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Does Size Matter? Evaluating Court Performance and Efficiency in Austria and the Netherlands

This overview examines whether the size of courts affects their efficiency, focusing on findings from Austria and the Netherlands. It addresses the productivity of smaller versus larger courts, revealing that courts with over 300 full-time equivalents (FTEs) are less productive. Public complaints about the length of proceedings are explored, along with potential cost savings from reducing case resolution times. Key factors impacting performance include judicial workload, the stability of judges, and mutual legal assistance among courts.

hadassah-noel
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Does Size Matter? Evaluating Court Performance and Efficiency in Austria and the Netherlands

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Presentation Transcript

  1. COURT PERFORMANCEDoes size matter?

  2. Overview Are smaller courts inefficient? Are bigger courts serving as highly specialized units or working like inflexible dinosaurs? Austrian findings on length of procedures and CEPEJ’s benchmarks… Does size matter?

  3. Netherlands : Average Productivity

  4. Netherlands : Productivity per branch

  5. Netherlands : Size matters! According to productivity: Courts smaller or bigger than 300 FTEs are less productive And in Austria ?

  6. Statistic analysis • Analysis of length of proceedings – factors and measures • Background: People complain most about length of proceedings and difficult wording of decisions – results of opinion poll • Background: The KSV – a private institution of creditors which is one of the big players found out that a limitation of proceedings with one year could save 1 billion Euro per year

  7. Austria: Length and size in “C”

  8. No relationship between size of court and quick solution of cases

  9. AT: Size scaled per score I (Clearance Rate, Efficiency, Disposition Time)

  10. AT: Size scaled per score “C”(Clearance Rate, Efficiency, Disposition Time)

  11. No relationship between workload of court and quick solution of cases

  12. COURT PERFORMANCESize does not matter at all!What else…?

  13. Factors

  14. Factors and Measures I • Experts: Deeper analysis showed, that most of work is dedicated to the same experts, overloaded • Solution: Internet database on experts and interpreters – transparency, spread the workload – knowledge of special expertise

  15. Factors and Measures II • Judges change during the proceeding: Judges often applied for another post after a very short period of time • Measure: Judges are not appointed for another position before having served at least 18 months

  16. Factors and Measures III • Mutual legal assistance: • Measures: • Translations of forms (Intranet) • Translations of relevant provisions (Intranet) • Direct contact between courts within EU

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