Regional Analysis of the Handling of Civil Cases in the Western Balkans

In 2022, the Norwegian Courts Administration (NCA) entered into a five-year programme agreement with the Ministry of Foreign Affairs to support judicial reform efforts in the Western Balkans. 

The programme includes a regional component covering all courts in the Western Balkans (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia), as well as Croatia.

A key objective of the programme is to help prevent violations of Article 6 of the European Convention on Human Rights (ECHR).

In 2019, the NCA established a working group consisting of two judges from each Western Balkan country. Together with the NCA, three academic experts, and with strong support from the judicial councils across the region, this working group conducted a regional study on the handling of civil cases, with a particular focus on case processing times.The study includes the collection and analysis of detailed data from civil cases concluded in 2023. It provides a unique empirical insight into how courts in practice manage each stage of the judicial process. Combined with the assessments of individual judges, contributions from the academic experts, and input from the NCA and the judicial councils, the study identifies the main bottlenecks and the factors that have the greatest practical impact on overall case duration. Based on these findings, the study proposes measures to improve both the efficiency and the quality of civil case processing.

Among the questions addressed are:

  • How often do courts appoint expert witnesses in civil cases, and what impact does this have on case progression?
  • Why do courts in the region divide the main hearing into several short court sessions rather than conducting it in a concentrated manner, as is common in - inter alia - Portugal and the Nordic judiciaries, and what consequences does this have for both case duration and the quality of judgments?
  • What proportion of first-instance decisions are appealed?
  • Why do appellate courts so frequently remit cases back to first-instance courts, and what consequences does this have for case management and, not least, for the evaluation of first-instance judges?

These and many other issues are explored in the report "Procedural obstacles to ECHR Article 6 compliance in the Western Balkans judiciaries - civil litigation
Problem identification and possible solutions" and in the annexes 1) "AGGREGATE DATA ANALYSIS" and 2): THE SAMPLE OF LITIGIOUS CASES"

In cooperation with the Court of First Instance in Podgorica, Montenegro, the NCA is currently implementing a pilot project aimed at concentrating the main hearing through active and effective case management and preparation by judges. The pilot commenced on 1 January 2026 and will run through 2027.

The Montenegro pilot will also be used in the ongoing bilateral project in Bosnia and Herzegovina. Furthermore, Croatia will implement two similar pilots under the EEA Justice Programme, and the Bulgarian Justice Programme financed through the EEA and Norway Grants will likewise include a project based on the methodology developed through the regional analysis and the Montenegro pilot.

NCA established a working group consisting of two judges from each Western Balkan country