SECTION III:
DEVELOPMENT OF THE HUMAN AND MATERIAL RESOURCES
Objective 11. The court applies policies for the use of the information technologies
"E-correspondence with parties to cases"
The discussion of current problems with regard to case management between the chairpersons of the courts participating in the Enhancing Court Business Practices Project highlighted the problems in the subpoenaing process – the heaviness of the procedure requiring reporting to the judge rapporteur of subpoenas that haven’t been successfully serviced, the slow and costly correspondence with the parties to cases (especially with regard to the cases under Art.410 and 417 of the Civil Procedure Code, which number is progressively going up and constitute the majority of instituted civil cases in the Bulgarian regional courts for 2010).
• In order to overcome the heaviness of the procedure in the instance when a subpoena returns to the court, Sofia Regional Court, for example, has identified a clerk - computer operator with secretarial functions – who processes the unsuccessfully served papers by performing the following:
- Processes an ex officio inquiry pursuant to Ordinance 14/ 18 November 2009 on the procedure for providing of access to the judicial authorities to National Data Base ‘Population’ managed by General Directorate ‘Civil Registry and Administrative Service’ and, in case there is a new registered address, forwards the subpoena to the ‘Service of Subpoenas and Court Papers’ Unit. The latter then proceeds to a new service of the subpoena which bears a distinctive sign of the new address.
- Performs a search in Google Earth whether the indicated address exists in instance that the subpoena has returned to the court with a note ‘non-existent address’. If it is found that the address does exist, the clerk attaches a printout map to the subpoena and forwards it to ‘Service of Subpoenas and Court Papers’ Unit for new service.
The abovementioned organisational measures eliminate the involvement of the judge – rapporteur, saving him or her the need to give further standard instructions thus relieving them of duties of entirely administrative nature and subsequently speeding up the trial
• Courts are more proactive in promoting the option provided for in Art.42 Para.4 of the Civil Procedure Code to parties to cases to receive court papers electronically at an indicated e-mail account. In such instances the service is certified by a print-out of the confirmation for successfully sent e-mail.
To enable the above procedure, the Gorna Oryahovitsha Regional Court chair, for example, -has issued an order aimed at ensuring that the necessary preconditions exist in the court to allow maximum effectiveness of the e-correspondence such as registering separate email accounts for all court panels by the system administrator or tasking the docket clerks of all panels to the do the following:
- To ensure that the signed papers due service are in electronic format;
- To follow uniform patterns in terms of naming and formatting the files and titling the emails;
- To send the papers electronically when a party to a case has indicated an email address;
- To follow the general certification of service rules and specific instructions of the judge – rapporteur;
The court clients are encouraged to use the option to receive papers electronically by a notification on the information board in the court information center. At this stage, the option is being used only in the Order for Payment proceedings under Art.410 and Art.417 of the Civil Procedure Code, where in 98% of cases, the applicant indicates an email address.
Pavlina Toneva, Chairperson of Gorna Oryahovitsa Regional Court comments that the use of the means for electronic service of papers provided for in Art.42 Para.2 of the Civil Procedure Code is reliable and convenient for the big corporate applicants in the Order for Payment Proceedings. Not only does it speed up the trials but has proven adequate in the light of the dire need for economies in the court budget since it had ultimately resulted in reduction of the mailing costs.
Chepelare Regional court has also invested considerable efforts in encouraging the parties to cases to use the e-correspondence option. To this effect for example, colored notes are placed in the “Dockets” Office to the attention of attorneys and citizens and explain the option that the court can email papers to an indicated email address. There is also an identical message on the court webpage. The analysis shows that so far the option has been used predominantly by attorneys residing in distant judicial regions who are particularly interested to get copies of the record of court hearings or the judgment, including on criminal cases.
Additionally, the court has reached a special e-service arrangement with one of the major corporate applicants on the Order for Payment Proceedings. The feedback for this arrangement is so far positive from both stakeholders. The Chepelare Regional Court intends to promote further the use of e-correspondence under Art.44 Para.4 of the Civil Procedure code among the attorneys in neighboring judicial districts with the support of the Smolyan Bar Association.
The Smolyan District Court has drawn Rules on the Service of Subpoenas and Court Notices Through Email. The courts has also made proper public announcement – by posting the latter and its own email account on the court website and on the information boards in the court information center. The e-correspondence option is used within the statutory competence and depending on the explicit will of the parties to civil cases.
• Special organisational measures in terms of easing the Order for Payment Proceedings have been introduced in Sofia Regional Court. The court efforts are focused on negotiating special arrangements with the major corporate applicants and concern the following:
- Additional electronic submission of applications which are then stored in a designated e-folder in the internal court network accessible by the judges;
- Sending copies of the case-assignment records to the applicants via email;
- Optimisation of the inquiry procedures by requesting applicants to e-mail their inquiries (by case number) and emailing back to them a list reflecting the required information on designated weekdays;
- Keeping the e-correspondence to particular weekdays and following emails by telephone confirmation for delivery;
The above measures eliminate the need of waiting in line in the court building for inquiry purposes, as well as ensure flexibility and expedience, limit the chance for mistakes and save significant costs.
SECTION IV:
COURT PROCEDURES
Objective 13. The court uses a system of case management and control.
"Disciplining court orders and rulings"
In the process of exploring flexible solutions for preventing civil and criminal case delay, the model – courts and the courts – in partnership undertook the challenge to test the “disciplining” court orders and rulings, drawn by the Case Managements Committees at Sofia City Court and Sofia Regional Court and presented at the Case Managements Techniques training seminar in the town of Hisarya in June 2010.
The sample court orders and rulings include a set of measures within the competence of the judge - rapporteur and his/her power to manage the trial. The measures address particular factors that can potentially slow down the trial and are directed towards all participants in it. They include particular instructions to:
- the parties to cases regarding their procedural obligations (incl. setting time limits for submittal of statements, for payment of state fees for experts’ assignments, etc.) or regarding admissibility of witness testimony, etc.
- the expert witnesses (regarding the manner and time limit for preparing of their reports, etc.);
- the third parties (regarding submission of documents or the need to provide assistance to expert witnesses, etc.);
Moreover, there provide for sanctions in instance of failure to comply with the court orders (including the possibility of imposition of fines under the procedural law, as well as under Art.405 of the Judicial System Act, and indicate the precise amount of such fines).
The impressions of those who have applied the practice described above (namely Vratsa District Court and Radomir Regional Court) are that, as far as the instructions are clearly set in the court order and are made known to the participants in the trial, they indeed result in “disciplining” effect. The procedural behavior of the parties shows that they have made themselves well aware of the court instructions and comply with them. Moreover, occasionally the parties even refer to them in respect to the opposite party’s obligations. The courts positive findings are that the effectiveness, which the court orders are after, is achievable just by “threatening” parties with a considerable fine and so far there hasn’t been an instance of actual imposition of a fine under Art.405 of the Judicial System Act.
More information about the disciplining court orders and ruling is available at: Case Management Techniques Seminar /in Bulgarian only/.
Objective 16. The court applies mechanisms for the effective participation of court jurors
Enhancing the Capacity of the jurors at the Dobrich District Court Project
The Dobrich District Court Chair – judge Encho Enchev is opening the first training session of 45 jurors under the Enhancing the Capacity of the Jurors at the Dobrich District Court Project. Among the other attendees are: Mr Pencho Hubchev , project- coordinator of the Friedrich Ebert Foundation and judge Snejina Koleva, judge Atanas Kamenski and judge Denitsa Petrova, lecturers.In the beginning of 2010 the Dobrich District Court began the implementation of the Enhancing the Capacity of the Jurors at the Dobrich District Court Project. The project is sponsored by the Friedrich Ebert Foundation and is aimed at improving the legal knowledge and criminal case deciding skills of the newly elected jurors.
Three judges with rank of appellative judges: Snejina Koleva, Atanas Kamenski and Denitsa Petrova prepared draft contents of a handbook which consist of presentations on the legal figure of the ‘juror’ and its powers according to Bulgarian procedural law, as well as the general legal terminology and procedure written in plain language adapted for non – lawyers. Besides the handbook, the team prepared series of trainings, aimed at giving the jurors basic knowledge of criminal law and of the practical issues concerning their work with magistrates.
The first training took place in October 2010 . It involved 45 jurors from the Dobrich District Court and gave them opportunity not only to study the Handbook, but to gain practical skills in deciding criminal cases under supervision of the trainers. At the end of the two-day sessions the participants filled out anonymous questionnaires providing feedback on the problems and the satisfaction levels of the jurors on their work with the magistrates. The analysis of their responses showed that they give a positive assessment for their interaction with the judges from the Dobrich District Court and have a strong aspiration to participate effectively in the process of administration of justice. The general opinion among the participants in the trainings is that the knowledge they received will improve the quality of their work as jurors and their input in deciding criminal cases.
Encouraged by the positive results of the October training, the Dobrich District Court and the Friedrich Ebert Foundation organised two more trainings in partnership with other regional courts from the Dobrich judicial district. They took place in April and May 2011 and were attended by a total of 99 jurors from the regional courts in Dobrich, General Toshevo, Tervel , Kavarna and Balchik.
In the end of each training all jurors received a copy of the
>Practical Handbook for Jurors and a certificate for participation issued by the Friedrich Ebert Foundation and the Dobrich District Court.
800 copies of the Handbook were donated to the Supreme Court of Cassation with the support of the Friedrich Ebert Foundation. It is intended that they be distributed to all courts in Bulgaria.
More information on the initiative, as well as additional information on the role of jurors in criminal proceedings can be found at the Dobrich District Court website: here (bg only).
Related documents:
Practical Handbook for Jurors (bg only)
SECTION V.:
ACCESS TO JUSTICE
Objective 20. The court creates conditions for access for people with disabilities
Since 14 February 2011 the Chepelare Regional Court provides its clients with a software application allowing access to court decisions by converting text files into speech. Although the software is specifically developed to accommodate the needs of blind people, it is also useful to people with low vision, illiterate and poorly literate people by allowing them to listen to the information in a clear, natural and pleasant way.
The SpeechLab 2.0 software is installed on a computer in the case files reading room at the disposal of the court clients and the court clerks from the ‘Dockets’ Office are fully trained how to use it. The system is currently used to convert text files of hearing records, court decisions, orders, rulings and judgments into audio files. The use of the software is accompanied by the development of an additional users dictionary comprising of the specific terminology of the litigation and frequently used legal abbreviations that the standard version of the program does not provide for.
A feedback log collecting information on the number of clients, date of use, case number and type of document that was ‘listened to’ was set in order to ensure reporting and monitoring over the effectiveness of the software. So far there are records for ten users and the feedback is positive. An attorney who tested the program reported that it is also an adequate tool for elderly people with hearing impairments because the volume of the tone in the headphones is easily adjustable.
The court has registered the need to further promote the benefits provided by this software to the court clients and finds that the most appropriate approach is direct and active promotion by the clerks.
Objective 21. The court provides special conditions for working with children Children hearing rooms.
Children, being one of the most vulnerable groups of the society, have their own specific needs and peculiarities. During the last few years the government has invested significant efforts in adequately responding to these needs with respect to the participation of children in judicial proceedings. This tendency is in compliance with the commitments of Bulgaria under the various international agreements and, especially, EU legislation and covers a broad system of measures, implemented jointly by all public stakeholders, including the courts.
To address those needs the Chepelare Regional Court designated a special room for interviewing of children. It is located within the court building but accessed by a separate entrance. Expert psychologists have been consulted to develop special procedures for interviewing children which provide the judges who carry out the examination with valuable guidance. A social worker takes the child to the hearing room, prepares it appropriately for the procedure and is present by its side during the hearing.
In 2010 the court used the room conducted 4 hearings of children on 4 cases initiated by the Social Assistance Directorate, regarding placement or termination of placement of children in a residential care centre. Judges report that during hearings in the special room children appear to feel comfortable and safe, react calmer and respond better than when the hearing takes place in a regular court room. The Chepelare Regional Court chair – judge Slavka Hebova comments that usually in the court room children are under a lot of stress and tend to respond with a ‘yes / no’ answer. The children themselves find the new room more interesting, react more positive to the attention of the adults and their sense of shame and discomfort disappears.
This project is developed with minimal costs and volunteer contributions from social workers, psychologist and students from the local school.
Another type of special room (a.k.a. ‘a blue room’) for interviewing children exists in Shumen since 2009. It is situated at the Social Services for Children and Families Complex established under the Listen to the Child Project by the Social Activities and Practices Institute with the financial support of the Oak Foundation. In 2010 a total of 9 interviews of children are carried out during the pre-trial phase of the criminal proceedings. The ultimate goal is that children in criminal proceedings, regardless of their role, of witnesses and/or victims, are interrogated only once - during the pre-trial phase. All institutions involved in the proceedings have developed a mechanism for cooperation aimed at optimal utilisation of the advantages offered by the blue room. The special conditions significantly reduce the negative psychological effects of the interrogation procedure. The child is kept out of direct contact with the perpetrator and is prepared for the questioning in advance. In order to provide safe environment for the child all other participants are present in an adjacent room separated with a Venetian mirror. Additionally, the centre offers social services focused on preparing children for court hearings. In 2010 they were provided 3 times.
Judge Neli Batanova, Chair of the Shumen District Court, reports that the blue room is an adequate tool that provides stress-free, friendly and secure environment for carrying out court hearings involving children, and at the same time provides for the best protection of the child’s interests considering its age and vulnerability. The intention of the institutions in Shumen, supported by judge Batanova, is to expand the use of the room with respect to civil cases (mainly under the Family Code).
More information on proper techniques for interrogation of children in court proceedings can be found at: Techniques for improving the effectiveness of child interrogation during court proceedings (bg only)
More information on participation of children in various court proceedings can be found at: www.detetosvidetel.org (bg only)
SECTION VI. :
INCREASING PUBLIC CONFIDENCE IN COURT
Objective 23. The court works transparently.
Mechanisms for evaluation of the quality of the court administrative services, effectiveness of the judicial proceedings and public trust
In response to the high expectations towards their work Bulgarian courts invest significant efforts in establishing mechanisms and procedures for control and evaluation of the administrative services they offer and the their projection over the public assessment about the court work. To address the issue the Yambol Administrative Court has developed program for management of the quality of work which consists of mechanisms for analysis and update of the quality objectives set in the requirements toward the main work processes and structural units of the court.
Two of the main components of the program are the Access to Justice Module and Increasing the Public Confidence Module, consisting of measures for monitoring and measuring of the levels of public satisfaction with courts work such as:
• Court clients satisfaction surveys
Type 1 survey: the survey aims at examining the needs and expectations of the citizens, as well as measuring the level of their satisfaction with the work of the court information centre. During the first year of the implementation of the program such surveys were carried out in July and December and will be carried out repeatedly at the end of each coming year.
Type 2 survey: the survey aims at measuring the effectiveness of the court proceedings and relies on feedback from the institutions, which acts are appealed before the administrative courts, as well as attorneys and citizens. Such surveys are carried out in June each year.
• Analysis of the corruption signals submitted to the court. It is drawn by the court Ethics Committee at the end of each year in compliance with the Rules for Accountability and Counteraction against Corruption if such signals are submitted.
• Analysis of the media publications. It is drawn by the court PR officer at the end of the year.
• Analysis of the online comments of the court clients. It is drawn at the end of the year by the court PR officer and takes into consideration the opinions and comments submitted electronically via the court website in the E-survey section and the Proposals and Complaints section.
The program regulating the aforementioned measures is flexible and could be updated with additional components on the basis of good judicial practices for management and monitoring the quality of the court work.
Sample documents (bg only):
Questionnaire for measuring the level of the court clients’ satisfaction with the work of the Information Centre (item 1 А)
Questionnaire for measuring the level of the court clients’ satisfaction with effectiveness of the court proceedings(item 1 В)
Sample form for corruption signal (item 2)
Analysis (item 4):
Analysis Information Centre (bg only );
Analysis Administrative services (bg only).
Objective 24: The court applies rules for accountability and countering corruption.
Risk Assessment
At the beginning of October 2008 the Vidin Administrative Court won a project under the EU-funded Administrative Capacity Operational Program. The In Service of Society Project is carried out in partnership with the Administrative Courts in Vratsa and Montana.
Its main goal is to contribute to the increase of public trust in the judicial system, as well as to the increase of its effective functioning and transparency. The project comprises of various activities such as: a survey on the territory of Vidin, Vratsa and Montana on the public perception of the functioning of the administrative courts; a ‘risk assessment’ on corruption practices in the three administrative courts and presentation of its outcomes; research of the administrative justice system in Germany, as a EU member state, and adoption of the best practices in Bulgaria; trainings for magistrates and court clerks from the participating courts in various fields, mainly social service; improving of information systems.
We would like to particularly highlight the ‘Risk Assessment’ of corruption practices. It consists of the following elements: A third person – an assessor – analyses the integrity of the assessed institution. As a result, critical aspects of the internal organisation of work that are potentially vulnerable to corruption practices are identified. The findings are then summarised in a report. It contains not only the analysis of potential risks of corruption practices but also a set of counter measures, aimed at improving the integrity management and prevention of corruption.
The methodology used in the drafting of the analysis is based on the self-assessment method and consists of three consecutive phases:
Phase 1: preparation and conduction of the self-assessment aimed at drafting of a list of vulnerable to corruption practices activities and weaknesses in the internal organisation of the institution. To this end, structured questionnaires are firstly developed, then completed by magistrates and clerks in the three participating courts and subsequently analysed by the experts of the assessor.
Phase 2: drafting of a list of vulnerable activities and organisational weaknesses. They are identified based on the outcome of the self-assessment conducted in phase 1 and represent situations or operations in the functioning of the court which can turn into a potential risk for the institution integrity.
Third and final phase: assessment of corruption risk and drafting of the final report. To this end, the independent assessor summarises the accumulated information on the vulnerable activities and operations of the beneficiary in terms of anticorruption and defines the level of associated corruption risk for each. Several documents are subsequently drafted, having considered the findings: an evaluation of the organisational capacity to cope with the potential weaknesses and recommendation for the improvement of this capacity and for minimisation of corruption risks.
The analysis is not an audit document, nor aims at testing the personal integrity of the magistrates or the clerks in the assessed institutions. Its objective is to identify the aspects of the befeficiaries internal organisation which are potentially vulnerable to corruption and to overcome their vulnerability in the future.
More information on the In Service of Society Project activities and the complete set of drafted documents are available at Vidin Administrative Court web page: here (bg only)
Related documents: Risk Assessment Report
