The main problems of the judicial system are the unpredictability and lengthy proceedings, – business opinion

28/ 04/ 2021

The Court Index, an expert study conducted by the European Business Association in partnership with the law firm GOLAW, showed a slight change in the level of trust of business in the judiciary during 2020. View the presentation The EBA and GOLAW presented the results of the study on April 27. The study, which was conducted from 1 to 16 April 2021, involved 98 lawyers of EBA member companies and more than 100 CEOs. In 2020, the integrated indicator of the Court Index increased to 2.50 points on a 5-grade scale (in 2019, it was 2.45 points). In general, business assessments of the judiciary remain unchanged for five years in a row. At the same time, the level of the CEO’s trust in the judicial system amounted to 1.82 points (1.98 in the previous period). It is noted that the CEOs usually take a more emotional approach in assessing the court than the lawyers do. Anna Derevyanko. EBA Executive Director. 2020 has become a real test for the entire court system in terms of work organization. Apart from the traditional problems, the consequences of the pandemic exacerbate the existing weaknesses, namely, lengthy proceedings and delayed judgment drafting. While the professional community was more sympathetic to last year‘s challenges facing the court, the CEOs had a more critical opinion on the current situation and the lack of progress towards judicial reform. The estimation of the impartiality of the court system by the expert legal community has increased slightly to 2.69 points (2.55 in 2019), as well as the estimation of criteria of organization and operation of the judicial system - 2.98 points (2.83 in the last wave of the survey). Experts assess the availability of court decisions, the qualifications and professionalism of judges, the availability of judicial protection the best, and the timing of drafting court judgments the worst. Among the factors that negatively affect the credibility of the judiciary, experts include, first of all, the excessive workload of the courts, which affects the quality of court proceedings, as well as the length of proceedings and judgment drafting. The professional community put the highest score for commercial courts - 2.59 points out of 5 possible. In second place are general courts - 2.47 points, and in third place - administrative courts with a score of 2.42 points. Valentyn Hvozdiy. Managing Partner, GOLAW. The study results reflect what has happened with the judiciary in the last few years, and it should be perceived as steps that have led to significant transformational changes. We very much hope that the current government will not slow down the reforms, but on the contrary, will do everything necessary to strengthen the judiciary. Main Partner Analytical Partner For reference: The Court Index is a study conducted by the European Business Association since 2013 to monitor and timely identify problematic aspects in the relationship between business and the judiciary. It consists of three equivalent components: the assessment of the level of trust to the court by the heads of EBA member companies, the assessment of the impartiality of the judicial system, the average assessment of the nine criteria of organization and operation of the judicial system.

View the presentation

The EBA and GOLAW presented the results of the study on April 27. The study, which was conducted from 1 to 16 April 2021, involved 98 lawyers of EBA member companies and more than 100 CEOs.

In 2020, the integrated indicator of the Court Index increased to 2.50 points on a 5-grade scale (in 2019, it was 2.45 points). In general, business assessments of the judiciary remain unchanged for five years in a row.

At the same time, the level of the CEO’s trust in the judicial system amounted to 1.82 points (1.98 in the previous period). It is noted that the CEOs usually take a more emotional approach in assessing the court than the lawyers do.

Anna Derevyanko EBA Executive Director

2020 has become a real test for the entire court system in terms of work organization. Apart from the traditional problems, the consequences of the pandemic exacerbate the existing weaknesses, namely, lengthy proceedings and delayed judgment drafting. While the professional community was more sympathetic to last year‘s challenges facing the court, the CEOs had a more critical opinion on the current situation and the lack of progress towards judicial reform.

The estimation of the impartiality of the court system by the expert legal community has increased slightly to 2.69 points (2.55 in 2019), as well as the estimation of criteria of organization and operation of the judicial system – 2.98 points (2.83 in the last wave of the survey).

Experts assess the availability of court decisions, the qualifications and professionalism of judges, the availability of judicial protection the best, and the timing of drafting court judgments the worst. Among the factors that negatively affect the credibility of the judiciary, experts include, first of all, the excessive workload of the courts, which affects the quality of court proceedings, as well as the length of proceedings and judgment drafting.

The professional community put the highest score for commercial courts – 2.59 points out of 5 possible. In second place are general courts – 2.47 points, and in third place – administrative courts with a score of 2.42 points.

Valentyn Hvozdiy Managing Partner, GOLAW

The study results reflect what has happened with the judiciary in the last few years, and it should be perceived as steps that have led to significant transformational changes. We very much hope that the current government will not slow down the reforms, but on the contrary, will do everything necessary to strengthen the judiciary.

Main Partner

Analytical Partner

For reference:

The Court Index is a study conducted by the European Business Association since 2013 to monitor and timely identify problematic aspects in the relationship between business and the judiciary. It consists of three equivalent components: the assessment of the level of trust to the court by the heads of EBA member companies, the assessment of the impartiality of the judicial system, the average assessment of the nine criteria of organization and operation of the judicial system.