Legal and Judicial Sector Assessment

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  • Publication
    Romania Judicial Functional Review
    (Washington, DC, 2013-03) World Bank
    This review is one of a series of functional reviews commissioned by the Government of Romania (GOR), funded by the European Union, and carried out by the World Bank. It is an element agreed on by the European Union and the Government as part of the post-accession Cooperation and Verification Mechanism (CVM) established to assess further need for reform in the judicial system and to suggest reforms that would ensure Romania's full integration into the European Union system. The objective of the review is to analyze the functioning of institutions of the judicial system in Romania with a view to providing analytical and advisory input to the Romanian authorities as they formulate an action program to improve the performance of the judicial system. The present report covers a large part of Romania's judicial system, a term used here with broad scope. In accord with the terms of reference (appendix one), in addition to the courts, the review covers the Ministry of Justice, focusing on those functions most directly related to the judiciary and to the Public Ministry (PM), the PM itself, and a range of independent legal professionals whose work complements and in some cases replaces that of judges and prosecutors. Within the judiciary, aside from the ordinary courts, the review also addressed the operations of the Superior Council of Magistracy, the Judicial Inspectorate, and the High Court of Cassation and Justice, all of which operate quasi-independently. They have their own budgets and administrative structures, although are still governed by laws on staffing set by Parliament and staffing levels approved by the cabinet. Within the PM, the team also looked at the quasi-independent National Anti-Corruption Directorate.
  • Publication
    Alternative Mechanisms of Service Delivery : Legal and Regulatory Review, Volume 2. Appendices
    (Washington, DC, 2009-11) World Bank
    This report reviews the Indonesian legal and regulatory framework that might support or obstruct the promotion of alternative mechanisms of service delivery (AMSD). AMSD, as it has been translated in Indonesian, is a term used especially in Canada to describe an array of strategies and tools that government can use to deliver services in "not the normal way'. 'Alternative' is used in the sense of 'alternative lifestyle" or 'not traditional'. The objectives of the project in relation to promoting AMSD within regional governments are: i) assistance to government in the rationalization of different institutional arrangements for the delivery of sub-national public services; and ii) aid in the development and implementation of new (contracting) methods for service delivery. The report aims to describe the current proximate legal and regulatory framework within which the eight strategies work. The report provides the basis for understanding where the strategies already have 'support' and where the framework needs improving or additions.