Improving the Quality of Justice (IQ Justice)

Countries

Slovenia

Policy areas

Organisation name Supreme Court of the Republic of Slovenia

Contact person: Jasa Vrabec

jasa.vrabec@sodisce.si

Slovenia has successfully eliminated backlogs as a systemic problem that has burdened the Slovenian courts for two decades. The innovative, tailor-made solutions prepared within the judiciary have been recognised on an international level. The number of unresolved cases has been cut in half over five years and the length of trials has been significantly shortened, even though the number of judges has been reducing for the past decade. These improvements were recognised by the Council of Europe and the European Commission: the Secretariat of the Council of Europe adopted a decision in 2016, stating that trial within a reasonable time is no longer a systemic problem in Slovenia. The EC Commissioner for Justice and Consumers in her presentation of the EU Justice Scoreboard 2018 mentioned Slovenia as the country which had significantly reduced the number of unresolved cases.

All these positive steps made it possible for the Supreme Court of Slovenia to strategically address issues regarding quality. Two main problem areas have been identified: the quality of judicial work (skills and transfer of knowledge) on the one hand and the low trust in the judiciary on the other.

These problems had to be addressed with limited human and financial resources, and bearing in mind that Slovenia has no real judicial academy and there is no formal obligatory specialised training for court staff.

The goals of the project were multiple and interconnected:

  • increase the quality of judicial activity;
  • increase the competence of court staff to enable them to support judges in their work;
  • better satisfaction of court staff and judges with working conditions within the judiciary;
  • improve communication between judges of different court instances;
  • better communication with court users by providing procedural justice;
  • foster judicial self-governance;
  • increase trust in the judiciary.

The activities within the IQ Justice project have been evolving organically. More judges are trained to be mentors to new judges, so more new judges became mentored. Similarly, judicial workshops with supervision techniques are receiving more applications, following the word-of-mouth praise of judges who took part, creating a more integrated community within the judiciary.

As the documents are regarded as living instruments, reflective of changes in the legislation and case-law, they will be updated regularly. It should be noted that in line with the living instrument approach, there is an online platform attached to every manual where the users can comment on the content and suggest improvements. Following the example of the manual for new judges, a special manual will be prepared for new members of court staff. The same applies, mutatis mutandis, to the procedural justice component of the IQ Justice project – the brochures and the website will be regularly updated, supplemented by new animations. The brochures will be disseminated in all courts in the second half of 2019. To encourage even more judges and court staff to use them, more presentations will be made at training events to reach as wide a potential audience as possible. Other stakeholders will be informed including the Ombudsman, the Ministry of Justice, and the Ministry of Education, Science and Sports. Special training events are foreseen for judges and court staff across the country to familiarise them with procedural justice issues and challenges.

The total quality management approach, which stems from the needs of users, judges, court staff and court users, and the methods used in the IQ Justice project are usable in other courts or court systems. All the planned activities and products delivered in the project came as a direct consequence of qualitative research. The findings of such research might vary from country to country, as some of the issues judicial systems have to address are common and similar, others are specific to a court or a country. However, the added value of the project lies in its focus to foster the sharing of knowledge and practical experiences (these differ from country to country) which exist within the judicial system. It does not offer a final document or a solution; it rather outlines a methodology on how to meet challenges people face, either at the workplace or in contact with courts, and how to tackle them.

The project is of particular interest to countries with a similar situation as Slovenia, where there is no judicial academy for judges and judicial staff. The Slovenian example shows that even with limited financial, spatial and human resources, a well-planned and structured project with motivated representatives of judges and judicial staff (supported by the court leadership) can result in the overall improvement of the judicial system. This approach has a potential not only to improve judicial proceedings, it can lead to – as it did in Slovenia – a more cohesive judicial community.

The systematic changes to the Courts Act significantly strengthened judicial self-governance in Slovenia. The essential functions of judicial administration that support judicial independence (e.g. management of knowledge, the courts’ budget, human resources and IT) were gradually transferred to the Supreme Court. The law also enacted the duty of the candidate for the position of the president of the court (including the Supreme Court) to prepare a six-year strategic programme for the work of the court, including the priority areas of work. The President of the Supreme Court defined in his six-year strategic programme the areas of quality, independence, efficiency of judicial adjudication and procedural fairness as the cornerstones of his work.

Every February the Supreme Court organises the opening of the judicial year where it outlines the priorities in the area of judicial administration. At the opening of the judicial year 2015, the Slovenian judiciary committed itself to prepare a multi-annual project of improvement of the quality of justice.

The ultimate goal of the project is the enhanced quality of justice at different levels. While it is acknowledged that the IQ Justice project may take time to deliver final results, some targeted results were already achieved, such as:

  • better satisfaction of judges and court staff with working conditions;
  • materials available to help them with daily tasks;
  • enhanced feeling of connection between judges and courts based on common values and goals.

Some of the impact was directly measured with surveys; others are indirectly reflected, e.g. through better judicial decisions, trials conducted in a more just and fair manner. The satisfaction of judges and court staff at all workshops and events is regularly measured. The results are very high (around 4.5 out of 5) and the beneficiaries have warmly welcomed the new approach.

A better satisfaction of judges and court staff with the training provided is also evident from the regular quantitative satisfaction survey, where this aspect saw an important rise from 6.6 out of 10 in 2013, to 7.9 in 2015 and 8.3 in 2017. The desired effect of the procedural justice part of the IQ Justice project is a better understanding of court procedures and the nature of judicial work among the general public, accompanied by higher awareness of judges and court staff as to questions concerning respect, dignity, right to be heard, impartiality, etc. In the long run, these improvements should lead to a better satisfaction with court services and higher trust in judges and courts.

Tangible effects can already be seen through different satisfaction surveys. Already at the end of 2017, the trust in courts, according to the survey of the Supreme Court, had slightly increased, with a noticeable fall of the part of the people who do not trust the courts at all and an increase of those who do. The improvement in public trust is also evident from the European Semester Country Report Slovenia 2019 of the European Commission, where it is expressly stated (p. 41) that the 2019 EU Justice Scoreboard ‘shows improvements in the perception of judicial independence’. Additionally, the project is highlighted in this report: ‘A comprehensive survey of court users has been launched, aiming to further improve the quality of justice … The Supreme Court’s detailed examination of court users’ views of the justice system will feed into the reform agenda on quality of justice.’

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