Publication:
Strengthening Commercial Courts and Departments in Bosnia and Herzegovina: Caseload Distribution, Backlog, and Other Organizational Issues Affecting Performance

Loading...
Thumbnail Image
Files in English
English PDF (1.7 MB)
349 downloads
English Text (346.3 KB)
98 downloads
Date
2019-10
ISSN
Published
2019-10
Author(s)
Editor(s)
Abstract
This Report presents the findings of an analysis of selected organizational issues affecting commercial justice performance in Bosnia and Herzegovina (BiH). It is the main deliverable under Component 1 of the BiH Commercial Justice Technical Assistance Project financed by the UK Good Governance and Investment Climate Reform Trust Fund. The Project aims to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH. The Report’s primary focus is workload distribution among commercial courts and departments, and the effect of any imbalances within it on their performance. Other issues covered include: BiH’s caselaw database; its judicial performance evaluation system; production quotas and other incentive systems; its backlog reduction program; and court organization and management. The mixed methodology used to address these topics combined analysis of case flow statistics provided by the BiH High Judicial and Prosecutorial Council (HJPC) with interviews, document review, observation, and comparative experiences.
Link to Data Set
Citation
World Bank. 2019. Strengthening Commercial Courts and Departments in Bosnia and Herzegovina: Caseload Distribution, Backlog, and Other Organizational Issues Affecting Performance. © World Bank. http://hdl.handle.net/10986/33789 License: CC BY 3.0 IGO.
Associated URLs
Associated content
Report Series
Other publications in this report series
Journal
Journal Volume
Journal Issue

Related items

Showing items related by metadata.

  • Publication
    Commercial Court and Enforcement Assessment Tool
    (World Bank, Washington, DC, 2016-03-01) Ebeid, Omniah; Gramckow, Heike
    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
    Court Auctions : Effective Processes and Enforcement Agents
    (World Bank, Washington, DC, 2012-01) Gramckow, Heike
    This paper considers the historical origins and efficacy of enforcement of civil court judgments, with a special focus on court auctions. It reviews the procedural and practical options available to courts and associated agencies for the identification of assets that may be used to satisfy a judgment debt and the processes for court-supervised asset seizure and sale by public auction. The efficiencies of public court auction processes are considered, including the elements of enforcement systems that can produce sub-optimal returns on sold assets and higher incentives for corrupt practices. Also considered is the trend in some systems for greater use of private agents as a means by which the cost of court enforcement processes can be reduced and for overcoming sometimes lengthy delays in enforcement. The paper concludes by identifying alternatives to public auction that in some cases can offer better prospects of assuring full payment of a judgment debt.
  • Publication
    Bulgaria - Resourcing the Judiciary for Performance and Accountability : A Judicial Public Expenditure and Institutional Review
    (Washington, DC, 2008-06) World Bank
    This report examines why, given the increasing resources allocated to the judiciary, there seem to have been only modest improvements in judicial performance. It lifts the veil on the conflicting opinions on the reasons for slow progress on performance and efficiency by analyzing the institutional environment within which the judiciary functions and the key incentives propelling the policy stances and actions of major institutional actors. A supply-demand approach is then used to review the challenges behind improving judicial performance, focusing on resource allocation and management issues on the supply side and on case inflow on the demand side. This perspective enables consideration of both supply and demand issues impacting judicial performance and offers an opportunity to suggest actions and policy responses that could enable policy makers to manage demand more effectively while strengthening access to justice. Overall, therefore, improving judicial performance now requires a shift from increasing the overall level of resources to approaches that do not increase the burden on the central budget. The key challenge now confronting Bulgaria's judiciary is to build on the reforms so far by developing, financing and implementing a judiciary-wide modernization program to sustain the transformation and demonstrate impact through monitor able indicators of performance. The information and analysis in this report much of it familiar to the leadership of Bulgaria's judiciary, executive and legislature could facilitate a consensus between the three branches of power on the resources that the judiciary could realistically expect to receive, and on the results that it can be expected to achieve, given existing resource and capacity constraints. In this dialogue, an exclusive focus on judicial independence could risk diverting attention from concrete measures needed to ensure that the judiciary is adequately resourced and that mechanisms to ensure the efficient use of resources and improved performance are in place. Indeed, judicial independence is a fundamental principle guaranteed by the Constitution and laws of Bulgaria, and unconditionally respected with regard to the judiciary's adjudicative functions. However, sustained focus on the achievement of performance goals could have important potential long-term benefits for the judicial system, not only in terms of increased budgetary resources, but more importantly in terms of increased public trust and confidence.
  • Publication
    Uses and Users of Justice in Africa : The Case of Ghana's Specialised Courts
    (World Bank, 2010-07-01) World Bank
    This research project involves the tracking of the progress of cases in Ghana's specialized courts. It seeks to provide data that are not usually available for a scientific assessment of the performance of the courts in Ghana. The project, therefore, captures information on the persons and institutions who use the courts in Ghana; what these claimants come to court for; the difficulties they encounter in the process; and the value added by recent court reforms in resolving these problems. Further analysis of this information is then used to make specific and targeted recommendations for improving overall adjudicatory effectiveness. The project is similar to other World Bank studies in many respects. It is premised on a general belief that, almost everywhere, courts struggle to deliver quick, effective, accessible, and efficient justice. The huge disconnect between intention and reality is due to a number of factors, namely, the cost of litigation-an issue which bears directly on access to justice; unprecedented delays in case processing; real and perceived corruption within the courts and increasing uncertainty associated with judges' rulings. Delays, generally defined as unreasonable time spent from case filing and processing to case disposition, stand out amongst the list of problems. There is, therefore, a recognized challenge that the judicial sector in Ghana is currently incapable of providing speedy justice, a critical ingredient for public and investor confidence in the justice system.
  • Publication
    Developing Specialized Court Services : International Experiences and Lessons Learned
    (World Bank, Washington, DC, 2013-01) Gramckow, Heike; Walsh, Barry
    Court specialization is commonly considered to be an important reform initiative to advance the development of a successful judicial system. Court specialization is thought useful even to address broader development constraints, such as the need for more effective access to contract enforcement, improvements in the investment climate, or more adequate protection of the environment. These studies have also pointed to some drawbacks, however. For example, special attention to, and the allocation of additional resources for, handling business cases can lead to the perception that a court provides preferential services to the business community but not the average person. Judges may also develop too close a relationship with a particular group of lawyers and interest groups that are involved in special case types, especially if those groups are relatively small and if judges serve in this special capacity exclusively and for an extended period. This report outlines the international experiences and good practices related to establishing specialized courts and creating the associated judicial expertise. It specifically highlights the information that is needed to determine if specialization is required in particular areas, as well as the specialization model that may be most appropriate, the requirements of the different models, and the approaches to training and selecting judges for special assignments. The paper also outlines the next steps a jurisdiction might take to examine the potential need and demand for further specialized judicial services and to consider what would be needed to meet those which are justified.

Users also downloaded

Showing related downloaded files

  • Publication
    South Asia Development Update, April 2024: Jobs for Resilience
    (Washington, DC: World Bank, 2024-04-02) World Bank
    South Asia is expected to continue to be the fastest-growing emerging market and developing economy (EMDE) region over the next two years. This is largely thanks to robust growth in India, but growth is also expected to pick up in most other South Asian economies. However, growth in the near-term is more reliant on the public sector than elsewhere, whereas private investment, in particular, continues to be weak. Efforts to rein in elevated debt, borrowing costs, and fiscal deficits may eventually weigh on growth and limit governments' ability to respond to increasingly frequent climate shocks. Yet, the provision of public goods is among the most effective strategies for climate adaptation. This is especially the case for households and farms, which tend to rely on shifting their efforts to non-agricultural jobs. These strategies are less effective forms of climate adaptation, in part because opportunities to move out of agriculture are limited by the region’s below-average employment ratios in the non-agricultural sector and for women. Because employment growth is falling short of working-age population growth, the region fails to fully capitalize on its demographic dividend. Vibrant, competitive firms are key to unlocking the demographic dividend, robust private investment, and workers’ ability to move out of agriculture. A range of policies could spur firm growth, including improved business climates and institutions, the removal of financial sector restrictions, and greater openness to trade and capital flows.
  • Publication
    The Journey Ahead
    (Washington, DC: World Bank, 2024-10-31) Bossavie, Laurent; Garrote Sánchez, Daniel; Makovec, Mattia
    The Journey Ahead: Supporting Successful Migration in Europe and Central Asia provides an in-depth analysis of international migration in Europe and Central Asia (ECA) and the implications for policy making. By identifying challenges and opportunities associated with migration in the region, it aims to inform a more nuanced, evidencebased debate on the costs and benefits of cross-border mobility. Using data-driven insights and new analysis, the report shows that migration has been an engine of prosperity and has helped address some of ECA’s demographic and socioeconomic disparities. Yet, migration’s full economic potential remains untapped. The report identifies multiple barriers keeping migration from achieving its full potential. Crucially, it argues that policies in both origin and destination countries can help maximize the development impacts of migration and effectively manage the economic, social, and political costs. Drawing from a wide range of literature, country experiences, and novel analysis, The Journey Ahead presents actionable policy options to enhance the benefits of migration for destination and origin countries and migrants themselves. Some measures can be taken unilaterally by countries, whereas others require close bilateral or regional coordination. The recommendations are tailored to different types of migration— forced displacement as well as high-skilled and low-skilled economic migration—and from the perspectives of both sending and receiving countries. This report serves as a comprehensive resource for governments, development partners, and other stakeholders throughout Europe and Central Asia, where the richness and diversity of migration experiences provide valuable insights for policy makers in other regions of the world.
  • Publication
    Media and Messages for Nutrition and Health
    (World Bank, Washington, DC, 2020-06) Calleja, Ramon V., Jr.; Mbuya, Nkosinathi V.N.; Morimoto, Tomo; Thitsy, Sophavanh
    The Lao People’s Democratic Republic (Lao PDR) has experienced rapid and significant economic growth over the past decade. However, poor nutritional outcomes remain a concern. Rates of childhood undernutrition are particularly high in remote, rural, and upland areas. Media have the potential to play an important role in shaping health and nutrition–related behaviors and practices as well as in promoting sociocultural and economic development that might contribute to improved nutritional outcomes. This report presents the results of a media audit (MA) that was conducted to inform the development and production of mass media advocacy and communication strategies and materials with a focus on maternal and child health and nutrition that would reach the most people from the poorest communities in northern Lao PDR. Making more people aware of useful information, essential services and products and influencing them to use these effectively is the ultimate goal of mass media campaigns, and the MA measures the potential effectiveness of media efforts to reach this goal. The effectiveness of communication channels to deliver health and nutrition messages to target beneficiaries to ensure maximum reach and uptake can be viewed in terms of preferences, satisfaction, and trust. Overall, the four most accessed media channels for receiving information among communities in the study areas were village announcements, mobile phones, television, and out-of-home (OOH) media. Of the accessed media channels, the top three most preferred channels were village announcements (40 percent), television (26 percent), and mobile phones (19 percent). In terms of trust, village announcements were the most trusted source of information (64 percent), followed by mobile phones (14 percent) and television (11 percent). Hence of all the media channels, village announcements are the most preferred, have the most satisfied users, and are the most trusted source of information in study communities from four provinces in Lao PDR with some of the highest burden of childhood undernutrition.
  • Publication
    Economic Recovery
    (World Bank, Washington, DC, 2021-04-06) Malpass, David; Georgieva, Kristalina; Yellen, Janet
    World Bank Group President David Malpass spoke about the world facing major challenges, including COVID, climate change, rising poverty and inequality and growing fragility and violence in many countries. He highlighted vaccines, working closely with Gavi, WHO, and UNICEF, the World Bank has conducted over one hundred capacity assessments, many even more before vaccines were available. The World Bank Group worked to achieve a debt service suspension initiative and increased transparency in debt contracts at developing countries. The World Bank Group is finalizing a new climate change action plan, which includes a big step up in financing, building on their record climate financing over the past two years. He noted big challenges to bring all together to achieve GRID: green, resilient, and inclusive development. Janet Yellen, U.S. Secretary of the Treasury, mentioned focusing on vulnerable people during the pandemic. Kristalina Georgieva, Managing Director of the International Monetary Fund, focused on giving everyone a fair shot during a sustainable recovery. All three commented on the importance of tackling climate change.
  • Publication
    Remarks at the United Nations Biodiversity Conference
    (World Bank, Washington, DC, 2021-10-12) Malpass, David
    World Bank Group President David Malpass discussed biodiversity and climate change being closely interlinked, with terrestrial and marine ecosystems serving as critically important carbon sinks. At the same time climate change acts as a direct driver of biodiversity and ecosystem services loss. The World Bank has financed biodiversity conservation around the world, including over 116 million hectares of Marine and Coastal Protected Areas, 10 million hectares of Terrestrial Protected Areas, and over 300 protected habitats, biological buffer zones and reserves. The COVID pandemic, biodiversity loss, climate change are all reminders of how connected we are. The recovery from this pandemic is an opportunity to put in place more effective policies, institutions, and resources to address biodiversity loss.