The European Commission has a justice policy which involves all national judiciaries, whose functioning is monitored. However I argue that this monitoring is done unsatisfactory. Justice is an important subject in the European Union. For example, trade and crime do cross borders and economic competition contracts and regulations need the guarantee of enforceability. It is obviously unavoidable that a lot of European law is involves regulation and law enforcement. National judiciaries play an important role in the enforcement of EU-law. And it seems perfectly justified that the European Commission monitors the functioning of those national judiciaries. The monitoring of that function is done through the so-called Justice Scoreboard. This Justice Scoreboard, however, is a methodologically inadequate device to evaluate the functioning of national justice systems. The main problem of the Justice Scoreboard is that the data it is based on are overall not reliable and based on nationally – differently! – defined statistics. Consequently, national numbers cannot adequately be compared, which leads to a misleading presentation of the data in bar charts. Continue reading
A few weeks ago, a journalist announced on VGNyhetter, a major Norwergian news website, that 19 Norwegian judges have heard cases in which insurance companies were parties, while the judges had shares in these insurance companies. The journalists Frank Haugsbø and Geir Olsenen have skilfully embroidered their story, including stories from the parties who lost those cases. Those parties now, of course, say that they could have saved a lot of money and effort, or that they would have challenged the judges if they would have known. The question is whether they would have received a different judgement then. Continue reading
Judges in the Netherlands are rebelling against the endless series of changes in the organization of the judiciary. What is occurring is more than a simple merger; the organization has become too dominant in the judges’ work.
Judges do substantive work. They give judgments in other people’s disputes. To be able to do that work well they must be properly educated and trained. High demands are imposed on judges. Judges’ work is very diverse. The work of a family-court judge is usually content-wise less difficult than the work of commercial court judge. But where the commercial court judge can immerse himself in a difficult legal puzzle, the family-court judge must be able to deal with strong emotions and accommodate them during a hearing. With the internationalization and the Europeanization of the law, the judicial tasks have become more difficult substantively. This is the case in all legal areas. The Council for the Judiciary was installed to lead the necessary changes within the judges’ work in the right direction. It appears that now the Ministry of Security and Justice and the Council for the Judiciary have overplayed their hand in relation to the judges. Continue reading
The provincial elections were considered a test case for the current cabinet, since the provincial councils also elect the Senate of the Dutch Parliament. The elections were accompanied by a debate on whether we should get rid of the Dutch Senate. Politicians from one of the coalition parties pleaded for the abolition of the Senate, because the Senate can block legislative bills from becoming law. Seeing as the indirect election of this body does not run simultaneously with the election of the House of Representatives, coalition governments with a majority in the House of Representatives, may have to deal with minority support in the Senate. This can be inconvenient for the parties supporting the government in the House of Representatives. The entire idea of checks and balances between different state bodies in order to counterbalance the exercise of government power, however, seems to be an alien concept to those debaters. They also do not seem to care much about the quality of representative democracy, as they only want to have a more efficient decision making process for the majority. Instead of discussing more efficient decision making at the detriment of effective voting rights of citizens, we should focus on how we can reinforce the democratic position of citizens. Continue reading