7.5 – Availability of technical expertise; the judiciary’s interactive role with other, external stakeholders and factors impacting its performance

7.5.1 Performance standards

The entire institutional, social, economic and civic environment is included as an external interaction factor with the judiciary, as well as international actors assisting the courts with technical assistance and donations. The responsibilities of actors involved in the judicial system are related to: – policy approaches and politicians, which should not be a deliberate obstacle to the judiciary’s demands for budget and human infrastructure; – judges’ associations, which should promote the independence and integrity of their membership; – lawyers and prosecutors, as a direct influence on judicial activity through their role and expertise; – associations or economic groups, which may attempt to influence justice according to the interests of their group; – the Media, which should not deliberately undermine the decision-making of the judiciary and delegitimize it but help and promote the good work of the judiciary; – civil society, which should participate and contribute to legal education, but also in explaining the opinion of the judiciary on certain issues of public interest; – various international judicial assistance programs and donors, promoting and assisting judicial reforms and sharing best knowledge on judiciary’s diagnosis, evaluation and performance in terms of efficiency and effectiveness[1].

 

7.5.2 Indicators of achievement  

Existence of cooperation agreements with various institutions with advanced national and international expertise. Existence and organization of roundtables on issues of multidisciplinary aspects (legal, economic, social) among stakeholders with public interest and courts. Existence of coordinating platforms for communication on cases of high public interest, according to a lecture and format of European standards between the judiciary and other actors interacting with it. The achievement should be oriented by answer to questions such as:

 

  • How well have politicians been educated on the need to support the judiciary as a necessity for the public interest in giving justice?
  • How responsive can the judiciary be in defense of its activity from inappropriate political attacks?
  • How helpful is the Media in relation to the needs of the Judiciary? How much does it assist the public interest in reporting on the judiciary?
  • How concrete is the assistance provided by various donor programs? Are there tangible results in this regard? How should they be measured?
  • How do actors such as prosecutors and attorneys approach court proceedings? How do they influence the delivery of justice by the courts?
  • How do business groups approach the judiciary? How protected are the courts from the influences of strong economic and financial groups when their goals are in conflict with the public interest? What is the relation and the overall trend in the country between the economic freedom of businesses and the wider public interest that is guaranteed in court versus the economic interest of the financial groups? Are studies conducted in this regard?

 

7.5.3 Measurement method

Monitoring, statistics and assessments on different interest groups which through their work and their role in society, affect the performance of the judiciary. Information corroborated through various sources regarding the access and influence of external agents on the performance of the judiciary.

 

 

 

 

[1] Advocacy Toolkit, “Combating Corruption in Judicial System”, Transparency International, The global Coalition Against Corruption, pp. 22-32.