Court performance around the world: a comparative by Maria Dakolias

By Maria Dakolias

"Many international locations are venture criminal and judicial reforms as a part of their total improvement courses; there's expanding attractiveness that financial and social growth calls for consolidation of democracy in addition to admire for the rule of thumb of legislations and human rights; with out those improvement isn't sustainable." Many constructing nations locate that their judiciaries are inconsistent in clash answer and hold a wide backlog of circumstances, therefore stifling private-sector progress, eroding person and estate rights, and maybe even violating human rights. Delays have an effect on either the equity and the potency of the process. They hamper the public's entry to the courts, which, in impression, weakens democracies, the guideline of legislations and the facility to implement human rights. This paper goals to explain and clarify the functionality of courtroom platforms in a pattern of constructing and built nations so one can supply info to these designing or comparing reforms. The examine additionally seeks to teach parts during which overseas comparability of judicial functionality will be fruitful, suggesting signs that may be utilized in such comparisons. ultimately, it endeavors to supply comparisons of functionality inside of person international locations through the years.

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6 Despite this growing demand, there is, nevertheless, little quantitative data on judicial efficiency currently availablemaking assessment of judicial reforms difficult. There are two primary reasons for this. First, national judiciaries were not historically concerned with performance data; they are only now beginning to gather relevant information on a systematic basis. Second, comparative law scholars have not tended to show an interest in quantitative data on judicial efficiency, preferring qualitative comparisons instead.

A Government must ensure that it has an effective system of property, contract, labor, bankruptcy, commercial codes, personal rights law and other elements of a comprehensive legal system that is effectively, impartially and cl eanly administered by a well-functioning, impartial and honest judicial and legal system. The President's statement succinctly explains the World Bank's increasing concern with legal and judicial reform programs in its borrowing member countries. Experience has shown that such reforms are critical for the success of the economic adjustment and development process.

Significantly, the European Union (EU) includes human rights, democracy and rule of law clauses in its development cooperation agreements. As established in a recent decision of the Court of Justice of the European Community, the EU has the ability to suspend such agreements for violations of human rights. See Portuguese Republic v. J I-6207; See also Juliane Kokott & Frank Hoffmeister, Portuguese Republic v. Council, 92 AM. J. INT'L L. 292, 295 (1998) (noting the Court's observation that a human rights clause may be important for the exercise of the right to suspend the agreement in the case of grave violations of human rights).

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