Naslov
Efficiency of European Justice Systems. The strength and weaknesses of the CEPEJ evaluations

Autori
Uzelac, Alan

Izvornik
International Journal of Procedural Law (2034-5275) 1 (2011), 1; 106-146

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
CEPEJ; efficiency; European justice systems; evaluation

Sažetak
The collection of empirical data on the functioning of national judicial systems is becoming ever more important for comparative civil procedure scholarship. Sources of information on the structural components of European judiciaries were rather limited until the establishment of the CEPEJ (European Commission for the Efficiency of Justice). In this paper, the author seeks to draw conclusions from the four evaluation rounds conducted on a biennial basis during 2004 to 2010. The paper focuses on the ‘inputs’ and ‘outputs’ in the national justice systems, in order to find out whether there is a direct relationship between investment in judiciaries (in terms of court budgets, number of judges and their salaries) and the resulting operation of the justice system. Among the results, data collected on the number of processed cases and the length of proceedings in different European countries is analysed. The author, due to the nature of the results found, limits the comparative analysis of justice systems to preliminary findings only. Relying, inter alia on European Court of Human Rights’ jurisprudence regarding excessive length of proceedings, the results show that ‘outputs’ do not always match ‘inputs’. In fact, the CEPEJ data indicates that those judicial systems with the largest number of judges and lawyers per capita are at the same time those with the gravest systemic problems, e.g., those systems which experience the most severe difficulties in safeguarding the provision of a fair trial within a reasonable time. In conclusion, further interdisciplinary in-depth research is encouraged. While it acknowledges the CEPEJ’s contribution to comparative research of European judicial system, the paper highlights a number of challenges and difficulties which may affect its work in the future.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA