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Changes in the Dutch judicial system. Dr. Pim Albers Ministry of Justice. The current judicial structure. Supreme Court Court of Appeal (5) District courts (19). The structure of a district court. Pressure on the organisation. Technological and economic progress

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changes in the dutch judicial system

Changes in the Dutch judicial system

Dr. Pim Albers

Ministry of Justice

the current judicial structure
The current judicial structure

Supreme Court

Court of Appeal

(5)

District courts

(19)

pressure on the organisation
Pressure on the organisation
  • Technological and economic progress
  • Development of crime
  • Increasing numbers of claims
  • Internationalisation of law
  • Growing interest of politicians and media
the leemhuis commission 1998
The Leemhuis-commission (1998)
  • Need for strengthening of the independence of the judiciary
  • Introduction of a Judicial Council
  • Introduction of integral management in the courts
  • Integration of municipal courts into district courts
  • Increase of financial resources for the judiciary (structural increase of the budget with 136 million euros and incidental increase of the budget with 77 million euro
implementation of leemhuis the judicial organisation 21st century
Implementation of ‘Leemhuis’:‘The judicial organisation 21st century’
  • Tailored jurisdiction (rechtspraak op maat)
  • Accessibility
  • Unity of law
  • Timeliness
  • External orientation
activities
Activities
  • Departmental projects (including a legislative programme: drafting of the Law on the Judicial Council and the modification of the Law on the Organisation and Management of Courts)
  • pVRO (Reinforcement Judicial Organisation Programme)
budget for the reform
Budget for the reform
  • PVRO: 19 million €
  • Capacity investment: 52 million €
  • ADR-projects: 9 million €
departmental projects
Departmental projects
  • Project Judicial Council
  • Project departmental tasks administration of Justice
  • Legislative programme: drafting Law on the judicial council and changing the Law on the Organisation and Management of Courts
slide12
pVRO
  • Introduction of modern management
  • Unification of processing rules (civil cases, administrative cases and divorce)
  • Internet-project www.rechtspraak.nl
  • Project Personnel policy
  • Project Quality
  • Project work procedures
  • Project complaints, etc.
ministerial responsibility after 1 january 2002
Ministerial responsibility (after 1 January 2002)
  • Proper conditions for the functioning of the judicial system (budget and legislation)
  • Supervision on the Judicial Council
  • Budget (and control) responsibility for the Supreme Court
  • Policy formulation regarding ADR
current developments in society and in the justice area
Current developments in society and in the justice area
  • Increase influx of civil cases
  • Growing investment in judges and staff
  • Decrease of economic development
  • ‘budget cuts’ in the public budget
budget cycle
Budget-cycle
  • Judicial Council prepares annual plan and budget proposal
  • Ministry of Justice is responsible for reviewing the plan and the budget proposal
  • After acceptance of the budget proposal and annual plan the budget proposal of the judiciary is integrated in the budget proposal of the Ministry of Justice
  • The budget proposal of the Ministry of Justice (and the other departments) are presented in September each year for approval of the Parliament
new policies 1
New policies (1)
  • Central role of the responsibility of the citizen for ‘solving’ their own disputes
  • Stimulation of ADR (arbitration, mediation and other forms of dispute resolution)
  • More responsibilities for the public prosecutor to handle cases (simple criminal offences) without the intervention of the judge
new policies 2
New policies (2)
  • Stimulation of co-operation between courts for an efficient allocation of cases
  • Change of the location policy of courts
  • Changes in the criminal process law, administrative process law and civil process law to increase efficiency of justice
  • Reduction of non-judicial tasks
  • Introduction of a new model for financing the judiciary