot separate the budget allocated to the courts from the budgets of public prosecution services and/or legal aid, please go to question 7. If you are able to answer this question 6, please answer NAP to the question 7.
Approved budget (in €) |
Implemented budget (in €) |
|
TOTAL - Annual budget allocated to the functioning of all courts (1 + 2 + 3 + 4 + 5 + 6 + 7) |
_______/ NA / NAP |
_______/ NA / NAP |
1. Annual public budget allocated to (gross) salaries |
_______/ NA / NAP |
_______/ NA / NAP |
2. Annual public budget allocated to computerisation (equipment, investments, maintenance) |
_______/ NA / NAP |
_______/ 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 |
_______/ NA / NAP |
4. Annual public budget allocated to court buildings (maintenance, operating costs) |
_______/ NA / NAP |
_______/ NA / NAP |
5. Annual public budget allocated to investments in new (court) buildings |
_______/ NA / NAP |
_______/ NA / NAP |
6. Annual public budget allocated to training |
_______/ NA / NAP |
_______/ NA / NAP |
7. Other (Please specify) |
_______/ NA / NAP |
_______/ NA / NAP |
Please indicate any useful comment to explain the figures provided. If the annual public budget allocated to the functioning of all courts actually implemented is different from the approved annual public budget allocated to the functioning of all courts, please indicate the main differences:
7. (Modified question) If you cannot answer question 6 because you cannot isolate the budget allocated to courts from the budget allocated to public prosecution services and/or legal aid, please fill only the appropriate line in the table according to your system:
|
Approved budget (in €) |
Implemented budget (in €) |
Total annual public budget allocated to all courts and the public prosecution services together |
_______ / NA / NAP |
______ / NA / NAP |
Total annual public budget allocated to all courts and legal aid together |
_______ / NA / NAP |
______ / NA / NAP |
Total annual public budget allocated to all courts, public prosecution services and legal aid together |
_______ / NA / NAP |
_______ / NA / NAP |
8. Are litigants in general required to pay a court tax or fee to start a proceeding at a court of general jurisdiction:
for criminal cases?
for other than criminal cases?
If there are exceptions to the rule to pay a court tax or fee, could you please provide comments on those exceptions?
8-1. Please briefly present the methodology of calculation of court taxes or fees:
8-2. The amount of court fees to commence an action for 3000€ debt recovery: ____________
9. Annual income of court taxes or fees received by the State (in €): _________ / NA / NAP
[Questions 10 and 11 non-existent]
12. Annual approved public budget allocated to legal aid, in €.
Total |
Criminal cases |
Other than criminal cases |
|
TOTAL - Annual approved public budget allocated to legal aid (12.1 + 12.2) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
12.1 for cases brought to court |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
12.2 for non-litigious cases or cases not brought to court (legal consultation, ADR, etc.) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
12-1. Annual implemented public budget allocated to legal aid, in €.
Total |
Criminal cases |
Other than criminal cases |
|
TOTAL - Annual implemented public budget allocated to legal aid (12-1.1 + 12-1.2) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
12-1.1 for cases brought to court |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
12-1.2 for non-litigious cases or cases not brought to court (legal consultation, ADR, etc.) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
If the public budget actually implemented regarding legal aid is different from the annual approved public budget allocated to legal aid, please indicate the main differences:
13. Total annual (approved and implemented) public budget allocated to the public prosecution services, in €.
|
Approved budget (in €) |
Implemented budget (in €) |
Total annual public budget allocated to the public prosecution services, in € |
_______ / NA / NAP |
______ / NA / NAP |
Please indicate any useful comment to explain the figures provided. Moreover, if the annual public budget allocated to the public prosecution services actually implemented is different from the approved annual public budget allocated to the public prosecution services, please indicate the main differences:
14. Authorities formally responsible for the budgets allocated to the courts (multiple options possible):
Preparation of the total court budget |
Adoption/approval of the total court budget |
Management and allocation of the budget among the courts |
Evaluation of the use of the budget at a national level |
|
Ministry of Justice |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
Other ministry |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
Parliament |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
Supreme Court |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
High Judicial Council |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
Courts |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
Inspection body |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
Other |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
○Yes○No○NAP |
If any other Ministry and/or inspection body and/or other, please specify (considering question 14):
***
A-2. Please indicate the sources for answering questions 6, 9, 10, 11, 12 and 13:
Budget of the whole justice system
15-1. Annual (approved and implemented) public budget allocated to the whole justice system, in € (this global budget concerns the court system as defined under question 6 and also the prison system, the judicial protection of juveniles, the operation of the Ministry of Justice, etc.).
|
Approved budget (in €) |
Implemented budget (in €) |
|
Total annual public budget allocated to the whole justice system |
_______ / NA |
_______ / NA / |
|
Please indicate any useful comment to explain the figures provided above and specify if a large portion of the budget allocated to the whole justice system comes from an international organisation. Moreover, if the annual public budget allocated to the whole justice system actually implemented is different from the approved annual public budget allocated to the whole justice system, please indicate the main differences:
Elements included in the whole justice system budget
Please indicate the elements that are included in the whole justice system budget. (Please, check the consistency with questions 6, 12 and 13)
15-2. (Modified question) Elements of the judicial system budget (Q6, Q12 and Q13)
Included |
Not included |
Does not exist (NAP) |
|
Court (see question 6) |
|||
Legal aid (see question 12) |
|||
Public prosecution services (see question 13) |
15-3. (Modified question) Other budgetary elements
Included |
Not included |
Does not exist (NAP) |
|
Prison system |
|||
Probation services |
|||
Council of the judiciary |
|||
Constitutional court |
|||
Judicial management body |
|||
State advocacy |
|||
Enforcement services |
|||
Notariat |
|||
Forensic services |
|||
Judicial protection of juveniles |
|||
Functioning of the Ministry of Justice |
|||
Refugees and asylum seekers services |
|||
Immigration Service |
|||
Some police services (e.g. : transfer, investigation, prisoners’ security) |
|||
Other |
If “other”, please specify:
A-3. Please indicate the sources for answering questions 15-1, 15-2 and 15-3:
16. Does legal aid apply to:
Criminal cases |
Other than criminal cases |
|
Representation in court |
Yes No NA NAP |
Yes No NA NAP |
Legal advice |
Yes No NA NAP |
Yes No NA NAP |
17. Does legal aid include the coverage of or the exemption from court fees?
Yes No
If yes, please specify:
18. Can legal aid be granted for the fees that are related to the enforcement of judicial
decisions (e.g. fees of an enforcement agent)?
Yes No
If yes, please specify:
19. Can legal aid be granted for other costs (different from those mentioned in 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. (Modified question) Please indicate the number of cases for which legal aid has been granted:
Cases brought to court |
Cases not brought to court / non-litigious cases |
|
Total |
________/ NA / NAP |
________/ NA / NAP |
In criminal cases |
________/ NA / NAP |
________/ NA / NAP |
________/ 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? Please, specify in the comment box below.
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. (Modified question) Does your country have an income and assets evaluation for granting:
Annual income value (for one person), (in €) |
Annual assets value (for one person), (in €) |
No income and assets evaluation system for granting legal aid |
|
for criminal cases |
_____ / NA / NAP |
_____ / NA / NAP |
|
for other than criminal cases |
_____ / NA / NAP |
_____ / NA / NAP |
Annual income value (for one person), (in €) |
Annual assets value (for one person), (in €) |
No income and assets evaluation system for granting legal aid |
|
for criminal cases |
_____ / NA / NAP |
_____ / NA / NAP |
|
for other than criminal cases |
_____ / NA / NAP |
_____ / NA / NAP |
Please indicate if any other criteria are taken into account for the granting of legal aid and any comment that could explain the figures provided above:
24. In other than criminal cases, is it possible to refuse legal aid for lack of merit of the case (for example for frivolous action or no chance of success)?
Yes No
If yes, please explain the exact criteria for denying legal aid:
25. In other than criminal cases, is the decision to grant or refuse legal aid taken by (one option only):
○ the court?
○ an authority external to the court?
○ a mixed authority (court and external bodies)?
26. Is there a private system of legal expense insurance enabling individuals (this does not concern companies or other legal persons) to finance court proceedings?
Yes No
If appropriate, please inform about the current development of such insurances in your country; is it a growing phenomenon?
27. Can judicial decisions direct how legal costs, paid by the parties during the procedure, will be shared, in:
***
B1. 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:
Yes |
Internet address(es) |
|
legal texts (e.g. codes, laws, regulations, etc.) |
________________________ |
|
case-law of the higher court/s |
________________________ |
|
other documents (e.g. downloadable forms, online registration) |
________________________ |
Please specify what documents and information the addresses for “other documents” include:
29. (Modified question) Is there an obligation to provide information to the parties concerning the foreseeable timeframes of proceedings?
Yes, always
No
Yes, only in some specific situations
If yes, only in some specific situations, please specify:
30. Is there a public and free-of-charge specific information system to inform and to help victims of crime?
Yes No
If yes, please specify:
31. Are there special favourable arrangements to be applied, during judicial proceedings, to the following categories of vulnerable persons:
Information mechanism |
Special arrangements in hearings |
Other specific arrangements |
|
Victims of sexual violence/rape |
|
|
|
Victims of terrorism |
|
|
|
Minors (witnesses or victims) |
|
|
|
Victims of domestic violence |
|
|
|
Ethnic minorities |
|
|
|
Disabled persons |
|
|
|
Juvenile offenders |
|
|
|
Other (e.g. victims of human trafficking, forced marriage, sexual mutilation) |
|
|
|
If “other vulnerable person” and/or “other special arrangements”, please specify:
31-1. Is it possible for minors to be a party to a judicial proceeding:
Yes No
If yes, please specify which procedures can be concerned (civil, criminal, administrative / normal or accelerated procedure) and at which conditions (can children benefit from legal aid, be represented by a lawyer, etc.) :
32. Does your country allocate compensation for victims of crime?
Yes No
If yes, for which kind of offences?
32-1. (New question) Is a court decision necessary in the framework of the compensation procedure?
Yes No
33. If yes, does this compensation come from:
a public fund
damages and interests to be paid by the person responsible
a private fund
34. Are there studies that evaluate the recovery rate of the damages awarded by courts to victims?
Yes No
If yes, please illustrate with available data concerning the recovery rate, the title of the studies, the frequency of the studies and the coordinating body:
35. Do public prosecutors have a specific role with respect to the victims (protection and assistance)?
Yes No
If yes, please specify:
36. Do victims of crime have the right to dispute a public prosecutor’s decision to discontinue a case?
Please verify the consistency of your answer with that to question 105 regarding the possibility for a public prosecutor "to discontinue a case without needing a decision by a judge".
Yes
No
NAP (the public prosecutor cannot decide to discontinue a case on his/her own. A decision by a judge is needed).
If necessary, please specify:
37. (Modified question) Is there a system for compensating users in the following circumstances:
Number of requests for compensation |
Number of condemnations |
Total amount (in €) |
|
Total |
_____ / NA / NAP |
_____ / NA / NAP |
_____ / NA / NAP |
excessive length of proceedings |
_____ / NA / NAP |
_____ / NA / NAP |
_____ / NA / NAP |
non-execution of court decisions |
_____ / NA / NAP |
_____ / NA / NAP |
_____ / NA / NAP |
wrongful arrest |
_____ / NA / NAP |
_____ / NA / NAP |
_____ / NA / NAP |
wrongful conviction |
_____ / NA / NAP |
_____ / NA / NAP |
_____ / NA / NAP |
other |
_____ / NA / NAP |
_____ / NA / NAP |
_____ / NA / NAP |
Where appropriate, please give details on the compensation procedure and the calculation method for the amount of the compensation (e.g. the amount per day for unjustified detentions or convictions):
38. (Modified question) Did your country implement surveys aimed at legal professionals and court users to measure their trust in justice and their satisfaction with the services delivered by the judicial system? If yes, how frequently and up to what level?
National level |
Court level |
|
1. (Satisfaction) surveys aimed at judges |
Annual Other regular Ad hoc |
Annual Other regular Ad hoc |
2. (Satisfaction) surveys aimed at court staff |
Annual Other regular Ad hoc |
Annual Other regular Ad hoc |
3. (Satisfaction) surveys aimed at public prosecutors |
Annual Other regular Ad hoc |
Annual Other regular Ad hoc |
4. (Satisfaction) surveys aimed at lawyers |
Annual Other regular Ad hoc |
Annual Other regular Ad hoc |
5. (Satisfaction) surveys aimed at the parties |
Annual Other regular Ad hoc |
Annual Other regular Ad hoc |
6. (Satisfaction) surveys aimed at other court users (e.g. jurors, witnesses, experts, interpreters, representatives of governmental agencies) |
Annual Other regular Ad hoc |
Annual Other regular Ad hoc |
7. (Satisfaction) surveys aimed at victims |
Annual Other regular Ad hoc |
Annual Other regular Ad hoc |
8. Other not mentioned |
Annual Other regular Ad hoc |
Annual Other regular Ad hoc |
Please, indicate the references and links to the satisfaction surveys you mentioned above:
[Question 39 non-existent]
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. If yes, please specify certain aspects of this procedure:
Authority responsible for dealing with the complaint |
Time limit for dealing with the complaint |
|
Court concerned |
||
Higher court |
||
Ministry of Justice |
||
Council of the Judiciary |
||
Other external bodies (e.g. Ombudsman) |
41-1.
Number of complaints |
Compensations amount granted to users |
|
Court concerned |
_____ / NA / NAP |
_____ / NA / NAP |
Higher court |
_____ / NA / NAP |
_____ / NA / NAP |
Ministry of Justice |
_____ / NA / NAP |
_____ / NA / NAP |
Council of the Judiciary |
_____ / NA / NAP |
_____ / NA / NAP |
Other external bodies (e.g. Ombudsman) |
_____ / NA / NAP |
_____ / NA / NAP |
If possible, please give information concerning the efficiency of this complaint procedure and any useful comment:
42. Number of courts considered as legal entities (administrative structures) and geographic locations.
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).
Total (must be the same as the data given under question 42.2) |
_____/ NA / NAP |
Commercial courts (excluded insolvency courts) |
_____/ NA / NAP |
Insolvency courts |
_____/ NA / NAP |
Labour courts |
_____/ NA / NAP |
Family courts |
_____/ NA / NAP |
Rent and tenancies courts |
_____/ NA / NAP |
Enforcement of criminal sanctions courts |
_____/ NA / NAP |
Fight against terrorism, organised crime and corruption |
_____/ NA / NAP |
Internet related disputes |
_____/ NA / NAP |
Administrative courts |
_____/ NA / NAP |
Insurance and / or social welfare courts |
_____/ NA / NAP |
Military courts |
_____/ NA / NAP |
Other specialised 1st instance courts |
_____/ NA / NAP |
If “other specialised 1st instance courts”, please specify:
44. Is there a foreseen change in the structure of courts [for example a reduction of the number of courts (geographic locations) or a change in the powers of courts]?
Yes No
If yes, please specify:
45. Number of first instance courts (geographic locations) competent for a case concerning:
a debt collection for small claims |
_____/ NA / NAP |
a dismissal |
_____/ NA / NAP |
a robbery |
_____/ NA / NAP |
45-1. (New question) Is your definition for small claims the same as the one in the Explanatory note? If not, please give your definition for small claims:
45-2. (New question) Please indicate the value of a small claim: _________
***
Please indicate the sources for answering questions 42, 43 and 45:
46. Number of professional judges sitting in courts (if possible on 31 December of the reference year).
(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 / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
1. Number of first instance professional judges |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
2. Number of second instance (court of appeal) professional judges |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
3. Number of supreme court professional judges |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Please provide any useful comment for interpreting the data above:
47. Number of court presidents (professional judges).
Total |
Males |
Females |
|
Total number of court presidents (1 + 2 + 3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
1. Number of first instance court presidents |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
2. Number of second instance (court of appeal) court presidents |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
3. Number of supreme court presidents |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ 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 of the reference year):
Gross figure |
_____/ NA / NAP |
In full-time equivalent |
_____/ NA / NAP |
If necessary, please provide comments to explain the answer under question 48:
48-1. (New question) Do these professional judges sitting in courts on an occasional basis deal with a significant part of cases? If yes, please give specifications on the types of cases and an estimate in percentage.
|
49. (Modified question) Number of non-professional judges who are not remunerated but who can possibly receive a simple defrayal of costs (if possible on 31 December of the reference year) (e.g. lay judges or “juges consulaires”, but not arbitrators or persons sitting in a jury):
Gross figure |
_____/ NA / NAP |
In full-time equivalent |
_____/ NA / NAP |
49-1. If such non-professional judges exist in first instance in your country, please specify for which types of cases:
Yes |
No |
Echevinage |
|
in criminal law cases |
○ |
○ |
○ |
- severe criminal cases |
○ |
○ |
○ |
- misdemeanour and/or minor criminal cases |
○ |
○ |
○ |
in family law cases |
○ |
○ |
○ |
in civil cases |
○ |
○ |
○ |
in labour law cases |
○ |
○ |
○ |
in social law cases |
○ |
○ |
○ |
in commercial law cases |
○ |
○ |
○ |
in insolvency cases |
○ |
○ |
○ |
Other |
○ |
○ |
○ |
If “other”, please specify:
50. Does your judicial system include trial by jury with the participation of citizens?
Yes No
50-1. (New question) If yes, for which type of case(s)? (Please, for severe criminal cases and misdemeanour cases refer to the CEPEJ definitions)
Severe criminal cases
Misdemeanour cases
Other cases
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 (on 31 December of the reference year) (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 |
Male |
Females |
|
Total non-judge staff working in courts (1 + 2 + 3 + 4 + 5) |
___/ NA / NAP |
___/ NA / NAP |
___/ 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 |
___/ NA / NAP |
___/ NA / NAP |
2. Non-judge staff whose task is to assist the judges such as registrars (case file preparation, assistance during the hearing, court recording, helping to draft the decisions) |
___/ NA / NAP |
___/ NA / NAP |
___/ 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 |
___/ NA / NAP |
___/ NA / NAP |
4. Technical staff |
___/ NA / NAP |
___/ NA / NAP |
___/ NA / NAP |
5. Other non-judge staff |
___/ NA / NAP |
___/ NA / NAP |
___/ NA / NAP |
If “other non-judge staff”, please specify:
53. (Modified question) If there are Rechtspfleger (or similar bodies) in your judicial system, please specify in which fields do they have a role:
legal aid
family cases
payment orders
registry cases (land and/or business registry cases)
enforcement of civil cases
enforcement of criminal cases
other cases not mentioned (please describe in comment)
non-litigious cases
Please briefly describe their status and duties:
54. Have the courts outsourced certain services, which fall within their powers, to private providers?
Yes No
54-1. (New question) If yes, please specify which services have been outsourced:
IT services
Training of staff
Security
Archives
Cleaning
Other types of services
If “other types of services”, please specify:
C1. Please indicate the sources for answering questions 46, 47, 48, 49 and 52
3.3 Public prosecutors and staff
55. Number of public prosecutors (on 31 December of the reference year):
(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 / NAP |
___/ NA / NAP |
___/ NA / NAP |
1. Number of prosecutors at first instance level |
___/ NA / NAP |
___/ NA / NAP |
___/ NA / NAP |
2. Number of prosecutors at second instance (court of appeal) level |
___/ NA / NAP |
___/ NA / NAP |
___/ NA / NAP |
3. Number of prosecutors at supreme court level |
___/ NA / NAP |
___/ NA / NAP |
___/ NA / NAP |
Please indicate any useful comment for interpreting the data above:
56. Number of heads of prosecution offices:
Total |
Males |
Females |
|
Total number of heads of prosecution offices (1 + 2 + 3) |
___/ NA / NAP |
___/ NA / NAP |
___/ NA / NAP |
1. Number of heads of prosecution offices at first instance level |
___/ NA / NAP |
___/ NA / NAP |
___/ NA / NAP |
2. Number of heads of prosecution offices at second instance (court of appeal) level |
___/ NA / NAP |
___/ NA / NAP |
___/ NA / NAP |
3. Number of heads of prosecution offices at supreme court level |
___/ NA / NAP |
___/ NA / NAP |
___/ 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
If yes, please specify their title and function: [former question 58]
[Question 58 non-existent]
59. If yes, is their number included in the number of public prosecutors that you have indicated under question 55?
Yes No
59-1. Do prosecution offices have specially trained prosecutors in domestic violence and sexual violence etc.?
Yes No
60. Number of staff (non-public prosecutors) attached to the public prosecution service (on 31 December of the reference year) (without the number of non-judge staff, see question 52) (in full-time equivalent and for permanent posts actually filled).
Total |
Males |
Females |
___ / NA |
___ / NA |
___ / NA |
***
C-2. Please indicate the sources for answering questions 55, 56 and 60
61. Who is entrusted with responsibilities related to the budget within the court?
Preparation of the budget |
Arbitration and allocation of the budget |
Day to day management of the budget |
Evaluation and control of the use of the budget |
|
Management Board |
||||
Court President |
||||
Court administrative director |
||||
Head of the court clerk office |
||||
Other |
If “other”, please specify:
Sources (designation of the service(s) having possibly assisted the national correspondent for filling questions 62 to 65) |
Equipment rate(*) ○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA
Equipment policy coordinated at national level Yes No
Average internet speed in courts (*) (use the scale described in the explanatory note to answer this question) ○Very high speed ○High speed ○Medium speed ○Low speed ○NA
Equipment rate(*)○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA
Use policy coordinated at national level Yes No
Yes No
If yes, is this service:
○Outsourced
○Internal to the jurisdictions (specialised non-judge staff)
○Both of them
Comments (current developments, fields concerned, clarifications regarding the status or structuration of the maintenance services)
Yes No
If yes, please specify the following information :
Equipment rate(*) |
Link with ECHR case law(*) |
Denomination(s)(*) of the database(s) |
Case-law database available in open data |
|
Unique centralised database for all matters (*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
If no, please fill in the questionnaire for the matter(s)(*) concerned : |
||||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Other (please, specify in a comment to question 62) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
Equipment rate(*) ○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA
Link to databases of case law Yes No NA
Denomination(*) of the database ______________
Content directly available through computerised means for judges and/or prosecutors Yes No
Content directly available for purposes other than criminal (civil and administrative matters) Yes No
Authority delivering the access Yes No
No
If yes, please specify the following information:
Equipment rate(*) |
Denomination(s)(*) of the tool(s) |
|
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
|
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
|
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
|
Other (please, specify in a comment to question 62) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Equipment rate(*)○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA
Equipment rate(*) ○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA
Equipment rate(*)○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA
Yes No
If yes, please specify the following information:
Equipment rate(*) |
Centralised or interoperable database(*) |
Early warning signals (for active case management)(*) |
Denomination(s)(*) of the system(s) |
|
Database for all matters(*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
||||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Other (please, specify in a comment to question 63) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
Equipment rate(*) |
Data consolidated at national level |
Service available online(*) |
Denomination(s)(*) of the tool(s) |
|
Land registry |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Business registry |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Other (please, specify in a comment to question 63) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
Yes No
If yes, please specify the following information:
Equipment rate(*) |
Data consolidated at national level |
Denomination(s)(*) of the system(s) |
|
Unique statistical tool for all matters(*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
|||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
|
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
|
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
|
Other (please, specify in a comment to question 63) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Litigious divorce |
Yes NoNA |
Dismissal |
Yes NoNA |
Insolvency |
Yes NoNA |
Violence within the family |
Yes NoNA |
Organised crime |
Yes NoNA |
Cybercrime |
Yes NoNA |
Aliens |
Yes NoNA |
Yes No
Equipment rate(*) |
Data consolidated at national level |
System communicating with other ministries (*) (financial among others) |
Denomination(s)(*) of the tool(s) |
|
Budgetary and financial management of courts(*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Justice expenses management (*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Other (please specify in a comment to question 63) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
Equipment rate(*) ○100% ○50-99% ○10-49%1-9% ○0% (NAP) ○NA
Data used for a monitoring at national level local level
Equipment rate(*)○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA
64. Technologies used for communication between courts, professionals and/or court users
Websites at national and/or local level(s)
Website gathering national information
Specific website for each jurisdiction
Please specify the percentage of courts providing this service:
○100% ○50-99% ○10-49% ○0-9% ○NA
No website (NAP)
Yes No
If yes, please specify the following information:
Equipment rate(*) |
Simultaneous submission of cases in paper form remains mandatory |
Specific legislative framework authorising the submission of a case(*) |
Denomination(s)(*) of the software(s) dealing with online submission of cases |
|
Single electronic access point for all matters(*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
||||
Civil and/or commercial |
○100% ○50-99% ○10-49% ○0-9% ○NA |
Yes No |
Yes No |
|
Criminal |
○100% ○50-99% ○10-49% ○0-9% ○NA |
Yes No |
Yes No |
|
Administrative |
○100% ○50-99% ○10-49% ○0-9% ○NA |
Yes No |
Yes No |
|
Other (please, specify in a comment to question 64) |
○100% ○50-99% ○10-49% ○0-9% ○NA |
Yes No |
Yes No |
Yes No
If yes, please specify the following information:
Equipment rate(*)○100% ○50-99% ○10-49% ○1-9% ○NA
Formalisation of the request in paper form remains mandatory Yes No
Specific legislative framework(*) regarding requests for granting legal aid by electronic means Yes No
Denomination(*) of the software dealing with online requests ______________
Yes No
If yes, please specify the following information:
Equipment rate(*) |
Simultaneous summon in paper form remains mandatory |
Consent of the user to be notified by electronic means(*) |
Terms and conditions (if other please specify in comments) |
Specific legislative framework(*) |
|
Summon possible for all matters(*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
SMS Specific computer application(*) Other |
Yes No |
If no, please fill in the questionnaire for the matters(*) concerned: |
|||||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
SMS Specific computer application(*) Other |
Yes No |
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
SMS Specific computer application(*) Other |
Yes No |
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
SMS Specific computer application(*) Other |
Yes No |
Other (please, specify in a comment to question 64) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
SMS Specific computer application(*) Other |
Yes No |
Yes No
If yes, please specify the following information:
Equipment rate(*) |
Monitoring linked to the case management system (Q63.1) |
Monitoring including the publication of an online decision (*) |
Denomination(*) of the software used for the online monitoring |
|
Possibility for all matters(*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
||||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
|
Other (please, specify in a comment to question 64) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No |
Yes No |
Yes No
If yes, please specify the following informations:
Equipment rate(*) |
Trial phases concerned(*) |
Terms and conditions(*) (if there are different according to the trial phases or if other, please specify in a comment) |
Specific legal framework(*) |
|
Communication possible for all matters(*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Submission of a case to a court Phases preparatories to a hearing Schedule of hearings and/or appeals management Transmission of courts decisions |
Specific computer application(*) Other |
Yes No |
If no, please fill in the questionnaire for the matters(*) concerned: |
||||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Submission of a case to a court Phases preparatories to a hearing Schedule of hearings and/or appeals management Transmission of courts decisions |
Specific computer application(*) Other |
Yes No |
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Submission of a case to a court Phases preparatories to a hearing Schedule of hearings and/or appeals management Transmission of courts decisions |
Specific computer application(*) Other |
Yes No |
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Submission of a case to a court Phases preparatories to a hearing Schedule of hearings and/or appeals management Transmission of courts decisions |
Specific computer application(*) Other |
Yes No |
Other (please, specify in a comment to question 64) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Submission of a case to a court Phases preparatories to a hearing Schedule of hearings and/or appeals management Transmission of courts decisions |
Specific computer application(*) Other |
Yes No |
If “other”, please specify any useful comment regarding this section.
Equipment rate(*) |
Deeds concerned(*) |
Terms and conditions(*) (if there are different according to the deeds or if other, please specify in a comment) |
Specific legal framework(*) |
|
Enforcement agents (as defined in Q169 et seq.) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Communications between enforcement agents and users: Summon to a court Notification of decisions Debt collection Other |
Specific computer application(*) Other |
Yes No |
Notaries (as defined in Q192 et seq.) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Communications between notaries and users: In civil proceeding In matter of legal advice To authenticate deeds/certificates Other |
Specific computer application(*) Other |
Yes No |
Experts (as defined in Q202 et seq.) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Communications between experts and courts: To exchange evidences/bill of costs, etc. For the monitoring of expertises and timeframes reminder Other |
Specific computer application(*) Other |
Yes No |
Judicial police services |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Communications between the police services and the prosecuting authorities: To transmit instructions from the public prosecution services to the investigators To communicate to the public prosecution services, data on proceedings for which the investigation is over Other |
Specific computer application(*) Other |
Yes No |
If “other”, please specify any useful comment regarding this section.
Yes No
If yes, please specify the following information:
Equipment rate(*) |
Deeds concerned (if other, please specify in a comment) |
Signature remaining mandatory on a paper original |
Specific legal framework(*) |
|
Signature possible for all matters(*) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Conclusions exchanged between lawyers aimed at a court(*) Judicial administration deeds (summons issued by the court for example) Decisions of other jurisdictions Other |
Yes No |
Yes No |
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
||||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Conclusions exchanged between lawyers aimed at a court(*) Judicial administration deeds (summons issued by the court for example) Decisions of other jurisdictions Other |
Yes No |
Yes No |
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Conclusions exchanged between lawyers aimed at a court(*) Judicial administration deeds (summons issued by the court for example) Decisions of other jurisdictions Other |
Yes No |
Yes No |
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Conclusions exchanged between lawyers aimed at a court(*) Judicial administration deeds (summons issued by the court for example) Decisions of other jurisdictions Other |
Yes No |
Yes No |
Other (please specify in a comment to question 64) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Conclusions exchanged between lawyers aimed at a court(*) Judicial administration deeds (summons issued by the court for example) Decisions of other jurisdictions Other |
Yes No |
Yes No |
If “other”, please specify any useful comment regarding this section.
Yes No
If yes, please specify the following information:
Equipment rate(*) |
Type of litigation concerned |
Denomination(s) of the tool(s) |
|
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
||
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
||
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
||
Other (please, specify in a comment to question 62) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Yes No
If yes, please specify the following information and describe in comments of this section the cases of actual use of videoconferencing and the expected benefits (for example, the use of this device to reduce the number of detainees’ transfers to the court):
Equipment rate |
Proceeding phase |
Specific legislative framework |
|
Videoconferencing in all matters |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Prior to the submission of a case to the court or to the hearing During the hearing After the hearing |
Yes No |
If no, please fill in the questionnaire for the matters concerned: |
|||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Prior to the submission of a case to the court or to the hearing During the hearing After the hearing |
Yes No |
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Prior to the submission of a case to the court or to the hearing During the hearing After the hearing |
Yes No |
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Prior to the submission of a case to the court or to the hearing During the hearing After the hearing |
Yes No |
Other (please specify in a comment to question 64) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
Prior to the submission of a case to the court or to the hearing During the hearing After the hearing |
Yes No |
Yes No
If yes, please specify the following information:
Equipment rate |
Type of recording |
Specific legislative framework |
|
Recording in all matters |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
○Sound ○Video |
Yes No |
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
|||
Civil and/or commercial |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
○Sound ○Video |
Yes No |
Criminal |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
○Sound ○Video |
Yes No |
Administrative |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
○Sound ○Video |
Yes No |
Other (please specify in a comment to question 64) |
○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA |
○Sound ○Video |
Yes No |
Matter |
Admission of electronic evidences |
Legislative framework |
Civil and commercial |
Yes No |
General law only General and specialised law Specialised law only |
Criminal |
Yes No |
General law only General and specialised law Specialised law only |
Administrative |
Yes No |
General law only General and specialised law Specialised law only |
Yes
If yes, does it consist of:
administrative, technical and scientific staff only
mixed teams composed of judicial staff (judges/prosecutors/court clerks) and administrative/technical/scientific staff
Other (please specify in a comment)
No
Comments (please specify, in case of a negative answer, if there are other modernisation approaches that have been implemented):
○Management mainly provided by an IT department with the help of professionals in the field (judges, prosecutors, court clerks, etc.)
○Management mainly provided by professionals in the field (judges, prosecutors, court clerks, etc.) with the help of an internal IT department and/or an external service provider
○Other alternatives (external service provider only – specify in a comment)
○NA
Comments (including other alternatives)
Yes No
Comments (please, specify projects that have experienced national developments)
Yes No
Comments (please, specify for example if stock decreases, timeframe reductions, etc. have been observed in direct connection with one of the components of the information system)
Yes No
Comments (please specify in particular if national frameworks of information security exist):
Yes No
If yes, please specify among others:
- if there are authorities specifically responsible for protection of personal data
- the extent of the rights granted to citizens in the specific framework of software used by courts
- if there are controls or limitations by law regarding the sharing of databases managed by courts with other administrations (police, etc.)
National policies applied in courts and public prosecution services
66. Are quality standards determined for the judicial system (are there quality systems for the judiciary and/or judicial quality policies)?
Yes No
If yes, please specify:
67. Do you have specialised court staff that is entrusted with these quality standards?
Yes No
68. Is there a national system to evaluate the overall (smooth) functioning of courts on the basis of an evaluation plan agreed beforehand?
Yes No
68-1. (Nouvelle question) If yes, please specify the frequency of this evaluation:
○Annual
○Less frequent
○More frequent
If "less frequent" or "more frequent", please specify:
69. Is there a system for monitoring and evaluating the performance of the public prosecution service?
Yes No
If yes, please give further details:
Performance and evaluation of courts
Measuring courts’ activity
70. Do you have, within the courts, a regular monitoring system of court activities concerning:
Number of decisions delivered?
Length of proceedings (timeframes)?
age of cases?
If “other”, please specify:
71. Do you monitor backlogs and cases that are not processed within a reasonable timeframe for:
administrative law cases?
72. Do you have an evaluation process to monitor waiting time during court procedures?
Yes No
If yes, please specify:
73. Do you have a system to evaluate regularly the activity (in terms of performance and output) of each court?
Yes No
73-0. (New question) If yes, please specify the frequency:
○Annual
○Less frequent
○More frequent
If "less frequent" or "more frequent", please specify:
73-1. Is this evaluation of the court activity used for the later allocation of means to this court?
Yes No
Performance targets at court level
74. Are there performance targets defined at the level of the court?
Yes No
75. (Modified question) Please specify the main targets applied to the courts:
To increase efficiency / to shorten the length of proceedings
To improve quality
To improve cost efficiency / productivity
Other (please specify):
76. 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)
President of the court
Other
If “other”, please specify:
Performance and quality indicators at court level (mainly to assess the achievement of defined objectives)
77. Concerning court activities, have you defined performance and quality indicators (if no, please skip to question 79)
Yes No
78. If yes, please select the 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
number of appeals
If “other”, please specify:
Performance evaluation of courts activity
79. Who is responsible for evaluating the performance of the courts (multiple options possible) :
If “other”, please specify:
Information regarding courts activity
80. 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:
80-1. Does this institution publish statistics on the functioning of each court:
Yes, on internet
No, only internally (in an intranet website)
No
81. Are individual courts required to prepare an 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
If yes, please describe the content of the report and its audience (i.e. to whom the report is intended):
81-1. If yes, please specify in which form this report is released:
Internet
Intranet website
Paper distribution
81-2. (New question) If yes, please, indicate the periodicity at which the report is released:
○Annual
○Less frequent
○More frequent
Courts administration
82. (Modified question) Is there a process or structure of dialogue between the public prosecutor service and courts as regards the way cases are presented before courts (for example the organisation, number and planning of hearings, on-call service for urgent cases, selection of simplified procedures of prosecution…)?
Yes No
If yes, please specify:
82-1. (Modified question) Is there a process or structure of dialogue between lawyers and courts as regards the way cases are presented before courts in other than criminal matter (e.g. organisation, number and planning of hearings, on-call service for urgent cases)?
Yes No
If yes, please specify:
Performance and evaluation of judges
83. Are there quantitative performance targets (for instance a number of cases to be addressed in a month) defined for each judge?
Yes No
83-1. Who is responsible for setting the targets for each judge?
Executive power (for example the Ministry of Justice)
Legislative power
Judicial power (for example the High Judicial Council, Supreme Court)
President of the court
Other
If “other”, please specify:
***
C-4. Please indicate the sources:
84. Percentage of first instance criminal in absentia judgments (cases in which the suspect is not attending the hearing in person nor represented by a lawyer)?
_______/ NA / NAP
85. Is there a procedure to effectively challenge a judge if a party considers that the judge is not impartial?
Yes Number of successful challenges (in a year): _______ / NA
No
Please, could you briefly specify:
86. Is there in your country a monitoring system for the violations related to Article 6 of the European Convention on Human Rights?
For civil procedures (non-enforcement): Yes No NAP
For civil procedures (timeframe): Yes No NAP
For criminal procedures (timeframe): Yes No NAP
Please, specify what are the terms and conditions of this monitoring system (information related to violations at the State/courts level; implementation of internal systems to remedy the established violation; implementation of internal systems to prevent other violations (that are similar) and if possible to measure an evolution of the established violations:
***
D-1. Please, specify the sources and indicate any useful comments for interpreting the data mentioned in this chapter:
87. Are there specific procedures for urgent matters as regards:
civil cases?
criminal cases?
administrative cases?
There is no simplified procedure
If yes, please specify:
88. Are there simplified procedures for:
civil cases? (small disputes)
criminal cases? (misdemeanour cases)
administrative cases?
There is no simplified procedure
If yes, please specify:
88-1. (Modified question) For these simplified procedures, may judges deliver an oral judgement with a written order and dispense with a full reasoned judgement?
civil cases?
criminal cases?
administrative cases?
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:
[Question 90 non-existent]
4.2.2 Case flow management and timeframes of judicial proceedings
91. (Modified question) First instance courts: number of other than criminal law cases.
Type of cases |
Pending cases on 1 Jan. ref. year |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ref. year |
Pending cases older than 2 years from the date the case came to the first instance court |
|
Total of other than criminal law cases (1+2+3+4) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
1. Civil (and commercial) litigious cases (including litigious enforcement cases and if possible without administrative law cases, see category 3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
2. Non litigious cases (2.1+2.2+2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.1. General civil (and commercial) non-litigious cases, e.g. uncontested payment orders, request for a change of name, non-litigious enforcement cases etc. (if possible without administrative law cases, see category 3; without registry cases and other cases, see categories 2.2 and 2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2. Registry cases (2.2.1+2.2.2+2.2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.1. Non litigious land registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.2 Non-litigious business registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.3. Other registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.3. Other non-litigious cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
3. Administrative law cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
4. Other cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Note 1: the cases mentioned in categories 2.2.1. and 2.2.2. (land registry, business registry) should be presented separately in the table. The cases mentioned in category 3 (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 reference year + incoming cases) – resolved cases" should give the correct number of pending cases on 31 December reference year. If this horizontal consistency is not possible due to joined cases, please specify.
Vertical consistency of data means that the sum of the individual case categories 1 to 4 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. Please indicate the case categories included in the category "other cases":
94. (Modified question) First instance courts: number of criminal law cases.
Type of cases |
Pending cases on 1 Jan. ref. year |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ref. year |
Pending cases older than 2 years from the date the case came to the first instance court |
Total of criminal cases (1+2) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
1. Severe criminal cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
2. Misdemeanour and / or minor criminal cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
If you cannot make a distinction between misdemeanour criminal cases and severe criminal cases (according to the CEPEJ definitions), please indicate the categories of cases reported in the category "serious offences" and cases reported in the category "minor offences":
[Questions 95 and 96 deleted]
97. (Modified question) Second instance courts (appeal): Number of “other than criminal law” cases.
Type of cases |
Pending cases on 1 Jan. ref. year |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ref. year |
Pending cases older than 2 years from the date the case came to the second instance court |
|
Total of other than criminal law cases (1+2+3+4) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
1. Civil (and commercial) litigious cases (including litigious enforcement cases and if possible without administrative law cases, see category 3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
2. Non litigious cases (2.1+2.2+2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.1. General civil (and commercial) non-litigious cases, e.g. uncontested payment orders, request for a change of name, non-litigious enforcement cases etc. (if possible without administrative law cases, see category 3; without registry cases and other cases, see categories 2.2 and 2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2. Registry cases (2.2.1+2.2.2+2.2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.1. Non litigious land registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.2 Non-litigious business registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.3. Other registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.3. Other non-litigious cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
3. Administrative law cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
4. Other cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
98. (Modified question) Second instance courts (appeal): Number of criminal law cases.
Type of cases |
Pending cases on 1 Jan. ref. year |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ref. year |
Pending cases older than 2 years from the date the case came to the second instance court |
Total of criminal cases (1+2) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
1. Severe criminal cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
2. Misdemeanour and / or minor criminal cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Comments:
99. (Modified question) Highest instance courts (Supreme Court): Number of “other than criminal law” cases:
Pending cases on 1 Jan. ref. year |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ref. year |
Pending cases older than 2 years from the date the case came to the Supreme court |
||
Total of other than criminal law cases (1+2+3+4) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
1. Civil (and commercial) litigious cases (including litigious enforcement cases and if possible without administrative law cases, see category 3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
2. Non litigious cases (2.1+2.2+2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.1. General civil (and commercial) non-litigious cases, e.g. uncontested payment orders, request for a change of name, non-litigious enforcement cases etc. (if possible without administrative law cases, see category 3; without registry cases and other cases, see categories 2.2 and 2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2. Registry cases (2.2.1+2.2.2+2.2.3) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.1. Non litigious land registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.2 Non-litigious business registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.2.3. Other registry cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
2.3. Other non-litigious cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
||
3. Administrative law cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
|
4. Other cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
99-1. At the level of the Highest court (Supreme Court), is there a procedure of manifest inadmissibility?
Yes. If yes, please indicate the number of cases closed by this procedure? _____
No
100. (Modified question) Highest instance courts (Supreme Court): Number of criminal law cases.
Type of cases |
Pending cases on 1 Jan. ref. year |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec. ref. year |
Pending cases older than 2 years from the date the case came to the Supreme court |
Total of criminal cases (1+2) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
1. Severe criminal cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
2. Misdemeanour and / or minor criminal cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Comments:
101. (Modified question) Number of litigious divorce cases, employment dismissal cases, insolvency, robbery cases, intentional homicide cases, cases relating to asylum seekers and cases relating to the right of entry and stay for aliens received and processed by first instance courts.
Pending cases on 1 Jan. ref. year |
Incoming cases |
Resolved cases |
Pending cases on 31 Dec ref. year |
|
Litigious divorce cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Employment dismissal cases |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Insolvency |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Robbery case |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Intentional homicide |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Cases relating to asylum seekers (refugee status under the 1951 Geneva Convention) |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Cases relating to the right of entry and stay for aliens |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
101-1. (New question) Could you briefly describe the system in your country dealing with judicial remedies relating to:
102. Average length of proceedings, in days (from the date the application for judicial review is lodged). The average length of proceedings has to be calculated from the date the application for judicial review is lodged to the date the judgment is made, without taking into account the enforcement procedure.
% of decisions subject to appeal |
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) |
% of cases pending for more than 3 years for all instances |
|
Litigious divorce case |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Employment dismissal case |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Insolvency |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
Robbery case |
_____/ 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 indicate the specific procedure as regards divorce cases (litigious and non-litigious):
104. How is the length of proceedings calculated for the five case categories of question 102? Please give a description of the calculation method.
105. Role and powers of the public prosecutor in the criminal procedure (multiple options possible):
to conduct or supervise police investigation
to conduct investigations
when necessary, to request investigation measures from the judge
to charge
to present the case in the court
to propose a sentence to the judge
to appeal
to supervise the enforcement procedure
to discontinue a case without needing a decision by a judge (ensure consistency with question 36!)
to end the case by imposing or negotiating a penalty or measure without requiring a judicial decision
other significant powers
If “other significant powers”, please specify:
106. (Modified question) Does the public prosecutor also have a role in:
civil cases administrative cases |
insolvency cases |
If yes, please specify:
107. Number of cases processed by the public prosecutor
Total number of 1st instance criminal cases
Received during the reference year |
Discontinued during the reference year (see Q108 below) |
Concluded by a penalty or a measure imposed or negotiated by the public prosecutor |
Cases brought to court |
|
Total number of cases processed by the public prosecutor |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
_____/ NA / NAP |
107-1. (Modified question) If the guilty plea procedures exist, how many cases were brought to court by the prosecutor through this procedure?
Total number of guilty plea procedures |
_____/ NA / NAP |
Before the court case |
_____/ NA / NAP |
During the court case |
_____/ 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. Please indicate the sources for answering questions 91, 94, 97, 98, 99, 100, 101, 102, 107, 107-1 and 108.
110. (Modified question) How are judges recruited?
mainly through a competitive exam (open competition)
mainly through a recruitment procedure for experienced legal professionals (for example experienced lawyers)
a combination of both (competitive exam and working experience)
other
If “other”, please specify:
110-1. Are there specific provisions for facilitating gender equality within the framework of the procedures for recruiting judges?
Yes No
If “yes”, please specify:
111. Authority(ies) responsible for recruitment:
Are judges initially/at the beginning of their career recruited and nominated by:
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 (Q 111) competent for the promotion of judges?
Yes No
112-1. Are there specific provisions for facilitating gender equality within the framework of the procedures for promoting judges?
Yes No
If “yes”, please specify:
113. What is the procedure for judges to be promoted? (multiple answers possible)
Competitive test / Exam
Other procedure (interview or other)
No special procedure
Please specify how the promotion of judges is organised (especially if there is no competition or examination):
113-1. Please indicate the criteria used for the promotion of a judge? (multiple answers possible)
Years of experience
Professional skills (and/or qualitative performance)
Performance (quantitative)
Assessment results
Subjective criteria (e.g. integrity, reputation)
Other
No criteria
Please specify any useful comment regarding the criteria (especially if you have checked the box “performance” or “other”):
114. (Modified question) Is there a system of qualitative individual assessment of the judges’ work?
Yes No
If yes, please specify the frequency of this assessment:
○Annual
○Less frequent
○More frequent
115. What is the status of prosecution services?
statutory independent
under the authority of the Minister of justice or another central authority
other
When appropriate, please specify the objective guarantees of this independence (transfer, appointment...). Moreover, if "other", please specify
115-1. Does the law or another regulation prevent specific instructions to prosecute or not, addressed to a prosecutor in a court.
Yes No
If yes, please specify:
116. How are public prosecutors recruited?
mainly through a competitive exam (open competition)
mainly through a recruitment procedure for experienced legal professionals (for example experienced lawyers)
a combination of both (competitive exam and working experience)
other
If “other”, please specify:
117. Authority(ies) responsible for recruitment.
Are public prosecutors initially/at the beginning of their career recruited by:
This question concerns the authority entrusted with the responsibility to recruit only (not the authority formally responsible for the nomination if different from the former).
an authority composed of public prosecutors only
an authority composed of non-public prosecutors only
an authority composed of public prosecutors and non-public prosecutors
Please indicate the name of the authority(ies) involved in the whole procedure of recruitment and nomination of public prosecutors. If there are several authorities, please describe their respective roles:
117-1. Are there specific provisions for facilitating gender equality within the framework of the procedures for recruiting prosecutors?
Yes No
If “yes”, please specify:
118. Is the same authority (Q.117) formally responsible for the promotion of public prosecutors?
Yes No
If no, please specify which authority is competent for promoting public prosecutors:
119. What is the procedure for prosecutors to be promoted? (multiple answers possible)
Competitive test / exam
Other procedure (interview or other)
No special procedure
Please, specify the procedure (especially if it is a procedure different from a competitive test or an exam):
119-1. Are there specific provisions for facilitating gender equality within the framework of the procedures for promoting prosecutors?
Yes No
If “yes”, please specify:
119-2. Please indicate the criteria used for the promotion of a prosecutor:
Years of experience
Professional skills (and/or qualitative performance)
Performance (quantitative)
Assessment results
Subjective criteria (e.g. integrity, reputation)
Other
No criteria
Please, specify any useful comment regarding the criteria (especially if you have checked the box “performance” or “other”):
120. Isthere a system of qualitative individual assessment of the public prosecutors’ work?
Yes No
121. Are judges appointed to office for an undetermined period (i.e. "for life" = until the official age of retirement)?
Yes. If yes, please indicate the compulsory retirement age: ______
No
If yes, are there exceptions (e.g. dismissal as a disciplinary sanction)? Please specify:
121-1. Can a judge be transferred (to another court) without his/her consent:
For disciplinary reasons
For organisational reasons
For other reasons
No
If "other reasons", please specify modalities and safeguards:
122. Is there a probation period for judges (e.g. before being appointed "for life")? If yes, how long is this period?
Yes Duration of the probation period (in years): ______
No
123. Are public prosecutors appointed to office for an undetermined period (i.e. "for life" = until the official age of retirement)?
Yes. If yes, please indicate the compulsory retirement age: ______
No
If yes, are there exceptions (e.g. dismissal as a disciplinary sanction)? Please specify:
124. Is there a probation period for public prosecutors? If yes, how long is this period?
Yes Duration of the probation period (in years): ______
No
125. If the mandate for judges is not for an undetermined period (see question 121), what is the length of the mandate (in years)? Is it renewable?
Length of the mandate for judges (in years): ____ / NA / NAP 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?
Length of the mandate for public prosecutors (in years): ____ / NA / NAP Renewable? Yes No
***
E1. Please indicate the sources
127. Training of judges:
Type of training |
Compulsory |
Optional |
No training proposed |
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:
Type of training |
Regularly (for example every year) |
Occasional (as needed) |
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 |
Please indicate any information on the periodicity of the continuous training of judges:
129. Training of public prosecutors:
Type of training |
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:
Type of training |
Regularly (for example every year) |
Occasional (as needed) |
No training proposed |
General in-service training |
|||
In-service training for specialised functions (e.g. public prosecutor specialised on organised crime) |
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In-service training for management functions of the court (e.g. Head of prosecution office, manager) |
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In-service training for the use of computer facilities in office |
Please indicate any information on the periodicity of the in-service training of prosecutors:
131. Do you have public training institutions for judges and / or prosecutors?
Type of institution |
Initial training only |
Continuous training only |
Initial and continuous training |
One institution for judges |
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One institution for prosecutors |
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One single institution for both judges and prosecutors |
131-0. (Modified question) If yes, what is the budget of such institution(s)?
Type of institution |
Budget of the institution for the reference year, in € |
One institution for judges |
_____/ NA / NAP |
One institution for prosecutors |
_____/ NA / NAP |
One single institution for both judges and prosecutors |
_____/ NA / NAP |
131-1. If judges and/or prosecutors have no compulsory initial training in such institutions, please indicate briefly how these judges and/or prosecutors are trained?
E.2 Please indicate the sources for answering the questions in this chapter.
5.3 Practice of the profession
132. Salaries of judges and public prosecutors on 31 December of the reference year:
Category of judges and prosecutors |
Gross annual salary, in € |
Net annual salary, in € |
Gross annual salary, in local currency |
Net annual salary, in local currency |
First instance professional judge at the beginning of his/her career |
_____/ NA |
_____/ NA |
_____/ NA / NAP |
_____/ NA / NAP |
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) |
_____/ NA |
_____/ NA |
_____/ NA / NAP |
_____/ NA / NAP |
Public prosecutor at the beginning of his/her career |
_____/ NA |
_____/ NA |
_____/ NA / NAP |
_____/ NA / NAP |
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 Attorney General). |
_____/ NA |
_____/ NA |
_____/ NA / NAP |
_____/ NA / NAP |
Comments:
Sources:
133. Do judges and public prosecutors have additional benefits?
Judges |
Public prosecutors |
|
|
|
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Special pension |
|
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Housing |
|
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Other financial benefit |
|
|
134. If “other financial benefit”, please specify:
135. Can judges combine their work with any of the following other functions/activities?
Functions/activities |
With remuneration |
Without remuneration |
Teaching |
|
|
Research and publication |
|
|
Arbitrator |
|
|
Consultant |
|
|
Cultural function |
|
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Political function |
|
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Other function |
|
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If rules exist in your country (e.g. authorisation needed to perform these activities), please specify. If "other function", please specify:
[Question 136 non-existent]
137. Can public prosecutors combine their work with any of the following other functions/activities?
Functions/activities |
With remuneration |
Without remuneration |
Teaching |
|
|
Research and publication |
|
|
Arbitrator |
|
|
Consultant |
|
|
Cultural function |
|