Strasbourg, 8 December 2003

Strasbourg, 1 March 2021

CEPEJ(2020)16rev

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE

(CEPEJ)

SCHEME FOR EVALUATING JUDICIAL SYSTEMS

2020-2022 CYCLE

SCHEME FOR EVALUATING JUDICIAL SYSTEMS

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:

2020

2021

1. General and financial information

1.1. Demographic and economic data

1.1.1 Inhabitants and economic information

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 the questions in this part:

1.1.2. Budgetary data concerning judicial system

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 budget of public prosecution services and/or the one allocated to legal aid, please go to question 7. If you are able to answer this question 6, please answer NA to question 7.

	Approved budget (in €)	Implemented budget (in €)
TOTAL - Annual public 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 (2.1 + 2.2)	_______/ NA / NAP	_______/ NA / NAP
2.1 Investments in computerisation	_______/ NA / NAP	_______/ NA / NAP
2. 2 Maintenance of the IT equipment of courts	_______/ NA / NAP	_______/ NA / NAP
3. Annual public budget allocated to justice expenses (expertise, interpretation, etc.).	_______/ 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

Comments - 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 reasons for the differences:

7. If you cannot answer question 6 because you cannot isolate the public budget allocated to courts from the budget allocated to public prosecution services and/or the one allocated to legal aid, please fill in 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

Comments - Please indicate any useful comment to explain the figures provided. If the annual public budget actually implemented is different from the approved annual public budget, please indicate the main reasons for the differences:

8. Are litigants in general required to pay a court fee to initiate a proceeding at a court of general jurisdiction:

for criminal cases

Yes, at the beginning of the procedure

Yes, at a later stage

for other than criminal cases

Yes, at the beginning of the procedure

Yes, at a later stage

Comments - If there are exceptions to the obligation to pay these court fees, could you please provide comments on those exceptions?

8-1. Please briefly present the methodology of calculation of these court fees:

8-2. The amount of court fees requested to commence an action for 3000€ debt recovery: ____________

9. Annual income of court fees received by the State (in €): _________ / NA / NAP

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 (court fees and/or legal representation)	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
12.2 for cases not brought to court (legal advice, ADR and other legal services)	_____/ 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 (court fees and/or legal representation)	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
12-1.2 for cases not brought to court (legal advice, ADR and other legal services)	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

Comments - 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 reasons for the differences:

12-2. Does legal aid include:

Legal aid includes

coverage of court fees

Yes

NAP

exemption from court fees

Yes

NAP

12-3. Do legal aid budgets indicated in Q12 and Q12-1 include:

Amount calculated/estimated included

coverage of court fees

Yes

NAP

exemption from court fees

Yes

NAP

13. 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 € (including 13.1)	_______ / NA / NAP	______ / NA / NAP
13.1. Annual public budget allocated to training of public prosecution services	_______ / NA / NAP	______ / NA / NAP

Comments - 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, please indicate the main reasons for the 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

Comments - If “Other Ministry” and/or “Inspection body” and/or “Other”, please specify:

14-0. What are the criteria used to allocate financial resources among courts? Furthermore, please select maximum three main criteria of allocation.

	Criteria used	Main criteria
Previous years’ budget costs
Special needs assessment
Number of judges/non-judge staff
Number of incoming cases
Number of pending cases
Number of resolved cases
Other

Comments - If “Other”, please specify:

14-1. Who is entrusted with responsibilities related to the budget within a first instance 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

Court President and/or judge(s)

Yes

NAP

Yes

NAP

Yes

NAP

Yes

NAP

Head of court administration and/or non-judges

Yes

NAP

Yes

NAP

Yes

NAP

Yes

NAP

Mixed body (judge(s) and non-judge(s))

Yes

NAP

Yes

NAP

Yes

NAP

Yes

NAP

Other

Yes

NAP

Yes

NAP

Yes

NAP

Yes

NAP

Comments - If “other”, please specify. If the responsibilities are different depending on the type/instance of courts, please answer the question for the first instance court of general jurisdiction and describe the differences in the comment box:

***

A-2. Please indicate the sources for answering the questions in this part:

1.1.3. Budgetary data concerning the whole justice system

15-1. Annual (approved and implemented) public budget allocated to the whole justice system, in € (this global budget includes the judicial system budget - see 15-2 and other elements of the justice system - see 15-3).

	Approved budget (in €)	Implemented budget (in €)
Total annual public budget allocated to the whole justice system in €	_______ / NA	_______ / NA /

Comments - 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, please indicate the main reasons for the differences:

15-2. Elements of the judicial system budget (Q6, Q7, Q12 and Q13)

	Included
Courts (see question 6 or 7)	Yes No NAP
Legal aid (see question 12 or 7)	Yes No NAP
Public prosecution services (see question 13 or 7)	Yes No NAP

15-3. Other budgetary elements

	Included
Prison system	Yes No NAP
Probation services	Yes No NAP
High Judicial Council	Yes No NAP
High Prosecutorial Council	Yes No NAP
Constitutional court	Yes No NAP
Judicial management body	Yes No NAP
State advocacy	Yes No NAP
Enforcement services	Yes No NAP
Notariat	Yes No NAP
Forensic services	Yes No NAP
Judicial protection of juveniles	Yes No NAP
Functioning of the Ministry of Justice	Yes No NAP
Refugees and asylum seekers services	Yes No NAP
Immigration Service	Yes No NAP
Some police services (e.g.: transfer, investigation, prisoners’ security)	Yes No NAP
Other	Yes No NAP

Comments - If “other”, please specify:

A-3. Please indicate the sources for answering the questions in this part:

1.2. Organisation and management of courts and public prosecution services

15-4. Please describe who has responsibilities for the management of individual courts, what management roles they have, what is their status and their position in the organisational hierarchy of the court concerned.

15-5. Please describe who has responsibilities for the management of individual public prosecution offices, what management roles they have, what is their status and their position in the organisational hierarchy of the office concerned.

2. Access to Justice and to all courts

2.1 Legal aid

2.1.1. Scope of legal aid

16. Does legal aid apply to:

	Criminal cases	Other than criminal cases
Representation in court	Yes No NA NAP	Yes No NA NAP
Legal advice, ADR and other legal services	Yes No NA NAP	Yes No NA NAP

16-1. Please briefly describe the organisation of the legal aid system in your country both before going to court and during court proceedings.

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 NAP

Comments - 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

Comments - If yes, please specify:

2.1.2 Information on legal aid

20. Please indicate the number of cases for which legal aid has been granted:

	Total	Cases brought to court	Cases not brought to court
Total	________/ NA / NAP	________/ NA / NAP	________/ NA / NAP
In criminal cases	________/ NA / NAP	________/ NA / NAP	________/ NA / NAP
In other than criminal cases	________/ NA / NAP	________/ NA / NAP	________/ NA / NAP

Comments - Please specify when appropriate:

20-1. Please indicate the timeframes of the procedure for granting legal aid, in relation to the duration from the initial legal aid request to the final approval of the legal aid request:

	Time in days
Maximum duration prescribed in law/regulation	________/ NA / NAP
Actual average duration	________/ NA / NAP

Comments - Please specify if the envisaged timeframe is set in a statutory law, or in other regulation. Furthermore, if different timeframes are envisaged for criminal and other than criminal cases please provide more information:

21. In criminal cases, can individuals who do not have sufficient financial means be assisted by a free of charge (or financed by a public budget) lawyer?

Accused individuals Yes No

Victims Yes No

Comments - If yes, please specify:

22. In criminal cases are these individuals free to choose their lawyer within the framework of the legal aid system?

Accused individuals Yes No

Victims Yes No

23-0. Does your country have an income and assets evaluation for granting full or partial legal aid?

Yes No

23. If yes, please specify in the table:

For full legal aid to the applicant:

	Annual income value (for one person), (in €)	Assets value (for one person), (in €)
for criminal cases	_____ / NA / NAP	_____ / NA / NAP
for other than criminal cases	_____ / NA / NAP	_____ / NA / NAP

For partial legal aid to the applicant:

	Annual income value (for one person), (in €)	Assets value (for one person), (in €)
for criminal cases	_____ / NA / NAP	_____ / NA / NAP
for other than criminal cases	_____ / NA / NAP	_____ / NA / NAP

Comments - Please indicate if any other eligibility criteria are taken into account for granting the legal aid and any comment that could explain the data provided above:

24. 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

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

25. Is the decision to grant or refuse legal aid taken by:

○ the judge(s) dealing with the main case

○ another judge or official

○ an authority external to the court

○ several authorities (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

Comments - 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 distributed?

Yes, in criminal cases

Yes, in other than criminal cases

Comments - If no, please specify how legal costs are distributed:

***

B1. Please indicate the sources for answering the questions in this part:

2.2 Court users and victims

2.2.1 Rights of the users and victims

28. Are there official internet sites/portals (e.g. Ministry of Justice, Judicial Council etc.) where 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		________________________
Information about the judicial system (organisation of courts, court proceedings, etc)		________________________
Other documents (e.g. forms, downloadable forms, online registration forms)		________________________

Comments - Please specify what documents and information are included in “other documents”:

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

Yes, always

Yes, only in some specific situations

Comments - If “Yes, only in some specific situations”, please specify:

30. Is there a public and free-of-charge information system for providing information and facilitating access to justice:

	Information system
General for citizens	Online information Telephone Interactive chat In-person (physical access on site) Other No
Specific for victims of offences	Online information Telephone Interactive chat In-person (physical access on site) Other No
Specific for minors (child-friendly systems)	Online information Telephone Interactive chat In-person (physical access on site) Other No

Comments - Please provide more information on these systems. Furthermore, please specify how this assistance is provided:

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
Persons with disabilities
Juvenile offenders
Other (e.g. victims of human trafficking, forced marriage, sexual mutilation)

Comments - If “Other vulnerable person” and/or “Other special arrangements”, please specify:

31-0. If there are special arrangements for minors, what are the settings / tools / facilities / practises employed to protect them when they participate in judicial proceedings?

Special and child-adequate preparation for participation in trials / lawsuits (explaining in a child-friendly manner the proceedings)

Special room in court designated for child-friendly hearings

Special person / team of trained professional(s) (such as psychologists) to accompany a minor throughout the proceedings

Special ways to communicate and explain meaning of court decisions

Interagency/multidisciplinary structure such as “Children's Houses”

Other, please specify __________________

31-1. What are the main criteria for a minor to initiate a proceeding, take procedural actions in his/her own name or to be a witness?

Civil proceedings

Criminal proceedings

Capacity to initiate a proceeding and take other procedural actions in his/her own name

Age threshold _____

Exceptions from the threshold

Capacity for discernment

Other

NAP

Age threshold _____

Exceptions from the threshold

Capacity for discernment

Other

NAP

To be a witness

Age threshold _____

Exceptions from the threshold

Capacity for discernment

Other

NAP

Age threshold _____

Exceptions from the threshold

Capacity for discernment

Other

NAP

Comments - Please specify if you selected answers “Exception from the threshold” and “Other”. If your system distinguishes between full and limited capacity to take legal actions, please describe the basis for this differentiation (age, capacity for discernment, type of action, type of cases, other):

31-2. If a minor cannot conduct proceedings in his/her own name, who can represent him/her in judicial proceedings?

Civil proceedings

Criminal proceedings

Parent/legal guardian

Yes, always

Yes, except in some specific situations

NAP

Yes always

Yes, except in some specific situations

NAP

Other representative (instead of parent/legal guardian)

Social care services or other public institution

Legal professional

Associations for protection of minors

Other

NAP

Social care services or other public institution

Legal professional

Associations for protection of minors

Other

NAP

31-3. What are the different criteria for the criminal liability of minors (multiple replies possible)?

Age threshold(s)

Capacity for discernment

Other criteria

31-3-1. Is there an age threshold for the criminal liability of minors?

- resulting in sentence without privation of liberty (for example, educational measures) ____/NA/NAP

- resulting in sentence of privation of liberty ____/NA/NAP

Comments - Please describe, briefly, the specifics of your system. Could you, please specify if the possibility of mitigation applies to the sanctions and how:

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

Yes, but only if offender is unknown

Yes, but only if compensation could not be obtained from offender

Yes, always

32-0. If yes, for what types of offences the compensation is allocated?

For all types of offences

For some types of offences

NAP

Comments - Please specify:

32-1. Is a court decision necessary in the framework of the compensation procedure?

Yes No

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

Yes No

Comments - 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 victims (protection and assistance)?

Yes No

Comments - If yes, please specify:

35-1. Do public prosecutors have a specific role with respect to minor victims (protection and assistance)?

Yes No

Comments - If yes, please specify:

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

Please verify the consistency of your answers in this question and question 105 regarding the possibility for a public prosecutor "to discontinue a case without needing a decision by a judge".

Yes

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

Comments - If necessary, please specify:

37. 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

Comments - Where appropriate, please give details of the compensation procedure and the calculation method for the amount of the compensation (e.g. the amount per day for unjustified detentions or convictions):

2.2.2 Confidence and satisfaction of citizens with their justice system

38. Does your country implement surveys to measure trust in justice and satisfaction with the services delivered by the judicial system?

National level

Court level

Surveys for judges

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for court staff

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for public prosecutors

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for lawyers

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for other professionals

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for the parties

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for other court users (e.g. jurors, witnesses, experts, interpreters, representatives of governmental agencies, NGOs)

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for victims

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for minors

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Surveys for the general public

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Other not mentioned

Annual

Other regular

Ad hoc

Annual

Other regular

Ad hoc

Comments - Please, indicate the references and links to the satisfaction surveys you mentioned above:

39. Are there statistical data concerning male and female court users, persons who initiate a case, victims, accused persons, etc.

Yes, please specify:

Comments - If you have additional comments please specify:

40. Is there a national or local procedure for filing complaints about the functioning of the judicial system? (for example, handling of the 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	Existence of a time limit to deal with the complaint for this authority
Court concerned
Higher court
Ministry of Justice
High Judicial Council
Other external bodies (e.g. Ombudsman)

41-1. If yes, please specify certain aspects of this procedure:

	Number of complaints	Compensation amount granted in euros
Court concerned	_____ / NA / NAP	_____ / NA / NAP
Higher court	_____ / NA / NAP	_____ / NA / NAP
Ministry of Justice	_____ / NA / NAP	_____ / NA / NAP
High Judicial Council	_____ / NA / NAP	_____ / NA / NAP
Other external bodies (e.g. Ombudsman)	_____ / NA / NAP	_____ / NA / NAP

Comments - If possible, please give information concerning the efficiency of this complaint procedure and any useful comment:

3. Organisation of the court system

3.1 Courts

3.1.1 Number of courts

42. Number of courts - legal entities.

Total number of all courts - legal entities (1. + 2.)	_____ / NA / NAP
1. Total number of courts of general jurisdiction - legal entities (1.1 + 1.2 + 1.3)	_____ / NA / NAP
1.1 First instance courts of general jurisdiction - legal entities	_____ / NA / NAP
1.2 Second instance courts of general jurisdiction - legal entities	_____ / NA / NAP
1.3 Highest instance courts of general jurisdiction - legal entities	_____ / NA / NAP
2. Total number of specialised courts - legal entities	_____ / NA / NAP

43. Number of specialised courts – legal entities.

	First instance	Higher instances
Total number of specialised courts - legal entities	_____ / NA / NAP	_____ / NA / NAP
Commercial courts (excluded insolvency courts)	_____ / NA / NAP	_____ / NA / NAP
Insolvency courts	_____ / NA / NAP	_____ / NA / NAP
Labour courts	_____ / NA / NAP	_____ / NA / NAP
Family courts	_____ / NA / NAP	_____ / NA / NAP
Rent and tenancies courts	_____ / NA / NAP	_____ / NA / NAP
Enforcement of criminal sanctions courts	_____ / NA / NAP	_____ / NA / NAP
Fight against terrorism, organised crime and corruption	_____ / NA / NAP	_____ / NA / NAP
Internet related disputes	_____ / NA / NAP	_____ / NA / NAP
Administrative courts	_____ / NA / NAP	_____ / NA / NAP
Insurance and / or social welfare courts	_____ / NA / NAP	_____ / NA / NAP
Military courts	_____ / NA / NAP	_____ / NA / NAP
Juvenile courts	_____ / NA / NAP	_____ / NA / NAP
Other specialised courts	_____ / NA / NAP	_____ / NA / NAP

Comments - If “Other specialised courts”, please specify:

44. Number of courts - geographic locations.

First instance courts geographic locations (this includes 1^st instance courts of general jurisdiction and first instance specialised courts)	_____ / NA / NAP
All the courts geographic locations (this includes 1^st instance courts of general jurisdiction, first instance specialised courts, all second instance courts and courts of appeal and all Supreme Courts)	_____ / NA / NAP

45. Number of first instance courts - geographic locations, competent for a case concerning:

A small claim	_____ / NA / NAP
An employment dismissal	_____ / NA / NAP
A robbery	_____ / NA / NAP
An insolvency case	_____ / NA / NAP

45-1. Is your definition of a small claim the same as the one in the Explanatory note?

Yes No

Comments - If not, please give your definition of a small claim:

45-2. Please indicate the value in € of a small claim: _________

***

C. Please indicate the sources for answering the questions in this part:

3.2 Court staff

3.2.1 Judges and non-judge staff

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 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

Comments - Please provide any useful comment for interpreting the data above:

46-1-1. Does your system allow part-time work for judges with proportionally reduced remuneration?

Yes

46-1-2. If yes, please specify in which situation part-time work can be granted (multiple replies possible).

Child-care

Elderly care

For the purposes of early retirement

Other reason, please specify:

Without reason

46-1-3. If yes, what is the percentage of judges working part-time (in relation to the total number of judges)?

	Total (%)	Male (%)	Females (%)
Total (1 + 2 + 3) (%)	___/ NA / NAP	___/ NA / NAP	___/ NA / NAP
1. At first instance level (%)	___/ NA / NAP	___/ NA / NAP	___/ NA / NAP
2. At second instance (court of appeal) level (%)	___/ NA / NAP	___/ NA / NAP	___/ NA / NAP
3. At Supreme Court level (%)	___/ NA / NAP	___/ NA / NAP	___/ NA / NAP

46-1-4. What is the percentage of work time of a judge working part-time compared to a full-time equivalent judge?

Less than 50%

50 – 60%

60 - 80%

More than 80%

NAP

46-2. Number of judges (FTE) by case type.

	Total	Civil and/or commercial	Criminal	Administrative	Other
Total number of judges	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP
First instance	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP
Second instance	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP
Supreme court	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP	_____ / NA / NAP

Comments - If “Other”, please explain which types of cases:

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

Comments - If necessary, please provide comments to explain the answer provided:

48-1. Do these professional judges sitting in courts on an occasional basis deal with a significant part of cases?

Yes If yes, please give specifications on the types of cases and an estimate in percentage. _____

NAP

49. Number of non-professional judges who are not remunerated but who may 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 on a jury):

Gross figure	_____ / NA / NAP
In full-time equivalent	_____ / NA / NAP

49-1. If such non-professional judges exist at first instance in your country, please specify for which types of cases:

	Yes	No	Echevinage / mixed bench
Criminal cases (severe)	○	○	○
Criminal cases (misdemeanour and/or minor)	○	○	○
Family law cases	○	○	○
Labour law cases	○	○	○
Social law cases
Commercial law cases	○	○	○
Insolvency cases	○	○	○
Other civil cases	○	○	○

NAP

Comments - If “other civil cases”, please specify:

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

Yes No

50-1. If yes, for which type(s) of case(s)?

Criminal cases

Other than criminal 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 (if possible 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 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 (judicial) staff whose task is to assist the judges* such as registrars** (case file preparation, assistance during the hearing, 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

Comments - If “Other non-judge staff”, please specify:

52-1. Number of non-judge staff by instance (if possible, 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 posts actually filled).

	Total	Male	Females
Total non-judge staff working in courts (1+2+3)	___/ NA / NAP	___/ NA / NAP	___/ NA / NAP
1. Total non-judge staff working in courts at first instance level	___/ NA / NAP	___/ NA / NAP	___/ NA / NAP
2. Total non-judge staff working in courts at second instance (court of appeal) level	___/ NA / NAP	___/ NA / NAP	___/ NA / NAP
3. Total non-judge staff working in courts at Supreme Court level	___/ NA / NAP	___/ NA / NAP	___/ NA / NAP

53. If there are Rechtspfleger (or similar bodies) with judicial or quasi-judicial tasks having autonomous competence and whose decisions could be subject to appealin your judicial system, please specify in which fields 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

Non-litigious cases

Other cases not mentioned (please describe in comment)

NAP

Comments - Please briefly describe their status and duties:

54. Have the courts outsourced certain services under their responsibilities to external providers?

Yes No

54-1. If yes, please specify which services have been outsourced:

IT services

Training of staff

Security

3.5.1 General policies in Information Technology in judicial systems

62-1. Basic principles and models used in Information technology policies and strategies definition

Organisation

IT policies and strategies

Defined and coordinated at national level by one institution

Defined and coordinated at national level by several institutions

Defined and coordinated at unit/stakeholder level

Other

IT Governance

Governed at national level by one institution

Governed at national level by several institutions

Organised at unit/stakeholder level

Other

65-1. In case there is a national structure in charge of the strategic policy making and governance of the judicial system modernisation (including also IT) what is the composition of this structure?

administrative, technical and scientific staff only

mixed teams of judicial staff (judges/prosecutors/etc) and administrative/technical/scientific staff

Other (please specify in a comment)

Comments - (please specify if there are other modernisation approaches that have been implemented):

65-2. Which is the organisational model primarily chosen for conducting structural IT projects in courts and the management of applications (maintenance, evolution)?

	Implementing new projects	Management of applications
mainly by an IT department with the help of professionals in the field (judges, prosecutors, non-judge judicial staff, etc.)	Yes No	Yes No
mainly by professionals in the field (judges, prosecutors, non-judge judicial staff, etc.) with the help of an internal IT department and/or an external service provider	Yes No	Yes No
Other alternatives (external service provider only – specify in a comment)	Yes No	Yes No

Comments - Please also describe in case of “other alternatives”:

65-4. Have you measured the impact resulting from the implementation of one or several components of your new information system?

Yes No

65-4-1. If yes, have you measured the impact on: (multiple answers possible)

Business processes

Workload

Human resources

Costs

Other, please specify --------

Comments - Please, specify examples of the impact:

3.5.2 Security of courts information system and personal data protection

65-5. Are there independent audits or other mechanisms to contribute to the global security policy regarding the information system of the judiciary?

Yes No

Comments - Please specify in particular if national frameworks of information security exist:

65-6. Is the protection of personal data managed by courts ensured at legislative level?

Yes No

Comments - 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.)

3.5.3 Centralised databases for decision support

62-4. Is there a centralised national database of court decisions (case-law, etc.)?

Yes No

62-4-1. If yes, please specify the following information:

For 1^st instance decisions

For 2^nd instance decisions

For 3^rd instance decisions

Link with ECHR case law

Data anonymised

Case-law database available free online

Case-law database available in open data

Civil and/or commercial

○ Yes all judgments

○ Yes some judgments

○No

○ Yes all judgments

○ Yes some judgments

○No

○ Yes all judgments

○ Yes some judgments

○No

Yes No

Criminal

○ Yes all judgments

○ Yes some judgments

○No

○ Yes all judgments

○ Yes some judgments ○No

○ Yes all judgments

○ Yes some judgments

○No

Yes No

Administrative

○ Yes all judgments

○ Yes some judgments

○No

○ Yes all judgments

○ Yes some judgments ○No

○ Yes all judgments

○ Yes some judgments

○No

Yes No

Comments - If it exists in other matters please specify:

62-6. Is there a computerised national record centralising all criminal convictions?

Yes No

62-6-1. If yes, please specify the following information:

Linkage with other European records of the same nature

Content directly available through computerised means for judges and/or prosecutors

Content directly available for purposes other than criminal (civil and administrative matters)

Comments - Please specify who is the authority delivering the access:

3.5.4 Writing assistance tools

62-7. Are there writing assistance tools for which the content is coordinated at national level? (models or templates, paragraphs already pre-written, etc.)

Yes No

62-7-1. If yes, please specify the following information:

	*Availability rate*
Civil and/or commercial	○100% all templates are available for all courts of this matter ○50-99% most of the templates are available for all courts or all templates for most of the courts ○10-49 % some of the templates are available for most of the courts or most of the templates for some of the courts ○1-9% just starting to become available or in testing phase ○ 0% (NAP) does not exist at all for this matter ○NA (information is not available)
Criminal	○100% all templates are available for all courts of this matter ○50-99% most of the templates are available for all courts or all templates for most of the courts ○10-49 % some of the templates are available for most of the courts or most of the templates for some of the courts ○1-9% just starting to become available or in testing phase ○ 0% (NAP) does not exist at all for this matter ○NA (information is not available)
Administrative	○100% all templates are available for all courts of this matter ○50-99% most of the templates are available for all courts or all templates for most of the courts ○10-49% some of the templates are available for most of the courts or most of the templates for some of the courts ○1-9% just starting to become available or in testing phase ○ 0% (NAP) does not exist at all for this matter ○NA(information is not available)

Comments – If it exists in other matters please specify:

62-8. Are there voice recording tools?

Yes No

62-8-1. If yes, please specify:

Availability of simple dictation tools

Availability of multiple speakers recording tools

Voice recognition feature

Civil and/or commercial

○ available in all courts

○ available in most of them

○ available in some courts or only some pilot phases

○ not available for this matter

○ available in all courts

○ available in most of the courts

○ available in some courts or some pilot phases

○ not available for this matter

○Yes

○Pilot testing

○No

Criminal

○ available in all courts

○ available in most of them

○ available in some courts or only some pilot phases

○ not available for this matter

○ available in all courts

○ available in most of the courts

○ available in some courts or some pilot phases

○ not available for this matter

○Yes

○Pilot testing

○No

Administrative

○ available in all courts

○ available in most of them

○ available in some courts or only some pilot phases

○ not available for this matter

○ available in all courts

○ available in most of the courts

○ available in some courts or some pilot phases

○ not available for this matter

○Yes

○Pilot testing

○No

62-9. Is there an intranet site within the judicial system for distribution of news/novelties?

Availability rate:

○100% - accessible to everyone in judiciary

○50-99% - accessible for most judges/prosecutors in all instances

○10-49% - in some courts only

○1-9% - in one court only

○0% - No access

○NA

Comments - questions 62.1 to 62.9

3.5.5 Technologies used for administration of the courts and case management

Use of information technologies for improving the efficiency of the judicial system functioning

63-1. Is there a case management system (CMS) ? (Software used for registering judicial proceedings and their management)

Yes No

63-1-1. If yes, please specify the following information:

CMS deployment rate

Status of case online

Centralised or interoperable database

Early warning signals (for active case management)

Status of integration/connection of a CMS with a statistical tool

Civil and/or commercial

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

Accessible to parties

Publication of decision online

Both

Not accessible at all

Yes No

Fully integrated including BI

Integrated

Not integrated but connected

Not connected at all

Criminal

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

Accessible to parties

Publication of decision online

Both

Not accessible at all

Yes No

Fully integrated including BI

Integrated

Not integrated but connected

Not connected at all

Administrative

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

Accessible to parties

Publication of decision online

Both

Not accessible at all

Yes No

Fully integrated including BI

Integrated

Not integrated but connected

Not connected at all

Comments – If it exists in other matters please specify:

63-2. Computerised registries managed by courts

Deployment rate

Data consolidated at national level

Service available online

Statistical module integrated or connected

Land registry

○100%

○50-99%

○10-49%

○1-9%

○ 0% (NAP)

○NA

Yes No

Business registry

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

Yes No

Comments – If it exists in other registries, please specify:

Budgetary and financial monitoring

63-6. Budgetary and financial management systems of courts

	*Tool deployment rate*	Data consolidated at national level	*System communicating with other ministries* (financial among others)
*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	○100% ○50-99% ○10-49% ○1-9% ○0% (NAP) ○NA	Yes No	Yes No

Comments – If other please specify:

Other tools of courts management

63-7. Measurement tools to assess the workload of judges, prosecutors and/or non-judge/non-prosecutor staff (tool quantifying the activity of judges, prosecutors and/or non-judge/non-prosecutor staff – for example the number of cases resolved)

Yes No

63-7-1. If yes, please specify the following information:

	*Tools deployment rate*	Data used for monitoring at national level	*Data used for a monitoring at court local level*	*Tool integrated in the CMS*
For judges	○100% ○50-99% ○10-49% ○1-9% ○0% (NAP) ○NA	Yes No	Yes No	Yes No
For prosecutors	○100% ○50-99% ○10-49% ○1-9% ○0% (NAP) ○NA	Yes No	Yes No	Yes No
For non-judge/non-prosecutor staff	○100% ○50-99% ○10-49% ○1-9% ○0% (NAP) ○NA	Yes No	Yes No	Yes No

3.5.6 Technologies used for communication between courts, professionals and/or court users

64-2. Is there a possibility to submit a case to courts by electronic means?(possibility to introduce a case by electronic means, for example an e-mail or a form on a website)

Yes No

64-2-1. If yes, please specify the following information:

Availability rate

Simultaneous submission of cases in paper form remains mandatory

Specific legislative framework authorising the submission of a case

An integrated/connected tool with the CMS

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

Comments – If it exists in other matters, please specify:

64-3. Is it possible to request legal aid by electronic means?

Yes No

64-3-1. If yes, please specify the following information:

Availability rate

Formalisation of the request in paper form remains mandatory

Specific legislative framework regarding requests for legal aid by electronic means

Granting legal aid is also electronic

Information available in CMS

Requesting legal aid electronically

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

Yes No

64-4. Is it possible to transmit summons to a judicial meeting or a hearing by electronic means? (a judicial meeting relates to stages prior to a court hearing, with a view to mediation or conciliation)

Yes No

64-4-1. If yes, please specify the following information:

	Summons produced by CMS	Simultaneous summon in paper form remains mandatory	Consent of the user to be notified by electronic means	Modalities (if other please specify in comments)	Specific legislative framework
Civil and/or commercial	Yes No	Yes No	Yes No	SMS E-mail Specific computer application Other	Yes No
Criminal	Yes No	Yes No	Yes No	SMS E-mail Specific computer application Other	Yes No
Administrative	Yes No	Yes No	Yes No	SMS E-mail Specific computer application Other	Yes No

Use of information technologies for improving the quality of the communication between courts and professionals

64-6. Are there possibilities of electronic communication between courts and lawyers and/or parties? (sending of electronic files and data concerning a judicial proceeding with or without scanned documents, mainly to develop dematerialised communication)

Tool deployment rate

Trial phases concerned

Modalities (if there are different according to the trial phases or if other, please specify in a comment)

Specific legal framework

Availability for

Civil and/or commercial

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

Submission of a case to a court

Phases preparatory

to a hearing

Schedule of hearings and/or deferrals

Transmission of court decisions

E-mail

Specific computer application

Other

Yes

Lawyers

Parties not represented by lawyer

Criminal

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

Submission of a case to a court

Phases preparatory to a hearing

Schedule of hearings and/or deferrals

Transmission of court decisions

E-mail

Specific computer application

Other

Yes

Lawyers

Parties not represented by lawyer

Administrative

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

Submission of a case to a court

Phases preparatory to a hearing

Schedule of hearings and/or deferrals

Transmission of court decisions

E-mail

Specific computer application

Other

Yes

Lawyers

Parties not represented by lawyer

64-7. Terms and conditions of electronic communication used by professionals other than lawyers (sending of electronic data concerning a judicial proceeding with or without scanned documents, mainly to develop dematerialised communication)

	Tool deployment rate	Modalities (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 and following)	○100% ○50-99% ○10-49% ○1-9% ○0% (NAP) ○NA	E-mail Specific computer application Other	Yes No
Notaries (as defined in Q192 and following)	○100% ○50-99% ○10-49% ○1-9% ○0% (NAP) ○NA	E-mail Specific computer application Other	Yes No
Experts (as defined in Q202 and following)	○100% ○50-99% ○10-49% ○1-9% ○0% (NAP) ○NA	E-mail Specific computer application Other	Yes No
Judicial police services	○100% ○50-99% ○10-49% ○1-9% ○0% (NAP) ○NA	E-mail Specific computer application Other	Yes No

64-9. Are there online processing systems of specialised litigation? (small claim litigation, undisputed claims, preparatory phases to the resolution of family conflicts, etc. – please, specify in “comments” section)

Yes No

Comments – Please describe the system that exists:

Use of information technologies between courts, professionals and users in the framework of judicial proceedings

64-10. Videoconferencing between courts, professionals and/or users (this concerns the use of audio-visual devices in the framework of judicial proceedings such as the hearing of parties, etc.)

Yes No

64-10-1. 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):

Deployment rate

Proceeding phase

Specific legislative framework

Civil and/or commercial

○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA

Prior 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 hearing

During the hearing

After the hearing

Yes No

Administrative

○100% 50-99% ○10-49%1-9% ○0% (NAP) ○NA

Prior to the hearing

During the hearing

After the hearing

Yes No

64-11. Recording of hearings or debates (sound or audio-visual recording during the investigation and/or trial phase(s))

Yes No

64-11-1. If yes, please specify the following information:

Tool deployment rate

Type of recording

Specific legislative framework

Civil and/or commercial

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

○Sound ○Video ○Both

Yes No

Criminal

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

○Sound ○Video ○Both

Yes No

Administrative

○100%

○50-99%

○10-49%

○1-9%

○0% (NAP)

○NA

○Sound ○Video ○Both

Yes No

64-12. Is electronic evidence admissible?

Matter	Admissibility of electronic evidence	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

Comments - Other devices of electronic communication between courts, professionals and/or users:

3.6 Performance and evaluation

3.6.1 National policies applied in courts / public prosecution services

66. Are quality standards determined for the judicial system at national level (are there quality systems for the judiciary and/or judicial quality policies)?

Yes No

Comments - If yes, please specify:

67. Do you have specialised personnel entrusted with implementation of these national level quality standards?

within the courts Yes No

within the public prosecution services Yes No

3.6.2 Performance and quality objectives at court level/public prosecution services

77. Concerning court activities, have you defined performance and quality indicators?

Yes No

78. If yes, please select the main performance and quality indicators that have been defined for courts :

number of incoming cases

length of proceedings (timeframes)

number of resolved cases

number of pending cases

backlogs

productivity of judges and court staff

satisfaction of court staff

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

costs of the judicial procedures

number of appeals

appeal ratio

clearance rate

disposition time

other:

Comments - If “other”, please specify:

77-1. Concerning public prosecution activities, have you defined performance and quality indicators?

Yes No

78-1. If yes, please select the main performance and quality indicators for the public prosecution services that have been defined:

number of incoming cases

length of proceedings (timeframes)

number of resolved cases

number of pending cases

backlogs

productivity of prosecutors and prosecution staff

satisfaction of prosecution staff

satisfaction of users (regarding the services delivered by the public prosecutors)

costs of the judicial procedures

clearance rate

disposition time

Percentage of convictions and acquittals

other:

Comments - If “other”, please specify:

73. Do you have a system to evaluate regularly court performance based primarily on the defined indicators?

Yes No

73-0. If yes, please specify the frequency:

○ Annual

○ Less frequent

○ More frequent

Comments - If "Less frequent" or "More frequent", please specify:

73-1. Is this evaluation of the court activity used for the later allocation of resources within this court?

Yes No

73-2. If yes, which courses of action are taken (multiple replies possible)?

Identifying the causes of improved or deteriorated performance

Reallocating resources (human/financial resources based on performance)

Reengineering of internal procedures to increase efficiency

Other, please specify: ______

73-3. Do you have a system to evaluate regularly the performance of the public prosecution services based primarily on the defined indicators?

Yes No

73-4. If yes, please specify the frequency:

○ Annual

○ Less frequent

○ More frequent

Comments - If "less frequent" or "more frequent", please specify:

73-5. Is this evaluation of the activity of public prosecution services used for the later allocation of resources within this public prosecution service?

Yes No

73-6. If yes, which courses of action are taken (multiple replies possible)?

Identifying the causes of improved or deteriorated performance

Reallocating resources (human/financial resources based on performance)

Reengineering of internal procedures to increase efficiency

Other, please specify: _______

79. Who is responsible for evaluating the performance of the courts (multiple options possible) :

High Judicial Council

Ministry of Justice

Inspection authority

Supreme court

External audit body

Other, please specify: _______

79-1. Who is responsible for evaluating the performance of the public prosecution services (multiple replies possible):

Public Prosecutorial Council

Ministry of Justice

Head of the organisational unit or hierarchically superior public prosecutor

Prosecutor General /State public prosecutor

External audit body

Other, please specify: _______

3.6.3 Measuring courts’ / public prosecution services activity

70. Do you regularly monitor court activities (performance and quality) concerning:

number of incoming cases

length of proceedings (timeframes)

number of resolved cases

number of pending cases

backlogs

productivity of judges and court staff

satisfaction of court staff

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

costs of the judicial procedures

number of appeals

appeal ratio

clearance rate

disposition time

other:

Comments - If “other”, please specify:

70-1. Do you regularly monitor public prosecution activities (performance and quality) concerning:

number of incoming cases

length of proceedings (timeframes)

number of resolved cases

number of pending cases

backlogs

productivity of prosecutors and prosecution staff

satisfaction of prosecution staff

satisfaction of users (regarding the services delivered by the public prosecution)

costs of the judicial procedures

clearance rate

disposition time

percentage of convictions and acquittals

other:

Comments - If “other”, please specify:

71. Do you monitor the number of pending cases and cases that are not processed within a reasonable timeframe (backlogs) for:

civil law cases

criminal law cases

administrative law cases

72. Do you monitor waiting time during judicial proceedings?

within the courts Yes No

within the public prosecution services Yes No

Comments - If yes, please specify:

3.6.4 Information regarding courts /public prosecution services activity

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

Yes No

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

80-1. Are the statistics on the functioning of each court published:

Yes, on the internet

No, only internally (on an intranet website)

80-2. Is there a centralised institution that is responsible for collecting statistical data regarding the functioning of the public prosecution services?

Yes No

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

80-3. Are the statistics on the functioning of each public prosecution service published?

Yes, on the internet

No, only internally (on an intranet website)

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

Yes No

Comments - 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. If yes, please, indicate the periodicity at which the report is released:

○ Annual

○ Less frequent

○ More frequent

81-3. Are public prosecution services required to prepare an activity report (that includes, for example, data on the number of incoming cases, the number of decisions, the number of public prosecutors and administrative staff, targets and assessment of the activity)?

Yes No

Comments - If yes, please describe the content of the report and its audience (i.e. for whom the report is intended):

81-4. If yes, please specify in which form this report is released:

Internet

Intranet website

Paper distribution

81-5. If yes, please, indicate the periodicity at which the report is released:

○Annual

○Less frequent

○More frequent

3.6.5 Courts administration

82. Is there a process or structure of dialogue between the public prosecution services and courts regarding 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

Comments - If yes, please specify:

82-1. Is there in general a process or structure of dialogue between lawyers and courts regarding the way cases are presented before courts in other than criminal matters (e.g. organisation, number and planning of hearings, on-call service for urgent cases)?

Yes No

Comments - If yes, please specify:

3.6.6 Performance and evaluation of judges and public prosecutors

83. Are there quantitative performance targets defined for each judge ( e.g. the number of resolved cases in a month or year)?

Yes No

83-1. Who is responsible for setting the individual 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, please specify: ______

NAP

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

Yes No

114-1. If yes, please specify the frequency of this assessment:

○ Annual

○ Less frequent

○ More frequent

83-2. Are there quantitative performance targets defined for each public prosecutor (e.g. the number of decisions in a month or year)?

Yes No

83-3. Who is responsible for setting the individual targets for each public prosecutor

Executive power (for example the Ministry of Justice)

Prosecutor General /State public prosecutor

Public Prosecutorial Council

Head of the organisational unit or hierarchically superior public prosecutor

Other, please specify: ______

NAP

120. Isthere a system of qualitative individual assessment of the public prosecutors’ work?

Yes No

120-1. If yes, please specify the frequency of this assessment:

○ Annual

○ Less frequent

○ More frequent

***

C-4. Please indicate the sources for answering the questions in this part:

4. Fair trial

4.1 Principles

4.1.1 Principles of fair trial

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

_______/ NA / NAP

Comments - Please add methodology for calculation used:

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

Yes

85-1. If yes, what is the ratio between the total number of initiated procedures and the total number of recusals pronounced (in the reference year):

_______ / NA

Comments - 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

For civil procedures (timeframe): Yes No

For criminal procedures (timeframe): Yes No

NAP

Comments - Please, specify what are the terms and conditions of this monitoring system (information related to acknowledged violations by ECHR at the State/courts level; implementation of internal systems to prevent other violations (that are similar) and if possible to measure an evolution of the established violations):

86-1. Is there in your country a possibility to review a case after a finding of a violation of the European Convention on Human Rights by the European Court of Human Rights?

Yes No NAP

***

D-1. Please, indicate the sources for answering the questions in this part:

4.2 Timeframes of proceedings

4.2.1 General information

87. Are there specific procedures for urgent matters regarding:

civil cases

criminal cases

administrative cases

There is no specific procedure for urgent matters

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

Comments - If yes, please specify:

88-1. For these simplified procedures, may judges deliver an oral judgement with a written order and without the full reasoning of the judgement?

civil cases?

criminal cases?

administrative cases?

Comments - 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

Comments - If yes, please specify:

4.2.2 Case flow management - first instance

91. 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, requests 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. 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+3)	_____/ 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
3. Other criminal cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

Comments - If you cannot make a distinction between misdemeanour criminal cases and severe criminal cases (according to the CEPEJ definitions), please specify what cases are reported in those categories. If “Other criminal cases”, please specify:

4.2.3 Case flow management - second instance

97. 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

Comments - If “Other cases” please specify:

98. 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+3)	_____/ 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
3. Other criminal cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

4.2.4 Case flow management – Supreme Court

99. Highest instance courts (Supreme court): 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 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

Comments - If “Other cases”, please specify:

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: _____

100. 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+3)	_____/ 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
3. Other criminal cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

4.2.5 Case flow management and timeframes – specific cases

101. Number of specific litigious cases 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	Pending for more than 2 years from the date the case came to the first instance court
Litigious divorce cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Employment dismissal cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Insolvency	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Robbery case	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Intentional homicide	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

101-0. Number of procedures/cases relating to asylum seekers and to the right of entry and stay for aliens.

	Pending procedures/cases on 1 Jan. ref. year	Incoming procedures/cases	Resolved procedures/cases	Pending procedures/cases on 31 Dec ref. year	Pending for more than 2 years
Non-court procedures relating to asylum seekers (refugee status under the 1951 Geneva Convention)	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Non-court procedures relating to the right of entry and stay for aliens	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Court cases relating to asylum seekers (refugee status under the 1951 Geneva Convention)	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Court cases relating to the right of entry and stay for aliens	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

101-1. Could you briefly describe the system in your country dealing with legal remedies relating to:

asylum seekers (refugee status under the 1951 Geneva Convention)
the right of entry and stay for aliens

101-2. Number of cases relating to child sexual abuse and child pornography 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	Pending for more than 2 years from the date the case came to the first instance court
Child sexual abuse	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Child pornography	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

Comments – Please explain what are the legal definitions of these categories of offences in your system:

102. Percentage of decisions subject to appeal, average length of proceedings, and percentage of cases pending for more than 3 years for all instances for specific litigious cases.

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 investigation phase in criminal cases as well as enforcement procedure.

	% of decisions subject to appeal	Average length in 1^st instance (in days)	Average length in 2^nd instance (in days)	Average length in 3^rd instance (in days)	Average total length of the total procedure (in days)	% of cases pending for more than 3 years for all instances
Civil and commercial litigious cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Litigious divorce cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Employment dismissal cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Insolvency	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Robbery cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Intentional homicide	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

103. Where appropriate, please indicate the specific procedure regarding divorce cases (litigious and non-litigious):

104. How is the length of proceedings calculated for the six case categories of question 102? Please give a description of the calculation method.

4.2.6 Case flow management – public prosecution

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

Comments - If “other significant powers”, please specify:

106. Does the public prosecutor also have a role in:

civil cases

administrative cases

insolvency cases

Comments - If yes, please specify:

107. Public prosecutors: Total number of 1^st instance criminal cases

Pending cases on 1 Jan. ref. year	_____/ NA / NAP
Incoming/received cases	_____/ NA / NAP
Processed cases (3.1+3.2+3.3+3.4)	_____/ NA / NAP
3.1. Discontinued during the reference year (3.1.1+3.1.2+3.1.3+3.1.4.)	_____/ NA / NAP
3.1.1 Discontinued by the public prosecutor because the offender could not be identified	_____/ NA / NAP
3.1.2 Discontinued by the public prosecutor due to the lack of an established offence or a specific legal situation	_____/ NA / NAP
3.1.3 Discontinued by the public prosecutor for reasons of opportunity	_____/ NA / NAP
3.1.4 Discontinued for other reasons
3.2. Concluded by a penalty or a measure imposed or negotiated by the public prosecutor	_____/ NA / NAP
3.3. Cases closed by the public prosecutor for other reasons	_____/ NA / NAP
3.4. Cases brought to court
Pending cases on 31 Dec. ref. year	_____/ NA / NAP

107-1. If the guilty plea procedure exists, how many cases were concluded by this procedure?

	Total	Severe criminal cases	Misdemeanour and / or minor criminal cases
Total number of guilty plea procedures	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
Before the main trial	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
During the main trial	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

109. Do the figures provided in Q107 include traffic offence cases?

Yes No

***

D-2. Please indicate the sources for answering the questions in this part:

5. Career of judges and public prosecutors

5.1 Recruitment and promotion

5.1.1. Recruitment and promotion of judges

110. 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

Comments - If “other”, please specify:

111. Authority(ies) responsible for recruitment - are judges initially/at the beginning of their career recruited and nominated by:

An authority made up of judges only

An authority made up of non-judges only

An authority/authorities made up of judges and non-judges

Other

Comments - 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:

111-1. How many members compose this authority?

Total

Male

Female

Members

______ / NA / NAP

Comments – Please specify what is the status of this authority and who is proposing its members:

111-2. May non-selected candidates appeal against the decision on recruitment/appointment?

Yes No

Comments – please specify which body is competent to decide on appeal:

112. Is the same authority (Q111) competent for the promotion of judges?

Yes No

113. What is the procedure for the promotion of judges? (multiple answers possible)

Competitive test / Exam

Other procedure (interview or other)

No special procedure

Comments - Please specify how the promotion procedure for 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 replies possible).

Years of experience

Professional skills (and/or qualitative performance)

Performance (quantitative)

Subjective criteria (e.g. integrity, reputation)

Other

No criteria

Comments - Please specify any useful comment regarding the criteria (especially if you have checked the box “performance” or “other”):

5.1.2 Status recruitment and promotion of prosecutors

115. What is the status of public prosecution services?

Has an independent status as a separate entity among state institutions

Is part of the executive power but enjoys functional independence (please briefly explain how and to what extent)

Is part of the executive power (without functional independence)

Is part of the judicial power but enjoys functional independence (please briefly explain how and to what extent)

Is part of the judicial power (without functional independence)

Is a mixed model (please explain)

Has other status (please explain)

Comments - When appropriate, please specify the objective guarantees of this independence (such as funding) and where they are enshrined (Constitution, legislation etc.). Furthermore, if “mixed model” or "other", please specify:

115-1. Does the law or other regulation prevent specific instructions to prosecute or not, addressed to a public prosecutor?

Yes No

Comments - If yes, please specify:

115-2. If you answered “Yes” to Q115-1, are there exceptions provided by the law/regulations?

Yes No

Comments - Please describe these exceptions:

115-3. If you answered “No” to Q115-1, which authority can issue the specific instructions?

General Prosecutor

Higher prosecutor/Head of prosecution office

Executive power

Other

Comments - If “Other”, please specify:

115-4. What form these instructions may take?

Oral instruction

Oral instruction with written confirmation

Written instruction

Other

NAP

Comments - If “Other”, please specify:

115-5. In that case, are the instructions:

Issued seeking prior advice from the competent public prosecutor

Mandatory

Reasoned

Recorded in the case file

Other

NAP

Comments - If “Other”, please specify:

115-6. What is the frequency of this type of instructions?

Exceptional

Occasional

Frequent

Systematic

NAP

115-7. Can the public prosecutor oppose/report an instruction to an independent body?

Yes No NAP

Comments - If yes, please specify to which body/institution and please describe under which conditions:

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

Comments - If “other”, please specify:

117. Authority(ies) responsible for recruitment - Are public prosecutors initially/at the beginning of their career recruited by:

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

other

Comments - 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. How many members compose this authority?

Total

Male

Female

Members

______ / NA / NAP

Comments – Please specify what is the status of this authority and who is proposing its members:

117-2. May non-selected candidates appeal against the decision on recruitment/appointment?

Yes No

Comments – please specify which body is competent to decide on appeal:

118. Is the same authority (Q.117) formally responsible for the promotion of public prosecutors?

Yes No

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

119. What is the procedure for the promotion of prosecutors? (multiple answers possible)

Competitive test / exam

Other procedure (interview or other)

No special procedure

Comments - Please specify how the promotion procedure for prosecutors is organised (especially if there is no competition or examination):

119-2. Please indicate the criteria used for the promotion of a prosecutor:

Years of experience

Professional skills (and/or qualitative performance)

Performance (quantitative)

Subjective criteria (e.g. integrity, reputation)

Other

No criteria

Comments - Please, specify any useful comment regarding the criteria (especially if you have checked the box “performance” or “other”):

5.1.3. Mandate and retirement of judges and prosecutors

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: ______

Comments - 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

Comments - 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): ______

NAP

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

Yes. If yes, please indicate the compulsory retirement age: ______

Comments - 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): ______

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

Comments - Length of the mandate for judges (in years): ____ / NA/ NAP

125-1 Is it renewable?

Yes No NAP

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)?

Length of the mandate for public prosecutors (in years): ____ / NA / NAP

126-1. Is it renewable? Yes No NAP

***

E1. Please indicate the sources for answering the questions in this part:

5.2 Training

5.2.1 Training of judges

127. Training of judges:

Type of training	Compulsory	Optional	No training proposed
Initial training (e.g. attend a judicial school, traineeship in a 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
In-service training on ethics
In-service training on child-friendly justice

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
In-service training on ethics
In-service training on child-friendly justice

Comments - Please indicate any information on the periodicity of the continuous training of judges:

5.2.2 Training of prosecutors

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 in organised crime)
In-service training for management functions (e.g. Head of prosecution office, manager)
In-service training for the use of computer facilities in office
In-service training on ethics
In-service training on child-friendly justice

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)
In-service training for management functions (e.g. Head of prosecution office, manager)
In-service training for the use of computer facilities in office
In-service training on ethics
In-service training on child-friendly justice

Comments - Please indicate any information on the periodicity of the in-service training of prosecutors:

5.2.3 Training institutions

131. Do you have public training institutions for judges and / or prosecutors?

Type of institution(s)	Initial training only	Continuous training only	Initial and continuous training
Institution(s) for judges
Institution(s) for prosecutors
Institution(s) for both judges and prosecutors

131-0. If yes, what is the budget of such institution(s)?

Type of institution(s)	Budget of the institution for the reference year, in €
Institution(s) for judges	_____/ NA / NAP
Institution(s) for prosecutors	_____/ NA / NAP
Institution(s) 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?

5.2.4 Quantity of trainings

131-2. Number of in-service training courses available and delivered (in days) by the public institution(s) responsible for training.

	Number of in-person training courses available	Number of delivered in-person training courses in days	Online training courses available during the reference year (e-learning)
Total	_______/ NA / NAP	_______/ NA / NAP	_______/ NA / NAP
For judges	_______/ NA / NAP	_______/ NA / NAP	_______/ NA / NAP
For prosecutors	_______/ NA / NAP	_______/ NA / NAP	_______/ NA / NAP
For other non-judge staff	_______/ NA / NAP	_______/ NA / NAP	_______/ NA / NAP
For other non-prosecutor staff	_______/ NA / NAP	_______/ NA / NAP	_______/ NA / NAP
Training for other professionals	_______/ NA / NAP	_______/ NA / NAP	_______/ NA / NAP

Comments – please specify if there are training courses of judges and/or prosecutors that include other professionals in the field of justice:

131-3. Number of participants of the training courses during the reference year.

	Number of participants in in-person training courses	Number of participants in online training courses (e-learning)
Total	_______/ NA / NAP	_______/ NA / NAP
Judges	_______/ NA / NAP	_______/ NA / NAP
Prosecutors	_______/ NA / NAP	_______/ NA / NAP
Non-judge staff	_______/ NA / NAP	_______/ NA / NAP
Non-prosecutor staff	_______/ NA / NAP	_______/ NA / NAP
Other professionals	_______/ NA / NAP	_______/ NA / NAP

***

E.2 Please indicate the sources for answering the questions in this part:

5.3 Practice of the profession

5.3.1 Salaries and benefits of judges and prosecutors

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

133. Do judges and public prosecutors have additional benefits?

	Judges	Public prosecutors
Reduced taxation
Special pension
Housing
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
Political function
Mediator
Other function

Comments - If rules exist in your country (e.g. authorisation needed to perform these activities), please specify. If "other function", please specify:

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

Functions/activities	With remuneration	Without remuneration
Teaching
Research and publication
Arbitrator
Consultant
Cultural function
Political function
Mediator
Other function

Comments - If rules exist in your country (e.g. authorisation needed to perform these activities), please specify. If "other function", please specify:

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

Yes No

Comments - If yes, please specify the conditions and, if possible, the amounts:

5.3.2 Body/institution of ethic

138. Is there in your country an institution / body giving opinions on ethical questions of the conduct of judges (e.g. involvement in political life, use of social media by judges, etc.)

Yes

138-1. If yes, who are the members of this institution/body?

Only judges

Judges and other legal professionals

Other

Comments - If “other”, please specify:

138-2. Are the opinions of this institution / body publicly available?

Yes

NAP

Comments - Please describe the work of this institution / body, the frequency of opinions, etc.:

138-3. Is there in your country an institution / body giving opinions on ethical questions of the conduct of prosecutors (e.g. involvement in political life, use of social media by prosecutors, etc.)

Yes

138-4. If yes, who are the members of this institution/body?

Only prosecutors

Prosecutors and other legal professionals

Other

Comments - If “other”, please specify:

138-5. Are the opinions of this institution / body publicly available?

Yes

NAP

Comments - Please describe the work of this institution / body, the frequency of opinions, etc.:

***

5.4 Disciplinary procedures

5.4.1 Authorities responsible for disciplinary procedures and sanctions

140. Who is authorised to initiate disciplinary proceedings against judges (multiple replies possible)?

Court users

Relevant Court or hierarchical superior

High Court / Supreme Court

High Judicial Council

Disciplinary court

Disciplinary body (disciplinary prosecutor. investigator etc.)

Ombudsman

Parliament

Executive power

Other, please specify: ______

This is not possible

Comments - If "executive power", please specify:

141. Who is authorised to initiate disciplinary proceedings against public prosecutors: (multiple replies possible):

Citizens

Head of the organisational unit or hierarchical superior public prosecutor

Prosecutor General /State public prosecutor

Public Prosecutorial Council (High Judicial Council)

Disciplinary court

Disciplinary body (disciplinary prosecutor. investigator etc.)

Ombudsman

Professional body

Executive power

Other, please specify: ______

This is not possible

Comments - If "executive power", please specify:

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

Court

Higher Court / Supreme Court

High Judicial Council

Disciplinary court or body

Ombudsman

Parliament

Executive power

Other, please specify: ______

Comments - If "executive power", please specify:

143. Which authority has disciplinary power over public prosecutors (multiple options possible)?

Supreme Court

Head of the organisational unit or hierarchical superior

Prosecutor General /State public prosecutor

Public prosecutorial Council (High Judicial Council)

Disciplinary court or body

Ombudsman

Professional body

Executive power

Other

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

5.4.2 Number of disciplinary procedures and sanctions

144. Number of disciplinary proceedings initiated during the reference year against judges and public prosecutors.

If a disciplinary proceeding is undertaken because of several reasons, please count the proceedings only once and for the main reason.

Type of disciplinary proceeding	Judges	Prosecutors
Total number (1+2+3+4)	_____/ NA / NAP	_____/ NA / NAP
1. Breach of professional ethics	_____/ NA / NAP	_____/ NA / NAP
2. Professional inadequacy	_____/ NA / NAP	_____/ NA / NAP
3. Criminal offence	_____/ NA / NAP	_____/ NA / NAP
4. Other	_____/ NA / NAP	_____/ NA / NAP

Comments - If “other”, please specify:

145. Number of sanctions pronounced during the reference year against judges and public prosecutors.

Type of sanction	Judges	Prosecutors
Total number (total 1 to 10)	_____/ NA / NAP	_____/ NA / NAP
1. Reprimand	_____/ NA / NAP	_____/ NA / NAP
2. Suspension	_____/ NA / NAP	_____/ NA / NAP
3. Withdrawal from cases	_____/ NA / NAP	_____/ NA / NAP
4. Fine	_____/ NA / NAP	_____/ NA / NAP
5. Temporary reduction of salary	_____/ NA / NAP	_____/ NA / NAP
6. Position downgrade	_____/ NA / NAP	_____/ NA / NAP
7. Transfer to another geographical (court) location	_____/ NA / NAP	_____/ NA / NAP
8. Resignation	_____/ NA / NAP	_____/ NA / NAP
9. Other	_____/ NA / NAP	_____/ NA / NAP
10. Dismissal

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

***

E-3. Please indicate the sources for answering the questions in this part:

6. Lawyers

6.1 Profession of lawyer

6.1.1 Status of the profession and training

146. Total number of lawyers practicing in your country:

Total

Male

Female

Number of lawyers

______ / NA /

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

Yes No

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

______ / NA / NAP

149. Is legal representation in courts exclusively exercised by lawyers in: (multiple replies possible)

First instance

Second instance

Highest instance court (Supreme Court)

Civil cases

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

Dismissal cases

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

Criminal cases – Defendant

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

Criminal cases – Victim

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

Administrative cases

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

○Yes always

○Yes in some cases

○No

NAP

Comments - Please indicate any useful clarifications regarding the content of lawyers’ exclusive rights:

149-0. If other than lawyers may represent a client in court, please specify who.

	First instance	Second instance	Highest instance court (Supreme Court)
Civil society organisation	○Yes○No	○Yes○No	○Yes○No
Family member	○Yes○No	○Yes○No	○Yes○No
Self-representation	○Yes○No	○Yes○No	○Yes○No
Trade union	○Yes○No	○Yes○No	○Yes○No
Other	○Yes○No	○Yes○No	○Yes○No

Comments - If "other", please specify. In addition, for the categories selected please specify the types of cases concerned by this/these representation(s):

149-1. In addition to the functions of legal representation and legal advice, can a lawyer exercise other activities?

Notarial activity

Arbitration / mediation

Proxy / representation

Property manager

Real estate agent

Other law activities, please specify: _____

149-2. What are the statuses for exercising the profession of lawyer?

	Self-employed lawyer
	Staff lawyer
	In-house lawyer

150. Is the lawyer profession organised through?

a national bar association

a regional bar association

a local bar association

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

Yes No

Comments - Please indicate if there are other specific requirements regarding diplomas or university degrees:

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

Yes No

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

Yes No

Comments - If yes, please specify:

***

F-1. Please indicate the sources for answering the questions in this part:

6.1.2 Practicing the profession

154. Can court users establish easily what the lawyers’ fees will be (i.e. a prior information on the foreseeable amount of fees)?

Yes No

155. Are lawyers' fees freely negotiated?

Yes No

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

Yes, laws provide rules

Yes, standards of the bar association provide rules

No, neither laws nor bar association standards provide rules

***

6.1.3 Quality standards and disciplinary proceedings

157. Have quality standards been determined for lawyers?

Yes No

Comments - If yes, what are the quality criteria used:

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

the bar association

the Parliament

other

Comments - If “other”, please specify:

159. Is it possible to file a complaint about:

the performance of lawyers

the amount of fees

Comments - Please specify:

160. Which authority is responsible for disciplinary procedures?

a judge

Ministry of Justice

a professional authority

other, please specify: ______

161. Disciplinary proceedings initiated against lawyers.

If a disciplinary proceeding is undertaken because of several reasons, please count the proceedings only once and for the main reason.

Total number of disciplinary proceedings initiated (1 + 2 + 3 + 4)	/ NA / NAP
1. Breach of professional ethics	/ NA / NAP
2. Professional inadequacy	/ NA / NAP
3. Criminal offence	/ NA / NAP
4. Other	/ NA / NAP

Comments - If "other", please specify:

162. Sanctions pronounced against lawyers.

Total number of sanctions (1 + 2 + 3 + 4 + 5)	/ NA / NAP
1. Reprimand	/ NA / NAP
2. Suspension	/ NA / NAP
3. Withdrawal from cases	/ NA / NAP
4. Fine	/ NA / NAP
5. Other	/ NA / NAP

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

7. Court related mediation and other Alternative Dispute Resolution methods

7.1 Court related mediation

7.1.1 Details on court related mediation

163. Does the judicial system provide for court-related mediation procedures?

Yes No

163-1. In some fields, does the judicial system provide for mandatory mediation with a mediator?

Before/instead of going to court

Ordered by the court, the judge, the public prosecutor or a public authority in the course of a judicial proceeding

No mandatory mediation

Comments - If there is mandatory mediation, please specify which fields are concerned:

163-2. In some fields, does the legal system provide for mandatory informative sessions with a mediator?

Yes No

Comments - If there are mandatory informative sessions, please specify which fields are concerned:

164. Please specify, by type of cases, who provides court-related mediation services:

Type of cases	Private mediator	Public authority (other than the court)	Judge	Public prosecutor
Civil and commercial cases
Family cases
Administrative cases
Labour cases including employment dismissals
Criminal cases
Consumer cases

NAP

165. Is there a possibility to receive legal aid for court-related mediation or receive these services free of charge?

Yes No NAP

Comments - If yes, please specify (only one or both options):

166. Number of accredited or registered mediators for court-related mediation:

Total	Males	Females
/ NA / NAP	/ NA / NAP	/ NA / NAP

167. Number of court-related mediations:

	Number of cases for which the parties agreed to start mediation	Number of finished court-related mediations	Number of cases in which there is a settlement agreement
Total (total 1 + 2 + 3 + 4 + 5+ 6)	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
1. Civil and commercial cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
2. Family cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
3. Administrative cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
4. Labour cases including employment dismissal cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
5. Criminal cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP
6. Consumer cases	_____/ NA / NAP	_____/ NA / NAP	_____/ NA / NAP

NAP

Comments - Please indicate the source:

168. Do the following alternative dispute resolution (ADR) methods exist in your country:

Mediation other than court-related mediation

Arbitration

Conciliation (if different from mediation)

Other ADR

Comments - If “other”, please specify:

***

G-1. Please indicate the sources for answering the questions in this part:

8. Enforcement of court decisions

8.1 Execution of decisions in civil matters

8.1.1 Number of enforcement agents, status and mandate

169. Number and type of enforcement agents in your country. If you do not have enforcement agents, please skip to question 192.

Type of enforcement agents

Total

Male

Female

Total (1+2+3+4)

______ / NA / NAP

1. Private professionals under the authority (control) of public authorities

______ / NA / NAP

2. Enforcement agents working in a public institution (civil servants paid by state)

______ / NA / NAP

3.Judges

______ / NA / NAP

4. Other

______ / NA / NAP

Comments - If other, please specify their status and competences:

170. What are the requirements to access the profession of enforcement agent (multiple replies possible)?

diploma

professional experience

specific exam

appointment procedure by the State

initial training

other

Comments - If “other”, please specify:

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

Yes Please indicate the age of retirement: ______

No Please specify the duration of the appointment: ______

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

8.1.2. Activities / scope of competence

171-1. Which debtor’s information can the enforcement agent access at the beginning of the enforcement procedure?

	Access to information	Direct electronic access to information
Address	Yes No	Yes No
Date of birth	Yes No	Yes No
Civil status	Yes No	Yes No
Cohabitant	Yes No	Yes No
Employer	Yes No	Yes No
Motor vehicle	Yes No	Yes No
Movable property	Yes No	Yes No
Immovable property	Yes No	Yes No
Bank account	Yes No	Yes No
Other enforcement proceedings underway	Yes No	Yes No
Insolvency proceedings (bankruptcy, judicial reorganisation, collective debt settlement etc.)	Yes No	Yes No
Other	Yes No	Yes No

Comments – If “Other”, please specify:

171-2. Can the enforcement agent carry out the following civil enforcement proceedings:

	Option
Seizure of movable tangible properties	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Preventive seizure of movable tangible properties	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Seizure of immovable properties	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Preventive seizure of immovable properties	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Seizure from a third party of the debtor’s claims regarding a sum of money	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Seizure of remunerations	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Seizure of motorised vehicles	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Eviction measures	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Seizures of boats and ships	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Seizure of aircrafts	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Seizure of electronic assets (e.g. cryptocurrency)	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Enforced sale by public tender of seized properties	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Sale of shares	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP
Other	Yes, exclusively performed by enforcement agents Yes, but not exclusively performed by enforcement agents No NAP

171-3. Apart from the enforcement of court decisions, what are the other activities that can be carried out by enforcement agents?

Service of judicial and extrajudicial documents

Debt recovery

Voluntary or public auctions of moveable or immoveable property

Custody of goods

Recording and reporting of evidence

Court hearings service

Provision of legal advice

Bankruptcy procedures

Performing tasks assigned by judges

Representing parties in courts

Drawing up private deeds and documents

Building manager

Other

8.1.3. Training and ICT

172-1. Is there a system of mandatory general continuous training for enforcement agents?

Yes No

172-2. Do you have an e-learning training system established for enforcement agents?

Yes No

Comments – If yes, please specify

172-3. Does the content of the continuous training system also include ICT (related to enforcement procedures)?

Yes No

Comments – If yes, please specify:

172-4. Have an electronic service of documents or electronic notifications been introduced in your country?

Yes No

172-5. Does the development of new technologies have an effect on the different stages of the enforcement procedure?

Yes No

Comments – Please explain:

8.1.4. Fees

174. Are enforcement fees easily established and transparent for parties?

Yes No

175-1. Are the fees charged in case of successful enforcement proceedings freely negotiated?

Yes No

175-2. Who has to pay these fees if the enforcement proceedings are successful?

The debtor

The creditor

Other – please specify

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

Yes No

***

Please indicate the sources for answering the questions in this part:

8.1.5 Organisation of profession and efficiency of enforcement services

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

Yes No

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

professional body

judge

Ministry of Justice

public prosecutor

other

Comments - If “other”, please specify:

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

Yes No

Comments - If yes, please specify:

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

Yes No

Comments - If yes, please specify:

183. What are the main complaints made by users concerning the enforcement procedure? Please indicate a maximum of 3.

no execution at all

non execution of court decisions against public authorities

lack of information

excessive length

unlawful practices

insufficient supervision

excessive cost

unethical behaviour of enforcement agent

other, please specify: ______

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

for civil cases Yes No

for administrative cases Yes No

186. Regarding a decision on debt collection, please estimate the average timeframe to serve and/or notify the decision to the parties who live in the city where the court sits (one option only):

○ between 1 and 5 days

○ between 6 and 10 days

○ between 11 and 30 days

○ more (please specify): _______

○ NA

187. Number of disciplinary proceedings initiated against enforcement agents.

If a disciplinary proceeding is undertaken because of several reasons, please count the proceedings only once and for the main reason.

Total number of initiated disciplinary proceedings (1+2+3+4)	_____/ NA / NAP
1. For breach of professional ethics	_____/ NA / NAP
2. For professional inadequacy	_____/ NA / NAP
3. For criminal offence	_____/ NA / NAP
4. Other	_____/ NA / NAP

Comments - If other, please specify:

188. Number of sanctions pronounced against enforcement agents.

Total number of sanctions (1+2+3+4+5)	_____/ NA / NAP
1. Reprimand	_____/ NA / NAP
2. Suspension	_____/ NA / NAP
3. Withdrawal from cases	_____/ NA / NAP
4. Fine	_____/ NA / NAP
5. Other	_____/ NA / NAP

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

***

H.1 Please indicate the sources for answering the questions in this part:

8.2 Execution of decisions in criminal matters

8.2.1 Functioning of the execution in criminal matters

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

Judge

Public prosecutor

Prison and Probation Services

Enforcement agent

Other authority

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

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

Yes No

191. If yes, what is the recovery rate?

80-100% 50-79% less than 50%

Comments - Please indicate the source for answering this question:

9. Notaries

9.1. Profession of notary

9.1.1. Number, status and mandate of notaries

192. Number and status of notaries in your country.

Type of notaries	Total	Male	Female
Total (1 + 2 + 3 + 4)	NA/NAP	NA/NAP	NA/NAP
1.Private professionals (without control from public authorities)	NA/NAP	NA/NAP	NA/NAP
2.Holders of public offices appointed by the State	NA/NAP	NA/NAP	NA/NAP
3.Civil servants (paid by the State)	NA/NAP	NA/NAP	NA/NAP
4.Other	NA/NAP	NA/NAP	NA/NAP

Comments - If “Other”, please specify the status, or if “Holder of a public office appointed by the State”, please indicate which ministry is mainly engaged in the appointment procedure:

192-1. What are the access conditions to the profession of notary (multiple replies possible):

diploma

professional experience

specific exam

appointment procedure by the State

initial training

other, please specify: _______

192-2. Are notaries appointed to office for an undetermined period (i.e. "for life" = until the official age of retirement)?

Yes. If yes, please indicate the age of retirement: ______

No if no, please specify the duration of the appointment: ______

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

9.1.2. Activities/scope of competences

194. What kind of activities do notaries perform (multiple replies possible):

Authentication	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Certification of signatures	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Legalisation of signatures / Apostille	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Mediation	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Taking of oaths	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Non-contentious judicial procedures (e.g. acting as court commissioner in a successions file, performing divorce, division of estate, please specify)	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Act as civil servant (for example performing marriage, please specify)	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Other judicial functions (for example, payment orders)	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Public auctions	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP
Other (for example collect taxes, run registers etc.)	Yes, exclusively performed by notaries Yes, but not exclusively performed by notaries No NAP

Comments - If “other”, please specify. Please indicate any useful clarifications regarding the content of the notaries’ exclusive rights or, on the opposite, other bodies that also have competences for the listed activities:

194-2. In which areas of law do notaries perform their activities (multiple options possible)?

Real estate transaction

Family law

Succession law

Company law

Legality control of gambling activities

Protection of vulnerable persons

Other

9.1.3. ICT, organisation of the profession and training

194-3. Do notaries use specialised ICT systems in their activity?

In their relations with the State (e.g. courts, registries, chambers of commerce, tax authorities)

In their relations with their clients

In their relations with other notaries (e.g. videoconferencing, system to exchange documents)

194-4. Which computerised registries can notaries consult?

Land registry

Business registry

Civil status / Population registry

Succession / Family law registry

Any other registry (please specify)

None

194-5. Are there registries / registry infrastructures run by the notaries?

Yes No

Comments - If “yes”, please specify:

194-6. In which computerised registries can notaries modify data (either directly or by submitting an online request)?

	Directly modifying	Indirectly modifying by submitting an online request
Land registry	Yes No NAP	Yes No NAP
Business registry	Yes No NAP	Yes No NAP
Civil status/ Population registry	Yes No NAP	Yes No NAP
Succession / Family law registry	Yes No NAP	Yes No NAP
Any other registry (please specify)	Yes No NAP	Yes No NAP
None	Yes No NAP	Yes No NAP

194-7. What ICT tools are used by notaries in their relations with clients?

Videoconferencing (e.g. digital advice)

Digital act

Digital identification

Digital archiving

Other, please specify

None

194-8. Who is responsible to run the digital archives?

Notariat / Professional body

Other public authority

Another entity (please specify)

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

Yes No

196. If yes, which authority is responsible for supervising and monitoring notaries (multiple options possible)?

professional body

court

Ministry of Justice

a public prosecutor

other

Comments - If “other”, please specify:

196-1. Is there a system of general continuous training for all notaries?

Yes No

196-2. Do notaries have training on:

European law

Yes No

Law of another Member State (cross-border training programmes)

Yes No

Comments - If yes, please indicate the types (e.g. traditional courses, e-learning, webinar) and the major topics of the training activities:

***

I.1 Please indicate the sources for answering the questions in this part:

10. Court interpreters

10.1. Details on the profession of court interpreters

10.1.1. Status of court interpreters

197. Is the title of court interpreters protected?

Yes No

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

Yes No

199. Number of registered court interpreters:

______ / NA / NAP

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

Yes No

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

201. Are the courts responsible for selecting court interpreters?

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

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

Comments - If no, please specify which authority selects court interpreters:

***

J.1 Please indicate the sources for answering the questions in this part:

11. Judicial experts

11.1. Profession of judicial expert

11.1.1. Status of judicial expert

202. In your system, what types of judicial experts can participate in judicial procedures (multiple replies possible):

Experts designated by the parties in support of their arguments but bound by a duty of independence and impartiality to the court

Experts appointed by the court or other authority independent of the parties

Other system of judicial expertise, please specify

Comments - Please specify who is proposing and appointing experts in an individual case:

202-1. Are there lists or any other form of official registration for judicial experts?

Yes No

202-1-1. If yes, at which level is the list established (multiple replies possible):

national

administrative district or federal entity

judicial district

other

Comments - Please, indicate any other comment regarding these lists or databases of experts, if they do exist (e.g. does the expert take an oath? How are his/her skills evaluated? By whom?):

202-1-2. Are these lists publicly available?

Yes, available on the internet

Yes

202-2. Which authority is competent for the registration of judicial experts?

Ministry of justice

Courts

Administrative body

Independent body (association of judicial experts)

Other

Comments - Please also specify the registration criteria:

202-3. Is the registration of judicial experts limited in time?

Yes, for how long ______

202-4. Can an expert who is not on the list or not registered be appointed in a case?

Yes No

Comments - If yes, please specify in which cases:

203. Is the title of judicial experts protected?

Yes No

Comments - If appropriate, please explain the meaning of this protection:

203-1. Does the judicial expert have an obligation of training?

Initial training Yes No

Continuous training Yes No

203-2. If yes, does this training concern:

judicial proceedings

the profession of expert

other

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

Yes No

204-1. On the occasion of a task entrusted to him/her, does the judicial expert have to report any potential conflicts of interest?

Yes No

Comments - If yes, please specify:

205. Number of accredited or registered judicial experts:

Total

Male

Female

Number of experts

______ / NA / NAP

206-1. Number of cases where expert opinion was ordered by a judge or requested by the parties

	Number of cases
Total (1+2+3+4)	______ / NA / NAP
1.Civil and commercial litigious cases	______ / NA / NAP
2.Administrative cases	______ / NA / NAP
3.Criminal cases	______ / NA / NAP
4.Other cases	______ / NA / NAP

205-1. Who defines the amount of the expert remuneration?

In civil/administrative cases

In criminal cases

Defined by law/by-law or a special regulation

Yes No NAP

Defined by the court /judge

Yes No NAP

Defined by Ministry of Justice or another ministry (setting a tariff for example)

Yes No NAP

Salary of public official (in case of forensic or another specialist – who is public employee)

Yes No NAP

Freely agreed between expert and the parties

Yes No NAP

Other

Yes No NAP

Comments - If other, please specify:

206. Are there binding provisions for judicial experts regarding:

Deadlines to provide expertise Yes No

Quality of expertise Yes No

Other Yes No

Comments - If yes, please specify and provide details in case there are possible sanctions:

207-1. Does the judge or another body control the progress of the expertise?

Yes No

Comments - If yes, please specify:

207-2. Are judicial experts’ associations involved in:

selection processes	Yes No
initial or continuous training	Yes No
disciplinary procedures	Yes No

NAP

***

K.1 Please indicate the sources for answering the questions in this part:

12. Reforms in judiciary

12.1 Foreseen reforms

12.1.1. Reforms

208. Can you provide information on the current debate in your country regarding the functioning of justice? Are there undergoing or foreseen reforms?

If possible, please observe the following categories:

1. (Comprehensive) reform plans

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

2. Budget

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

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

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

3.1. Access to justice and legal aid

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

4 High Judicial Council

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

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

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

5.1 Gender balance

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

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

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

7. Enforcement of court decisions and in particular regarding decisions against public authorities

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

8. Mediation and other ADR

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

9. Fight against crime

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

9.1. Prison system

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

9.2 Child friendly justice

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

9.3. Domestic violence

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

10. New information and communication technologies

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

11. Other

Yes (planned)

Yes (adopted)

Yes (implemented during year of reference +1)

Comments - If yes, please specify

Domestic violence	Yes Yes, specifically for minor victims No NA NAP
Sexual violence	Yes Yes, specifically for minor victims No NA NAP

Recruitment procedures (please specify)	Yes, please specify _______ No
Appointment to the position of court president	Yes, please specify _______ No
Appointment to the position of head of prosecution services	Yes, please specify _______ No
Promotion procedures and access to the functions of responsibility (please specify)	Yes, please specify _______ No
Other studies	Yes, please specify _______ No

3.5.1 General policies in Information Technology in judicial systems

62-1. Basic principles and models used in Information technology policies and strategies definition

65-1. In case there is a national structure in charge of the strategic policy making and governance of the judicial system modernisation (including also IT) what is the composition of this structure?

65-2. Which is the organisational model primarily chosen for conducting structural IT projects in courts and the management of applications (maintenance, evolution)?

65-4. Have you measured the impact resulting from the implementation of one or several components of your new information system?

3.5.2 Security of courts information system and personal data protection

65-5. Are there independent audits or other mechanisms to contribute to the global security policy regarding the information system of the judiciary?

65-6. Is the protection of personal data managed by courts ensured at legislative level?

Comments - If it exists in other matters please specify:

62-6. Is there a computerised national record centralising all criminal convictions?

Yes No

3.5.4 Writing assistance tools

62-7. Are there writing assistance tools for which the content is coordinated at national level? (models or templates, paragraphs already pre-written, etc.)

Yes No

62-8. Are there voice recording tools?

Yes No

3.5.5 Technologies used for administration of the courts and case management

63-1. Is there a case management system (CMS) ? (Software used for registering judicial proceedings and their management)

Comments – If it exists in other matters please specify:

63-2. Computerised registries managed by courts

Comments – If it exists in other registries, please specify:

Other tools of courts management

63-7. Measurement tools to assess the workload of judges, prosecutors and/or non-judge/non-prosecutor staff (tool quantifying the activity of judges, prosecutors and/or non-judge/non-prosecutor staff – for example the number of cases resolved)

64-2. Is there a possibility to submit a case to courts by electronic means?(possibility to introduce a case by electronic means, for example an e-mail or a form on a website)

Comments – If it exists in other matters, please specify:

64-3. Is it possible to request legal aid by electronic means?

64-4. Is it possible to transmit summons to a judicial meeting or a hearing by electronic means? (a judicial meeting relates to stages prior to a court hearing, with a view to mediation or conciliation)

64-6. Are there possibilities of electronic communication between courts and lawyers and/or parties? (sending of electronic files and data concerning a judicial proceeding with or without scanned documents, mainly to develop dematerialised communication)

64-7. Terms and conditions of electronic communication used by professionals other than lawyers (sending of electronic data concerning a judicial proceeding with or without scanned documents, mainly to develop dematerialised communication)

64-9. Are there online processing systems of specialised litigation? (small claim litigation, undisputed claims, preparatory phases to the resolution of family conflicts, etc. – please, specify in “comments” section)

64-10. Videoconferencing between courts, professionals and/or users (this concerns the use of audio-visual devices in the framework of judicial proceedings such as the hearing of parties, etc.)

Comments - Other devices of electronic communication between courts, professionals and/or users:

131-2. Number of in-service training courses available and delivered (in days) by the public institution(s) responsible for training.

Total

For judges

For prosecutors

Total

Judges

Prosecutors

Non-judge staff

Non-prosecutor staff

Other professionals