 Transition countries in ECA differ significantly among themselves not only in the specific problems they face, but also in both judicial capacity and in the “demand” for well-functioning judiciaries. Both demand and capacity are related to the extent of economic reform and the per capita income in the country. However, in this area, even current public demands are not being met.
Surveys in the ‘90s showed that less than half of the citizens in transition countries said that they trusted the courts. And, while many aspects of the business environment have improved over the years, only about one-quarter of 6,000 firms surveyed in 26 transition countries in 2002 viewed the courts as fair or honest.
Much of this is because judicial systems are weak. Surveys in the region show that less overall progress has been made in reforming and strengthening the judiciary than in almost any other area of policy or institutional reform since 1990.
Evolving Independence
In many countries, the judiciary’s independence from the executive is still evolving. The selection and disciplining of judges and case assignment still remain subject to political influence. Most courts have little influence over their budget allocation and expenditure. The basic infrastructure is poor, case management and record keeping is weak, and public access to information is limited.
A large range of reforms is necessary to deliver legal services that are transparent, affordable, and reliable. New systems and structures have to be set up to create independent yet accountable judicial bodies. Alternative means of resolving disputes like arbitration and mediation need to be introduced. The physical and technological infrastructure of courts needs to be upgraded. Judges, lawyers, court clerks, magistrates, bailiffs, and other judicial personnel need to be trained to operate with a new perspective and new tools. To meet growing demands, the quality and capacity of the institutions that train people for these professions has to be enhanced.
The challenges are substantive and many. They will have to be met if the legal and judicial institutions in the region are to realize their fundamental objective of promoting and sustaining just and equitable societies.
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