STATISTICAL AND COMPARATIVE CHARACTERISTICS OF THE EFFICIENCY OF THE JUDICIAL SYSTEMS OF EUROPEAN COUNTRIES (BASED ON MATERIALS OF THE EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE – CEPEJ)

УДК 34(3/9):347.9

DOI 10.37566/2707-6849-2024-3(48)-2

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Oleksandra YANOVSKA,

judge of the Criminal Court of Cassation within the Supreme Court,

representative of Ukraine in CEPEJ, doctor of legal sciences, professor

STATISTICAL AND COMPARATIVE CHARACTERISTICS OF THE EFFICIENCY OF THE JUDICIAL SYSTEMS OF EUROPEAN COUNTRIES (BASED ON MATERIALS OF THE EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE – CEPEJ)

The article examines individual statistical indicators of the functioning of the judicial systems of European countries and their impact on determining the efficiency of the administration of justice. The analysis is conducted based on materials of the European Commission for the Efficiency of Justice (CEPEJ) obtained during the assessment process as of 2022. The author conducts a comparative analysis of statistical data on the efficiency of the judicial systems of European countries, which will contribute to the further development of systemic changes in the national judicial system of Ukraine.

The article emphasizes that there are indicators of the functioning of the judicial system that are objectively measurable (for example, the timeliness of consideration and resolution of court cases), and there are a number of indicators that generally contribute to ensuring the efficiency of justice (specialization and stability of the judicial system, professionalism of judges and court staff) or, in general, are a consequence of the functioning of an effective judicial system (public authority and trust in the court).

Despite the full-scale military aggression against Ukraine, the national judicial system has shown signs of resilience and stability, demonstrating indicators corresponding to the average European efficiency of the administration of justice as of 2022. Despite difficult organizational conditions and staff shortages, the duration of consideration of court cases in Ukraine does not exceed the median value for the member states of the Council of Europe. The financial support of the judicial system in Ukraine demonstrates the one of the lowest indicators among all participating states in the assessment carried out by the CEPEJ, and is also characterized by a significant imbalance in the distribution of budget funds between the bodies of the justice system in the country. In order to overcome the identified problems, it is advisable to implement a mechanism for identifying trends in the reform of the national judicial system through quantitative and qualitative analysis, with the aim of further developing a specific and targeted strategy with the definition of goals at different levels (judge, court, judicial system). It is also important to establish regular monitoring mechanisms to track the implementation of target indicators, namely, the establishment of fair and effective judicial proceedings, which will ensure the predictability of judicial decisions, their timeliness and the possibility of their execution, which, in turn, will contribute to strengthening people's trust in the court and will be crucial in ensuring a healthy business and investment environment.

Keywords: efficiency of the judicial system, duration of judicial proceedings, fair judicial proceedings, staffing of the judicial system, financing of the judicial system.

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