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Beauty and the beast: Comparing the law on the books with the law in practice

Klaus Decker's picture
 

Who has not faced a situation wherein the law on the books in a particular country looks just beautiful but things seem to be going horribly wrong in practice?

Whatever the gap between the law on the books and the law in practice, how does one even go about assessing it in the first place before starting to bridge it? What is feasible, given the budgets that we are likely to work with when carrying out these diagnostics?

Process maps may be just what you are looking for. As part of a Judicial Functional Review in Serbia, our team was tasked with assessing the implementation gap between the provisions in the codes and the practice in the courts. Time was limited and resources scarce.

So what did we do?

Protecting Armenia’s future: Let’s make it great to be a girl!

Laura Bailey's picture
One of the most striking things I first noticed after moving to Armenia was the importance of strong extended family networks – and the extent to which this aspect of Armenian social structure has evolved over time, transcending distance and getting ever-stronger through adversity.

This solid social network is an essential element in understanding and responding to the challenges that Armenia faces – and it can, if well-mobilized, help boost the country’s ability to reduce poverty and ensure that economic growth and prosperity are shared among all.

When less is more: How Serbia could deliver better justice with fewer judges

Georgia Harley's picture
In courts across Europe, there is a common refrain: “we need more judges!” Your court has a backlog? Many hands will make light work. Your courts are out of touch? Let’s bring in some new blood.
 
Serbia, however, has the opposite problem. Serbia has too many judges. And the implications for system performance, service delivery, and justice reform are significant.
 
So how many is too many?

Rain and shine: Deliberations in Istanbul on the impact of oil prices

Ulrich Bartsch's picture
On a recent rainy Saturday in Istanbul, the mood was so gloomy that a roomful of macro-economists were at pains to admit that the sharp fall in the oil price since June 2014 would actually benefit a lot of people. On display was an impressive assortment of "two handed economists", who saw almost as many losers as winners. They cited negative effects on fiscal balances in oil exporting countries, investment declines because of uncertainty, and demand shortfalls in countries in which consumers are still deleveraging after the Global Crisis. In addition, the gains in many countries would be tempered by government interventions, which may reduce subsidies or raise taxes without translating fiscal space into higher spending.

Can Court Fee Waivers Open the Door for Justice in Serbia?

Georgia Harley's picture
The courts are open and justice is blind, or so they say. But if you’re poor, the courts may be beyond your reach. How can you protect your rights if you cannot afford to walk through the door of the courthouse?

In many countries, courts offer to waive their fees to anyone who can demonstrate that they cannot afford them.

Whilst it is true that fee waivers will not overcome profound barriers to access to justice, they do provide an important safety net for the poor to access essential services. And by helping the poor to pursue their rights, the courts can help to level that unequal playing field that is the courtroom.

In Serbia, providing court fee waivers are particularly pertinent.
 

What Does It Take For Turkey To Close The Regional Gap?

Can Selçuki's picture
When our friends who are new to Turkey arrive in Istanbul, they are often surprised to find a developed country. Then they may be told that the west of the country is well developed, but there are regions in the east that are really lagging behind. However, upon a visit to Gaziantep or Kayseri, they realize that these cities are doing much better than they initially thought with developing industry and rapid urbanization.

So what  is the story about regional inequalities in Turkey?

Managing EU Funds – What We Can Learn from Slovenia

Maya V. Gusarova's picture
Effective management of European Union (EU) funds is not only high on the agenda of the new EU member states but also of the Western Balkan countries that are progressing in the EU integration process. As such, these countries face several important challenges and questions today.

On becoming an EU member, how much will the budget calendar and its preparation need to change? How best to plan and execute projects which are pre-financed? How to record unspent EU funds in the next fiscal year? To what extent should the Ministry of Finance be involved in the process before the signing of financial agreements with the EU? These and other questions arise in relation to the impact on a country’s fiscal position, co-financing obligations, pre-financings and bridging resources, and payment of errors.

Poland’s Junk Contracts - Or A Tale of Labor Market Duality

Roberta V. Gatti's picture
Warsaw, PolandThe journalist who came up with the name junk contracts for the Civil Law Contracts (CLCs) that now regulate the employment of anywhere between 1 and 1.4 million workers in Poland must have known a thing or two about capturing national sentiment. In a country which skillfully skirted the great recession and continues to display stable growth, the gap between employment conditions of those who work under CLCs and the rest of the labor force is a lightning rod for debate.

Why Skills Matter in the Kyrgyz Republic

Mohamed Ihsan Ajwad's picture
During my visits to the Kyrgyz Republic I am always surprised to talk with people who fondly reminisce about the economy during Soviet times.  Taxi drivers nostalgically describe traffic coming to a stop as factories changed shifts.  I guess I should be less surprised, given that, prior to 1991, the Kyrgyz Republic produced almost exclusively for the Soviet Union.

With the fall of the Soviet Union, much of Russia’s demand disappeared and many firms in the country closed during the 1990s. Although the industrial sector has begun a revival over the last few years - with garment shops and private enterprises expanding - the service sector now dominates in the country - accounting for approximately 54% of GDP and 64% of jobs.

Following two rounds of low PISA test results, the government became concerned about skills more broadly and how those skills might affect employment outcomes.

But, little was known about skills in the country!

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