6.1 – Judges’ role in court governance

6.1.1 Performance standards

Judicial administration is a set of activities aimed at organizing and ensuring the functioning of services in support of the judicial system[1]. Judicial administration is a duty of the High Judicial Council, the Court Council, the President of the Court, the Chancellor, the various categories of civil servants and any other institution designated by law[2].

The judge has a substantial role in the management of cases, but in itself it is an influencing factor to the administration of the court as an institution, because as cited above, in factor 4.2, the main responsibility for the preparation of the case and for a speedy trial belongs to the judges[3].

Likewise, the judge plays an organizational role in court management according to legal standards for as long as he/she is a member of the General Meeting of Judges and provides opinions on matters of importance to the court as well as discusses and provides opinions on the annual court report, i.e. on the achievement of the objectives and on improvements of organizational and managerial nature in the current year[4].

 

6.1.2 Indicators of achievement

It should provide answers to these questions:

  • What is the caseload for each judge in relation to the court caseload?
  • How is the judge’s role measured vis-a-vis the performance of the entire court?
  • How active is the judge in the cooperation and interaction with non-judicial staff regarding administration issues?
  • How involved is the judge in discussions on management issues during the discussions at the Judges’ Meeting?

 

6.1.3 Measurement method

Like in Factor 4.2, the measurement methodology is intertwined with other elements. There is a harmonization of measurement methods in all factors of this chapter in an integrated manner.

 

 

 

 

[1] Article 2/a of Law no. 96/2016

[2] Article 7 of Law no. 96/2016

[3] Capuano v. Italy, no. 9381/81, 25 June 1987, parag. 30-31.

[4] Article 40/b and 40/c of Law no. 98/2016.