Strasbourg, 15 September 2005 CEPEJ (2005) 2 REV 2
EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE
(CEPEJ)
REVISED SCHEME FOR EVALUATING JUDICIAL SYSTEMS adopted by the CEPEJ at its 5th Plenary Meeting (Strasbourg, 15 – 17 June 2005) and approved by the Committee of Ministers on 7 September 2005 (936th meeting of the Ministers’ Deputies) |
Contents
I. Demographic and economic data.......................................................................................... p. 3
I. A. General information................................................................................................. p. 3
I. B. Budgetary data concerning judicial system............................................................... p. 3
II. Access to Justice and to all courts....................................................................................... p. 5
II. A. Legal aid................................................................................................................ p. 5
II.B. Users of the courts and victims................................................................................ p. 6
II.B.1. Rights of the users and victims................................................................. p. 6
II.B.2. Confidence of citizens in their justice system............................................. p. 8
III. Organisation of the court system......................................................................................... p. 9
III.A. Functioning............................................................................................................ p. 9
III.B. Monitoring and evaluation..................................................................................... p. 13
IV. Fair trial............................................................................................................................. p. 15
IV.A. Fundamental principles......................................................................................... p. 15
IV.B. Timeframes of proceedings.................................................................................. p. 16
IV.B.1. General................................................................................................. p. 16
IV.B.2. Civil and administrative cases................................................................ p. 17
IV.B.3. Criminal cases....................................................................................... p. 18
V. Career of judges and prosecutors....................................................................................... p. 20
V.A. Appointment and training...................................................................................... p. 20
V.B. Practice of the profession..................................................................................... p. 22
V.C. Disciplinary procedures......................................................................................... p. 23
VI. Lawyers............................................................................................................................. p. 24
VII. Alternative Dispute Resolution.......................................................................................... p. 27
VIII. Enforcement of court decisions....................................................................................... p. 29
VIII.A. Execution of decisions in civil matters................................................................. p. 29
VII.B. Enforcement of decisions in criminal matters........................................................ p. 31
IX. Notaries............................................................................................................................. p. 32
COUNTRY: |
National correspondent |
First Name – Name
Position
Organisation
Telephone
I. Demographic and economic data |
I. A. General information |
Number of inhabitants
Source
Total of annual State public expenditure / where appropriate, public expenditure at regional or federal entity level
State level €
Regional / entity level €
Source
Per capita GDP €
Source
Average gross annual salary €
Source
I. B. Budgetary data concerning judicial system |
Total annual budget allocated to all courts €
Source
Please specify:
Within this budget, can you isolate the following budgets and specify, if appropriate, their amount:
Yes Amount
Salaries? €
IT? €
Justice expenses borne
by the State? €
Source
Annual public budget spent on legal aid €
Source
If possible, please specify:
the annual public budget spent
on legal aid in criminal cases €
the annual public budget spent
on legal aid in other court cases €
Source
Annual public budget spent on prosecution system €
Source
Bodies formally responsible for budgets allocated to the courts:
Preparation of the budget (Yes/No) |
Adoption of the budget (Yes/No) |
Management and allocation of the budget among courts (Yes/No) |
Evaluation of the use of the budget (Yes/No) |
|
Ministry of Justice |
||||
Other ministry. Please specify |
||||
Parliament |
||||
Supreme Court |
||||
Judicial Council |
||||
Courts |
||||
Inspection body. Please specify. |
||||
Other. Please specify |
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your budgetary system
II. Access to Justice and to all courts |
II. A. Legal aid |
Does legal aid concern:
Criminal cases |
Other than criminal cases |
|
Representation in court (Yes/No) |
||
Legal advice (Yes/No) |
||
Other (Yes/No). Please specify |
Number of legal aid cases:
total
criminal cases
other than criminal cases
Source
In a criminal case, can any individual who does not have sufficient financial means be assisted by a free of charge (or financed by public budget) lawyer?
Yes No
Does your country have an income and asset test for granting legal aid:
No Yes/Amount
for criminal cases?
for other than criminal cases?
Source
In other than criminal cases, is it possible to refuse legal aid for lack of merit of the case (for example for frivolous action)?
Yes No
If yes, is the decision taken by: Yes
the court?
a body external to the court?
a mixed decision-making body (court and external)?
In general are litigants required to pay a court tax or fee to start a proceeding at a court of general jurisdiction:
Yes No
for criminal cases?
for other than criminal cases?
If yes, are there exceptions?Please specify:
Is there a private system of legal expense insurance for individuals in order to finance legal proceedings to court?
No
Yes Please specify:
Do judicial decisions have an impact on who bears the legal costs which are paid by the parties during the procedure in:
Yes No
criminal cases?
other than criminal cases?
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your legal aid system
II. B. Users of the courts and victims |
II. B. 1. Rights of the users and victims |
Are there official internet sites/portals (e.g. Ministry of Justice, etc.) for the following, which the general public may have free of charge access to:
Yes No
legal texts (e.g. codes, laws, regulations, etc.)?
Internet address(es):
case-law of the higher court/s?
Internet address(es):
other documents (for examples legal forms)?
Internet address(es):
Is there an obligation to provide information to the parties concerning the foreseeable timeframe of the proceeding?
Yes No
If yes, please specify:
Is there a public and free-of-charge specific information system to inform and to help victims of crimes?
Yes No
Are there special arrangements to be applied, during judicial proceedings, to the following categories of vulnerable persons:
Information mechanism (Yes/No) |
Hearing modalities (Yes/No) |
Procedural rights (Yes/No) |
Other (Yes/No). Please specify |
|
Victims of rape |
||||
Victims of terrorism |
||||
Child/Witness/ Victim |
||||
Victims of domestic violence |
||||
Ethnic minorities |
||||
Disabled persons |
||||
Juvenile offenders |
||||
Other |
Does your country have compensation procedure for victims of crimes?
Yes No
If yes, does this compensation procedure consist in:
Yes
a public fund?
a court order?
private fund?
If yes, which kind of cases does this procedure concern?
For victims, are there studies to evaluate the recovery rate of the compensation awarded by courts?
No
Yes Please specify:
II. B.2. Confidence of citizens in their justice system |
Is there a system for compensating users in the following circumstances:
Yes No
excessive length of proceedings?
wrongful arrest?
wrongful condemnation?
If yes, please specify (fund, daily tariff):
Does your country have surveys on users or legal professionals (judges, lawyers, officials, etc.) to measure public trust and satisfaction with the services delivered by the judiciary system?
Yes No
If possible, please specify their titles, how to find these surveys, etc:
If yes, please specify:
Trough systematic surveys (Yes/No) |
Through ad hoc surveys (Yes/No) |
|
Surveys at national level |
||
Surveys at court level |
Is there a national or local procedure for making complaints about the performance of the judicial system?
Yes No
If yes, please specify:
Time limit to respond (Yes/No) |
Time limit for dealing with the complaint (Yes/No) |
|
Court concerned |
||
Higher court |
||
Ministry of Justice |
||
High Council of Justice |
||
Other external organisations (e.g. Ombudsman) |
Can you give information elements concerning the efficiency of this complaint procedure?
III. Organisation of the court system |
III. A. Functioning |
Total number of courts (administrative structure):
first instance courts of general jurisdiction
Source
specialised first instance courts
Source
Please specify the different areas of specialisation (and, if possible, the number of courts concerned):
Total number of courts(geographic locations)
Source
Number of first instance courts competent for a case concerning:
a debt collection for small claims
Please specify what is meant by small claims in your country:
a dismissal
a robbery
Number of professional judges sitting in courts
(present the information in full time equivalent and for permanent posts)
Source
Number of professional judges sitting in courts on an occasional basis and who are paid as such:
gross figure
if possible, in full time equivalent
Source
Please specify:
Number of non-professional judges (including lay judges) who are not remunerated but who can possibly receive a simple defrayal of costs
Source
Please specify:
Does your judicial system include trial by jury with the participation of citizens?
No
Yes For which type of case(s)?
If possible, number of citizens who were involved in such juries for the year 2004?
Number of non-judge staff who are working in courts
(present the information in full time equivalent and for permanent posts)
Source
If possible, could you distribute this staff according to the 3 following categories:
non-judge staff whose task is to assist the judges (case file preparation, assistance during the hearing, keeping the minutes of the meetings, helping to prepare the decisions) such as registrars:
staff in charge of different administrative tasks as well as of the management of the courts (human resources management, material and equipment management, including computer systems, financial and budgetary management, training management):
technical staff:
In courts, do you have non-judge staff entrusted with judicial or quasi-judicial tasks having autonomous competence and whose decisions could be subject to appeal (such as German and Austrian Rechtspfleger):
No
Yes Number of staff
Number of public prosecutors
(present the information in full time equivalent and for permanent posts)
Source
Do you have persons who have similar duties as public prosecutors?
No
Yes Please specify:
Is the status of prosecutors:
Yes
independent within the judiciary?
independent from the judiciary ?
under the authority of the Ministry of Justice?
Number of staff (non prosecutors) attached to the public prosecution service
(present the information in full time equivalent and for permanent posts)
Source
Who is entrusted with the individual court budget?
Preparation of the budget (Yes/No) |
Arbitration and allocation (Yes/No) |
Day to day management of the budget (Yes/No) |
Evaluation and control of the use of the budget (Yes/No) |
|
Management Board |
||||
Court President |
||||
Court administrative director |
||||
Head of the court clerk office |
||||
Other. Please specify |
In general, do the courts in your country have computer facilities?
Yes No
What are the computer facilities used within the courts?
Functions |
Facilities |
100% of courts |
+50% of courts |
-50% of courts |
- 10 % of courts |
Direct assistance to the judge/court clerk |
Word processing |
||||
Electronic data base of jurisprudence |
|||||
Electronic files |
|||||
|
|||||
Internet connection |
|||||
Administration and management |
Case registration system |
||||
Court management information system |
|||||
Financial information system |
|||||
Communication between the court and the parties |
Electronic forms |
||||
Special Website |
|||||
Other electronic communication facilities |
Source
Is there a centralised institution which is responsible for collecting statistical data regarding the functioning of the courts and judiciary?
No
Yes Please specify the name and the address of this institution:
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your judicial system
III. B. Monitoring and evaluation |
Are the courts required to prepare an annual activity report?
Yes No
Do you have a regular monitoring system of court activities concerning the:
Yes No
number of incoming cases?
number of decisions?
number of postponed cases?
length of proceedings?
other?
Please specify:
Do you have a regular evaluation system of the performance of the court?
No
Yes Please specify:
Concerning court activities, have you defined:
performance indicators? Yes No
Please specify the 4 main indicators for a proper functioning of justice:
targets? Yes No
Please specify who is responsible for setting the targets:
Yes
- executive power?
- legislative power?
- judicial power?
- other? Please specify:
Please specify the main objectives applied:
Source
Which authority is responsible for the evaluation of the performances of the courts:
Yes
the High Council of judiciary?
the Ministry of justice?
an Inspection body?
the Supreme Court?
an external audit body?
other? Please specify:
Does the evaluation system include quality standards concerning judicial decisions?
No
Yes Please specify:
Source
Is there a system enabling to measure the backlogs and to detect the cases which are not processed within an acceptable timeframe for:
Yes No
civil cases?
criminal cases?
administrative cases?
Do you have a way of analysing queuing time during court procedures?
No
Yes Please specify:
Do you monitor and evaluate the performance of the prosecution services?
No
Yes Please specify:
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your court monitoring and evaluation system
IV. Fair trial |
IV. A. Fundamental principles |
Is there in your judicial system:
a right for an interpreter for all those within your jurisdiction who cannot understand or speak the language used in court?
Yes No
the right to have reasons given for all prisons sentences?
Yes No
for all cases, an effective remedy to a superior jurisdiction?
Yes No
Which is the percentage of judgements in first instance criminal cases in which the suspect is not actually present or represented?
Source
Is there a procedure to effectively challenge a judge if a party consider he/she is not impartial?
No
Yes If possible, number of successful challenges (in a year):
Please give the following data 2003 and 2004 concerning the number of cases regarding the violation of Article 6 of the European Convention of Human Rights:
Cases communicated by the Court |
Cases declared inadmissible by the Court |
Friendly settlements |
Judgements establishing a violation |
Judgements establishing a non violation |
|||||||
2003 |
2004 |
2003 |
2004 |
2003 |
2004 |
2003 |
2004 |
2003 |
2004 |
||
Criminal proceedings |
Article 6§1 (equity) |
||||||||||
Article 6§1 (duration) |
|||||||||||
Article 6§2 |
|||||||||||
Article 6§3a |
|||||||||||
Article 6§3b |
|||||||||||
Article 6§3c |
|||||||||||
Article 6§3d |
|||||||||||
Article 6§3e |
|||||||||||
Civil proceedings |
Article 6§1 (equity) |
||||||||||
Article 6§1 (duration) |
|||||||||||
Article 6§1 (non execution only) |
Source
IV.B. Timeframes of proceedings |
IV. B. 1. General |
Are there specific procedures for urgent matters in:
Yes No
civil cases?
criminal cases?
administrative cases?
Are there simplified procedures for:
Yes No
civil cases (small claims)?
criminal cases (petty offences)?
administrative cases?
Is it possible for a second instance court to send back a case to a first instance court for a new examination?
Yes No
Do courts and lawyers have the possibility to conclude agreements on modalities for processing cases (presentation of files, binding timeframes for lawyers to submit their conclusions and dates of hearings)?
No
Yes Please specify:
IV. B. 2. Civil and administrative cases
Total number of civil cases in courts (litigious and not litigious):
Please specify the main types of cases:
Source
Litigious administrative and civil cases in courts – please complete this table concerning the number of cases/length of proceedings/pending cases and specify definitions of incoming cases, starting and ending point of length and pending cases:
Civil cases |
Administrative cases |
Divorce |
Employment dismissal |
||
Total number (1st instance) |
Incoming cases |
||||
Decisions on the merits |
|||||
Percentage of decisions subject to appeal in a higher court |
|||||
Pending cases by 1 January 2005 |
|||||
Percentage of pending cases of more than 3 years |
|||||
Average length (from date of lodging of court proceedings*) |
1st instance decisions |
||||
2nd instance decisions |
|||||
Total procedure |
* If you cannot calculate the average length from the date of lodging of court proceedings, how do you calculate length of proceedings?
Where appropriate, please specify the specific procedure as regards divorce:
Source
IV. B. 3. Criminal cases
Please describe the role and powers of the prosecutor in the criminal procedure:
Yes No
to conduct or supervise police investigation?
to conduct investigation?
when necessary, to demand investigation
measures from the judge?
to charge?
to present the case in the court?
to propose a sentence to the judge?
to appeal?
to supervise enforcement procedure?
to end the case by dropping it without the
need for a judicial decision?
to end the case by imposing or negotiating
a penalty without a judicial decision?
other significant powers?
Please specify:
Does the prosecutor also have a role in civil and/or administrative cases?
No
Yes Please specify:
Functions of the public prosecutor in relation to criminal cases– please complete this table:
Total number of 1st instance criminal cases |
||
Received by the public prosecutor |
||
Discontinued by the public prosecutor |
In general |
|
Because the offender could not be identified |
||
Due to the lack of an established offence or a specific legal situation |
||
Concluded by a penalty, imposed or negotiated by the public prosecutor |
||
Charged by the public prosecutor before the courts |
Source
Criminal cases in courts – please complete this table concerning the number of cases/length of proceedings/pending cases and specify definitions of incoming cases, starting and ending point of length and pending cases:
Criminal cases |
Robbery cases |
Intentional homicides |
||
Total number (1st instance) |
Incoming cases |
|||
Judicial decisions |
||||
Convicted persons |
||||
Acquitted persons |
||||
Percentage of decisions subject to appeal in a higher court |
||||
Pending cases by 1 January 2005 |
||||
Percentage of pending cases of more than 3 years |
||||
Average length*(from the date of official charging) |
1st instance decision |
|||
2nd instance decision |
||||
Total procedure |
* If you cannot calculate the average length from the date of official charging, how do you calculate length of proceedings?
Source
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your system concerning timeframes of proceedings
V. Career of judges and prosecutors |
V. A. Appointment and training |
Are judges initially/at the beginning of their carrier recruited and nominated by:
Yes
a body composed of members of the judiciary?
a body composed of members external to the judiciary?
a body composed of members of the judiciary and
external to the judiciary?
Are prosecutors initially/at the beginning of their carrier recruited and nominated by:
Yes
a body composed of members of the prosecution system?
a body composed of members external to the prosecution
system?
a body composed of members of the prosecution system
and external to the prosecution system?
Is the mandate given for an undetermined period for:
Yes No
judges?
prosecutors?
Are there exceptions ? Please specify:
If no, what is the length of the mandate: Is it renewable?
Yes No
of judges?
of prosecutors?
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of the selection and nomination procedure of judges and prosecutors
Nature of the training of judges:
Compulsion (Yes/No) |
Frequency (Yes/No) |
|||
Initial training |
Compulsory |
|||
Highly recommended |
||||
Optional |
||||
General in-service training |
Compulsory |
Annual |
||
Highly recommended |
Regular |
|||
Optional |
Occasional |
|||
In-service training for specialised functions (e.g. judge for economic or administrative issues) |
Compulsory |
Annual |
||
Highly recommended |
Regular |
|||
Optional |
Occasional |
|||
In-service training for specific functions (e.g. head of court) |
Compulsory |
Annual |
||
Highly recommended |
Regular |
|||
Optional |
Occasional |
Nature of the training of prosecutors:
Compulsion (Yes/No) |
Frequency (Yes/No) |
|||
Initial training |
Compulsory |
|||
Highly recommended |
||||
Optional |
||||
General in-service training |
Compulsory |
Annual |
||
Highly recommended |
Regular |
|||
Optional |
Occasional |
|||
Specialised in-service training |
Compulsory |
Annual |
||
Highly recommended |
Regular |
|||
Optional |
Occasional |
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of of your training system for judges and prosecutors
V. B. Practice of the profession |
Gross annual salary of a first instance professional judge at the beginning of his/her career €
Source
Gross annual salary of a judge of the Supreme Court or of the highest appellate court €
Source
Gross annual salary of a public prosecutor at the beginning of his/her career
€
Source
Gross annual salary of a public prosecutor of the Supreme Court or of the highest appellate court €
Source
Do judges and public prosecutors have additional benefits?
Judges (Yes/No) |
Public prosecutors (Yes/No) |
|
Reduced taxation |
||
Special pension |
||
Housing |
||
Other financial benefit (If yes, please specify) |
Can judges or prosecutors combine their work with any of the following other professions?
Judges |
Prosecutors |
|||||
Yes with remuneration |
Yes without remuneration |
No |
Yes with remuneration |
Yes without remuneration |
No |
|
Teaching |
||||||
Research and publication |
||||||
Arbitrator |
||||||
Consultant |
||||||
Cultural function |
||||||
Other function to specify |
Do judges receive bonus based on the fulfilment of quantitative objectives relating to the delivering of judgments?
No
Yes Please specify:
V. C. Disciplinary procedures
Types of disciplinary proceedings and sanctions against judges and prosecutors:
Judges |
Prosecutors |
||
Reasons for disciplinary procedures |
Total number |
||
Breach of professional ethics (Yes/No) If yes, please specify the number |
|||
Professional inadequacy (Yes/No) If yes, please specify the number |
|||
Criminal offence (Yes/No) If yes, please specify the number |
|||
Other (Yes/No) If yes, please specify |
|||
Types of sanctions |
Total number |
||
Reprimand (Yes/No) If yes, please specify the number |
|||
Suspension (Yes/No) If yes, please specify the number |
|||
Dismissal (Yes/No) If yes, please specify the number |
|||
Fine (Yes/No) If yes, please specify the number |
|||
Other (Yes/No) If yes, please specify |
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your system concerning disciplinary procedures for judges and prosecutors
|
VI. Lawyers |
Number of lawyers practising in your country
Source
Does this figure include legal advisors (solicitors or in-house counsellor) who cannot represent their clients in court?
Yes No
Do lawyers have a monopoly of representation:
Monopoly (Yes/No) |
If no, possible representation by (Yes/No) |
|||
Civil cases* |
Member of family |
|||
Trade Union |
||||
NGO |
||||
Other |
||||
Criminal cases* |
Defendant |
Member of family |
||
Trade Union |
||||
NGO |
||||
Other |
||||
Victim |
Member of family |
|||
Trade Union |
||||
NGO |
||||
Other |
||||
Administrative cases* |
Member of family |
|||
Trade Union |
||||
NGO |
||||
Other |
* If appropriate, please specify if it concerns first instance and appeal.
Is the lawyer profession organised through?
Yes
a national bar?
a regional bar?
a local bar?
Please specify:
Is there a specific initial training or examination to enter the profession of lawyer?
Yes No
Is there a mandatory general system for lawyers requiring continuing professional development?
Yes No
Is the specialisation in some legal fields tied with a specific level of training/ qualification/ specific diploma or specific authorisations?
No
Yes Please specify:
Can users establish easily what the lawyers’ fees will be?
Yes No
Are lawyers fees:
Yes
regulated by law?
regulated by Bar association?
freely negotiated?
Have quality standards been formulated for lawyers?
Yes No
If yes, who is responsible for formulating these quality standards:
Yes
the bar association?
the legislature?
other? Please specify:
Is it possible to complain about :
the performance of lawyers? No
Yes Please specify:
the amount of fees? Yes No
Disciplinary proceedings and sanctions against lawyers:
Yes /No (If yes, please specify the annual number) |
|||
Reasons for disciplinary proceedings |
Breach of professional ethics |
||
Professional inadequacy |
|||
Criminal offence |
|||
Other |
|||
Type of sanctions |
Reprimand |
||
Suspension |
|||
Removal |
|||
Fine |
|||
Other |
Who is the authority responsible for the disciplinary procedures:
Yes
a professional body? Please specify:
the judge?
the Ministry of justice?
other? Please specify:
|
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your system concerning the organisation of the Bar
VII. Alternative Dispute Resolution |
If appropriate, please specify, by type of cases, the organisation of the judicial mediation:
Compulsion (Yes/No) |
Body providing mediation (Yes/No) |
||||
Civil cases |
Compulsory stage prior to court proceedings |
Private mediator |
|||
Public or authorised by court body |
|||||
Court |
|||||
Compulsory stage in court proceedings |
Judge |
||||
Ordered by judge in certain cases |
Prosecutor |
||||
Family cases |
Compulsory stage prior to court proceedings |
Private mediator |
|||
Public or authorised by court body |
|||||
Court |
|||||
Compulsory stage in court proceedings |
Judge |
||||
Ordered by judge in certain cases |
Prosecutor |
||||
Administrative cases |
Compulsory stage prior to court proceedings |
Private mediator |
|||
Public or authorised by court body |
|||||
Court |
|||||
Compulsory stage in court proceedings |
Judge |
||||
Ordered by judge in certain cases |
Prosecutor |
||||
Employment dismissals |
Compulsory stage prior to court proceedings |
Private mediator |
|||
Public or authorised by court body |
|||||
Court |
|||||
Compulsory stage in court proceedings |
Judge |
||||
Ordered by judge in certain cases |
Prosecutor |
||||
Criminal cases |
Compulsory stage prior to court proceedings |
Private mediator |
|||
Public or authorised by court body |
|||||
Court |
|||||
Compulsory stage in court proceedings |
Judge |
||||
Ordered by judge in certain cases |
Prosecutor |
Can you provide information about accredited mediators?
Can you provide information about the total number of mediation procedure concerning:
civil cases?
family cases?
administrative cases?
employment dismissals?
criminal cases?
Source
Can you give information concerning other alternative dispute resolution (e.g. Arbitration)? Please specify:
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your system concerning ADR
VIII. Enforcement of court decisions |
VIII. A. Execution of decisions in civil matters |
Are enforcement agents:
Yes
judges?
bailiff practising as private profession ruled by
public authorities?
bailiff working in a public institution?
other enforcement agents?
Please specify their status:
Number of enforcement agents
Source
Is there a specific initial training or examination to enter the profession of enforcement agent?
Yes No
Is the profession of enforcement agent organised by?
Yes
a national body?
a regional body?
a local body?
Can users establish easily what the fees of the enforcement agents will be?
Yes No
Are enforcement fees:
Yes
regulated by law?
freely negotiated?
Is there a body entrusted with the supervision and the control of the enforcement agents?
No
Yes Which authority is responsible for the supervision and the control of enforcement agents:
Yes
a professional body?
the judge?
the Ministry of justice?
the prosecutor?
other?
Please specify:
Have quality standards been formulated for enforcement agents?
No
Yes Who is responsible for formulating these quality standards?
Source
What are the main complaints of users concerning the enforcement procedure:
Yes No
no execution at all?
lack of information?
excessive length?
unlawful practices?
insufficient supervision?
excessive cost?
other?
Source
Does your country prepared or has established concrete measures to change the situation concerning the enforcement of court decisions?
No
Yes Please specify:
Is there a system measuring the timeframes of the enforcement of decisions :
Yes No
for civil cases?
for administrative cases?
As regards a decision on debts collection, can you estimate the average timeframe to notify the decision to the parties which live in the city where the court seats:
Yes
between 1 and 5 days
between 6 and 10 days
between 11 and 30 days
more: please specify
Source
Disciplinary proceedings and sanctions against enforcement agents:
Yes /No (If yes, please specify the total number) |
||
Disciplinary proceedings |
Breach of professional ethics |
|
Professional inadequacy |
||
Criminal offence |
||
Other |
||
Sanctions |
Reprimand |
|
Suspension |
||
Dismissal |
||
Fine |
||
Other |
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You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your enforcement system of decisions in civil matters
VIII. B. Enforcement of decisions in criminal matters
Is there a judge who has in charge the enforcement of judgments?
Yes Please specify his/her functions and activities (e.g. Initiative or control functions):
No Please specify which authority is entrusted with the enforcement of judgements (e.g prosecutor):
As regards fines decided by a criminal court, are there studies to evaluate the effective recovery rate?
No
Yes Please specify:
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You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your enforcement system of decisions in criminal matters
IX. Notaries |
Is the status of notaries:
Yes Number
a private one?
a status of private worker ruled by the public authorities?
a public one?
other?
Please specify:
Source
Do notaries have duties:
Yes No
within the framework of civil procedure?
in the field of legal advice?
to authenticate legal deeds?
other?
If yes, please specify:
Is there a body entrusted with the supervision and the control of the notaries?
No
Yes Which authority is responsible for the supervision and the control of the notaries:
Yes
a professional body?
the judge?
the Ministry of justice?
the prosecutor?
other? Please specify:
***
You can indicate below:
any useful comments for interpreting the data mentioned above
the characteristics of your system of notaries
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Please indicate main orientations for reform and concrete measures which could improve the quality and the efficiency of your judicial system: