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Judicial Independence and Separation of Powers: A Case Study in Modern Court Management

Judicial Independence and Separation of Powers: A Case Study in Modern Court Management The construction of a court management organization in the judiciary touches the heart of judicial independence and separation of powers. It is vitally important to have sufficient safeguards against outside pressures from executive branch authorities, to maintain the independence of the judiciary and respect separation of powers. In the Netherlands, a modern court management organization has been established to improve judicial efficiency and enhance the quality of the administration of justice. Executive branch authorities, such as the Minister of Security and Justice, obtained broad supervisory powers concerning the operational management of the courts of the judiciary. In supervising the operations of the courts, these non-judicial authorities turn out in practice to be intensively involved in the way in which the judges handle cases. This organizational structure does not satisfy standards of judicial independence and separation of powers. Fundamental changes in this management structure have to be considered. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Judicial Independence and Separation of Powers: A Case Study in Modern Court Management

European Public Law , Volume 22 (2) – Apr 1, 2016

Judicial Independence and Separation of Powers: A Case Study in Modern Court Management


Paul P.T. BOVEND'EERT* The construction of a court management organization in the judiciary touches the heart of judicial independence and separation of powers. It is vitally important to have sufficient safeguards against outside pressures from executive branch authorities, to maintain the independence of the judiciary and respect separation of powers. In the Netherlands, a modern court management organization has been established to improve judicial efficiency and enhance the quality of the administration of justice. Executive branch authorities, such as the Minister of Security and Justice, obtained broad supervisory powers concerning the operational management of the courts of the judiciary. In supervising the operations of the courts, these non-judicial authorities turn out in practice to be intensively involved in the way in which the judges handle cases. This organizational structure does not satisfy standards of judicial independence and separation of powers. Fundamental changes in this management structure have to be considered. 1 INTRODUCTION In November 2012, a group of appellate court judges in the Netherlands published a statement expressing their displeasure about recent developments in the Dutch judiciary. In this `judges' manifest', the judges expressed criticism against the national Council for the Judiciary, against the procedure for appointing new presidents and other board members for the courts, as well as various aspects of the way these courts operated. The Council for the Judiciary's members were, the judges' manifest claimed, too remote from the courts.The judges had no influence whatsoever in appointing the Council's members. The Council had an unjustifiably large say as to the composition of the court management boards, including the court presidents. The judges had no say at all. The Council for the Judiciary acted like the management board of a large corporation, with the court management boards as...
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Kluwer Law International
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Copyright © Kluwer Law International
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1354-3725
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Abstract

The construction of a court management organization in the judiciary touches the heart of judicial independence and separation of powers. It is vitally important to have sufficient safeguards against outside pressures from executive branch authorities, to maintain the independence of the judiciary and respect separation of powers. In the Netherlands, a modern court management organization has been established to improve judicial efficiency and enhance the quality of the administration of justice. Executive branch authorities, such as the Minister of Security and Justice, obtained broad supervisory powers concerning the operational management of the courts of the judiciary. In supervising the operations of the courts, these non-judicial authorities turn out in practice to be intensively involved in the way in which the judges handle cases. This organizational structure does not satisfy standards of judicial independence and separation of powers. Fundamental changes in this management structure have to be considered.

Journal

European Public LawKluwer Law International

Published: Apr 1, 2016

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