Performance Assessment in Courts â the Swiss Case

Andreas Lienhard

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Chapter 5 Performance Assessment in Courts â the Swiss Case

In: Comparative Legal Metrics

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Andreas Lienhard

Andreas Lienhard
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Type:: Chapter

Pages:: 74â95

DOI:: https://doi.org/10.1163/9789004680944_006

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Abstract

Performance assessment has become commonplace in management, even in the public sector. With the increasing pressure on courts to perform while making efficient use of resources, performance assessments in the justice system are also gaining in importance. However, the need for judicial independence poses special challenges for performance assessments in courts.

Against this background, the chapter conducts a constitutional appraisal, and contrasts the need for judicial independence with the principles governing effectiveness and efficiency, self-government, supervision and appointment from a Swiss perspective. A duty to guarantee justice can be derived from this, that in principle does not exclude the performance assessment of judges, but even renders it essential, subject to compliance with certain requirements.

In these circumstances, it seems hardly surprising that numerous countries conduct performance assessments of judges and that various international institutions have developed principles for this purpose. Not least against this backdrop, there are also examples of performance assessments in the courts of Switzerland.

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Comparative Legal Metrics

Quantification of Performances as Regulatory Technique

Series:Â Comparative Law in Global Perspective, Volume: 5

E-Book ISBN:: 9789004680944

Publisher:: Brill | Nijhoff

Print Publication Date:: 18 Jul 2023

Subjects
- International Law

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Part 1 Justice and Education

Part 2 National Policy Making

Part 3 Transnational and International Market-Related Activities

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Chapter 5 Performance Assessment in Courts â the Swiss Case

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Comparative Legal Metrics

Quantification of Performances as Regulatory Technique

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Chapter 5 Performance Assessment in Courts â the Swiss Case