The Number of Cases Received by the Supreme Court Is More than Twice Higher than European Average Rate – CEPEJ

The European Commission for the Efficiency of Justice (CEPEJ) has published the 8^th Report “European judicial systems – CEPEJ Evaluation Report – 2020 Evaluation cycle” (based on 2018 data). The Report covers two-year period and highlights main trends in justice systems of the Council of Europe member states, as well as three observer States to the CEPEJ, including Israel, Morocco and Kazakhstan.

This year, the Report is composed of three parts. The first one contains tables, graphs, statistical and analytical data reflecting trends of European justice systems in terms of budget, professionals, court organization, users of judicial services, IT, efficiency and quality of justice. On the basis of these rates, countries profiles are formed in the second part. All the qualitative and quantitative data collected by the CEPEJ since 2010 has been joined in the third part of the Report.

In general, despite the lowest in Europe economic rates, GDP and inflation, Ukraine has a range of positive trends in justice system defined in the CEPEJ Report.

According to experts, Ukraine has demonstrated the highest increase of budget allocated to the justice system among European countries during the period from 2016 till 2018 – +83% in euro and +105% in local currency. It is noted in the Report that Ukraine, as part of its judicial reform, invested in increasing the salaries of judges and court staff, renovating court buildings, improving conditions of accessibility to justice for citizens, as well as equipping courts with information and telecommunication technologies. In particular, the budget for computerization of courts has increased by 138 %, for salaries of judges and staff members of courts – by 45 %, and for studying and education of justice professionals – by 37 % correspondingly.

One of the highest budget increase, namely + 135 % in euros and + 163 % in national currency, has been fixed for free of charge legal aid. The increase is explained by the rise in the lawyers’ hourly pay in Ukraine and the increase in the number of cases for which legal aid has been granted.

At the same time, the rates of court fees and taxes redistributed by Ukraine in 2018 to finance the justice system and courts separately (18 % and 29 %) are at slightly higher level than European average one, while European median rate is 13 % and 20 % respectively.

As for human resources and their quantitative distribution among justice professionals in Ukraine, the number of judges and lawyers per 100,000 citizens is generally in line with European trends, while the number of prosecutors is twice higher than the European average rate.

Experts paid attention to the significant outflow of judges in Ukraine – by 30% for the period from 2010 to 2018, caused, in their opinion, by the judicial reform implemented in 2016. The total number of courts has also decreased by 11 %. However, the rate of citizens' access to justice on a geographical basis per 100 thousand citizens as of 2018 is within the European median.

Despite a significant increase in funding for the introduction of information and telecommunication technologies in courts, Ukraine has a relatively low level of their use in all jurisdictions and in all rates identified in the report: promptness of implementation, communication between courts, their application in court management etc.

According to the methodology developed by CEPEJ for assessing the quality and efficiency of justice, Ukraine is on the list of 15 countries that show stable satisfactory results in the consideration of administrative cases in the courts of first instance during 2010-2018. On the other hand, the number of civil and commercial cases received by the highest instance – the Supreme Court for the period from 2010 to 2018, is twice or even more higher than the European average rate. However, judgments in administrative and criminal cases are reviewed and adopted by the Court twice prompter in comparison with other higher courts, the experts remark.

More details on the CEPEJ Report on trends in European justice systems as of 2020, according to 2018 data, can be found at this link, country profiles are available here.

Reference: the European Commission for the Efficiency of Justice (CEPEJ) was established on September 18, 2002, in accordance with the Resolution of the Committee of Ministers of the Council of Europe to increase the efficiency of judicial authorities of its 47 member states and the implementation of the Council of Europe standards and recommendations.