Legal and Judicial Sector Assessment

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  • Publication
    Sri Lanka : Justice Sector Review
    (Washington, DC, 2013-06) World Bank
    Improvement of the performance of the judiciary is an important part of a growth agenda for Sri Lanka as it moves to middle income country status. The present government has set ambitious targets to double gross domestic product (GDP) per capita by 2016 and has cited the need for a more efficient judicial sector as a means of reducing poverty. This is consistent with the broad historical evidence that a well-functioning judicial sector is the most effective long-term instrument for securing property rights and enforcing contracts, which in turn are critical factors for investment and commerce, and hence poverty reduction and economic growth. Sri Lanka ranks 133rd in the 2013 doing business's sub-index on enforcement of contracts, a level that is comparable to other South Asian countries but lower than other middle income comparators such as Thailand (ranked 23rd) and Malaysia (ranked 33rd). Identifying the contributing factors to inefficiency in Sri Lanka's courts in hearing commercial cases is the main purpose of this review. The findings in the report are based on available statistics on court performance and interviews with key stakeholders in the justice sector. The report is structured as follows: chapter one gives introduction, chapter two gives organization and management of the courts, chapter three gives data on case handling in courts, chapter four deals with private sector approaches to dispute resolution, chapter five focuses on legal and procedural issues in commercial cases, chapter six gives past reform efforts, and chapter seven gives conclusions and recommendations.
  • 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.