Court Backlogs and Judicial Efficiency: A Comparative Study of Reform Measures in Selected Jurisdictions.

Naureda Llagami
Faculty of Law, University of Tirana

Abstract

This article examines the legislative, institutional, and procedural reforms undertaken in Germany, France, and the Netherlands in response to the persistent challenge of court backlogs and excessive length of judicial proceedings. Situated within the supranational framework established by Article 6(1) of the European Convention on Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union, the analysis interrogates the extent to which domestic reform trajectories have aligned with the standards elaborated by the European Court of Human Rights and the Court of Justice of the European Union, including through the pilot judgment procedure and the principle of effective judicial protection. Drawing on a comparative legal and doctrinal methodology, the study evaluates convergent and divergent tendencies across the three jurisdictions with respect to procedural streamlining, digitalisation, case flow management, and the institutionalisation of alternative dispute resolution mechanisms. The analysis further considers the methodological contribution of the European Commission for the Efficiency of Justice (CEPEJ), whose 2023 Backlog Reduction Tool provides a structured, evidence-based framework for addressing systemic judicial inefficiency. The article concludes that, while meaningful progress has been achieved across the jurisdictions examined, the effective reduction of court backlogs requires a sustained, multi-layered approach that integrates legislative reform, adequate institutional resources, technological capacity, and robust mechanisms for supranational monitoring and cross-jurisdictional learning.

Presentation