STRATEGIC PLAN

STRATEGIC PLAN 2014 – 2020 1 CONTENTS 3 Preface 4 Societal mission 5 Goals 6 Strategy areas 6 A. Case growth and complexity 7 B. Challen...
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STRATEGIC PLAN 2014 – 2020

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CONTENTS 3

Preface

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Societal mission

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Goals

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Strategy areas

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A. Case growth and complexity

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B. Challenges related to how the law ought to develop 7

C. Digital renewal

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D. Quality and competence development 8

E. Media and transparency

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F. The Norwegian Courts Administration’s activities

Bård Tønder Chair of the Board

Sven Marius Urke Director

PREFACE The Norwegian Courts Administration (NCA) has turned 10, and its third strategic plan is being presented. NCA’s first strategic plan, for the 2005-2008 period, was characterised by NCA being an organisation in its start-up phase that needed to establish itself and find its place, while at the same time continuing the tasks and functions it had taken over from the Ministry of Justice and Public Security. In the 2009-2013 plan period, NCA’s societal mission was on the agenda in the form of four roles: service, development, discussions about how the law ought to develop and governance. The roles have been reformulated and continued in the new strategic plan. The strategic plan for the 2014-2020 period focuses on the areas that are most important to the development of the Norwegian courts. These areas build on trends in the courts and society generally, and on altered and new needs among court users. The target groups for the plan are the courts and their employees, NCA management and employees, the public administration and the public at large. The strategic plan shows the areas that NCA will emphasise in the coming years, and points to important strategic choices and directions for NCA’s future work. We also hope that interested parties and court users will find relevant information in the strategic plan regarding the development of the courts and NCA. The goal for the strategic plan (2014-2020) is to provide a more overarching plan that more clearly indicates our priorities and that has a simpler structure and fewer strategies. We want to anchor the plan in the courts and within NCA, and have therefore emphasised broad participation and a good framework for the planning process. In the implementation of the strategic plan, the concrete priorities will primarily be expressed in our operational planning. The operational plans will be aligned with the resources the Parliament makes available to the courts and NCA. The realisation of the strategic plan will require increased resources for the courts and NCA. It will be crucial to make sure that funding authorities understand this. The work on increasing the courts’ resources has high priority. Implementation of the strategic plan will also require a continuous evaluation of how existing resources are used, and the realisation of savings when these are achieved through investments and by making work routines more efficient, for example by introducing new technology. The strategic plan shows how NCA plans to implement its societal mission in the coming years. We hope that many people will use the opportunity to familiarise themselves with the strategic plan and that it can inspire and contribute to action that leads to valuable results. Trondheim, January 2014

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SOCIETAL MISSION The Norwegian Courts Administration (NCA) is responsible for the central administration of the ordinary courts, the land consolidation courts, Finnmark Commission and Uncultivated Land Tribunal for Finnmark. NCA is a body with an especially independent and autonomous position. The Minister of Justice and Public Security is nevertheless constitutionally and legislatively responsible for NCA to the Parliament. The cooperation between the Parliament, Government, the Ministry of Justice and Public Safety and NCA is based in statutory framework conditions that are detailed in Proposition no. 44 (2000-2001) to the Odelsting, About the Act relating to changes in the Act relating to the Courts of Justice etc. (the central Norwegian courts administration and the judges’ legal employment situation) and Recommendation to the Odelsting no. 103 (2000-2001). In its work, the Norwegian Courts Administration is to safeguard and support the independence of the courts and judges in their judicial function. NCA’s work shall contribute to the promotion of the rule of law, and its tasks must be performed in a manner that supports and strengthens the confidence the courts enjoy in society. NCA’s work shall be characterised by the values of quality, integrity, respect, service, transparency and efficiency. The statutory framework indicates four roles that in combination describe NCA’s societal mission.

The service role

The development role

NCA shall provide services that support the courts in their adjudicative and non-adjudicative activities. The services shall be further developed in close collaboration with the courts and contribute to strengthening the courts’ ability to deliver high-quality services to their users. NCA shall assist court users and others who need information and knowledge about the activities of the courts and the NCA.

Through continuous improvements of working methods and systems and by making these more efficient, NCA shall ensure that the operations of the courts and NCA are robust and stable. NCA shall be a driving force for measures that improve quality and competence. In order to be at the forefront and to be able to mobilise resources to solve new needs, NCA shall gather future-oriented knowledge about societal and technological developments.

The role related to discussions of how the law ought to develop NCA shall use appropriate channels and partners to be a clear driving force and premise provider in discussions of how the law ought to develop that relate to the courts’ work and organisation. NCA shall identify needs, study issues and make proposals, influence decisions and facilitate the courts of tomorrow. NCA shall build competence and experience in regulatory work and establish systems to acquire knowledge about needs.

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The governance role The governance role is clearest in the allocation of resources through the granting authority, in the monitoring of the fulfilment of agreed-upon goals set by the Parliament for the courts, and in the design and operation of joint solutions in the service areas. The governance of the courts must take place within the limits that follow from the independence of the courts and judges in their adjudicative role. NCA’s ordinary employer function should be clarified.

GOALS The goals make concrete NCA’s societal mission and are based on the courts’ theoretical foundation and values.

NCA shall work for: • the courts’ special and independent function in exercising judicial power in society being highlighted and valued • the safeguarding of society’s requirements for and expectations of the courts and for the achievement of the case processing times set by the Parliament • the courts and NCA being in line with international developments with regard to independence, efficiency and quality • the courts and NCA being allocated the operational and developmental resources necessary to fulfil national and international requirements and standards • the courts’ external structure and internal organisation facilitating good recruitment, quality, efficiency, accessibility and reduced vulnerability • the courts and NCA being able to offer good working and salary terms so that they can recruit and retain excellent employees • the courts and NCA giving high priority to a systematic competence development for the employees • the courts and NCA meeting their users with transparency and professionalism • an increased focus on security in the courts and the adaptation of this focus to changing threats, while simultaneously ensuring that new measures are balanced against the principle of accessibility for the users • well-functioning and timely technological solutions being available to the courts and court users • the courts and other central interested parties being given the opportunity to actively participate in important development and decision-making processes in NCA.

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STRATEGY AREAS The strategies are developed on the basis of the societal developments expected during the plan period and are to ensure that the goals are reached.

A. Case growth and complexity

Strategies:

Several developments indicate that the number of cases in Norwegian courts will grow and that the cases will become more complex and resource-intensive. This means that it will be challenging to maintain the quality and efficiency requirements during the plan period.

A1.

NCA shall work to ensure that the economic resources for staffing, premises and modern equipment in the courts are in line with increases in the number and complexity of cases.

Statistics Norway expects the Norwegian population to increase by one million inhabitants, or in other words by 20 per cent, by 2030. The growth will to a large extent be concentrated in Oslo, Stavanger and Bergen. The anticipated population growth will primarily occur through immigration. Experience shows that population increases mean more cases for the courts and larger courts in the areas under pressure.

A2.

NCA shall work to ensure that the courts to a greater extent can focus on their judicial function in that the administration of justice at the basic level is reorganised in a manner that makes it possible to transfer some administrative tasks to others.

A3.

NCA shall take the initiative to larger procedural reforms in the courts that can contribute to more cases being processed without a corresponding increase in resource-use.

A4.

A more rights-based legal framework, more international law and a more international judiciary will likely also entail more, and more complex, cases for the Norwegian courts.

NCA shall work for courts of a size that makes it possible to have a moderate specialisation and good conditions for competence and quality development, and to reduce vulnerability.

A5.

For the land consolidation courts, a general growth in the number of cases is expected based on an increased focus on the use of fixed property and an increased pressure in the real estate market.

NCA shall be a driving force in prioritising economic resources for securing the testimonies of parties and witnesses.

A6.

NCA will contribute to good-quality and accessible interpretation services in the courts.

A further internationalisation of the business sector and an increase in international crime will entail more complex civil and criminal cases in the courts. The parties, the accused and the witnesses in such cases will often be from abroad. This places special demands on the courts and over time it must be expected that courts will see significant increases in interpretation costs.

Increased access to resources in other parts of the legal system, for example in the police, will also put pressure on the courts. A balanced resource allocation must therefore be maintained. The growth in the number of cases and in case complexity means that it is important to secure the testimonies of the parties and witnesses in an effective manner. This can be done through recording such testimony in accordance with the intentions in section 13-7 of the Dispute Act.

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B. Challenges related to how the law ought to develop

Strategies:

Through its role in normative discussions of what the law ought to be, NCA is expected to be able to predict and influence changes in the framework conditions that the courts and NCA face. In this context, NCA’s focus must be on safeguarding and further developing the courts’ special and independent position as the executor of judicial power in society, and safeguard its own ability to perform its societal mission in the best way possible.

B1.

NCA shall be a visible and independent premise provider in relation to the Parliament, Government and other interested parties in all cases related to the framework conditions for the activities of the courts and NCA.

B2.

Amendments to central statutes that will draw up new frameworks for NCAs societal mission and area of authority are expected in the plan period. In particular, the work on a more extensive revision of the Courts of Justice Act may become an arena for assessments of the framework for NCA’s work and independence.

NCA shall be a driving force and premise provider in the work on revising the Courts of Justice Act, with a special focus on a further specification of NCA’s position and function.

B3.

To further develop the independence of the courts and NCA, NCA shall take the initiative to a study of alternative granting and budgeting processes for the courts and NCA.

Population growth, changes in settlement patterns, new technology and requirements regarding cost efficiencies may provide a basis for an evaluation of the court structure during the plan period.

B4.

NCA shall be a driving force and premise provider in the work for a rational court structure.

Norway has been reluctant to establish courts of special jurisdiction and the ordinary courts have been prioritised as society’s dispute resolvers. However, recently it has been argued that courts of special jurisdiction should be established in several areas, and this is a debate that must be expected to continue in the plan period.

B5.

NCA shall be a driving force and premise provider in the work on a modern process legislation that safeguards considerations related to technological developments.

B6.

NCA shall work to ensure that judicial functions to the greatest extent possible take place within the ordinary courts and the land consolidation courts.

C. Digital renewal

Strategies:

The courts must live up to society’s expectations to digital working methods and services in the encounter with public agencies. The goal is for this to result in better services and more efficient resource-use.

C1.

NCA shall work to make the courts’ working methods by renewing the courts’ case processing systems and other tools more efficient.

Digital renewal will affect working methods, services and associated regulations. This will entail new requirements regarding the competence and adaptability of managers and employees.

C2.

NCA shall facilitate a fully electronic case processing in that the courts move from paper-based communication to electronic communication with other actors.

C3.

NCA shall further develop new services that create added value for the courts and court users in line with the technological developments in society.

D. Quality and competence development Competent employees at all levels is the best starting point for quality in the legal decisions. Employees have increasing levels of basic competencies, and will to a greater extent expect new ways of working, independence and professional development. The management functions in the courts are very significant. Experience suggests that there is a need for increased professionalisation of management. Not least, this applies to skills related to change management and managers as driving forces for the development of employees and functions using ICT and other support systems.

Strategies: D1. NCA shall facilitate qualitative development work in the courts. D2.

NCA shall enable the right competencies among its employees based on the needs of the courts and of the employees themselves.

D3.

NCA shall facilitate the professionalisation of management.

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E. Media and transparency Relevant and transparent information is a basic premise for trust and legitimacy, and is a requirement for influence in the dialogue with interested parties. Openness in relation to the media and extensive opportunities for access are expected.

Strategies: E1. NCA shall contribute to the dissemination of knowledge about the courts’ work and about public access in the administration of justice. E2. NCA shall contribute to court employees being prepared in their encounters with media and the public.

Media is increasingly focused on persons in important functions. This means that judges and chief judges become public figures. There is growing demand from media and the public about information about the work of the courts.

F. The Norwegian Courts Administration’s activities The execution of NCA’s societal mission and the implementation of the strategies in the strategic plan require a well-functioning organisation in all areas. In this context, NCA management and employees will be the most important input factors.

Strategies: F1. NCA shall be a good workplace that attracts and retains engaged employees with relevant competencies and excellent professional skills. F2.

NCA’s organisation shall be well-functioning, flexible and effective, and be characterised by an open culture with shared values, interdisciplinarity and collaboration.

F3.

NCA shall use fact-based knowledge and analyses to highlight utility and gains, and ensure that funding authorities are well aware of and understand the needs of the courts.

The service role is of central significance in NCA’s work. This must also be viewed in light of the development role that to a great extent involves improvements of NCA’s services to the courts and court users. Increased resources are an important prerequisite for the operation of the courts, both in the short term and in the long term. Increasing numbers of cases and greater case complexity will require greater case completion capacity in the courts. The necessary resources for operations and investments in case processing solutions, equipment and digital renewal will create a need for increased funds for these types of purposes. There will also be expectations that investments in the longer term result in gains that can help finance parts of the resource needs in the courts. The identification of possible gains and the realisation of these will be central to the work on informing about and creating an understanding of the courts’ work and needs.

VISITING ADDRESS MAILING ADDRESS TEL FAX EMAIL INTERNET

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Dronningensgate 2, 7011 Trondheim Postbox 5678 Sluppen, N- 7485 Trondheim +47 73 56 70 00 +47 73 56 70 01 [email protected] www.domstol.no