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Raad voor de Rechtspraak

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on 6 March 2018

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Transcript of Raad voor de Rechtspraak

IN THE NETHERLANDS
THE JUDICIARY SYSTEM
DISTRICT
COURT

Spir-IT

LDCR

SSR
Our ambition
Simplified and faster procedures

Uniforming procedures in civil, administrative and criminal law

Realizing complete digital access
and internal digitalization

Our ambition
BENEFITS
Our ambition
WHAT HAS
TO BE DONE?
Our ambition
REQUIRES
CHANGES WILL
AFFECT PARTIES
CONNECTED TO
THE JUDICIARY
Better service to clients

Less administrative staff
and lower costs

Redesign of civil procedure: one
exchange of documents, then a hearing,
aimed at settlement or decision

All exchange of documents and
communication will be digital,
except for hearing
Overhaul of laws of procedure

Culture change of judges

Rapid expansion of
digitalization

LITIGANTS
JUDICIARY
Initiate a case electronically with DigiD and payment of court fees using iDEAL
Self service
24/7 access to consult your file and case status
Working entirely electronically
Greater overall steering function in proceedings
Produce judgments more efficiently
More control on cases
Digitalization, fix computer problems
as soon as possible, development of
standard applications at the lowest
cost / in-house.

+/- 320 FTE, providing for 12,000 work places

+/- 66,500 reported calls in 2010

Spir-IT
COOPERATING ORGANISATIONS
Lawyers: direct online communication
Bailiffs: in new legislation the bailiff does not always hand a summon
Cooperating Organisations: Direct system-to-system communication



- Board of Directors
(consisting of board members of the courts and the agencies)
- User council
(responsible for quality of service)
Central Appeals
tribunal
... QUESTIONS?
THE COURT SYSTEM
SELECTION
PROCEDURE
JUDGES
National Service Centre for the Judiciary
Organisation for all business tasks of the Judiciary
- Financial administration
- Purchasing and building management
- Collection of court fees and litigation costs
- HRM consulting
- Labor market communication and a recruitment site
- Information provision
- Judiciary Service Centre
MANAGEMENT
Initial training and permanent education
for judges, public prosecutors and legal administrative staff

Board of Commisioners
Council for the Judiciary
Board of Procurators General
SSR International
National and European courses
Seminars
Exchanges
Study visits
Current board members
Possible future management
Management
Possible future board members
Focus on four groups
Management Development Policy
Noord-Holland
Overijssel
Midden-Nederland
Noord-Nederland
Gelderland
Oost-Brabant
Limburg
Rotterdam
Team and department chairmen
Collective Management Development
POSSIBILITIES
Individual Management Development
1. Spokesperson
of the judiciary

2. Strategy development/
international cooperation
1. Preparation of the judiciary budget

2. Allocation of funds to the courts

3. Support to recruitment and selection procedures

4. Promotion of quality (and uniformity of law)

5. General advisory task regarding new legislation

6. Operational support


Non-statutory tasks
+/- 140 fte
Promoting the uniformed application of the law
Enhancing the quality of the management of the courts
A comprehensive quality system

Quality standards
Client and employee satisfaction surveys
Visitation
Review mechanism verdicts
Intervision
Organisation of knowledge
Goals
Tasks
Communication
External: media, social media, websites of Judiciary
Relations with politics: public affairs
Internal communication: within Judiciary, internal websites
Development since start (2002):

No official statutory task
From 2003: responsible for international
legal development & rule of law
Need of integration of European
law into Dutch judicial system
Sharing of knowledge on European level
Benefit for courts:
coordination by Council

European Network of Councils
for the Judiciary (ENCJ)
Bilateral cooperation
Eurinfra and other judicial networks
HRM (providing experts for
EU civil missions, Tribunals etc.)
Communication
Questionnaires
Coordination of international visits
Evidence regulation

Criteria for successful international co-operation

A clear demand and need from the receiving country/organisation.
Good relationship with board members, presidents etc.
Topics of expertise of
the Dutch judiciary
Co-operation: an equivalent co-operation to learn form both sides

Strengths of Dutch Judiciary

Financial system
Court management
Judiciary and the media
Public Affairs
Quality Management

International
Cooperation
Budget
€ 985 million
TASKS
- The Council for the judiciary is ultimately responsible.
Statutory tasks
(development on competences, coaching, intervision)
through courses at SSR

Career guidance within the courts

Presidents, judicial and non-judicial members, chairman
of the educational Institute, Managing Directors of Spirit
and National Service Centre

COURT
MANAGEMENT
JUDICIAL
MEMBER
NON
JUDICIAL
MEMBER
PRESIDENT
(2 judicial, 2 non-judicial)
4 full-time members

Term of office: 6 years (+ 3 years)

Nominated by Minister of Security and Justice after extensive consultative process within the Judiciary, appointed by Crown

Composition of the Council
Allocation of financial resources to the judicial system is decreed by law on an annual basis.

The Council for the Judiciary is accountable to the Minister of
Justice for the way in which
these resources are spent.

Performance bugeting:
budget court = number
of decisions (q) x the price
for that decision (p).

The Council distributes the
resources among the courts.

Each court decides on the way
in which the resources are spent.

Advice on
new legislation
PROMOTION OF QUALITY

and uniformity of law
BUREAU
Department of strategy
(division International Cooperation)

Department of HRM and
Organisational development

Department of Communication

Department of Finances

National Working Groups
Multidisciplinary staff: law, economics, HRM, communication, computer science, etc. within:

Management Development curriculum
for the Judiciary
Possibilities for development
Promising judges / promising employees in non-judicial positions
By 2020 the judiciary will be different in several ways
1. Full proceedings electronic from start to finish
2. Uniform access points to administrative and civil cases
3. Conflict resolution
4. Express hearings
5. Paper records of case progress will be kept for those who want them
Our ambition
A VISION FOR THE FUTURE


COUNCIL
FOR THE JUDICIARY
Supreme Court

Council of State

Trade and
Industry tribunal
Zeeland-West-Brabant
Amsterdam
Den Haag
REGION MIDDEN-NEDERLAND
REGION DEN HAAG
Current management
General advisory task about new laws which have implications for the judiciary system.
Requested and non-requested advice to the Ministries and the Parliament.
Takes into account:
IT and budgetary consequences
This process takes place in ongoing consultation with the courts.
POLICY
ON HRM
Board of the Court
a judge
Responsibilities

Personnel
Financial matters
Organization
Quality
Housing
Security
Information
technology
Line manager responsible for
part of the organisation under
his leadership.

Is given the necessary responsibilities and powers to
carry out this task in practice.

Management support units in areas such as personnel and organisation, finance and information management exist to provide support to the line manager.

Judicial and non-judicial
line managers

Integral
management
not a judge
requires different expertise
a judge

How they use their resources
The Courts are accountable to the Council for the Judiciary with regard to:
Day-to-day management of
the court in the following areas:
After extensive consultation of members of the judiciary (local and central)
Upon recommendation of the Council for the judiciary
By Royal Decree (i.e. Minister of Justice)
For 6 years with possible extension of 3 more years
Selection
Appointment
Support to the recruitment and selection procedures
The Council develops policies for the recruitment, selection and training of judicial and court officials.
In close co-operation with the boards of the courts. 
The Council has no authority in the area of disciplinary procedures against judges: President of the Court can give a warning. Supreme Court can dismiss a judge.
Evaluation of judges
The Council has no task as concerns the evaluation of the work of an individual judge. This is done within Courts.
Permanent education of judges
Norm: the hours spent on permanent education is 30 hours per year / 90 hours per 3 years.

Disciplinary measures are not a task of the Council
COUNCIL FOR
THE JUDICIARY
17 MILLION
inhabitants
2,300 FTE
judges
1.6 MILLION
cases
985 MILLION
budget
7,300 FTE
staff (incl. 5,500 for primary process)
11
district courts
32
locations
4
courts of appeal
2
special tribunals
15
court boards
45
board members
CONSTITUTIONAL
POSITION OF THE
COUNCIL

How judicial decisions are arrived at
The Courts are NOT accountable to the Council for the Judiciary with regard to:
Full transcript