Efficiency of justice: a new Council of Europe report

The Council of Europe's The European Commission for the Efficiency of Justice (CEPEJ) has published a new report assessing the judicial systems of 44 European countries and two observer states. The report provides policy-makers and practitioners with a detailed analysis with a view to improving the quality and efficiency of justice in Europe.

Budget for justice

According to the report, the proportion of the budget allocated to the judiciary in European countries remains relatively low, at around 0.31 per cent of GDP. On average, 85.4 euros per person is spent on justice. Richer countries allocate more money to the judiciary, sometimes more than 200 euros per person. 2/3 of the budget goes to the courts, 25% to the prosecution service and 11% to legal aid. Meanwhile, spending on legal aid has fallen by 16% since 2020, especially in less wealthy countries.

Luxembourg's judicial budget (IJSB) for 2022 is 193 euros per capita, one of the highest in Europe, while the European average is 85.4 euros and the median is 74.8 euros. Luxembourg's judicial budget for 2022 was 0.16% of the country's GDP, one of the lowest in Europe, while the European average is 0.31% and the median is 0.28%.

Judicial professionals

In 2022, there will be an average of 22 judges, 12 prosecutors and 180 lawyers per 100,000 inhabitants in Europe. Women make up the majority of judges (57%) and prosecutors (54%). However, despite the increasing number of women in senior positions, the glass ceiling is still an issue. Overall, the salaries of judges and prosecutors have increased slightly in relation to the national average salary.

In 2022, Luxembourg had 492.6 lawyers per 100,000 inhabitants, one of the highest rates in Europe, with a European median of 155.5; in 2012 the figures were 384.8 and 111.6 respectively. 52% of public prosecutors in Luxembourg were women in 2022, compared to 46% in 2012. However, only 33% of heads of public prosecution were women in 2022 (compared to 0% in 2021). 72% of professional judges in Luxembourg were women, but only 44% of them were presidents of courts.

Access to justice

44 countries offer free access to legal texts and information via the Internet. While access to courts is paid for in most countries, legal aid is available in all countries, albeit under different conditions. Media coverage and digital solutions are becoming increasingly important for access to justice. Luxembourg allocates 1,379 euros per case for legal aid in 2022, well above the European average of 631 euros and the median of 320 euros.

Efficiency of courts and use of ICT

Since 2020, Europe has seen an improvement in the performance of court systems, although civil and commercial case times at first and second instance remain above pre-court levels. Investment in ICT for court systems has increased significantly in most countries, and 33 countries now allow remote hearings in criminal cases.

The CEPEJ 2024 report highlights progress in improving court systems in Europe, with a focus on the use of digital technology and efforts to reduce case processing times. However, problems remain in relation to unequal access to justice and the need to improve the quality of legal aid.