Key Benefits:
Decision of 28 January 2005, laying down new rules on the financing of case-law relating to the introduction of a system of benefits and the settlement of production differences (Decision financing case-law 2005)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Justice of 7 December 2004, Executive Board of Law, No 5323045/04/06;
Having regard to the Articles 97, first paragraph , and 98, 4th paragraph, of the Law on Judicial Organization ;
The Council of State heard (opinion delivered on 6 January 2005, No W03.04.0591/I);
Having regard to the further report of our Minister of Justice of 21 January 2005, Executive Board of Law No 1. 5331152/05/6
Have found good and understand:
For the purpose of this Decision:
a. Act: the Law of the judicial organisation ;
b. case: a court procedure to be treated or acted on by a court;
c. production: the total number of cases treated or completed;
(d) national prices: the differentiated amounts by product group for each case used to determine the production-related contribution to the case-law;
e. local prices: the amounts of the differentiated amounts of products used for the production of the production-related contribution to a court of first instance;
f. case category means a part of the production that is treated in a similar way within a court category;
g. product group: a number of related case categories;
h. Court categories:
1 °. Courts;
2 °. the courts;
3 °. the College of Appeal for the business community;
4 °. the Central Board of Appeal.
1 There is a system of production measurement before the case-law. This system shall be used in measuring the number of cases treated or completed by the legal category and within each court.
2 The measurement is done at the level of individual case categories, clustered in product groups.
3 The Council manages the definitions and models underlying the classification in product groups and case categories.
4 Important changes to the classification of product groups and case categories, as well as the underlying definitions and models need the consent of Our Minister.
1 There is a system of price measurement for the case-law. This system, in charging costs for the number of cases treated or completed for all the courts, means jointly and unambiguously derived the dishes separately.
2 The measurement is done at the level of individual product groups.
3 The Council administers the definitions and models underlying the price measurement.
4 Important changes to the definitions and models need the consent of Our Minister.
1 There is a workload system for the case-law. This system involves measuring the workload of the staff in the dishes involved in the production by means of periodic time-writing examinations.
2 The measurement is done at the level of the individual case categories.
3 The Council administers the method of periodic time-writing studies underlying the load measurement measure.
4 The Council shall review the design of time-writing studies and the manner in which investigations are carried out by an external, independent expert.
1 In addition, the Council shall periodically examine, in the context of the exercise of the workload, comparative studies of realised price differences between the courts.
2 At the request of our Minister, or on its own initiative, the Council shall carry out specific in-depth investigations into specific elements of the price achieved per case.
1 The Council proposes a committee which advises the Council on changes in the production, price and workload systems and on the setting up of competitions and competitions intended for the purpose of the Articles 2 to 5 .
2 The committee consists of representatives of the courts.
3 A representative of the Ministry of Justice shall take part in the submission of the committee as an observer.
1 The Council and the courts develop and manage a quality system. The system shall measure the quality of the judicial organisation and, in particular, the functioning of the judicial system.
2 The Council shall review the design of the quality system by an external, independent expert.
1 Our Minister develops and manages a forecasting model for the inflow of business. The aim of the model is to arrive at objectively based statements on the foreseeable inflows of cases in the courts.
2 The development and management of the forecasting model shall be carried out in agreement with the Council.
3 Our Minister is doing the design of the forecasting model keys by an external, independent expert.
The annual contribution to the Council for the activities of the Council and the courts of the Council shall be equal to the amount provided for by the Council in the budget adopted for the financial year in question. of the Ministry of Justice.
The contribution to be granted to the Council shall consist of the following elements:
a. A production-related contribution;
b. A contribution to court costs;
c. a contribution to other expenditure.
The production-related contribution shall be determined by multiplying the national prices for the year in question by the number of cases entered in the budget of the Ministry of Justice per product group.
1 The national prices are fixed for three consecutive years and included in the budget of the Ministry of Justice.
2 The prices are based on:
a. The price realised in the past by product group;
b. Changes in the ratio of the number of cases by case category within the product group;
c. the results of the load measurement, specified in Article 4 , as well as the additional investigations, Article 5 ;
d. quality considerations based on information from the quality system, intended in Article 7 ;
e. considerations of effectiveness.
3 Annually prices are adjusted in relation to general wage and price developments.
1 The Council, in its budget proposal for the year of implementation and the four following years, bases its estimate of the number of cases per product group on the expected inflows of cases in the financial year, the working stock at the beginning of the year. execution year and the desired operating stock at the end of the year.
2 The Council uses the forecasting model, which is intended to be Article 8 , for the estimation of the expected inflow of cases. If it deviates from data generated by the forecasting model for his budget proposal, the reasons for this shall be included in the proposal.
3 The Council shall correct, where appropriate, the estimate of the expected inflow of the effects of changes to the system of the case-law.
1 The contribution to court costs shall be determined by multiplying the court costs per case by the number of civil and administrative matters entered in the budget of the Ministry of Justice.
2 Under-court costs per case are defined as: the expenses incurred in civil and administrative matters in the most recent year preceding the financial year divided by the number of civil, administrative or administrative matters for the financial year in question.
3 If the amount referred to in paragraph 1 is not sufficient, our Minister shall make additional financial resources available to the Council in order to finance the costs of the courts with regard to the costs of litigation.
1 The contribution for other expenditure shall be equal to the amount entered in the budget of the Ministry of Justice.
The Council shall adopt, in its budget proposal, a plan containing an estimate of other expenditure for the financial year concerned, a description of the activities and the specific objectives pursued.
3 In the estimate, incidental and structural costs shall be made visible.
The rules to be adopted by Our Minister in connection with the annual contribution to the contribution may concern only:
a. The number of seed per product group to be jointly achieved by the courts;
b. To realize objectives as included in the in Article 15 plan referred to;
c. the realisation of agreements made in labour-term consultation.
1 The own funds of the case-law are determined by the sum of the own capabilities of the courts and of the services referred to in the Council, intended for the purpose of Articles 36 and 39, second paragraph , and the own funds of the Council itself, Article 18 .
2 In the balance sheet, the own funds of the case-law can only be included in the case-law:
a. An operating reserve;
b. a compulsory reserve, that is to say a reserve, as intended Article 2:365 BW, second paragraph, in conjunction with the first paragraph, part b, of that article and Article 2:390 BW ;
c. the undivided result.
3 The total operating reserve and the undistributed result of the case-law shall not exceed 5% of the average annual benefits of the case-law, calculated over the last three years.
4 The own funds of the case-law are minimum zero.
5 A positive exploitation result of the case-law comes to the limit referred to in the third paragraph to the operating reserve of the case-law. The Council will pay the Council more than once to our Minister.
6 A negative exploitation result of the case-law is borne by the operating reserve of the case-law. In the exceptional case that this leads to a negative power, this is discharged by Our Minister and consultations take place to take place as intended in Article 21 .
7 For the purpose of providing financial compensation for activities which are not entrusted to the case-law for others than our Minister, the Council is required to obtain the consent of our Minister.
1 The Council shall have its own funds consisting of an operating reserve, a compulsory reserve and the undistributed result.
2 The operating reserve of the Council is intended to cover risks in the operation of the case-law as a whole.
3 Our Minister can take account of Article 17, third paragraph , in order not to add to the Council's operating reserve in order to strengthen the Council's own funds.
4 The Council is not allowed to accept contributions in the form of a loan from others than our Minister for Finance. Contributions from others shall be added to the operating reserve of the Council.
1 The Council manages an equalization account for the case-law.
2 The equalisation account shall be designed to calculate differences between the agreed and agreed production.
3 The equalization account is part of the Council's balance sheet.
4 The funds applied to the equalisation account shall be held without interest on a current account in the Office of the Treasury Department of Finance.
5 A positive settlement to be charged to the equalization account cannot exceed the total amount available on the account.
1 The Council following the Article 11 the production-related contribution granted shall be increased or reduced if the courts have taken off more or fewer cases per product group than was provided for in the budget of the Ministry of Justice.
2 The amount of the increase or reduction is determined by multiplying the number of cases per product group, which is more or less reduced by a price equal to 70% of the price applicable for the year in question. product group.
3 An increase in the production-related contribution referred to in paragraph 1 shall be made to the Article 17, third paragraph This limit shall be used for the purposes of the State of benefits and charges of the Council and of the courts and shall be borne by the equalisation account of the case-law. If the increase is greater, it shall not be taxed for the multiple the equalization account. The increase shall be limited to the amount specified in Article 19, fifth paragraph .
4 A reduction in the production-related contribution referred to in paragraph 1 shall be included in the state of benefits and burdens of the Council and of the courts and shall benefit from the equalization account of the case-law.
In the event of an imminent operating loss that leads to a negative ability of justice, an operating profit come out above the in Article 17, third paragraph Without prejudice to any significant change of circumstances with demonstrable effects on production, our Minister and the Council shall consult and, if necessary, without prejudice to: Article 17, fifth paragraph, second sentence , the production numbers of the case-law and national prices are on.
1 The Council shall provide to our Minister the information necessary for the exercise of its task in the financing of the case-law. This shall include in each case:
a. Production-related contribution data, court fees and other expenses as referred to in the Articles 11 , 14, first paragraph , and 15, second and third members .
b. price data, including the results of workload measurement and comparative and depth surveys, and data on the quality as mentioned in Article 12, third paragraph .
c. Data on seed counts, inflows of cases and work stocks mentioned in Article 13 .
d. Balance sheet data including equity and equalization account data as intended in the balance sheet. Articles 17 to 19 .
2 Our Minister and the Council will make further arrangements, in an information protocol, on the information to be provided to finance the financing.
The Council splits the Article 11 The production-related contribution made by our Minister in the following parts:
a. A production-related contribution for the courts;
b. a contribution to the lodging of housing;
c. a contribution to the courts for specific expenditure;
d. Management centrally managed by the Council.
The Council splits the Article 15 The contribution of our Minister for other expenditure in the following parts:
a. A contribution to the courts for other expenditure;
(b) other expenditure to be managed centrally by the Council.
The contribution to be granted by the Council to the court of first instance shall be composed of the following elements:
a. A production-related contribution;
b. A contribution to court costs;
c. A contribution to housing;
d. a contribution to specific expenditure;
e. a contribution to other expenditure.
1 The Council shall determine the production-related contribution to the court by multiplying the local prices in force for the year in question by the number of cases agreed with the court of first instance per product group.
2 The number of cases decided on in paragraph 1 shall be understood as the number of cases to be taken from the general court itself plus the number of cases to be taken as a place of seat for another court, less the number of cases to be taken. the number of cases to be dealt with which are dealt with in a secondary place outside its own jurisdiction.
1 The Council shall adopt local prices.
2 The Council may determine prices for individual courts differently on the basis of the results of the work load measurement and the comparative examinations provided for in the Articles 4 and 5 .
3 The differentiation in prices referred to in paragraph 2 may relate only to factors which cannot affect the courts.
1 The Council shall divide the amount of the Article 10 (b) , the component costs relating to the courts in accordance with the number of civil and administrative matters to be dealt with in the financial year.
2 At the request of the administration of a court of first instance, the Council shall make available additional financial resources in order to finance the expenses of the court in civil and administrative affairs with a view to taking account of the costs incurred by the court.
The Council shall divide the amount of the Article 23 (b) , the housing component referred to in the courts on the basis of estimates of the courts in this respect.
1 The administration of a court may request the Council to grant additional financial resources in respect of specifically defined activities aimed at improving the organisation or operation of the court or at the time of the proceedings; or promotion of legal quality.
2 The request shall in any event be accompanied by:
a. a project plan; and
b. a budget, unless it is not of interest for the calculation of the amount.
3 requests made by the Council shall be borne by the Article 23 (c) , specific expenditure component.
The Council shall divide the amount of the Article 24 (a) -the component other expenditure on the courts on the basis of estimates of the courts in this respect.
The rules to be used by the Council to grant the annual contribution may relate only to the following year:
a. To be achieved where the number of cases is different according to the category of case;
b. With the Articles 25, c, d and e , to achieve the objectives referred to;
c. the realisation of agreements made in labour-term consultation.
The Board of Justice shall be required to cooperate in the measurements and examinations provided for in the Articles 2 to 5 and 7 .
The administration of the court of first instance may Article 28 the contribution to court fees granted to the court in civil and administrative matters shall only be used for these costs.
The Board of Justice shall submit to the Council:
a. the Article 22, first paragraph , said data;
b. the information required by the Council to comply with the agreements reached in the Article 22, second paragraph , to comply with the said information protocol;
(c) information on the numbers and categories of cases to be taken from the courts and numbers and categories of cases to be taken as a place of seat for another court, as well as the numbers and categories of cases which are in a position to be taken. side-to-seat outside the jurisdiction shall be treated.
1 The court of first instance shall have an own funds consisting of an operating reserve, a compulsory reserve and the undistributed result.
2 The operating reserve is intended to compensate for the risks in the course of operations of the general court.
3 The total amount of the operating reserve and the undivided result of the court shall not exceed 5% of the average annual income calculated over the last three years.
4 The own funds of the court shall be minimum of zero.
5 The Council may, in accordance with the provisions of paragraph 3, not make an addition to the jurisdiction of the court in order to strengthen the court's own funds.
6 It is not permissible for the court to accept contributions in the form of a loan from others other than our Minister of Finance. Applications shall be submitted through the Council. Contributions from others always lead to an addition to the exploitation reserve of the court.
7 A positive operating result from the court of first instance shall be to the operator reserve until the limit referred to in the third paragraph is granted. It is added to the Council's ability.
8 A negative operating result of the court shall be borne by the operating reserve. In the exceptional case that this leads to a negative power, this is discharged by the Council and consultations shall take place on the measures to be taken in accordance with Article 38 .
9 For the purpose of providing financial compensation for activities which are not vested in the court in a legislation other than the case-law itself or our Minister, the Board of Justice shall have the assent of the Council.
1 The following to the court Article 26 the production-related contribution granted shall be increased or reduced if the court of first instance has failed more or fewer cases per product group than has been agreed with the Council for that year.
2 The amount of the increase or reduction is determined by multiplying the number of cases per product group, which is more or less reduced by a price equal to 70% of the average of the year in question. the price per product group, which the Council applies to the individual courts.
3 An increase in the production-related contribution provided for in paragraph 2 shall be recognised as a benefit in the State of benefits and expenses and shall be borne by the Article 19 the equalisation account of the case-law. If the case-law is a charge higher than the amount which is based on the Article 19, fifth paragraph , where available, the increase for each individual court shall be a proportion of the amount available in the equalization account to the increases calculated under the second paragraph.
4 A reduction in the production-related contribution referred to in paragraph 2 shall be included in the state of benefit and expense of the court of first instance and shall benefit from the equalisation account of the case-law.
At an imminent operating loss that leads to negative ability for a dish, an operating profit that comes out above the in Article 36, third paragraph Without prejudice to a major change of circumstances with demonstrable effects on production, the Council shall, with the appropriate court, take the measures to be taken and shall, if necessary, apply without prejudice to the provisions of the Article 36, seventh paragraph, second sentence , the agreements reached on production numbers and local prices to.
1 The budgetary arrangements to be applied by the Council, the courts and the services of the Council, with effect from 2005, shall be the income-bearing system.
2 For the Council, the courts and the Council of Ministers, the following shall apply mutatis mutandis:
(a) Chapter 6 of the Office of the Departments of Departmental Budget 1997;
(b) The Loan and Deposit Facilities Regulations 2003, except that the Council is to apply for the benefit of the courts and the services to be submitted to the Council.
For services covered by the Council Article 36 applicable mutatis mutandis.
Court costs in criminal cases to be incurred by the courts shall be charged to the Board of Attorney-General.
1 Our Minister gives the Council every year which other rules must be taken into account in the preparation and establishment of the Council's budget proposal.
2 Our Minister and the Council will make further arrangements in a budgetary protocol on the procedures to be followed in the budget preparation, budget implementation and budgetary accountability.
The Decision financing case-law shall be withdrawn.
1 This Decision shall enter into force from the day following the date of issuance of the Official Journal, in which it is placed and shall operate back to 1 February 2004.
2 On the basis of the financing of the case-law in 2004, the Decision financing case-law applicable.
3 In order to draw up an opening balance sheet as from 1 January 2005, Articles 2 and 3 of the Regulation on the income-charge services of the Council shall apply mutatis mutandis to the Council, the courts and the Council of Ministers.
4 The in Article 17, third paragraph , and Article 36, third paragraph The 5% limit referred to shall be calculated for the year 2006 on the basis of the 2005 benefits. For the year 2007, on the basis of the average annual benefits of 2005 and 2006.
This decision is cited as: Decision financing case-law 2005.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 28 January 2005
Beatrix
The Minister of Justice
,J. P. H. Donner
Issued on the tenth of February 2005The Minister of Justice
J. P. H. Donner
