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CEELI has created the
Judicial Reform Index (JRI) as a tool for assessing a cross-section of
key factors for judicial reform in emerging democracies.
In an era when legal and judicial reform efforts are receiving more
attention than ever, the JRI is proving essential as CEELI, its
funders, and the emerging democracies themselves target judicial reform
programs and monitor progress as they work toward establishing
accountable, effective, and independent judiciaries.
The Judicial Reform Index: Overview
The Judicial Reform Index is an innovative tool developed by CEELI to
assess judicial reform and judicial independence in emerging
democracies and transitioning states. It offers international
organizations, development agencies, technical legal assistance
providers and local reformers a reliable means to target judicial
reform programs and monitor progress towards establishing more
accountable, effective and independent judiciaries.
The JRI was conceptualized and designed on the basis of comparative
legal traditions as well as international standards set forth in the
U.N. Basic Principles on the Independence of the Judiciary, the Council
of Europe Recommendation on Independence of Judges, the European
Charter on the Statute for Judges and the International Bar Association
Minimum Standards for Judicial Independence.
Because the JRI relies on international standards, it is a global tool
that can be implemented in Africa, Asia, the Middle East, in addition
to Europe and Eurasia, where CEELI has used the JRI to assess
judiciaries in more than fifteen countries since 2001.
The JRI evaluates judicial reform and judicial independence through a
prism of 30 indicators or factors, each of which sets forth particular
standards related to the following topics: quality, education and
diversity of judges; judicial powers; financial resources; structural
safeguards; transparency; and judicial efficiency. These factors are
evaluated by an assessment team on the basis of information gathered by
conducting interviews with 30 to 35 key informants and through an
in-depth analysis and discussion of a country's legal framework on the
judiciary.
Results of the 30 individual evaluations are collected in a
standardized JRI country assessment report. Following each factor
statement, a correlation value is identified and a brief summary
describing the basis for this conclusion is provided. A more in-depth
analysis of the issues, local conditions, relevant legal provisions and
mechanisms present or lacking in a country's judicial system then
follows.
The data collected in the JRI assessment process has enabled CEELI to
better understand important elements in the process of judicial reform
and target its technical assistance programming accordingly. In
addition to facilitating strategic planning, the JRI can be used to
monitor judicial reform over time and systematically catalogue problems
and their solutions.
The JRI also provides a platform for an unprecedented level of
comparative legal research and analysis that may be used to inform a
variety of audiences about the state of judicial affairs in
transitioning states and emerging democracies. As such, it is well
suited to identifying and transferring specialized knowledge and
lessons-learned. The data from all JRI assessment reports is compiled
in an on-line database at www.ceelijri.org.
For more information about the ABA/CEELI Judicial Reform Index, contact:
Andrew Solomon, Co-Director, Office of Rule of Law Research, at (202)
662-1577 or asolomon@abaceeli.org