Judicial Independence and Separation of Powers: A Case Study in Modern Court Management

Abstract

The construction of a court management organization in the judiciary touches the heart of judicial independence and separation of powers. It is vitally important to have sufficient safeguards against outside pressures from executive branch authorities, to maintain the independence of the judiciary and respect separation of powers. In the Netherlands, a modern court management organization has been established to improve judicial efficiency and enhance the quality of the administration of justice. Executive branch authorities, such as the Minister of Security and Justice, obtained broad supervisory powers concerning the operational management of the courts of the judiciary. In supervising the operations of the courts, these non-judicial authorities turn out in practice to be intensively involved in the way in which the judges handle cases. This organizational structure does not satisfy standards of judicial independence and separation of powers. Fundamental changes in this management structure have to be considered.