Judicial Systems in Transition Economies : Assessing the Past, Looking to the Future

by Anderson, James H.; Bernstein, David; Gray, Cheryl Williamson

• ISBN13: 9780821361894
• ISBN10: 0821361899
• Format: Paperback
• Copyright: 2005-06-15
• Publisher: World Bank

Summary

This study reviews the experience of the countries of Central and Eastern Europe and the former Soviet Union in reforming their judicial systems to fit the needs of a market economy, drawing on a variety of data sources. Reformers initially emphasized the passage of laws and the establishment of judicial independence over longer-term institution building. While there is still some way to go to establish an independent judiciary, there is much further to go in creating courts that are responsive, affordable, effective, fair, and honest. Firms' and citizens' views of courts are generally negative and appear to be getting worse in some countries. It is probably fair to say that less overall progress has been made in judicial strengthening than in most other areas of policy and institutional reform since 1990.

Table of Contents

Acknowledgments	p. vii
Acronyms and Abbreviations	p. ix
Executive Summary	p. xi
Introduction	p. 1
The First Decade of Reform	p. 7
Antecedents	p. 7
The Reform Agenda: Legislation and Institutional Change	p. 11
Donor Support	p. 13
The EU Imperative	p. 16
Citizens' Views on the First Reform Decade	p. 18
Legal and Judicial Institutions Ten Years Into Transition	p. 23
The "Implementation Gap"	p. 23
Court Performance	p. 25
Understanding the Linkages Among Reforms	p. 42
What Makes Courts Problematic for Firms?	p. 46
Toward a Typology for Judicial Reforms	p. 50
Conclusion: Lessons for Future Reform	p. 57
General Lessons	p. 57
Setting Priorities	p. 60
Appendices	p. 65
Turkey-A Different Path for Legal and Judicial Reform	p. 65
The World Bank's Support for Judicial Reform in Transition Economies	p. 71
Methodolgy	p. 77
Bibliography	p. 101
Index	p. 107
Boxes
Sources	p. 2
The Drive to Pass Laws to Meet European Union Deadlines	p. 17
The Need to Upgrade Technology	p. 33
Figures
Summary Figure 1 Evaluations of Courts by Firms, 1999 and 2002	p. xiii
Summary Figure 2 Perceptions of the Efficiency and Neutrality of the Legal System, 2004	p. xiv
Summary Figure 3 Capacity and Demand for Judicial Reforms	p. xvi
Lagging Improvements in the Judiciary, 1999 and 2002	p. 4
Views of the State and the Economy, 1990	p. 10
Accessibility of Draft Laws, 1999	p. 15
Ability to Comment on Draft Laws, 1999	p. 16
Trust in Courts, 1993-8	p. 19
Trust in Courts Relative to Parliament and Government, 1993-8	p. 20
Institutions Have Lagged Lawmaking, 1999	p. 24
Changes in the "Implementation Gap," 1999 and 2002	p. 25
Assessments of Aspects of the Judiciary in 14 Transition Economies	p. 26
Are Courts Independent Enough to Challenge the State? Relative Perceptions of Firms, 1998, 2001, and 2004	p. 28
Efficiency Considerations Lag Independence	p. 29
Assessments of Courts as "Quick," 1999 and 2002	p. 31
The Time Delay to Collect on a Debt Through Courts	p. 33
Average Length of Time to Collect a Debt in Various Regions	p. 34
Assessments of Courts as "Affordable," 1999 and 2002	p. 35
Independence and Accountability	p. 36
Assessments of Courts as "Fair," 1999 and 2002	p. 37
Assessments of Courts as "Honest," 1999 and 2002	p. 38
Unofficial Payments and Gifts When Dealing With Courts, 1999 and 2002	p. 41
Do Judges' Salaries Relative to Lawyers' Salaries Affect the Fairness of Courts?	p. 42
Assessments of Courts as "Able to Enforce Decisions," 1999 and 2002	p. 43
Procedural Complexity and the Effect on Firms	p. 44
Reforms Increase Pressure on Courts, 2002	p. 45
Pressure on the Courts Slows Them Down, 2002	p. 46
Courts are Viewed as Less Problematic Where They Are Less Relevant, 2002	p. 47
Functioning of the Judiciary as a Problem Doing Business, 1999 and 2002	p. 48
The Judiciary Compared to Other "Problems," 2002	p. 49
Relative Importance of Various Factors in Explaining the Functioning of the Judiciary in Transition Countries, 1999 and 2002	p. 51
Capacity and Demand for Judicial Services, 2002	p. 52
The Judiciary as a Problem, by Capacity and Demand for Judicial Services, 2002	p. 53
Judicial Independence	p. 67
Speed of Court Proceedings	p. 67
Cost of Enforcing a Contract	p. 68
Time to Enforce a Contract	p. 69
Courts' Enforcement Capacity	p. 70
Reliability of Courts	p. 70
Tables
Evolution of World Bank Legal Reform Projects in Europe and Central Asia	p. 14
Estimation of the Relationship Between Court Use, Court Speed, and Perceptions of the Qualities of Courts	p. 97
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