Time management checklist Checklist of indicators for the analysis of lengths of proceedings in the justice system [CEPEJ (2005) 12 REV ]
Context Case-law of the European Court of Human Rights (Article 6 ECtHR): Assessment of the length of proceedings in the light of the circumstances of the case, the complexity of the case, the conduct of the applicant, etc.
Framework Programme of the CEPEJ « New objective for the justice systems: processing of each case within an appropriate and foreseeable time »: Importance of the foreseeability of the timeframes of judicial proceedings, avoid peiods of inactivity (waiting time)
CEPEJ evaluation report of 2002 Very few countries were able to fully respond to the questions regarding the length of proceedings
Opinions of the CCJE In particular Opinion n°6 « on fair trial within a reasonable time and judge’s role in trials (..) ».
Aim of the checklist To collect appropriate information on length of proceedings To analyse relevant aspects of the duration of judicial proceedings: a) analysis of the total duration of the proceedings from initial stages to the final decision b) analysis of the duration of individual stages of the proceedings
INDICATOR ONE: ABILITY TO ASSESS THE OVERALL LENGTH OF PROCEEDINGS • Identifying the court proceedings from the users’ perspective ● Establishing integral length of proceedings
INDICATOR TWO: ESTABLISHED STANDARDS FOR DURATION OF PROCEEDINGS • Defining optimum timeframes of proceedings ● Foreseeability of the timeframes
INDICATOR THREE: SUFFICIENTLY ELABORATED TYPOLOGY OF CASES • Typology of cases with regard to time-consumption
INDICATOR FOUR: ABILITY TO MONITOR COURSE OF PROCEEDINGS • Collecting data about timing of most important events in the process
INDICATOR FIVE :MEANS TO PROMPTLY DIAGNOSE DELAYS AND MITIGATE THEIR CONSEQUENCES • Clear responsibility for prevention and suppression of delays● Emergency policies (crisis management) ● Procedural means to accelerate proceedings
INDICATOR SIX: THE USE OF MODERN TECHNOLOGY AS A TOOL FOR TIME MANAGEMENT IN THE JUSTICE SYSTEM • Monitoring length and delays by the information technology ● Information technology as the tool for statistical processing and planning in the area of timeframes