AS per new
OECD Research findings, well-functioning judicial systems play a crucial role in
determining economic performance – notably by guaranteeing the security of
property rights and the enforcement of contracts – but not all countries’
judiciaries operate at the same level of efficiency.
The new research
provides cross-country comparison on the wide variation in judicial efficiency
in 24 jurisdictions worldwide, including measures of trial length, accessibility
to justice services and the predictability of decisions. What Makes Civil
Justice Effective? details potential scope for improving the functioning of
justice systems, through wider use of information technology, reductions in
litigation and lowering the rate of appeals.
Protection of property
rights and enforcement of contracts encourage savings and investment while
promoting the establishment of economic relationships, bringing positive impacts
on competition, innovation, the development of financial markets and growth,
according to the report.
Lengthy civil proceedings can be a drag on
economic activity. The average length of first instance proceedings is around
240 days in the OECD area, but in some countries a trial may require almost
twice as many days to be resolved, according to the report. Final disposition of
cases may involve a long process of appeal before the higher courts, which in
some cases can last more than 7 years.
Differences in trial length appear
to be more related to the structure of justice spending and the structure and
governance of courts than to the sheer amount of resources devoted to
justice.
Factors associated with shorter trial length include:
+
larger shares of the justice budget devoted to court computerization;
+
the active management of the progress of cases by courts;
+ the
systematic production of statistics at the court level;
+ the existence
of specialised commercial courts.
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