• JUSTICE WITHOUT DELAYS

  • JUSTICE WITHOUT DELAYS

  • JUSTICE WITHOUT DELAYS

Frequently asked questions about the Justice Without Delays Project

 

1. What are the basic principles of the Justice Without Delays Project?

•  Judges take control of their own curtroom

•  No tolerance against unnecessary delays and unreasoned adjournments

•  Careful case planning from the earliest stage

•  Use of quantitative indicators to measure progress

•  Commitment of the local community and trial participants to fulfilling their responsibilities to the court in a timely manner     

 

2. What is active case management?

Basic elements of active case management include avoidance of unnecessary continuances, setting of firm trial dates, making clear what the court expects of attorneys at each hearing, and of the consequences of default. What it takes to implement active case management is the will, good court leadership, and common-sense practices rather than changes to the law. The principles are the same in both common law and civil code systems, and examples of substantial improvement in the delivery of justice thanks to their implementation can be found in courts throughout the world.

 

3. Does the project require legislative amendments?

No. The Project requires only practical and common sense measures for avoiding abusive behaviour and unnecessary delays to cases. The measures taken by the courts are in compliance with the legislation in force, keeping in mind the basic principle of law that what is not foreseen is not forbidden.    

 

4. How is progress measured?

The OSCE Presence in Albania and USAID collect base-line data before the project starts being implemented in a particular court. Progress is measured against the initial data throughout the lifetime of the project and after its conclusion. 

 

5. How long does the project last?

The local and international partners of this Project provide guidance and assistance to each court for between six and nine months. However, the approach and methodology of the Project should become part of the court’s routine and the court should independently continue to apply active case management principles after the Project has finished.

 

6. What happens after the project is over?

All the judges involved in the project adapt to the “Justice Without Delays” approach and continue to implement measures to avoid delays beyond the end of the project cycle.

 

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