Outcome
Capacity and means provided in fields of planning and budgeting, monitoring and reporting in order to ensure effective, efficient and accountable enforcement

Strategy

The aim of the Legal and Judicial sector is to provide accessible and timely Legal and Judicial for all. This can only be done if all Legal and Judicial institutions are capable of fulfilling their mandate. If just one institution does not perform, the Legal and Judicial aim cannot be reached and the individual citizen will perceive that justice is not done

1. To establish a legislative framework defining the Legal and Judicial sector institutions and structures and the exact mandates and responsibilities of each institution by carefully avoiding any overlap herein has to be enacted. The sector has to coordinate in regard to and in accordance with the individual mandates. The mandates and structures should fully comply with the Legal and Judicial sector values.

2. To provide the legislative framework to ensure that the procedures, decisions and appeal mechanisms of the Legal and Judicial sector institutions are public and transparent. Further, institutions ensuring independent scrutinisation should be established by law and have adequate mandates and resources.

3. Ensure enforcement of the law, subsidiary legislation and court decisions by all Legal and Judicial sector institutions according to their legal mandates and duties through providing the legal and institutional framework supplemented with necessary resources and training . Further, enforcement mechanisms to sanction lack of enforcement, including sanctioning a violation of the relevant code of ethics or the rules on conflicts on interests should be established.

4. The sector should develop a monitoring system that can measure how justice is done (including by which rules, processes, institutions and enforcement mechanisms justice is done) and at the same time the system should identify problems and bottlenecks in the administration of justice.

5. The sector should develop and maintain a common planning, budgetary and auditing system, monitoring and reporting system and methodology, including a system of rolling three year business plans, that links to and is in compliance with the governmental planning and medium term expenditure framework-system. Such a common management language will support the cooperation between sector institutions and enable the sector to decide on priorities without jeopardizing the independence of the individual institution in accordance with the sector values and institutional mandate.

6. The Legal and Judicial sector institutions should be structured and organised with focus on core businesses and related processes. Each Legal and Judicial institution should build the necessary capacity to enable the institution to provide the services outlined in its mandate with a quality that fulfils the Legal and Judicial sector values. The capacity building strategies should link up to the administrative reform program, and give special attention to enabling human resource development and training and monitoring (including through external feedback) with the purpose of receiving performance feedback on all management levels and proper conduct of discipline.

7. Development of a human resource management policy that should outline a recruitment and career policy and related guidelines and criteria for appointment, promotion, transfer, disciplinary actions, a training policy and related systematic needs assessment and training programs within the following areas: introduction of new employees, training of newly promoted employees, professional and technical skills training, management and leadership skills training and general awareness and implementation of code of ethics. Finally the policy should include a transparent system to conduct discipline, hereunder how the institution fights corruption and promotes non-corrupt work ethics.

8. Provide the legislative framework for and develop and maintain a performance management system where the institution every year will monitor its performance and update its three year strategic plan and work out an annual service improvement plan.

Priority

7.4.1 Monitoring system of the justice sector to measure its overall performance, including the administration of justice, as a guiding line for overall reform.

7.5.1 Development and maintenance of a common planning, budgeting, auditing, monitoring and reporting system in compliance with government planning and MTEF system (phase 1).

7.5.2 Business plans for police, penitentiary system, prosecution, administration of the courts and other justice sector institutions, including the Schools of the Justice sector (phase 1).

7.7.1 Build the necessary capacity of the individual to fulfil its mandate by developing a human resource management policy

Details Information [PDF - 102KB]

Priority

7.5.1 Development and maintenance of a common planning, budgeting, auditing, monitoring and reporting system in compliance with government planning and MTEF system (phase 2)

7.5.2 Business plans for police, penitentiary system, prosecution, administration of the courts and other justice sector institutions, including the Schools of the Justice sector (phase 2)

7.6.1 Development of internal planning units to facilitate fulfilment of the institutional mandate and develop the collection of operational information (statistical data).

7.6.2 Integration of the justice sector institutions at the policy level, especially in relation to the sharing of operational information.

Details Information [PDF - 96KB]

Priority

7.1.1 Passing of organic laws on the administrative and judicial institutions (court organisation, Supreme Council of Magistracy, Constitutional Council, ministries and other executive bodies, police, penitentiary system and councils of discipline) that ensures coordination of the mandates of the institutions in accordance with the Constitution

7.2.1 Passing of procedural codes, including administrative procedural code, law on an ombudsman, laws on access to information, including administrative Code, with special focus on ensuring transparency in the justice sector institutions

7.3.1 Codes of ethics for polices, prison officers and other civil servants and for judicial personnel (judges, prosecutors, judicial staff) supplemented by a fully functioning Supreme Council of Magistracy, a Council of Judicial Service, a Council for discipline of police officers, Council of discipline for civil servants to ensure enforcement

7.3.2 Legal provision and guidelines on conflicts of interest

7.3.3 Establishing of minimum standards for obtaining a degree in law or public administration

7.3.4 Schools for the magistrates, judicial staff, police, penitentiary system and for basic education of civil servants, including ongoing training programs

7.3.5 Anti-corruption measures, including a law on anti-corruption

7.3.6 The existence of the function of an Ombudsman office

7.8.1 Legal provisions on the elaboration of annual reports for the services within the justice sector

Details Information [PDF - 91KB]