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Reforming Eastern Europe and Central Asia's legal systems

July 11, 2001At a regional conference on legal and judicial reform in St. Petersburg, the World Bank on Wednesday called on leading reformers across the Europe and Central Asia Region (ECA) to examine the complex and difficult issues still confronting legal and judicial reform, and to develop plans and identify priorities that will help overcome those challenges.

"It is quite clear now, a decade later, that the countries of the region need to focus much more effort, not only on ensuring the development of clear and comprehensive legislation, but also on strengthening the capacity, independence, and accountability of the judicial system necessary to interpret and enforce the law," said Johannes Linn, World Bank Vice President for the Europe and Central Asia Region. "This is critical to lay the foundation for investment and growth in these transition countries that have been lagging behind." 

Systemic legal and judicial reform requires fundamental reforms of key institutionsa process that takes time and requires considerable commitment from the countries themselves. Where there is commitment, donors can help in the judicial reform process and contribute to education and outreach efforts.

The World Bank and partners in the donor community have been involved in the legal and judicial reform process and it is crucial that they work together with the countries of the region to ensure that the system created is fair and far-reaching. It must not only serve elites; access to justice, and educating the public about their rights are also key concerns that need addressing.

For example, in Armenia and Georgia, there are a variety of donors assisting the local comprehensive judicial reform process including the establishment of a new court administration system, strengthening of the enforcement function, upgrading the institutes responsible for judicial training, implementing a professional public information campaign to communicate new roles and responsibility in the justice systems.

 The World Bank is also involved in assisting new judiciaries in Bulgaria, Kazakhstan, Croatia and in Albania and Georgia, the Bank has been involved in the difficult process of recertification of judges. In Russia, the Russian Foundation for Legal Reformfunded through a Bank loanhas been instrumental in developing textbooks and educating the public concerning the rule of law. The Foundation has also helped make the law more accessible, through its support of public interest law centers around the country.

The most important challenge of the countries of the region and its partners in the donor community is to identify and prioritize the challenges ahead in legal and judicial reform. The first steps in this process include establishing an independent yet accountable judiciary; ensuring that the judicial system is accessible to all parts of society; and ensuring that the institutions that provide legal education support a fair legal and judicial system. Combating corruption is another vital concern. It has marred the transition process overall and must be a key priority in the reform process.

"Law reform is a complex and long-term process and we are in it for the long-haul. This conference is a step in the process, and we hope to work with the countries of the Region and with partners in the donor community to further identify specific steps necessary to implement true legal and judicial reform," said Linn. 

Useful links: Legal and Judicial Reform website.

 

 





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