Court structures

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A number of LTP’s projects have involved reforms to court structure and jurisdiction. This entails consideration of how specialised commercial courts or chambers can improve the handling of commercial matters. It also involves examining how courts can be unburdened of the responsibility for more routine, administrative matters which clog court lists and distract judges’ attention from substantive matters.

LTP projects have also provided support to government authorities to enhance the functioning of judicial training centres and other court supervisory bodies. Such work has been directed at institutional capacity-building, such as management and budget skills. These areas have proved to be critical components for the sustainability of projects, particularly in the EBRD’s Early Transition Countries.

Another important aspect of an effective court framework is the availability of easy access to court decisions. In many countries, judges and lawyers have difficulty in searching for and obtaining copies of judicial decisions. As a result, the case law lacks uniformity. Furthermore, the inscrutability of the jurisprudence frustrates the efforts of local and foreign investors to understand and manage legal risk. The LTP has advised governments on legal and practical measures to improve access to judicial decisions. This allows lawyers to present better quality arguments, and it allows judges to benefit from reasoning in analogous cases. It also promotes greater transparency in the justice sector.

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