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The Stakes for the Transition to a Modernized Judicial

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The Stakes for the Transition to a Modernized Judicial JAM Justice and Management: the stakes for the transition to a modernized judicial DUPONT Emilie and SCHOENAERS Frédéric (University of Liège) - GIBENS Steven and HUBEAU Bernard (University of Antwerp) - JONCKHEERE Alexia, MAHIEU Valentine, MINCKE Christophe and TANGE Carrol (National Institute for Criminology and Criminalistics, Dpt. Of Criminology) Axis 4: Federal public strategies Project BR/132/A4/JAM - Justice and Management: the stakes for the transition to a modernized judicial NETWORK PROJECT JAM Justice and Management: the stakes for the transition to a modernized judicial Contract - BR/132/A4/JAM FINAL REPORT PROMOTORS: SCHOENAERS Frédéric (University of Liège) HUBEAU Bernard (University of Antwerp) JONCKHEERE Alexia (National Institute for Criminology and Criminalistics, Dpt. Of Criminology) MINCKE Christophe (National Institute for Criminology and Criminalistics, Dpt. Of Criminology) TANGE Carrol (National Institute for Criminology and Criminalistics, Dpt. Of Criminology) AUTHORS: DUPONT Emilie and SCHOENAERS Frédéric (University of Liège) GIBENS Steven and HUBEAU Bernard (University of Antwerp) JONCKHEERE Alexia, MAHIEU Valentine, MINCKE Christophe and TANGE Carrol (National Institute for Criminology and Criminalistics, Dpt. Of Criminology) BRAIN-be (Belgian Research Action through Interdisciplinary Networks) 2 Project BR/132/A4/JAM - Justice and Management: the stakes for the transition to a modernized judicial Published in 2018 by the Belgian Science Policy Avenue Louise 231 Louizalaan 231 B-1050 Brussels Belgium Tel: +32 (0)2 238 34 11 - Fax: +32 (0)2 230 59 12 http://www.belspo.be http://www.belspo.be/brain-be Contact person: Emmanuèle BOURGEOIS Tel: +32 (0)2 238 34 94 Neither the Belgian Science Policy nor any person acting on behalf of the Belgian Science Policy is responsible for the use which might be made of the following information. The authors are responsible for the content. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without indicating the reference: DUPONT Emilie and SCHOENAERS Frédéric (University of Liège) - GIBENS Steven and HUBEAU Bernard (University of Antwerp) - JONCKHEERE Alexia, MAHIEU Valentine, MINCKE Christophe and TANGE Carrol (National Institute for Criminology and Criminalistics, Dpt. Of Criminology). Justice and Management: the stakes for the transition to a modernized judicial. Final Report. Brussels: Belgian Science Policy 2018 – 105 p. (BRAIN-be - (Belgian Research Action through Interdisciplinary Networks) BRAIN-be (Belgian Research Action through Interdisciplinary Networks) 3 Project BR/132/A4/JAM - Justice and Management: the stakes for the transition to a modernized judicial TABLE OF CONTENTS CONTENTS ABSTRACT 5 KEYWORDS: JUSTICE REFORM, POLICE REFORM, USERS, MANAGEMENT, STAKEHOLDERS 5 1. INTRODUCTION 5 2. STATE OF THE ART AND OBJECTIVES 6 3. METHODOLOGY 11 WP1. Towards greater access to justice to the public as an aim for reform 11 WP2. Challenges involved in the transformation of the role, position and status of the “managers” of reforms in the justice system and the police 12 WP3. The administrative actors of the police and judiciary, caught between bureaucratic stability and management agitation 12 4. SCIENTIFIC RESULTS AND RECOMMENDATIONS 13 WP1. Towards greater access to justice to the public as an aim for reform 13 WP2. Challenges involved in the transformation of the role, position and status of the “managers” of reforms in the justice system and the police 33 WP3. The administrative actors of the police and judiciary, caught between bureaucratic stability and management agitation 69 TRANSVERSAL REFLECTIONS 89 COMMENTS AND RECOMMENDATIONS FROM THE EXPERTS OF THE FOLLOW-UP COMMITTEE 97 WP1. Towards greater access to justice to the public as an aim for reform 97 WP2. Challenges involved in the transformation of the role, position and status of the “managers” of reforms in the justice system and the police 98 WP3. The administrative actors of the police and judiciary, caught between bureaucratic stability and management agitation 98 5. DISSEMINATION AND VALORISATION - COMMUNICATIONS 99 6. PUBLICATIONS - ARTICLES, CHAPITRES D‟OUVRAGES ET PUBLICATIONS ÉLECTRONIQUES 101 7. ACKNOWLEDGEMENTS 103 WP1. Towards greater access to justice to the public as an aim for reform 103 WP2. Challenges involved in the transformation of the role, position and status of the “managers” of reforms in the justice system and the police 103 WP3. The administrative actors of the police and judiciary, caught between bureaucratic stability and management agitation 104 ANNEXES 104 BRAIN-be (Belgian Research Action through Interdisciplinary Networks) 4 Project BR/132/A4/JAM - Justice and Management: the stakes for the transition to a modernized judicial ABSTRACT As many flaws in the Belgian legal system (including police and justice organizations) were revealed in the 90‟s, the debate regarding the management and administration of justice obviously became a priority. As a consequence, the need for reforms became widely accepted. The JAM project aims to contribute to the development of the state of the art regarding the conditions for the implementation of the new “management logic” within the justice system. It also aims to contribute to the discussion regarding the issues involved in the creation of the instruments required to support the transition towards a modern justice system. The research process highlights a series of transversal findings in the different grounds of study (access to justice, situation of managers, impact of management on administrative actors): the political management of the modernization of the police and justice is above all based on a discourse of legitimization of the managerial logic and the emphasis of promises; modernizing these institutions takes a dominant orientation based on the principles of rationalization of resources and consequently of management of the shortage; the reforms organized by the political world or the high hierarchies represent above all general "principles" but do not give to the local actors clear guidelines of functioning what leads to the development of localism and crumbling of the public action; and doing so, we have witnessed an over-accountability of all recipients of managerial modernization policies which become guarantors of their success, without having the necessary resources. KEYWORDS: JUSTICE REFORM, POLICE REFORM, USERS, MANAGEMENT, STAKEHOLDERS 1. INTRODUCTION Following the “Bende dossier” and the “Dutroux case”, the debate regarding the management and administration of justice obviously became a priority, and many flaws in the Belgian legal system were revealed. As a consequence, the need for reforms became widely accepted. On the one hand, justice matters and trials have taken center stage in the media, a phenomenon of “judicialization” of society has emerged and European states as well as politicians have increased their intervention in the general workings of the justice system. All these developments have contributed to the emergence of new requirements and expectations that are, directly or indirectly, being applied to legal institutions and their actors. The various types of court are now being expected and required to improve their performance in terms of efficacy and efficiency, in terms of the quality of their decision-making process and in relation to their accessibility. In addition, the justice system is also faced with a further requirement: the obligation to justify its ability to improve its performance. The justice system is now being placed under ever closer scrutiny (both official and unofficial) from different spheres (media, politics and society). All these factors combine to constitute the fundamental process of change (or paradigm shift), which has now become a requirement for managerialization. On the other hand, police organizations have also undergone a fundamental paradigm shift since the mid- 1990s. The act of December 7th 1998 instigated a reform that radically transformed the Belgian police landscape. The act, putting into practice the so-called “Octopus” political agreement, created an integrated police body, structured at two levels (local and federal). In 1998, the act united and unified these bodies under a common legislation by abrogating the respective acts that had previously separated them. Beyond the considerable structural and statutory changes induced by the reform, the 1998 act also affected the work of the police on the ground, through its ideological and methodological dimensions. The idea was to modernize the police service firstly, by reinventing its culture (emphasizing community policing as an alternative to the traditional police model of crime fighting, which was deemed ineffective) and secondly, by imposing organizational reforms through the introduction of technical, statistical, methodological and computerized tools. The context of crisis within which the police reform emerged led to pay particularly close attention to the question of security. As a result, policy makers implemented a security policy fully anchored in both the principles of management and the philosophical renewal inherent in the reform. BRAIN-be (Belgian Research Action through Interdisciplinary Networks) 5 Project BR/132/A4/JAM - Justice and Management: the stakes for the transition to a modernized judicial However, many reform plans stem from an internal perspective,
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