OECD Economic Policy Papers

The OECD Economic Policy Papers series is designed to make available selected studies on structural and macro-economic policy issues of current interest. The Papers are produced in the context of the work carried out on the two regular OECD titles, OECD Economic Outlook and Going for Growth.


Judicial Performance and its Determinants

A Cross-Country Perspective

Well functioning judiciaries are key to economic development. Combining existing information with a newly collected dataset, the paper provides cross-country comparisons of measures of judicial performance, and investigates how cross-country differences in trial length are related to the underlying characteristics of judicial systems. There is a large cross-country variation in trial length across all instances, which appears to be related to the share of the justice budget devoted to computerisation, the systematic production of statistics the active management of the progress of cases, the presence of specialised commercial courts and the managerial responsibilities assigned to the chief judge. Good quality regulation, is associated with lower litigation, which in turn can shorten trial length. Free negotiation of lawyers’ fees also appears to be associated with lower litigation.


Keywords: litigation, appeal rates, institutional characteristics of judicial systems, judicial performance, accessibility, trial length
JEL: K41: Law and Economics / Legal Procedure, the Legal System, and Illegal Behavior / Litigation Process; D02: Microeconomics / General / Institutions: Design, Formation, Operations, and Impact; K40: Law and Economics / Legal Procedure, the Legal System, and Illegal Behavior / Legal Procedure, the Legal System, and Illegal Behavior: General
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