Utility maximizing judges and judicial assistants: Testing rational choice theory in 22 EU countries

By using a longitudinal bi-annual dataset (2012–2018) from the European Commission for the Efficiency of Justice (Cepej) for 22 EU countries, this study tests four hypotheses that have been derived from rational choice theory at individual and aggregated level. The positive associations between caseload and productivity support the hypothesis that judges sacrifice leisure or the quality of their decisions to achieve a reduction in backlogs. While the lack of association between the number of assistants and judge’s productivity supports the hypothesis that appointing new staff reduces caseload, thereby inducing judges to substitute time they spend on resolving cases for leisure or improving the quality of their decisions, while the positive association between the number of judges and productivity contradicts this hypothesis. The finding that assistant’s caseload negatively moderates the relationship between judge’s caseload and judge’s productivity supports the hypothesis that as the caseload of assistants increases, judges are releaved of more administrative tasks, thereby allowing judges to spend more time on leisure or improving the quality of their decisions rather than on resolving cases. Our findings suggest that assistants use similar trade-offs as judges and affect judges’ utility maximizing behaviour

DOES PERFORMANCE BUDGETING SYSTEM AFFECT FISCAL PERFORMANCE IN OECD

Fiscal institutions tend to affect government deficit besides the macroeconomic variables. Fiscal institutions cover all rules and regulations in the budgetary process. Countries already have a standard performance budgeting framework to allocate budget resources. However, some countries don't connect performance information with budget results, which means that performance information has no effect on the budgetary result if targets are not met.This article investigates the relationship between budget deficit and performance budgeting system (II). More specifically, our aim is to investigate the relationship between general government deficit and performance budgeting system when there are no budgetary consequences if targets are not met.For this purpose, the 2016 OECD Performance Budgeting Survey data will be used to define the performance budgeting variables. The results show that countries which have budgetary consequences if targets are not met tend to have a lower government deficit.C1 [Deyneli, Fatih] Pamukkale Univ, Denizli, Turkey

salaries of judges with two-stage DEA method

In this study it's aimed to determine the relationship between efficiency of justice service and salaries of judges in European countries with two-stage Data Envelopment Analysis (DEA). Data used in this study are taken from European Judicial System report published by The European Commission for the Efficiency of Justice. In this study two stage DEA is used. In the first stage, the efficiency of justice service is measured by data envelopment analysis. In the second stage, the results obtained from DEA are regressed with variables affecting the courts by Tobit regression model. In the DEA analysis while number of judges and office staff are used as inputs, resolved cases are used as outputs. In the Tobit regression model while the results obtained from DEA are used as dependent variable, judge salaries, judges' basic education and number of courts are used as explanatory variables. According to Tobit regression model, it's found that there is a positive and significant relation between efficiency of justice service and salaries of judges in European countries. The increase in judge salaries is significant for the efficiency of courts, but it certainly is not only solution for the efficiency of justice services

IDENTIFYING THE PERFORMANCE INDICATORS IN PUBLIC SECTOR A CROSS-COUNTRY

In recent years, performance budgeting system is very popular among practitioners and academics. Both OECD and European countries focus on this system to improve their fiscal performance. However, there are some difficulties to set performance indicators.There are different ministries for providing social demand in public sector. And it's not easy to set performance indicators for different services in public sector. There are many studies about the judiciary in law and economics literature. But there are few studies about efficiency of judiciary, performance of judiciary and budgeting in judiciary system. Identifying the performance indicators in public sector is the most important process in performance budgeting system. Because of the characteristic of the public services like judicial system-sometimes it can be hard to define and identify performance indicators or set goals for performance management.This study aims to analyze how countries solve this problem. The study compares Dutch and Turkish legal system budgetary process and performance indicators, which relate to the strategies of judiciary by using Ministry of Justice data of two countries. There are two main differences between Dutch Justice System and Turkish Justice System. One of them is the Council. In Turkey there is not a Council like in Netherlands. The Council has an important role in both organization and budget process. Second is court's autonomy. Courts in Turkish judiciary system are not autonomous like Dutch. These two differences affect budgetary process of county judicial system