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"judicial reform"
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Big-Data Measurement-Model Research about Judges’ Actual Workload in China
As the growing number of cases is draining the limited court resources in China, how to scientifically measure the reasonable saturated workload of judges has become an urgent issue. This issue is the prerequisite of other important topics such as determination of judges’ quotas, measurement of the actual workload of a trial team, performance evaluation of judges, and resource allocation within courts. Data-driven measurement of the actual workload of China’s judges depends on various factors such as local economic development, public transportation, case-load in the past, and staffing of assistant positions. Therefore, traditional approaches that depend only on a single element, such as cause of action, do not work well. We proposed a modelling framework based on big-data and machine-learning technology to more accurately measure the actual workload of judges. This framework extracts the core elements of judicial cases, assigns target workload to the cases based on feedback from judges and analyzing case samples to create a standard training dataset, and trains machine-learning models using the data. A preliminary case-weight calculation model is built using the framework. Besides, the model is continuously evaluated and improved by comparing its output with the actual demand in a court through methods such as sampling, questionnaires, and expert evaluation.
Journal Article
Judicial control of administrative activity and advantages of reorganization of the juridical system in the Republic of Kosovo
Scientific research paper entitled “Judicial control of administrative activity and advantages of reorganization of the judicial system in the Republic of Kosovo” is treated with standard writing, including the introductory part and corresponding chapters.In the introductory part of the paper is emphasized the importance of the topic which is treated, with particular emphasis on the importance of judicial control in the Republic of Kosovo.This paper aims to achieve three main goals: Firstly, highlighting the importance and ways of functioning of judicial control in general, secondly, explication the method of treatment and the importance of the application of judicial control in the Republic of Kosovo and thirdly, highlighting the challenges of judicial control in the Republic of Kosovo, especially after the reorganization of the judicial system.The paper is structured as follows: introduction, general views on judicial control, including the importance of judicial control. Within the structure, important theses constitute those theses dedicated to administrative justice in the Republic of Kosovo, the legislative framework and judicial system reform in the Republic of Kosovo, including its impact on the functioning of the administrative judiciary.In the last part of the paper there are clear and consistent conclusions and significant recommendations relating to general views about judicial control, with particular emphasis on their practical implementation in the Republic of Kosovo and the way of adjustment with the reforms in the field of administrative justice which are at the beginnings of the implementation.
Journal Article
Assembling the Puzzle of Judicial Reform: A Review of the Analytical Frameworks
The judicial reforms undertaken during the last thirty years have generated abundant literature on the subject, by authors with training in legal, political, or economic sciences. Most of these researchers acknowledge the extreme complexity of these reforms and use analytical frameworks specific to their discipline to understand the underlying issues and find possible solutions. Such studies typically aim to identify the strategies and tactics followed by the reformers, as well as the role of the main stakeholders (both within the justice institutions and outside) in the outcome of the reforms. The combination of these three disciplines in the study of the reforms through methodologies such as \"process tracing/analytical narratives,\" including elements of historical analysis, provides an integrated framework that should enable new progress in the study of a key area of democratic governance. To that end, this article presents a selection of the relevant literature about judicial reforms, based on the author's experience, and highlights the role of quantitative and perception data in a field where citizen expectations are increasing, but reliable and comparable information is scarce.
Journal Article
Of Judge Quota and Judicial Autonomy: An Enduring Professionalization Project in China
This article presents the findings of original research on “judge quota” reform. The reform's agenda was essentially aimed at professionalization: by edging out a given percentage of judges, only the better qualified judges would be re-appointed to create a more professionalized judiciary. A key component of the reform was to reduce the level and the intensity of both political and bureaucratic control over judges in adjudication and to decentralize judicial power to the rank-and-file judges, restoring individualized judging while enhancing judicial accountability. This article critically examines the potential and limits of the judge quota reform in the context of incremental legal reform in a party-state.
Journal Article
Policy and organisational learning in judicial reform: evidence from Italy
The Italian judicial system is well-known for its substandard performance by comparison with its European peers. In this article, we analyse the implementation of an important reform of the Italian judicial system designed and implemented in the context of the National Recovery and Resilience Plan funded by Next Generation EU. The reform, launched in February 2022, involves the introduction of a new organisational structure (The Office for the Trial) staffed with 16,500 newly appointed judicial assistants, representing an increase of about one third of the total judicial workforce employed in Italy. By leveraging the concepts of policy and organisational learning (OL), we show that variation of the modes of policy learning observed in implementation design is linked with variation in the organisational models adopted by different judicial offices to implement the reform. Then, by connecting organisational models to OL and focusing on the performance of five selected sections within the Court of Appeal of Milan, we show that organisational models informed by reflexivity are associated with better performance than models informed by hierarchy. The study contributes to scholarship on policy and OL, as well as providing a first, albeit limited and exploratory, empirical evaluation of a strategic public sector reform.
Journal Article
Judicial Reform in the Era of Digital Democracy from the Perspective of Ensuring the Rule of Law: The Perspective from Poland and Lithuania
In this article, we explore the complex challenges and opportunities arising from the digital transformation of the judiciary in the context of modern democratic societies, with a particular focus on Poland and Lithuania. As digital tools increasingly shape how justice is administered, ensuring the rule of law, transparency, and fair trials remains a central concern. We analyse the legal, institutional, and technological aspects of judicial reforms, including the use of remote hearings, algorithmic decision -making, online access to court services, and the risks of digital exclusion. Drawing on European standards, we highlight the need to strike a careful balance between innovation and fundamental rights. By examining recent legislative initiatives, court practices, and comparative insights from both countries, this article contributes to the broader discourse on the legitimacy, efficiency, and accountability of digital justice systems in a democratic setting.
Journal Article
“Detaching” Courts from Local Politics? Assessing the Judicial Centralization Reforms in China
The local party-state has always been a major source of extrajudicial influence in China. Drawing on interviews with judges, this article examines the impact of Xi Jinping's ambitious judicial centralization reforms, which are aimed at enhancing judicial autonomy by transferring authority over local court personnel and finances from local to provincial level. It finds that the reforms have achieved limited results. Although many appointment and budgetary powers were formally transferred to the provincial level, the local party-state retains considerable influence in both areas owing to its superior manpower, local knowledge and, in the case of developed regions, financial resources. Moreover, the local party-state maintains significant informal influence over the courts, which require many forms of discretionary assistance from various state organs – ranging from appropriating land for new courthouses to providing police protection for remote tribunals – in order to function. This setback highlights the depth and complexity of the courts’ political and economic embeddedness and serves as a reminder of the inherent difficulty of institutionalizing judicial autonomy, however limited, in a large and diverse party-state.
Journal Article
Judicial autonomy under pressure: a critical analysis of internal independence in administrative courts
This study presents a holistic examination of internal judicial independence within Ukraine’s ad-ministrative courts amidst ongoing judicial reform challenges. Through an analysis of European Court of Human Rights jurisprudence and domestic administrative justice practices, the research investigates various forms of influence on judicial independence, categorizing them through a four-dimensional framework: manifestations, actors, implementation methods, and frequency patterns. The investigation particularly focuses on systemic threats to judicial autonomy, including unofficial relationships among judges and hierarchical oversight practices. Drawing from High Council of Justice appeals, the research identifies key patterns of improper influence and proposes corresponding preventive measures. The findings emphasize the necessity for an integrated approach to strengthening judicial independence within Ukraine’s reform context, encompassing both legislative improvements and institutional safeguards. The study also establishes a clear correlation between judges’ internal independence and public trust in Ukraine’s judicial system.
Journal Article