Judicial Reform in Latin American Courts: The Experience in Argentina and Ecuador

Abstract

This paper delineates a methodology to assess the efficiency and effectiveness of the judicial sectors. It accounts for some of the main obstacles to a well-functioning judiciary and how to assess which reforms may assist in alleviating these obstacles. In addition, it provides a methodology by which to assess the impact ofjudicial reform programs being implemented in a country. Specifically, this paper develops a quantitative framework within which the efficiency and equity of a judicial system can be assessed. The experiences of the judicial systems in Argentina and Ecuador are analyzed within this framework as case examples. Part I of this paper provides a descriptive analysis of the problem of delays in resolving cases in the judiciary. Part II describes the main factors associated with the time to disposition of a case in the two case studies. As a result, Reform programs based on these factors should lead to an improvement in the functioning of the judicial system. Part III develops benchmarks based on standard quality control techniques for the resolution of cases. The benchmarks can serve as performance indicators for the resolution of specific types of cases. In addition, such benchmarks permit the monitoring and evaluation of how judicial reform programs affect the time to resolve a case.