Functional Review of the Courts System in Cyprus By Institute of Public Administration Ireland

1. Functional Review of the Courts System in Cyprus By Institute of Public Administration Ireland Supported by the Structural Reform Support Service (SRSS)

2. Purpose of Functional Review As per agreed Terms of Reference, the purpose was to carry out a comprehensive review of the courts system in Cyprus, focused specifically on the organisation, management, processes and administration of the system, with a view to reform

3. Structure and Delivery • Cypriot authorities formally requested Structural Reform Support Service of the European Commission (SRSS- EC) to provide expert technical support • SRSS -EC funded the Technical Assistance project • Institute of Public Administration Ireland was selected to deliver • Team of experts comprised Dr Brian Cawley, Project Leader; James Connington, IPA Co-Ordinator; Olive Caulfield (IPA Associate Consultant and Courts Service Expert); Michael O’Beirne (IPA Associate Consultant and Courts Service Expert)

4. Structure and Delivery • Scoping Mission in February 2017 led to scoping report and Terms of Reference • Project commenced in May 2017 • Four Main Phases: • Review of operations and efficiency of Supreme Court • Review of operations and efficiency of District Courts and other first instance Courts • Review of the management system • Report and Action Plan

5. Methodology • Missions to Cyprus in June, September, and November 2017 • Meetings with key stakeholders, management and staff, including regular meetings with Courts Reform Steering Committee • Meetings with Minister of Finance, and Minister of Justice and Public Order • Desk Research/review of documentation • Workshop and site visits, including court sessions • Comparative international analysis • Short Papers after each mission to confirm understanding/diagnosis of problems • Liaison with SRSS-EC • Quality assurance and Final Report

6. Background Serious deficiencies with the operations of the courts system highlighted in previous reports e.g. Erotocritou Report (Report of the Supreme Court on operational needs of the courts, 2016) Comparative EU studies e.g. EU Justice Scoreboard, show that while Cyprus scores relatively highly on judicial independence, it scores poorly on measures of efficiency e.g. length of time for case to be processed through the courts, and measures of quality e.g. information available to the public Public Administration Reform Programme and PFM Other reform projects and initiatives e.g. E-Justice, Rules of Court Project, Judicial Training School

7. Key Challenges • Analysis was conducted to identify challenges in the Supreme Court, District Courts and other courts of first instance, and challenges related to management and governance • These are addressed in the report but there was a high degree of commonality of problems across the system.

8. Key Challenges • Problem of delay in the system is chronic, and the backlog of cases is growing year by year • Average waiting time for hearing of an appeal at the Supreme Court was 6.3 years at end- 2016, with 4300 cases pending at the end of that year • In the past 10 years the number of civil and criminal appeals filed has increased by over 90% • In District Courts the main area of delay is with Civil Cases, where the backlog is increasing year by year • In Industrial Disputes Court the backlog has increased by 115% since 2010

9. Serious implications of these delays for reputation, business and investment, and rule of law

10. Other Key Challenges • Many other key challenges and also contributory factors in delays and backlogs • The key thematic areas of challenge are summarised in the report as being related to • Management and leadership • Institutional structures to support management and administration • Procedures, processes and infrastructure

11. Other Key Challenges • Weak management systems and lack of trend analysis/problem identification due to poor management information • Inefficient paper-based administrative systems, and serious lack of ICT infrastructure • Weak management of cases through the system • Little use of alternative dispute resolution • Sometimes inefficient use of judicial and courtroom time, with multiple adjournments • Lack of standard processes and procedures, and inconsistent application of the rules • Lack of training and major skills gaps • Lack of planning and structure, leading to ad-hoc engagement with stakeholders regarding staffing, major projects affecting the courts etc.

12. Other Key Challenges • Weak security in the courts • Supports to judiciary need improvement • Poor accommodation, including courtroom infrastructure, particularly so in some districts • Lack of information, and engagement with court users, lawyers, and the public • Serious risk from fire and other disaster • Judiciary and Staff of the courts are doing their best in very adverse circumstances

13. Comparative Country Analysis • Report contains detailed comparative analysis of performance of the courts system in Cyprus with other countries. • Certain aspects of judicial systems in selected other countries described, and as appropriate used to inform practical recommendations • Court management and administration • Case Management • Supports to Judiciary • ICT • Alternative Dispute Resolution • Appeals • Fees

14. “To continue with the current system without major reform is not an option”

15. Recommendations These challenges are addressed in the report through 21 Recommendations, which address in an integrated way • Addressing the backlog • Establishing fit for purpose institutional and management arrangements for managing and administering the courts system • Creating a more efficient and effective system

16. Recommendations Addressing the Backlog: • Establish Taskforce supported by a dedicated project team leader and project team to separate out, and analyse the backlog • Backlog of appeals and backlog at first instance courts must be addressed differently • For first instance backlog establish temporary panel of judges to try these cases

17. Recommendations Review The Appeals Process: • Establish Review to consider all aspects of appeals process, including establishment of second-tier Court of Appeal and other aspects e.g. fast-track, more paper-based appeals, right to appeal • While protecting constitutional rights of litigants to appeal • Streamline the appeals process and free existing Supreme Court to address backlog

18. Recommendations Establish new institutional and governance arrangements for managing the courts: • Establish Courts Service of Cyprus as a statutory independent body to manage the service and support the judiciary • Oversight by a Board • Chief Executive and Management Team to develop and implement strategic and business plans, HR management, estate management etc • Operations and Support functions

19. Recommendations Case Management: • Assign Case Management Judges in each district • Enhance ICT to support case categorisation, tracking and monitoring • Introduce Continuous Hearings • Criminal summonses only entered on court list after service if effected

20. Recommendations More efficient use of Judicial Time: • Review composition of appeals bench for all administrative appeals to three judges • More effective use of Registrars and Legal Officers to support judges • Review composition of interview boards for judicial appointments • ICT support and facilities, Digital Audio Recording

21. Recommendations Alternative Dispute Resolution: • Introduce ADR mechanisms in consumer disputes and injuries assessments, and consider making recourse to these a requirement prior to recourse to court • Amend Rules of Court to support mediation, particularly to be encouraged where settlement is a likely outcome

22. Recommendations • Revise two-year rota system for District Court judges • Judicial and Staff training, particularly in ICT and to support judicial specialisms • New system for collection of court fees • Establish user groups • Short-term initiatives • Rules of Civil Procedure

23. Costs and Benefits • Categories of costs indicated in the report • Many of the costs will arise in transition and implementation stage • Potential benefits are long-term and significant • Also potential for cost reductions in the medium and long-term

24. Implementation • Significant implementation challenge ahead for next number of years • In addition to a Project Team for backlogs, establish team for managing the implementation of all other recommendations within the Office of the Director of Reform and Training • Assign resources, project team leaders and support staff urgently

25. Implementation • Action Plan details next steps to be taken under each recommendation • Project Team must develop detailed project plans • Review progress at regular intervals • Links to E-Justice and other projects will be critical

26. Conclusion • Reform on this scale is a major challenge • The opportunity may not arise again without a more serious crisis • Thank you for support and engagement with the process

27. Thank You Presentation to Global Forum 2007 27.03.2018