Greek appeals courts’ quality analysis and performance

Abstract

Judiciary, Efficiency, Greece, Quality analysis, K00, K400, K490,

Determinants of judicial efficiency: a survey

“…Yet, the measure ''number of independent procedural actions'' has a significantly negative correlation with growth rates. 19 Mitsopoulos and Pelagidis (2010) attribute judicial delay in Greece inter alia to excessively burdensome procedures. 2009a, b) has a series of papers that constitute a clear step forward in linking judicial organization, judicial efficiency and economic consequences.…”

Manna from Heaven for Judges – Judges’ Reaction to a Quasi-Random Reduction in Caseload

“…Other American scholars adopting this approach assert that there is no longer a crisis in judicial caseload because gains in efficiency have mitigated concerns over higher case volumes (Posner 2006) or alternatively, that judges were underworked in decades prior to the 1980s rather than being overburdened since then (Baker 2006). Moreover, they argue that if indeed a caseload crisis exists, it is not merely the result of an increase in non-discretionary caseload, but also a consequence of mismanaged and inefficient courts, outdated legal procedures, and judicial passivity that allows strategic filings and procrastination (Mitsopoulos et al 2010, Dalton et al 2014, Castro & Guccio 2015, Moffett et al 2016. Accordingly, simply increasing the courts' budgets (Webber 2006, Agrast et al 2011, Heaton & Helland 2011 and appointing new judges are not the cures for overburdened courts.…”

“…This line of thought advocates raising the supply side by appointing more judges, registrars and judicial staff (Richman & Reynolds 2012, Levy 2013, Adler 2014, Stras & Pettigrew 2010. On the other hand, the managerial approach claims that clogged courts are, to a large degree, the result of mismanagement and inefficiency, outdated legal procedures and judicial passivity (Mitsopoulos et al 2010, Dalton et al 2014, Castro & Guccio 2015, Moffett et al 2016. In this interpretation, increasing courts' budgets or appointing new judges is not perceived as the most effective solution (Webber 2006, Agrast et al 2011, Heaton & Helland 2011, Beenstock et al 2004.…”

Greece's institutional trap

“…The Greek administration of justice is very slow for several reasons. Courts are understaffed, with limited resources, with antiquated rules of procedure and jurisdiction, with no upper limits to postponements, low public sector (and court) digitization and IT adoption, limited use of electronic filing (Colville, 2012;Mitsopoulos & Pelagidis, 2010;Papaioannou & Karatza, 2017).…”