Jol Ficet University of Lige Belgium MANAGRIALISATION ET
Joël Ficet University of Liège - Belgium MANAGÉRIALISATION ET TERRITOIRES DE JUSTICE LES CAS FRANÇAIS ET BELGES
Joël Ficet University of Liège - Belgium THE NEW GEOGRAPHY OF JUSTICE IN FRANCE AND BELGIUM A MATTER OF “GOOD MANAGEMENT” ?
Introduction n The rise of New Public Management in judicial systems n n n The governance of judicial systems in Western Europe is increasingly determined by managerial values and techniques. Influence on the judicial geography in France and Belgium Judicial Map reforms in France and Belgium n n Divergent trajectories, unequal success Opposite “policy styles”
The Rise of NPM in Judicial Systems n The normalization of the “third power” n n A derogatory organization The shift of perception of justice as a specific part of the State New values for Justice : efficiency, performance, accountability, customer-orientation… Judicial Map Reforms and New Public Management n n A common objective : decentralizing the courts’ management The “optimal scale” issue
France 1995 → decentralization of the management at the level of the Court of appeal. 2006 → implementation of a performance-budgeting system (“LOLF”) in the judicial system. 2007 → reform of the judicial map Belgium 2005 → project for a decentralization of the management at the level of the Courts of appeal (plan “Themis”). 2006 → plan “Themis II”. 2008 → project “Reconfiguration of (“Dati reform”). Suppression of 341 courts out of 1190. the Judicial Organization”, elaborated by the High Council for Justice. 2009 → creation of logistical 2008 → project “Modernisation of platforms taking over all back office tasks from courts the Prosecution”, elaborated by the College of prosecutors. 2009 → project “A new architecture for Justice”
Policy styles and Judicial Map Reforms n Opposite attitudes towards problem-solving n n n Opposite relations between government and professionnal elites n n n Belgium: a « consociational » regime (A. Lijphart) France: a « westminsterian » regime Belgium: a quasi-corporatism France : confrontation and marginalization of the judiciary in the decision-making process Results n n clash of interests and endless negotiation in Belgium, authoritarian change in France
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