May 26, 2012 "Improving the Performance of Justice Institutions: Recent Experiences from selected OECD countries relevant for Latin America" book launch Justice sector institutions across the world face the challenge of delivering better services to those seeking justice. Over the last two decades or so, courts in a number of OECD countries have increasingly focused on the users and adapted their judicial reform approaches using performance as an entry point. Initially, there was a strong focus on efficiency gains, but to a varying degree quality of justice is now part of performance measurement and management as well. This publication presents a selection of experiences from OECD countries in managing justice institutions which the authors found most relevant for performance improvement of their counterparts in Latin America.
The book provides an overview of the justice sector reform experience in Latin America over the last two decades, and how these reforms coincide with or follow OECD country trends. After presenting the more traditional approaches to judicial reform in OECD countries, the publication tracks the transition towards performance oriented reform approaches since the 1990s. It presents five major cases of reforms in public expenditure, human resources, and organizational restructuring in the justice sectors of different countries. The book concludes with some suggestions about areas where Latin American judiciaries may particularly benefit from experiences of OECD countries." January 12, 2011 ECA Justice Practice Group Learning Series: "Exploring the Potential and Limits of Cross-Country Justice Data: The 2010 Evaluation Report by the European Commission for the Efficiency of Justice (CEPEJ)" The European Commission for the Efficiency of Justice (CEPEJ) has recently published an updated, augmented, and improved 2010 version of "European Judicial Systems: Efficiency and Quality of Justice". It is based on 2008 data. The main findings of this 390 page report with cross-country data about and analysis of the functioning of the justice systems in 45 countries in Europe and Central Asia will be presented and discussed. The methodology developed by the CEPEJ to generate these data and the mechanisms used to ensure their quality will also be explained. As any such data-set, this report comes with some caveats, but it is an internationally unparalleled source of data. Its impact therefore goes far beyond Europe and Central Asia and the findings will be of interest for those working in other regions as well. As this is the 4th report since the initial 2004 report, some of the data now start allowing for comparing developments across countries over time. About the speaker: Mr. Georg Stawa from the Austrian Ministry of Justice is a member of the CEPEJ working group that has produced the 2010 report as well as the previous ones. He is also member of the CEPEJ bureau. In Austria, he is currently Head of Department at the Ministry of Justice (projects, strategy and innovation). March 2010 ECA Justice Practice Group Learning Series: The Justice Sector in Finland: Performance-based Budgeting and Performance Measurement On March 9, 2010, Amit Mukherjee, Co-Chair of the ECA-JPG, moderated a session with experts from Finland’s Ministry of Justice. Mr. Kari Kiesilainen, Director General for the Department of Judicial Administration in the Ministry of Justice in Finland, and Mr. Heikki Liljeroos, Head of the Unit of Judicial Administration in the Ministry of Justice in Finland, presented on the Finnish experience and good practices of performance-based budgeting and performance measurement in the justice sector. The discussion covered the overview and responsibilities of the administration in the Ministry of Justice and the introduction and process of the current budgeting and performance-measurement system in use in the Finnish justice sector. Specifically, the presenters highlighted the use of performance indicators and targets to promote the efficiency of the justice system. The presenters also honed in on the lessons learned from the implementation of the system and provide practitioners’ tips and advice for developing performance-based budgeting and measurement systems in the justice sector. In addition, the presenters brought to light the Quality Project in the Courts in the Jurisdiction of the Court of Appeal of Rovaniemi, Finland (QP) that has the objective to develop the functioning of the courts so that (i) the proceedings meet the strictest criteria of fairness; (ii) the decisions are well reasoned and justified; and so (iii) the services provided by the court are affordable to the individual customers. The use of benchmarks and assessment methods was also examined. The presentation was followed by Q&A. ECA Justice Practice Group Learning Series: Legal Transition Programs with the EBRD David Bernstein, Co-Chair of the ECA-JPG, hosted the Legal Transition team from the European Bank for Reconstruction and Development (EBRD) on March 4, 2010. The Legal Transition team spoke on their judicial capacity assessment work, technical assistance, mediation and court management activities, and judicial training programs. Michel Nussbaumer, Chief Counsel, Legal Transition and Knowledge Management Team, EBRD, and Alan Colman, Counsel, Legal Transition and Knowledge Management Team, EBRD, gave an overview of the EBRD’s role in supporting economically and environmentally sustainable legal reform in the areas crucial to investors and promoting international good practice by encouraging the implementation of legislation enhancing international investment. Michel Nussbaumer provided an insight to how the EBRD’s Legal Transition Program (LTP) works towards the development of sound legal rules, the establishment of the legal institutions and culture on which a vibrant market-oriented economy depends. Alan Colman outlined the EBRD’s judicial capacity work and plans for 2010 with examples of current projects. Alan explained the LTP’s work on (i) Standard Setting for Judicial Capacity; (ii) Assessments for Judicial Capacity using court surveys, data analysis, and self-assessments to develop technical cooperation with local authorities and demonstrate value; (iii) Technical Assistance for Judicial Capacity focusing on judicial education, court management, ADR; and (iv) Outreach programs. ECA Justice Practice Group Learning Series: Performance Budgeting in the Netherlands: Has it Improved Efficiency ? On March 2, 2010 a knowledge sharing event took place co-sponsored by the Public Sector Performance Global Expert Team (PSP GET) and the Europe and Central Asia Justice Practice Group (ECA-JPG). The objective was to familiarize members of the PSP GET, the ECA-JPG and World Bank staff with the Netherlands experience of how countries can improve justice sector service delivery through better budgeting and performance management. The main presenter, Professor Joop Pot, is currently a member of the Council for the Judiciary in the Netherlands where he focuses on the performance budgeting analysis for judicial allocations. Bill Dorotinsky, Co-Leader of the PSP GET, and Amit Mukherjee, Co-Chair of the ECA-JPG, moderated the session with World Bank staff participating from Headquarters. David Varela, Senior Public Sector Specialist, LCSPS, was the featured participant and provided comments to lead the discussion. The presentation given by Professor Pot focused on the performance budgeting approach that was introduced in the Netherlands judiciary in 2005. Professor Pot provide details of the: (i) facts and figures; (ii) the Council for the Judiciary; (iii) strategic approach used; (iv) court management structure; (v) budgeting; (vi) performance indicators; (vii) lessons learned; and (viii) future developments impacting the judiciary budget. The presentation was well received and provided fresh perspectives for public sector performance initiatives and justice reform projects at the World Bank. February 2010 ECA Justice Practice Group Learning Series: Designing, Financing & Constructing Judicial Infrastructure-Lessons from Spain On February 23, 2010 a knowledge sharing event took place with the objective to exchange experiences regarding the designing, financing and managing of judicial infrastructure in light of the fact that a large portion of Bank funds support judicial infrastructure activities in ECA’s justice sector investment operations. Fermín Vázquez, co-founder of b720 Architects, gave a presentation regarding the design, construction, and management of the City of Justice in Barcelona. He explained the steps and challenges of building the Barcelona City of Justice, a modern public complex consisting of a number of judicial institutions and buildings. David Bernstein, co-chair of the ECA-JPG, moderated the session with World Bank staff participating in the video-conference from Headquarters. Gerald Thacker and Eric Peterson, both Consultants in justice infrastructure, gave comments and led the discussion. Following the presentation, the Bank staff engaged in an interactive discussion where Fermín provided answers, guidance and advice to questions and comments. The discussion focused inter alia on the following: (i) the design, quality and the façade’s representation; (ii) the building process and the participation of multi-stakeholders in procedures and developments; (iii) the use of information technology (IT) and the use of flexibility for future growth and changes of function; (iv) space standards in procedural codes and laws influencing the construction of the project; and (v) security in the technical design. In addition, Fermín provided a description of the process of private concession financing used to fund the construction of the Barcelona complex. The presentation brought to light practical issues similar to those experienced in the World Bank’s judicial infrastructure activities and provided possible approaches. October 2009 ECA Justice Practice Group Learning Series: World Bank-UN Rule of Law Workshop A World Bank-UN Knowledge Workshop on Rule of Law Support was held September 30-October 1, 2009 in New York. Organized by the ECA Justice Practice Group (ECA-JPG) and the UN Rule of Law Unit (RLU) in the Executive Office of the Secretary-General, the Workshop examined issues and challenges in (i) promoting Rule of Law reform; (ii) rule of law work in fragile and post conflict settings; (iii) strengthening access to justice and service delivery; and (iv) developing actionable performance indicators for the justice sector. Bank staff and managers (from LEGJR, LEGEM, LEGES, ECSPE, AFTPR, LCSPS, StAR) and UN colleagues from UNDP, UNIFEM, UNODC, UNHCHR, DPO and UNHCR openly shared lessons learned, work programs, ways to collaborate more effectively, and identified concrete next steps to increase World Bank-UN collaboration and coordination on the ground. Ferid Belhaj, World Bank Special Representative to the UN (and CD-designate for Timor-Leste, Papua New Guinea & the Pacific Islands) mentioned in his closing remarks that this was the first joint Workshop on such an important theme, and should be followed up by more such gatherings. Jamal Benomar, Director, RLU expressed satisfaction that the Workshop was a specific outcome of his outreach to the World Bank earlier this year and his subsequent discussions with the ECA-JPG, and stressed the need for subsequent thematically focused follow-up workshops. ECA Justice Practice Group Learning Series: The European Union and the Rule of Law – Applying Different Standards ? On October 15, 2009, David Bernstein, Co-Chair of the ECA-JPG, chaired a Learning Event on how the European Union (EU) defines and uses the concept of the Rule of Law in policy. Dr. Erik O. Wennerström, Senior Legal Adviser with the Swedish Ministry of Foreign Affairs, presented on the topic for internal Bank staff. Dr. Wennerström has a background with the European Commission, has assisted in the screening and support of the Candidate Countries of Central and Eastern Europe 1996-2000 in the area of Justice and Home Affairs, and the Swedish Ministries for Foreign Affairs and Justice, and has been an adviser to countries seeking membership of the European Union on rule of law matters. The speaker compared how the EU uses the term "Rule of Law" in different situations, identified great variations of its use, as well as underscored the impact and weight when applying it to policy.
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