Acknowledgements List of abbreviations PART I: INTRODUCTION 1. Chapter 1: Introduction 3

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1 TABLE OF CONTENTS Acknowledgements List of abbreviations v xv PART I: INTRODUCTION 1 Chapter 1: Introduction Professional bureaucracy Article 6(1) European Convention on Human Rights Concept for a thesis 7 Chapter 2: From constitutional theory to quality norms: A theoretical framework Introduction Constitutional theory Separation of powers and checks and balances The new judiciary Legitimacy and the judiciary Organisation and the judiciary Quality theory Quality organisations Quality defined Quality of the judiciary: Main problem question Introduction Main problem questions 33 Chapter 3: Research methodology Research decisions Relevance of research 36 vii

2 3.3. Research design Literature research Research methodology design Interviews Interview methodology in the Netherlands Interview methodology in France Analysis methodology of interviews The interview process and respondents Transcription and analysis Comparison and conclusions 50 PART II: THE NETHERLANDS 51 Chapter 4: Constitutional law and practices Power defined Trias Politicas Judicial independence and integrity Conclusions 62 Chapter 5: The institutional context of the Dutch judiciary Courts in the Netherlands Competences Separate jurisdictions Members of the judiciary Training and selection Judicial career Conclusions 72 Chapter 6: The organisers and policy Recent history of organisational change Central administration in relation to local court administration and recent measures taken Local court administration Judges versus managers and politics Council for the Judiciary Finance Planning and control Policies Conclusion 85 viii

3 Chapter 7: Responsibility of judges: Micro level analysis The roles and responsibilities of judges in the courts Introduction Main role and responsibility of judges Legal quality: Measurement and assurance Individual judges within the court organisation Analysis: Roles and responsibility of judges in the courts Managing judges Introduction Managing judges Organisational instruments to aid judges in their responsibility Analysis: Managing judges Judicial independence and accountability Decision making Organisational autonomy Accountability Analysis: Judicial independence and accountability Conclusions 106 Chapter 8: Court organisation: Meso level analysis Introduction Integral management Introduction Judge manager and integral management The court sector and integral management Success? Analysis: Integral management Quality of organisation Case management Quality pilot projects Communication Analysis: Quality of organisation Conclusions 149 Chapter 9: Administration of Justice: Macro level analysis Courts and judicial organisation The Council for the Judiciary Finances Lamicie model Judicial independence and organisational autonomy Analysis: Courts and judicial organisation Ministry of Justice Role of the Ministry of Justice 167 ix

4 Ministry of Justice and the Council for the Judiciary Finance Quality policy Analysis: Ministry of justice and Council for the Judiciary Council for the Judiciary Role of the Council for the Judiciary Council for the Judiciary and the courts Council for the Judiciary and the Ministry of Justice Financing Quality of justice Analysis: Council for the Judiciary Conclusions 193 PART III: FRANCE 197 Chapter 10: Constitutional law and practices Historical development of the judiciary in France Powers defined Trias Politicas Ordre judiciaire Ordre administratif Judicial independence and integrity Conclusion 212 Chapter 11: Institutional context of the French judiciary Basic organisation and structure of the courts Ordinary jurisdiction Administrative jurisdiction Separate jurisdictions Members of the judiciary Training and selection Careers Conclusion 227 Chapter 12: The organisers and policy Central administration in relation to local court administration and recent measures taken Local court administration Judges versus managers and politics Finances National policy Planning and control 236 x

5 12.3. Policy General policy The judiciary as a public service? Policies Conclusions 247 Chapter 13: Responsibility of Judges: Micro level analysis (ordinary jurisdiction) Main role and responsibility of judges Introduction Main role and responsibility of judges Legal quality: Measurement and assurance Individual judges within the court organisation Analysis: Main role and responsibility of judges Instruments to aid judges in courts Introduction Assistent de justice Clerks Greffier assistants de magistrats Other instruments to aid judges in their work Analysis: Instruments to aid judges Judicial independence Decision making Organisational autonomy Accountability Conclusions 266 Chapter 14: Court organisation: Meso level analysis (ordinary jurisdiction) Introduction Court management Introduction Management of the court: Who? Management of the court: Normative basis Quality of management Analysis: Court management Quality of organisation Case management Analysis: Case management Quality measures and indicators Introduction Quality indicators Quality measures Communications 292 xi

6 Analysis: Quality of organisation Conclusions 294 Chapter 15: Administration of Justice: Macro-level analysis (ordinary jurisdiction) Administration of justice Legislator and courts Ministry of Justice and courts Courts of Appeal and Courts of first instance Analysis: Administration of justice Finances Distribution processes Process New financial law Analysis: Finances Conclusions 310 Chapter16: Responsibility of judges: Micro level analysis (administrative jurisdiction) The roles and responsibilities of judges Introduction Main role and responsibility of judges Legal quality and efficiency Individual judges within the court organisation Analysis: The roles and responsibility of judges Managing judges Introduction Managing judges Organisational instruments to aid judges in their responsibilities Analysis: Managing judges Judicial independence Conclusions 330 Chapter 17: Court organisation: Meso level analysis (administrative Jurisdiction) Court management Quality of management Court managers Analysis: Court management Quality of organisation Case management Analysis: Case management Quality managers and indicators 340 xii

7 Local courts and quality policy Policy on quality inthe courts Analysis: Quality of organisation Conclusions 343 Chapter 18: Administration of Justice: Macro level analysis (administrative jurisdiction) Separation of powers Horizontal separation of powers Vertical separation of powers Analysis: Separation of powers Administration of justice: The Council of State and the courts Analysis: Administration of justice Finances Process Financial processes and judicial independence Analysis: Finances Conclusions 355 PART IV: CONCLUSIONS 357 Chapter 19: Comparative analysis The role and responsibility of judges Operation of judicial independence and accountability Implementation of quality measures Conclusions Quality of court organisation Policies Quality assurance Total quality management Quality standards and learning organisation Conclusions Judicial organisation and the separation of powers Judicial organisation Political level Conclusions 377 Chapter 20: Conclusions Introduction The role and responsibility of judges: problem questions How does judicial independence and accountability operate at the level of the judicial office? 381 xiii

8 What can be done to improve the performance of judges, both in terms of productivity, efficiency and quality? How does this affect judicial independence and accountability? Court organisation: problem questions In what way have quality theories affected the court organisation? What steps are being taken to bring the organisation closer to the people through quality policies? Do quality standards breach judicial independence at the level of the court? Administration of Justice: problem questions How do separation of powers and judicial independence operate at the institutional level? Can quality theory be applicable at this level to facilitate hard political accountability? Conclusions 391 Samenvatting 395 Résumé 401 Bibliography 407 Index 417 Curriculum vitae 425 xiv