Information about projects and development strategies in the courts. Important current issues for the NCA. International relations.
Important current issues for the NCA
A challenge for the National Courts Administration and the courts is the increasing demands from the society to the courts combined with a situation were the court budgets are less satisfactory than we would prefer.
This entails that the National Courts Administration must play an active role in developing and securing cost effective courts.
The Courts Administration in Norway has, during the last two years, had a strong focus on leadership and efficient administration in the courts of justice. It goes without saying that the independence of the judges puts limitations on what the head of court may decide. Nevertheless, it is the chief judge’s duty to ensure that the court makes efficient use of its resources, and that the ordinary judges and court staff are given the opportunity to give their utmost in a professional environment.
One current issue is also that the role of the judges is undergoing important changes. The opinion is that the judge should be responsible for ensuring that the main hearing is actively steered.
This applies not only to criminal cases, but also to civil cases where the new procedural act in civil cases, the Dispute Act, entered into force 1. January 2008. The overall aim of the Dispute Act is to provide a more efficient civil justice system that will give the parties correct, rapid and inexpensive resolution of disputes.
The project (“LOK”) “Leadership, Organisation/Management and Competence development”
In 2005, the National Courts Administration therefore established a project (“LOK”) “Leadership, Organisation/Management and Competence development”. The project resulted in 25 reports on different issues, with proposals and opinions from the committees involved in the project. The members of the committees were judges and representatives from the National Courts Administration. Some of the main issues in the report were as follows:
Court Leadership
The courts must see to it that judges are independent in their adjudication actions. This may limit the administrative management of the courts. In this context it is important to define the border between adjudicative and administrative work.
The management of courts has traditionally been oriented towards the role of judges so that the characterising trait of the work has been to produce adjudication in matters that the court has at hand. However, the recent development in Norway shows that managing a court must contain more: therefore focus should be directed towards active leadership in all sectors of the court actions and the implications of the role of the court management officials should become unequivocal. Unequivocal and committed judges will have a significant role, both in enhancing courts as organisations, and in bringing forth effective utilisation of the resources. The same applies to securing a good and effective process and not the least a stimulating work environment.
Active steering and swift, economical process
The judge must be responsible for the fact that the main hearing is actively steered. This includes i.e. for example seeing to that the process is concentrated and can be carried out without time waste for the court or the parties involved. It has for example been suggested in one of the LOK reports that the judge at the beginning of the process must go through the time frame with the parties involved and clarify any possible confusion related to cause of action, evidence and so forth. Moreover, it has been proposed that:
- The courts must organise meetings with representatives from local bar association in order to develop means that can strengthen and enhance the processing of civil cases,
- Guidelines for the preparation and carrying out main hearings in civil cases should be planned and developed together with lawyers,
- A representative of the court should participate in the membership meetings of the local bar association whenever new guidelines are adopted or other changes are made to the court practises. It is important to include lawyers in the co-operation,
- Courts in individual districts/regions shall work together in order to develop guidelines to establish the best possible practises.
The judge responsible for preparation should secure a swift, economical process by active and systematic steering work. The mediation possibilities must be considered and information on court mediation must be given in all cases possible. Even in cases where the parties have discarded an offer to mediate, the judge must assess whether the parties should be contacted to give more information on the procedure, and repeat the offer. This should be applied specially in cases where the answers from the parties differ.
The main hearing should be held within six months from the time the summons is issued. The judge has independent responsibility to assess the time frame is needed for the main hearing.
Before the main hearing, the parties should submit a proposed time plan for the main hearing. The plan must include an assessment of the time needed for the various stages, i.e. the time needed for presenting evidence. The judge should go through the suggested time frame and if needed modify the plan in collaboration with the parties. The final time plan will set a binding frame for main hearings.
The Dispute Act
Another development was the implementation of the Dispute Act, which came into force on 1 January 2008. The new act is a bearer of many of the attitudes mentioned above. The implementation of the new Civil Procedure Act demanded a professional training schedule for all judges in the Norwegian courts, as well as major adjustments in the courts case management system.
The role as a mediator is also emphasised in the Dispute Act. It now highlights that the role of decision-maker rendering judgements is not the only role for a judge; the act also underlines a desire to obtain dispute resolution without full litigation.
“Belastningsmodell” – A caseload weighing system
The Norwegian Royal Ministry of Justice developed a standard for statistics and a model for staff resource allocation of courts in the late 1980’s and early 1990’s. The contents of the model consist of certain amount of minutes for each type of case of the courts of first instance that can be applied separately to judges and administrative staff. The amount of minutes is compiled to represent the ideal staff resource allocation for each court. The model is sustained by the National Courts Administration, who is currently revising the old model for the first instance courts and is also developing a similar model for the courts of appeal. An output of the model from 2002 indicates that in most courts the allocation of resources regarding staff is consistent with the model. The major advantage of staff resource allocation system is that it enables a swift and simple evaluation of whether there is a need for personnel increase or decrease in individual courts.
Structural changes the first instance courts
The Norwegian Courts Administration was in charge of the structural changes of the first instance courts – whereas an amalgamation of the courts have reduced the first instance courts from 92 to 66. The aim was to develop more solid courts with a sound professional environment.
Relations with the EU
Norway’s relations with the EU are mainly governed by the Agreement on the European Economic Area (EEA). The EEA Agreement has been in force since 1.1.1994 and has extended the Single Market legislation, with the exception of Agriculture and Fisheries, from the EU Member States to Norway, Iceland and Liechtenstein. Through the EEA Agreement, Norway also participates, albeit with no voting rights, in a number of EU Agencies and programmes, covering i.e.. enterprise, environment, education and research programmes. The top priority in EU-Norway relations between 2002 and 2004 was to reach an agreement on the enlargement of the EEA simultaneously with the enlargement of the EU. An “EEA Enlargement Agreement” was negotiated to this effect, and entered into force on 1 May 2004. The amendments to the EEA Agreement are mainly technical, taking over the relevant provisions of the EU Act of Accession, but considerable new financial contributions from the EEA EFTA States and in particular Norway were also agreed to contribute to social and economic cohesion in the enlarged internal market.
According to this agreement Norway currently contributes with grants of a total of EUR 1125 m ( NOK 9 000 m) over a five-year period to finance developments in selected EU member states, with an increase of ca. EUR 300 after new members entering the EU. For more information see: http://www.eeagrants.org/donors
In addition Norway pays for the possibility to participate in EU-programmes (EUR 128,8m in 2005)
As a part of the agreement the EU directives are implemented into the Norwegian legislation on equal terms as within the EU. The case law from The Court of Justice of the European Communities does in reality bind Norway, even if cases concerning Norway are handled by the special EFTA-court in Luxembourg on the basis of the EU-law.
The EEA Agreement brings Norway into the group of countries with which the EU currently maintains its closest links. Information on the EEA Enlargement Agreement is also to be found at the following addresses: http://secretariat.efta.int/Web/EuropeanEconomicArea/EEAAgreement/eeaenlargementagreement; http://ec.europa.eu/comm/external_relations/eea/index.htm or http://www.eu-norway.org/policyareas/justice/
ENCJ
The Norwegian Courts Administration is an observateur of the European Network of Councils for the Judiciary. Since 2009 has the NCA taken part in several working group in the ENCJ.
Lugano convention
Norway and the EU /the member states of the EU are The Contracting States of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. This Convention is broadly similar to the Brussels Convention ( I and II). In Norway national courts have the competence based on the Lugano convention. Within the EU the competence is vested in The Court of Justice in Luxemburg. For more information see: http://curia.europa.eu/en/coopju/index.htm
The Hague programme
On 5 November 2004, the European Council adopted a new comprehensive programme for 2005-2009 on strengthening freedom, security and justice in the EU (The Hague programme). Many of the proposals in the Hague programme are likely to concern Norway. This is a result of our participation in the Schengen co-operation, but also because Norway is part of the internal market through the European Economic Area (EEA-agreement).
CEPEJ
The NCA is representing Norway in the European Commision for the Efficiency of Justice.
Eurojust
Norway has close relations to Eurojust. Norway and Eurojust signed 28 April 2005 a formal co-operation arrangement, and has since 2005 been represented in Eurojust with a senior public prosecutor from the Office of the Director of the Public Prosecutions.
Europol
Norway has a "third-country-agreement" with Europol, and has since 2002 had two representatives in the headquarters of Europol in the Hague.
Cepol
Norway has currently signed an agreement of co-operation with Cepol.
The circle of supreme courts president in the EU
The president of the Supreme Court of Norway is participating in the circle.