Legal and Judicial Sector Assessment
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Publication
Judiciary of The Republic of Uganda: Rapid Institutional and Economic Assessment
(World Bank, Washington, DC, 2020-06)This Institutional and Economic Assessment of the Judiciary of the Republic of Uganda (JoU) responds to the request for support in strengthening the evidence base for effective resource allocation and decision-making so that the JoU can better contribute to Uganda’s overall development goals. Despite its critical role in facilitating social and economic development priorities in Uganda, the JoU operates well below its potential due in part to under-investment. This report aims to address three key questions: i) what could be the economic impact of enhanced investment in the JoU? ii) how is the JoU performing in relation to three indicators of performance – access, efficiency and quality?; and iii) what are the short- and medium-term actions that Uganda can take to improve the functioning of the JoU to address its core development challenges? This assessment sought to use the methodology of a public institutional and expenditure analysis, to examine the extent to which the allocation, expenditure and distribution of financial, human, technology and infrastructure resources serve the objectives of the JoU. Three types of data were collected and analyzed. Section three examines the links between judicial performance and broader economic and social development objectives. It offers an economic analysis that demonstrates the value of investment in the commercial court and that can serve as a model for further cost benefit analysis of other aspects of the Judiciary should data become available. Section four analyzes JoU administrative data to assess judicial performance and proposes practical steps that can be taken to enhance the utilization of existing data for decision-making and to improve the quality of data. Section five provides an analysis of judicial budget allocation and expenditure and proposes a way to link resource allocation with judicial performance. Section six sets out recommendations for the enhancement of evidence-based decision-making for the JoU. -
Publication
Small Claims: Where Does Serbia Stand? A Comparative Analysis
(World Bank, Washington, DC, 2020-05)Evidence suggests that poor court performance negatively affects the economy. Complaints about the business climate are often associated with complicated procedural laws and backlogs that beleaguer the system and slow it down. According to the European Commission for the Efficiency of Justice (CEPEJ) 2018 report, it takes on average 315 days to resolve a civil and commercial case in a first instance court in Serbia.1 This is well above the EU average of 233 days. Small value cases that get stuck in Serbia’s Basic Courts perpetuate backlogs, hamper access to justice and consume a disproportionate amount of judicial resources relative to the value of these cases. This report provides a comparative analysis of the procedure for resolving small claims in Serbia and recommendations to improve it, based on lessons learned from comparator jurisdictions: Austria, Denmark, Estonia, Germany, Latvia and Slovenia. The report was developed under the Multi-Donor Trust Fund for Justice Sector Support in Serbia (MDTF-JSS) and is informed by a broader World Bank initiative to support justice policy dialogue and reform in the Western Balkans. The analysis is primarily intended for the legal community in Serbia, including policy makers, judges, lawyers and those in academia. -
Publication
Result Oriented Review of Delivery of Justice in Montenegro
(World Bank, Washington, DC, 2019-06-01)This functional review presents a comprehensive, results-oriented assessment of the functioning of Montenegro’s judicial system from 2014 through 2017, and the country’s compliance with the requirements of chapter 23 (Justice and human rights) of the European Union’s Acquis Communautaire. More specifically, the Functional Review (FR) is intended to assist Montenegro authorities in developing its strategy for the reform of the Judiciary 2019-2023, and an accompanying action plan. This report is structured as follows: Section 1 presents the overall conclusions and priority recommendations from the functional review; Section 2 presents governance and management over the system; Section 3 presents efficiency and effectiveness of justice services; Section 4 presents quality of justice services; Section 5 access to justice services; Section 6 presents financial resource management; Section 7 presents human resource management, Section 8 presents ICT management and Section 9 presents infrastructure management. -
Publication
Commercial Court and Enforcement Assessment Tool
(World Bank, Washington, DC, 2016-03-01)An effective and efficient justice system is essential for sustained economic growth. In a well-functioning, independent, and efficient justice system, decisions are taken within a reasonable time and are predictably and effectively enforced, and individual rights, including property rights, are adequately protected. Among other objectives, the efficiency of the judicial system is important for creating a good business climate, attracting foreign direct investment, securing tax revenues, and supporting economic growth. Research has shown that weak contract enforcement, for example, raises the cost of borrowing and shortens loan maturities, with a resulting negative effect on investment and GDP. Weak court enforcement systems have also been linked to late payments, which can lead to liquidity issues for companies and increase insolvency. Since the publication of the World Bank’s World Development Report 2005, the importance of well-functioning courts to strengthening the investment climate and ultimately to reducing poverty and boosting shared prosperity has been brought to the forefront and become internationally recognized. Indicators of commercial court performance, and business community perceptions of and trust in the courts, are a part of the World Bank Group’s (WBG) country-level investment climate assessments and its influential Investment Climate Surveys and Doing Business reports. Court performance has also become an element of European Union (EU) and Organization for Economic Co-operation and Development (OECD) accession. Helping countries to improve commercial court operations and ensure improved accessibility and effective delivery of services are important components of the development assistance provided by the WBG. The Commercial Court and Enforcement Assessment Tool has been designed to assist assessment teams and client agencies in this effort. -
Publication
Bulgaria Judicial Performance, Caseload and Expenditure Review (2008-2014)
(Washington, DC, 2015-11)The World Bank published a Public Expenditure and Institutional Review (PEIR) of the Bulgarian justice sector entitled “Resourcing the Judiciary for Performance and Accountability: A Judicial Public Expenditure and Institutional Review” in 2008. The objective of the present study is to conduct an assessment of the spending and institutional changes in Bulgaria’s judiciary from 2008 onwards. The current report examines the principal trends in resourcing Bulgaria’s judiciary since 2008, while comparing the expenditure and judicial performance with those of other European countries. The report provides a set of conclusion and recommendations for improving the efficiency and effectiveness of Bulgaria’s judiciary and the judicial budget process. -
Publication
World - Piloting of Implementation of United Nations Convention Against Corruption (UNCAC) in Honduras
(Washington, DC, 2015-06-30)This document contains the answers to the self-evaluation questionnaire of Honduras for the Review Mechanism in the implementation of the United Nations Convention against Corruption (UNCAC). To facilitate the review of Party States (Dominican Republic and Republic of Nauru) a brief summary of the criminal proceedings in Honduras, its stakeholders and roles are presented. Also attached are some key definitions that may contribute to understanding the Honduran context in criminal matters, criminal procedure and international cooperation, related to the implementation of UNCAC.