EBRD

Transition Report 2012 INTEGRATION ACROSS BORDERS

Chapter1-banner

Chapter 1

Conclusion and policy implications

In order to bolster business and investor confidence in the courts and to reap the full benefit of commercial law reform, the "law on the books" must be effectively applied and enforced in the courts. This assessment has found that commercial courts in the CIS, Georgia and Mongolia continue to face substantial challenges, particularly in ensuring the impartial treatment of litigants and the effective implementation of judgments. Overall, however, the quality and predictability of judicial decisions are better than many might have expected. Cost of, and, perhaps surprisingly, speed of justice do not pose major problems.

These results should be of interest to transition governments and invite further examination of the issues raised. For those involved in judicial reform, including the EBRD through its Legal Transition Programme, this assessment will help in formulating and targeting relevant technical assistance work. Priorities for reform include: better judicial training in commercial law, markets and decision writing; ensuring public access to all judicial decisions; improving the interaction of substantive and procedural law; better monitoring of training needs and the quality of judicial output; and greater judicial collaboration between court authorities and the business community on problems in the courts' handling of commercial matters and their possible solutions.

The EBRD has been providing technical assistance on projects to enhance judicial capacity in a number of countries covered in this assessment, including the Kyrgyz Republic, Moldova, Mongolia and Tajikistan. This work has included judicial training programmes in commercial law, institutional development of training and supervisory bodies, review and analysis of court structures and alternative dispute resolution. The Bank is also developing training products that focus on the interaction of law, markets, economics and accountancy for judges determining insolvency cases. These measures are designed to strengthen commercial courts and to enhance public, and in particular business, confidence in them.

icon-toolsTools

icon-pdfOther Reports

Annual Report 2012
pdf English
pdf French
pdf German
pdf Russian

Financial Report 2012
pdf English
pdf French
pdf German
pdf Russian

pdf Donor Report 2013

pdf Sustainability Report 2012