Edgardo Buscaglia

Judicial reform in Latin American courts : the experience in Argentina and Ecuador

This paper addresses the importance of an efficient and equitable judiciary on economic decisions. It addresses some of the main obstacles to a well-functioning judiciary and how to assess which reform may assist in alleviating these obstacles. In addition, it provides a method by which to assess the impact of judicial reform programs being implemented in a country. Specifically this paper develops a quantitative framework within which the efficiency and equity of a judicial system can be assessed. The experiences of the judicial systems in Argentina and Ecuador are analyzed within this framework as case examples. Part I of this paper provides a descriptive analysis of the problem of delays in resolving cases in the judiciary. Part II describes the main factors associated with them to disposition of a case in the two case studies. As a result, Reform programs based on these factors should lead to an improvement in the functioning of the judicial system. Part III develops benchmarks based on standard quality control techniques for the resolution of cases. The benchmarks can serve as performance indicators for the resolution of specific types of cases. In addition, such benchmarks permit the monitoring and evaluation of how judicial reform programs affect the time to resolve a case.

Judicial Reform: The Neglected Priority in Latin America

Judicial reform is essential in Latin America today where countries lack the legal systems needed to secure democratic rule and facilitate foreign political and economic relations in the emerging world of competition and interaction between nations. Indeed, the crisis in the Latin judiciary today is so profound that it may precipitate reforms that otherwise would be impossible. In this article, we offer new data on views from within judicial sectors and society at large. We discuss judicial and nonjudicial problems, including institutional inertia and traditional beliefs, and propose reforms needed to bring justice to all levels of society by enhancing efficiency and reducing the predatory role of the state, including the bribe culture within the public sector. We consider the expected costs and benefits both for the people in general and for government officials and politicians, the latter constituting essential considerations if reforms are to be realistic and stand any chance of being enacted.