Bulgaria - Resourcing the Judiciary for Performance and Accountability : A Judicial Public Expenditure and Institutional Review
This report examines why, given the increasing resources allocated to the judiciary, there seem to have been only modest improvements in judicial performance. It lifts the veil on the conflicting opinions on the reasons for slow progress on perform...
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| Format: | Legal and Judicial Sector Assessment |
| Language: | English en_US |
| Published: |
Washington, DC
2012
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| Online Access: | http://documents.worldbank.org/curated/en/2008/06/9727447/bulgaria-resourcing-judiciary-performance-accountability-judicial-public-expenditure-institutional-review http://hdl.handle.net/10986/8076 |
| Summary: | This report examines why, given the
increasing resources allocated to the judiciary, there seem
to have been only modest improvements in judicial
performance. It lifts the veil on the conflicting opinions
on the reasons for slow progress on performance and
efficiency by analyzing the institutional environment within
which the judiciary functions and the key incentives
propelling the policy stances and actions of major
institutional actors. A supply-demand approach is then used
to review the challenges behind improving judicial
performance, focusing on resource allocation and management
issues on the supply side and on case inflow on the demand
side. This perspective enables consideration of both supply
and demand issues impacting judicial performance and offers
an opportunity to suggest actions and policy responses that
could enable policy makers to manage demand more effectively
while strengthening access to justice. Overall, therefore,
improving judicial performance now requires a shift from
increasing the overall level of resources to approaches that
do not increase the burden on the central budget. The key
challenge now confronting Bulgaria's judiciary is to
build on the reforms so far by developing, financing and
implementing a judiciary-wide modernization program to
sustain the transformation and demonstrate impact through
monitor able indicators of performance. The information and
analysis in this report much of it familiar to the
leadership of Bulgaria's judiciary, executive and
legislature could facilitate a consensus between the three
branches of power on the resources that the judiciary could
realistically expect to receive, and on the results that it
can be expected to achieve, given existing resource and
capacity constraints. In this dialogue, an exclusive focus
on judicial independence could risk diverting attention from
concrete measures needed to ensure that the judiciary is
adequately resourced and that mechanisms to ensure the
efficient use of resources and improved performance are in
place. Indeed, judicial independence is a fundamental
principle guaranteed by the Constitution and laws of
Bulgaria, and unconditionally respected with regard to the
judiciary's adjudicative functions. However, sustained
focus on the achievement of performance goals could have
important potential long-term benefits for the judicial
system, not only in terms of increased budgetary resources,
but more importantly in terms of increased public trust and confidence. |
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