sli-jc-path methodology
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SLI-JUDICIAL-PATH (J-PATH) METHODOLOGY
Extensive experience assessing reforms impacts, the Supply Chain Management (the Map) of justice institutions and evaluation of justice institutions functional skills, human resource assets and training needs baseline. The assessment methodology includes ensuring participation of relevant stakeholders to inform the assessment and obtain buy-in for resulting recommendations and planned actions. The assessments are designed to provide a photo of current status, human resource assets, leadership, mission, define priorities for action, and provide measurements for later advances. The process allows the project to identify current capacities of justice institutions both in their administrative and policy making functions as well as the day-to-day operations in order to introduce the most affinitive and consensus-based skills to further the quality of justice sector services.
The assessment process consists of several well-defined steps.
Initial Desk ReviewReview of background material provided by contractor, other stakeholder information, and materials researched by myself. These will include existing studies, public opinion surveys, and best practices on rule of law reforms. This initial desk review will help develop:
Background and context Initial baseline Objectives and scope of the Assessment Identify Limitations Assessment Utilization
The Supply Chain Management (the map) of legal and judicial services
Justice is everywhere very old organization. The judicial map has in many countries become obsolete, inefficient and irrelevant with dimensions and competencies not adequate for needs and realties of territory and society. The baseline assessment for assessing map of legal and judicial services network, their geographical locations, size and specialization of expertise and optimizing the Supply Chain Management in terms of their size and location is first step in judicial reforms. This study would help decision makers to design or re-design map of justice sector institutions close to users. This study will help maximize the service level of justice, while optimizing operational costs and investment. This exercise will lead through following phases:
Assess current map baseline and indicators Set objectives and criteria Build and measure indicators Define new justice institution map Key factors and additional factors for definition of judicial map Implementing the judicial map Measuring the impact of judicial reform map
FACTORS FOR FOCUS IN ASSESSMENT
INDEPENDENCE AND ACCOUNTABILITY OF JUDICIARY
Rationale
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Articulating a common understanding of independence and accountability
New dimensions of independence
New frontiers of judicial accountability
Institutional internal and external independence and accountability
Courts independence and accountability
Individual judges and prosecutors independence and accountability
Balancing independence with voice, responsibility, impartiality, competency and accountability
International and EU obligations, standards, best practices
Achievements and impact of the past reforms
The legal landscape
Institutional landscape
Perceptions
Way forward
Looking beyond 2015: Setting priorities for post 2015 and beyond
IMPARTIALITY AND TRANSPARENCY OF JUDICIARY AND OF JUDICIAL PROCESSES
Rationale
Defining and articulating the concepts: changing definitions of judicial transparency and impartiality
Elements of impartiality
Elements of transparency
Transparency and impartiality of process and procedures
Increasing impartiality of judiciary through data producing and sharing
International and EU obligations, standards and best practices
Milestones reached and legal landscape
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Way forward
Looking beyond 2015: Importance of impartial and transparent judicial system
ORGANIZATIONAL CAPACITY AND COMPETENCY OF JUDICIARY
Rationale
Conceptual underpinnings of organizational capacity
Capacity development core issues-institutional arrangements, leadership, knowledge and accountability
Elements of 21ST Century strategic institutions: Fit for purpose institutions and motivated human force
International and EU standards and best practices
Capacity of MOJ to perform functions, solve problems, and set and achieve objectives in a sustainable manner- performance, stability and adaptability
Capacity of higher judiciary to perform functions, solve problems, and set and achieve objectives in a sustainable manner- performance, stability and adaptability
Capacity of a court-performance, stability and adaptability
Capacity of individual judges- performance, stability and adaptability
Capacity of prosecutors- performance, stability and adaptability
Government and treasury lawyers
Capacity of society
Milestones achieved over last 10 years
Way forward
Looking beyond 2015: Role of institutions in a competitive judicial system and strategic state
LEADERSHIP, MANAGEMENT AND ADMINISTRATION OF JUDICIARY Rationale Articulating key definitions and concepts Principle based Management and administration Understanding professionalism and competency Lungs of professionalism
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Justice, fairness and merits in side justice institutions
International and EU standards and best practices
Ten core values of excellent courts
Professionalism and competency in judiciary
Promotion of external orientation
Judicial decision making coordination
Judicial planning and policies
Professional Management and administration of MOJ
Professional Management and administration of higher judiciary
Professional Management and administration of a court
Professional Management and administration of a prosecution office
Impact of past reforms
Judicial planning and policies coordination
International and EU standards and best practices
Way forward
Looking beyond 2015: Role of professional management and administration of justice institutions
EFFICIENCY AND EFFECTIVENESS OF JUDICIARY
Rationale
Defining efficiency and effectiveness of judiciary
Elements of efficiency and effectiveness of judiciary International and EU standards and best practices
Defining performance standards
Delivery of justice standards and criteria
Access to civil, family, administrative, military and criminal judiciary
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Expeditious and timeliness
Equality, fairness and integrity
Consistency and predictability in decisions
Cost benefit analysis of prosecution and state/government litigations
Performance standards and indicators for judiciary, courts and prosecution office, individual judges and prosecutors
Measuring performance of judiciary, courts and prosecution office, individual judges and prosecutors
Efficiency and effectiveness of civil and family justice
Efficiency and effectiveness of administrative justice
Efficiency and effectiveness of criminal justice system
Efficiency and effectiveness of military judiciary
Impact of past reforms
Way forward
Post 2015: Need for competitive, cost effective and delivering legal and judicial system for development
CONSISTENT, TRANSPARENT AND PREDICTABLE PROCESSES AND PROCEDURES
Rationale
Articulating key concepts and defining terminologies
Consistent and predictable procedures within and without
Fair and transparent procedures and processes within and without
Consistent rules for interpretation of evidence and application of laws
Simple and fair processes for prosecution and trial
Transparent processes for prosecution and trial
International and EU standards and best practices
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Charter of relationship between judges and attorneys
Charter of relationship between judges and prosecutors
Citizens Service charter
Court services charter
Impact of reforms and current state of affairs
Way forward
Looking beyond 2015: Role of processes and procedures in delivery of legal and justice services
EXPEDITIOUS AND TIMELY DISPOSAL OF CASES-COURTS AND CASE MANAGEMENT Rationale Articulating common understandings and defining the concepts Reasonable time or optimum and foreseeable timeframe Judicial management Courts and prosecution management Case management Case flow management Procedures and trial management Life cycle of a civil and criminal case-stages, actors, actions, contributions-process-progress-
bottlenecks (inputs, output, outcome chain) International and EU best practices standards Assessing the success of past reforms Current state of affairs Way forward Looking beyond 2015: Role of case management, case flow management
ACCESS TO JUSTICE, LEGAL AID AND COMMUNICATION TO PUBLIC
Rationale
Key concepts and definitions
Conceptual underpinnings of access to justice
o Access to justice
o Self-representation
o Legal aid, meanings and modes of
o Affordable and accessible judicial services
Fundamental elements of access to justice
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Key Elements in Court House Design
Public communication and access to information
International and EU obligations, standards and best practices
Barriers to access to justice
o Legal barriers,
o Institutional barriers,
o Economic barriers
o Social barriers.
o Political barriers
o Other forms of barriers in relation to claiming rights
Legal identification and protection
Legal awareness
Balancing opportunities with voice and accountability
IT role in modernizing and reforming mechanism to access to justice
Promoting a sustainable, accessible and integrated justice through legal education
Impact of reforms
Weaknesses and challenges in the existing system
A roadmap for access to justice-innovation goals, institutional and structural goals and research and funding goals
Looking beyond 2015: Innovative methods for access to justice and legal aid in the age of mass communication
CONFIDENCE, TRUST AND USERS SATISFACTION IN LEGITIMACY OF LEGAL SERVICES AND JUDICIARY
Rationale
Articulating and understanding the concepts
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Balancing opportunities with voice and accountability
Communication standards
Public relations standards
Citizens charters
Court services charters
Prosecution services charters
Coordination within judicial institutions
Public confidence and trust in judiciary
Participation of users
Open and democratic legal and judicial system
Accountability through transparency
Way forward
Looking beyond 2015: Open, transparent, accountable and delivering judicial system
LEGISLATIVE FRAMEWORK AND LAW MAKING PROCESS
Rationale
Defining and articulating concepts of sustainable, efficient, effective laws
Legislative strategies for promoting cohesion, integration and social change
Elements of good high quality laws
Pre and post Regulatory Impact Analysis (RIA)
Policy development process-information sharing, consultation and participation
Legislative process-independent, impartial, inclusive, transparent, democratic
Drafting process
A law that reshapes society must emerge from wider consensus of society
Practical and enforceable laws for delivery of justice
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Causes and sources for implementation gaps
Bridging Implementation gaps
EU and OECD obligations and international best practices
Way forward
Looking beyond 2013: Sustainable laws and regulation are critical for sustainable development, foreign and domestic investment
LEGAL EDUCATION AND TRAINING FOR JUSTICE PERSONNEL
Rationale
University education
Matching skills with emerging development needs of society
Legal services standards
Lawyer education- entry criteria and CLE and regulatory authority, ombudsperson
Paralegal and support staff training and CLE
Judicial education and training
Prosecution education and training
Support staff education and training
Notaries and support staff education and training
TOT
The current state of affairs
International and EU best practices
Looking beyond 2015: promoting a sustainable, accessible and integrated justice agenda through life long legal education
PREVENTIONS, ALTERNATIVE DISPUTE RESOLUTION AND DIVERSIONS
Rationale
Articulating common definitions and conceptual underpinnings
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Prevention, diversions, ADR, reconciliations, restorative justice
Alternative to punishments in criminal cases
Corporate punishments civil penalties, infringement notices
Prosecution lead reconciliation
State based non-judicial grievance mechanism
Non-State based grievance mechanisms
State-based judicial dispute resolution
Risks analysis and managing risks
The drivers, actors and beneficiaries of disputes
International and EU obligations and best practices,
Impact of past reforms and impact
Way forward
Looking beyond 2015: A transformative shift-articulating role of society in prevention and resolution of dispute
RESPECT, PROTECT AND ENFORCEMENT OF HUMAN RIGHTS, PREVENTION OF ILL-TREATMENT AND TORTURE AND HUMAN RIGHTS VIOLATIONS ARISING FROM BUSINESSES, INVESTIGATION, ADMINISTRATIVE, PROSECUTION AND JUDICIAL PRACTICES
Rationale Key concepts and definitions
Articulating human rights violations arising from business
Grievance Grievance mechanism Understanding ill-treatment and torture International and The EU standards and best practices Access to services free of corruption Role of Ombudsperson and other human rights bodies Barriers to access to justice and grievance Prisons treatment and standards Access to information Anti discrimination Equality of genders and vulnerable groups International human rights and EU human rights obligations
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Impact of past reforms Way forward Looking beyond 2015: Underpinning human rights based approaches in justice delivery
BAR ASSOCIATIONS AND LEGAL PROFESSION
Rationale
Role and scope of Bars in:
o Justice delivery
o Education and Legal awareness
o Access to justice Public confidence
o Medication and conciliation
Education and trainings of lawyers both public and private good
Constant and real time communication between Bars and judiciary
Charters of relations of judges, prosecutors and lawyers
Customer service charter
Transparency of lawyering process
Lawyers regulatory authority
Legal services ombudsman
The EU and international best practices
Looking beyond 2015: Changing role of the Bar Association as partners and stakeholders of justice and judiciary
NOTARIES
Rationale
Role ad scope of notaries in justice delivery
Importance of Notaries in service delivery
Notaries as Gatekeepers of financial system
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Risk analysis
Risks management
Prevention of disputes
Dispute resolution
Legal services and advisory services
International and EU best practices
Overview of past reforms and impact
Looking beyond 2013: Enhancing the role of Notaries in prevention, diversions and mediation
FORENSIC INSTITUTION, EXPERT WITNESS, WITNESS AND VICTIM PROTECTION
Rationale
Partners of justice
Defining witness, victim and whistleblowers and aids to judiciary
Importance of modern investigative techniques
Policy decisions, issues and challenges
Need for uniform forensic evidence mechanism
Single regulatory mechanism
Witness and victim protection
Victims’ journey through criminal justice system
International and EU standards and best practices
Victims’ Code, the UK 2013
Legal and institutional landscape
Impact of past reforms
Looking beyond 2013: changing role of forensic sciences in delivery of justice and need for uniformity and coordination
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INTERNATIONAL COOPERATION IN CIVIL AND CRIMINAL MATTERS
Rationale
Defining MLA, joint investigation, extradition, transfer of proceedings, extradition and transfer of convicted persons
International Cooperation in Civil and Criminal Matters
Coordinated and proactive fight against organized crimes
Nature of organized crimes
Fight against organized crimes-money laundering, human trafficking, drug trafficking, counterfeiting etc.
Enforcement of foreign arbitral awards
International and EU obligations
Way forward
Looking beyond 2013: Coordinated and proactive fight against organized crimes
ENFORCEMENT OF COURT DECISIONS AND BANKRUPTCY SYSTEM Rationale Types of enforcement agencies
Current state of affairs
Insolvency and bankruptcy at the crossroads
Evolving role of dispute resolution in bankruptcy and enforcement
International and EU obligations, CEPEJ standards and best practices
Enforcement of foreign arbitral awards
Alternative enforcement mechanism
Disposal of forfeited and confiscated property
Impact of reforms
Way forward
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Looking beyond 2015: Role of enforcement and bankruptcy in efficiency and effectiveness of justice system
WORKING OF PENITENTIARY SYSTEM
Rationale
Defining Probation, rehabilitation and reformation
Changing definitions and concepts about punishment and prisons Current state of affairs
Charting impacts of past reforms
International and EU obligations, standards and best practices
Challenges and issues
Drawing from successful experiences of Germany and Dutch
Alternative to prisons
Civil penalties, infringement notices and other penalties
Society role in reformation and rehabilitation
Voluntary probation associations
Looking beyond 2013: Transformative shift from punishment to reformation and rehabilitation
CROSSCUTTING ISSUES
GENDER JUSTICE ISSUES Rationale Key Concepts of gender justice Role of gender justice in development and social cohesion Gender access to justice and institutions
Strategies for mainstreaming gender into justice institutions
Key ingredients for integrating gender perspective in justice
Access to courts and prosecution offices
Safety and security in the courts and prosecution offices
International and EU obligations, standards and best practices
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Impact of reforms on gender justice
Key recommendations for integrating gender perspectives into access to justice services and delivery of justice services
Looking beyond post 2013: Role of gender justice in development and social cohesion
JUVENILE JUSTICE
Rationale
Concepts around juvenile justice
Putting child interest first through prevention and education
Justice education as life skill at schools
International and EU obligations, standards and best practices
Protection of children from violence from internet and associated technologies
Analysis of the past reforms
Looking beyond 2013: Putting the children first through prevention and education
TREATMENT OF VULNERABLE GROUPS
Rationale
Defining and identifying vulnerable groups
Status of vulnerable groups
Empowerment of vulnerable groups
Inclusive role of vulnerable groups in national development, peace and security
International and EU obligations, standards and best practices
Drawing from experience of others-Victims code UK
Looking beyond 2015: leaving no one behind is a key for development, peace and security
MALPRACTICE, CORRUPTION AND INSTITUTIONAL INTEGRITY
Rationale
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Revisiting definition and implications of corruption in Judiciary
Dimensions of corruption in judiciary
Institutional integrity, compliance, policy and enforcement
Understanding institutional integrity model
Identification of risk areas
Risk management
International and EU obligations, standards and best practices
National anti-corruption strategy
Anti-corruption Compliance is more than adopting a policy and strategy
Over view of impact of past reforms
Way forward
Looking beyond 2015: Compliance and enforcements are equally critical as policy, laws and regulations
ANALYSIS, SYNTHESIS AND MAJOR FINDINGS
Trailbreakers, trendsetters, shapers and makers of the future
Key policy issues, challenges and options
Outcomes, Impacts and Sustainability
Major challenges of justice systems
Lessons learned, documentation od experiences and best Practices
RECOMMENDATIONS
A strategic vision for justice and judiciary
Key milestones for the transformative agenda
Looking beyond 2015: A new role for judiciary and governance
Pushing the envelope: the rule of law in the modern world
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Post 2015 Dimensions of rule of law and governance
Role of law, justice and judiciary in society and development- a transformative shift
Role of law-social inclusion, cohesion, integration and sustainable development
Why not keep ahead of the game. Make history or become history
Need for transformative pledges to make legal and judicial system competitive
STRATEGIC FRAMEWORK FOR POST 2015 LAW, JUSTICE AND JUDICIARY
Strategic vision and conceptual framework for post 2015 law and judicial system
What kind of system will be needed after 2015
Rationale and need for post 2015 transformative shift:
o Leave no one behind through consultation, participation, inclusion and feed back
o Put sustainable justice, compliance, delivery of services and development at core
o Transform justice system for fair competition, equal level playing field, unleashing
potentials for innovation, justice for all
o Build peace, security, social cohesion and integration, open and accountable institutions
o Forge new global partnership- domestic, regional and international
Strengthening government citizens relations
Building framework and tools for government-citizens relations
Developing capacity for evaluation of government-citizens relations
Role of law in society-law as cohesive force, integrative force, healthy competition, unleashing potential of innovation, balancing of interests in society
Looking for innovative approaches to legal, regulatory and judicial reforms
Designing Legislative Governance Structure for consistent, accessible, democratic, participative and stable laws and regulations
IT role in modernizing and reforming mechanism to access to justice
Investing in human capital and life long and continuous legal education
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Measuring and delivering justice in post 2015 scenario
Strengthening governance and decision making to promote a culture of co-operation and collaboration
Addressing disconnects at the political, administrative and judiciary interface
Establishing a coherent prosecution, judiciary and prison system
Embedding a culture of co-ordination, collaboration and co-operation within the entire judicial system
Focus on citizens and mother state. Democracy is balance of legislative, executive, administrative and judicial powers.
Learn Lessons, share good practices through peer learning
Six guiding principles for change of legal and judicial system
o Put the public first
o Collaborate and coordinate
o Prevent and education
o Simplify, make coherent, proportional and sustainable
o Take action
o Focus on outcomes
o Sustained and major system wide change through cultural and institutional innovations,
research and sustained reforms
Open data, creation of robust data, and transparency of data
Robust governance, M&E structure for policy development, drafting of laws, regulations and byelaws need for an oversight body
Prevention, diversion and restorative justice policies
Strategic vision and conceptual framework for post 2015 law and judicial system
Key milestones of the transformative change and cultural shift
Agenda for Criminal law, procedure and human rights
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Agenda for Military Justice
Juvenile justice
Gender justice
Agenda for prisons and probation management
Agenda for civil and commercial law and procedure
Agenda for family law and child justice
Agenda for Administrative Law, principles and procedure
PRIORITY AREAS FOR PROJECTS
ACTION PLAN
Process for action plan is critical. It is ambitious, responsive, relevant, transparent and accountable with SMART commitments. It should be solution oriented and not problem oriented.
Clear and achievable strategic goals-short terms-medium terms-long term-continuous objectives
Inputs-material and human resources
Activities
Outputs
Outcomes
Impacts
Responsible institutions
Timeline
MONITORING AND EVALUATION (M&E) MECHANISM
M&E mechanism should be independent, impartial, transparent, inclusive, resourceful, with sustained budget and accountable. It should be independent of Action Committee. It could be under the same Steering Committee. M&E mechanism may either be central or separate in each major justice institution.
Sustainable institutional arrangement for M&E framework-central and institutional
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A realistic and widely agreed M&E Plan
Result based M&E Matrix comprising:
o Expected results
o Measurable targets
o Baseline value
o Performance Indicators
o Units of assessment
o Sources of information/data
o Data collection method
o Time and schedule
o Frequency of evaluation
o Transparency
o Accountability to higher forum
o Responsible institutions
The M&E Matrix is linked to strategic goals, inputs/resources, activities, outputs, outcomes and impacts.
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