This special issue investigates the role and influence of judicial assistants/law clerks, in different legal systems and of secretaries in arbitral tribunals in Europe. The authors, which have backgrounds in sociology, law, political science, economics and the practice of arbitral tribunals, present original research based on empirical studies using various methods, such as experiments, interviews and analyses of statistical data.
{"title":"Empirical Studies on the Role and Influence of Judicial Assistants and Tribunal Secretaries","authors":"A. Sanders, N. Holvast","doi":"10.36745/ijca.359","DOIUrl":"https://doi.org/10.36745/ijca.359","url":null,"abstract":"This special issue investigates the role and influence of judicial assistants/law clerks, in different legal systems and of secretaries in arbitral tribunals in Europe. The authors, which have backgrounds in sociology, law, political science, economics and the practice of arbitral tribunals, present original research based on empirical studies using various methods, such as experiments, interviews and analyses of statistical data.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":"11 1","pages":"1-3"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69735760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Scholars have identified four primary types of justice: distributive, procedural, interpersonal, and informational. These four types of justice correspond, respectively, to the perceived fairness of one’s outcomes, to the perceived fairness of the procedures used to determine one’s outcomes, to the degree to which people are treated with dignity and respect, and to whether individuals receive complete, truthful, and timely explanations of procedures and decisions. A significant amount of criminal justice research has examined how perceptions of justice affect attitudes and behavior (Denver 2011). Understanding how district attorneys view justice gives insight into the decisions they make including how to dispose of cases, what charges to bring against defendants, what sentences to recommend, and even how victims should be treated throughout the court process. As noted by Colquitt (2001), a large number of studies have sought to link justice perceptions to a variety of organizational outcomes, including job satisfaction, organizational commitment, withdrawal, and organizational citizenship behavior (p. 425). Nonetheless, the extant literature is lacking on conceptualizations of justice related to jury trials. Since ensuring that justice prevails is the primary responsibility of the district attorney (Felkenes 1975), this study seeks to examine district attorneys’ perceptions of justice resulting from the use of jury trials.
{"title":"An Examination of How District Attorneys Perceive Justice.","authors":"Jackie Chavez, S. Mathers","doi":"10.18352/IJCA.257","DOIUrl":"https://doi.org/10.18352/IJCA.257","url":null,"abstract":"Scholars have identified four primary types of justice: distributive, procedural, interpersonal, and informational. These four types of justice correspond, respectively, to the perceived fairness of one’s outcomes, to the perceived fairness of the procedures used to determine one’s outcomes, to the degree to which people are treated with dignity and respect, and to whether individuals receive complete, truthful, and timely explanations of procedures and decisions. A significant amount of criminal justice research has examined how perceptions of justice affect attitudes and behavior (Denver 2011). Understanding how district attorneys view justice gives insight into the decisions they make including how to dispose of cases, what charges to bring against defendants, what sentences to recommend, and even how victims should be treated throughout the court process. As noted by Colquitt (2001), a large number of studies have sought to link justice perceptions to a variety of organizational outcomes, including job satisfaction, organizational commitment, withdrawal, and organizational citizenship behavior (p. 425). Nonetheless, the extant literature is lacking on conceptualizations of justice related to jury trials. Since ensuring that justice prevails is the primary responsibility of the district attorney (Felkenes 1975), this study seeks to examine district attorneys’ perceptions of justice resulting from the use of jury trials.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42302265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article deals with the problems concerning the independence of the judiciary in Italy. First of all, it analyzes the historical causes that characterize the current Italian situation: the condition of the judges during the fascist dictatorship and the resulting reasons why the founding fathers of the Republic did not trust the judiciary. Then, this paper seeks to explain the different problems that, even today, undermine the independence of judiciary - the practice of judges standing political office, the progressive politicization of the High Council of the Judiciary, the judicial intervention in economic matters and the trend of judges making public statements to matters under judicial scrutiny - and explores the effectiveness of the current guarantees that are given to judges to secure their independence.
{"title":"Italian Perspectives on the Judiciary","authors":"G. Ferrari","doi":"10.18352/IJCA.265","DOIUrl":"https://doi.org/10.18352/IJCA.265","url":null,"abstract":"This article deals with the problems concerning the independence of the judiciary in Italy. First of all, it analyzes the historical causes that characterize the current Italian situation: the condition of the judges during the fascist dictatorship and the resulting reasons why the founding fathers of the Republic did not trust the judiciary. Then, this paper seeks to explain the different problems that, even today, undermine the independence of judiciary - the practice of judges standing political office, the progressive politicization of the High Council of the Judiciary, the judicial intervention in economic matters and the trend of judges making public statements to matters under judicial scrutiny - and explores the effectiveness of the current guarantees that are given to judges to secure their independence.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48223428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the fundamental human rights and the rights of nations is the Right to a fair trial. A legal paradox is that immense violations of this right have been declared worldwide for many years despite the significance of this right and the fact that it is executed by the courts and judges themselves. Professionalism of a judge and a court as an institution is a prerequisite for effective execution of this right and at the same time the level of protection of the Right to a fair trial could be taken as a criterion for evaluation of the judicial systems. The modern concept of this right and thoughtful identification of its elements show not just the development of the legal systems but are indicators of legal culture of western civilization in administering of justice. The author raises the hypothesis that court administration and high professional standards of judges are the main prerequisites to preserve the Right to a fair trial. Court administration and judicial professional standards should preserve the main elements of the Right to a fair trial, and first of all “fairness” and “the independence and impartiality of the court”. The ability to ensure the proper implementation of the right to a fair trial in practice is one of the key qualitative criteria for assessing court performance. The scope of this article is to systemize the main original establishments of the Right to a fair trial and its elements, particularly the essential requirements for “fairness” and “the independence and impartiality of the court (judge)” from the point of view of court administration and professional standard of a judge. It is important to determine main requirements for the high judicial professional standard of a judge as a prerequisite for proper execution of the Right to a fair trial. The legal and ethical values that the Right to a fair trial grant internationally is best represented by the jurisprudence of the European Court of Human Rights (“ECtHR”). Therefore, the article is based on the main legal thoughts that are developed by the jurisprudence of this international court, using the systematic material on jurisprudence of ECtHR, comparative analyses and doctrinal support.
{"title":"Effective Court Administration and Professionalism of Judges as Necessary Factors Safeguarding the Mother of Justice – The Right to a Fair Trial","authors":"Mindaugas Šimonis","doi":"10.18352/ijca.294","DOIUrl":"https://doi.org/10.18352/ijca.294","url":null,"abstract":"One of the fundamental human rights and the rights of nations is the Right to a fair trial. A legal paradox is that immense violations of this right have been declared worldwide for many years despite the significance of this right and the fact that it is executed by the courts and judges themselves. Professionalism of a judge and a court as an institution is a prerequisite for effective execution of this right and at the same time the level of protection of the Right to a fair trial could be taken as a criterion for evaluation of the judicial systems. The modern concept of this right and thoughtful identification of its elements show not just the development of the legal systems but are indicators of legal culture of western civilization in administering of justice. The author raises the hypothesis that court administration and high professional standards of judges are the main prerequisites to preserve the Right to a fair trial. Court administration and judicial professional standards should preserve the main elements of the Right to a fair trial, and first of all “fairness” and “the independence and impartiality of the court”. The ability to ensure the proper implementation of the right to a fair trial in practice is one of the key qualitative criteria for assessing court performance. The scope of this article is to systemize the main original establishments of the Right to a fair trial and its elements, particularly the essential requirements for “fairness” and “the independence and impartiality of the court (judge)” from the point of view of court administration and professional standard of a judge. It is important to determine main requirements for the high judicial professional standard of a judge as a prerequisite for proper execution of the Right to a fair trial. The legal and ethical values that the Right to a fair trial grant internationally is best represented by the jurisprudence of the European Court of Human Rights (“ECtHR”). Therefore, the article is based on the main legal thoughts that are developed by the jurisprudence of this international court, using the systematic material on jurisprudence of ECtHR, comparative analyses and doctrinal support.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43964035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Financing the Judiciary in the Netherlands: between work overload in the courts and government control of the Judicial Budget.","authors":"P. Langbroek","doi":"10.18352/IJCA.292","DOIUrl":"https://doi.org/10.18352/IJCA.292","url":null,"abstract":"","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43065463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dory Reiling Ph.D. Mag.Iur. (1950) is a retired senior judge at the Amsterdam District Court. She was in charge of designing the digital procedures in the civil courts in the Netherlands. She was a senior judicial reform specialist at the World Bank and IT program manager for the Netherlands judiciary. She regularly lectures on court IT at universities, judicial academies and postgraduate schools and works as an IT adviser to judiciaries around the world. She is also a co-author of the World Bank Handbook on Justice Sector Assessments. She was the acting expert for the Consultative Council of European Judges (Council of Europe) Opinion 14 on information technologies and the courts. Her 2009 book Technology for Justice, How Information Technology can Support Judicial Reform, is widely available in print, on line and as an e-book. Her publications can be found on www.doryreiling.com, her tweets are on www.twitter.com/doryontour and her Technology for Justice blog is on www. doryreiling.blogspot.nl
{"title":"Ten Questions for Dory Reiling - Developing IT for Courts","authors":"Anne Wallace","doi":"10.18352/ijca.293","DOIUrl":"https://doi.org/10.18352/ijca.293","url":null,"abstract":"Dory Reiling Ph.D. Mag.Iur. (1950) is a retired senior judge at the Amsterdam District Court. She was in charge of designing the digital procedures in the civil courts in the Netherlands. She was a senior judicial reform specialist at the World Bank and IT program manager for the Netherlands judiciary. She regularly lectures on court IT at universities, judicial academies and postgraduate schools and works as an IT adviser to judiciaries around the world. She is also a co-author of the World Bank Handbook on Justice Sector Assessments. She was the acting expert for the Consultative Council of European Judges (Council of Europe) Opinion 14 on information technologies and the courts. Her 2009 book Technology for Justice, How Information Technology can Support Judicial Reform, is widely available in print, on line and as an e-book. Her publications can be found on www.doryreiling.com, her tweets are on www.twitter.com/doryontour and her Technology for Justice blog is on www. doryreiling.blogspot.nl","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42965533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This editorial summarizes the epidemic in the U.S. of opioid addiction, its lethality in the addict community, and its impact on the justice and social-services sectors. It focuses on the pursuit by federal, state and local court systems of innovative alternatives to traditional models of civil and criminal litigation. Judicial officials are determined to save lives by expediting case processing, compelling settlements from prescription manufacturers and distributors, and orchestrating a range of social services to detour addiction’s lethal path. The urgency of settlement is exacerbated by the need to reimburse an array of treatment-oriented public-sector institutions for the enormous costs they are incurring. As new laws and regulations constrain those suffering chronic pain from access to prescription opioids, many pivot to street traffickers for illicit heroin, meth, and fentanyl analogs and derivatives. Because those remedies are distributed through multi-national criminal enterprises, even the longest arms of the law are hard put to extract settlements, leaving essential and costly treatment modalities essentially unfunded except through taxpayer revenues.
{"title":"Judges and Courts Respond to Opioid Litigation Engulfing U.S. Court Systems","authors":"M. Zimmer","doi":"10.18352/ijca.290","DOIUrl":"https://doi.org/10.18352/ijca.290","url":null,"abstract":"This editorial summarizes the epidemic in the U.S. of opioid addiction, its lethality in the addict community, and its impact on the justice and social-services sectors. It focuses on the pursuit by federal, state and local court systems of innovative alternatives to traditional models of civil and criminal litigation. Judicial officials are determined to save lives by expediting case processing, compelling settlements from prescription manufacturers and distributors, and orchestrating a range of social services to detour addiction’s lethal path. The urgency of settlement is exacerbated by the need to reimburse an array of treatment-oriented public-sector institutions for the enormous costs they are incurring. As new laws and regulations constrain those suffering chronic pain from access to prescription opioids, many pivot to street traffickers for illicit heroin, meth, and fentanyl analogs and derivatives. Because those remedies are distributed through multi-national criminal enterprises, even the longest arms of the law are hard put to extract settlements, leaving essential and costly treatment modalities essentially unfunded except through taxpayer revenues.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42951777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judicial ethical codes have become increasingly important in member states of the European Union as a point of reference for judges and as a means of securing public trust in judiciaries. In the ENCJ’s survey on the independence, accountability, and quality of judicial systems in Europe, sub-indicators were included to measure the existence of judicial ethical codes and relating training and supervision. This survey and the critical scholarly discussion about it provide valuable lessons for further empirical research on the perceptions of judges in EU member states relating to professional-ethical codes and standards. This article explores the most important lessons for this envisaged research. The main methodological considerations which come to the fore are: 1) to clearly delineate the research aims and central terms which are used in the survey; 2) to avoid insularity by including a representative and diverse group of respondents; 3) to validate and contextualise the results through a multi-method approach and critical debates with scholars and stakeholders.
{"title":"Researching judicial ethical codes, or: how to eat a mille-feuille?","authors":"E. Mak","doi":"10.18352/IJCA.277","DOIUrl":"https://doi.org/10.18352/IJCA.277","url":null,"abstract":"Judicial ethical codes have become increasingly important in member states of the European Union as a point of reference for judges and as a means of securing public trust in judiciaries. In the ENCJ’s survey on the independence, accountability, and quality of judicial systems in Europe, sub-indicators were included to measure the existence of judicial ethical codes and relating training and supervision. This survey and the critical scholarly discussion about it provide valuable lessons for further empirical research on the perceptions of judges in EU member states relating to professional-ethical codes and standards. This article explores the most important lessons for this envisaged research. The main methodological considerations which come to the fore are: 1) to clearly delineate the research aims and central terms which are used in the survey; 2) to avoid insularity by including a representative and diverse group of respondents; 3) to validate and contextualise the results through a multi-method approach and critical debates with scholars and stakeholders.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44476831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper is divided into two parts plus some concluding remarks. The first one deals with some problems in comparing the number of judges, court personnel, and caseflow in European judiciaries. Data come from the Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe. The second part deals with some pitfalls in the data gathering carried out by the European Network of Councils for the Judiciary (ENCJ) in the attempt to measure judicial independence and accountability. Each case study brings some hints, summed up in the concluding remarks, that may be useful to improve both exercises.
{"title":"Pitfalls in Data Gathering to Assess Judiciaries","authors":"M. Fabri","doi":"10.18352/IJCA.278","DOIUrl":"https://doi.org/10.18352/IJCA.278","url":null,"abstract":"This paper is divided into two parts plus some concluding remarks. The first one deals with some problems in comparing the number of judges, court personnel, and caseflow in European judiciaries. Data come from the Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe. The second part deals with some pitfalls in the data gathering carried out by the European Network of Councils for the Judiciary (ENCJ) in the attempt to measure judicial independence and accountability. Each case study brings some hints, summed up in the concluding remarks, that may be useful to improve both exercises.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49421714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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