New System of Case Distribution in Common Courts

News | Rule of Law | Publications | Analysis 27 March 2019

Introduction of the electronic system for case distribution in Common Courts is one of the most important novelties introduced under the "Third Wave" of judicial reform. One year monitoring revealed the following significant challenges with regards to the full implementation of the new system:

 

- The insufficient number of judges excludes the possibility of the random distribution in every court;

 

- Due to the fragmented and intermittent changes adopted by the High Council of Justice the list of exemptions from random distribution has been dramatically increased;

 

- The Chairmen of the Courts have maintained several vague and problematic authorities. Authority of Chairperson to assign judges to narrow specialties raises special concerns;

 

- During the system failure, the process of distributing cases by the Chancellery staff between the judges based on the sequential rule is flawed.  The important rules applicable during delays of the system are regulated by the normative act of the High Council of Justice;

 

- Number of provisions of the procedural legislation are not in line with the fundamental principles of random distribution.

 

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