Observations of the electronic case distribution system during the 2022-2023 year period have shown that refining the rules for electronic case distribution in the common courts is no longer a priority. Changes in the existing rules are becoming increasingly rare, despite the many problematic aspects that civil society has long identified through system monitoring. Specifically, the rule of random case distribution contains numerous exceptions, which leave almost one-third of the cases entering the common courts distributed without adhering to the principle of randomness. The roles of the bodies involved in the system and individuals on administrative positions within the courts, particularly court chairpersons, are neither clear nor easily understandable in this process. This poses a significant threat to the work of individual judges and to the right to a fair trial, given the informal influences present in the system. Lastly, the growing opacity of the court system makes effective monitoring extremely difficult and negatively impacts trust in the judiciary at both local and international levels.

This monitoring report is the forth in line prepared by Social Justice Center and it aims to analyze and assess the changes made to the electronic case distribution rules, updated data, and ongoing challenges within the judicial system within the reporting period from January 1, 2022, to December 31, 2023. The main findings of the report are:

• The standards regarding the public access to information related to case distribution in common courts have deteriorated significantly, making it much harder to effectively monitor the system's functioning;
• The case distribution rules contain numerous ambiguous and problematic provisions regarding the powers of the involved bodies (especially court chairpersons). Despite this, no steps are being taken to address the flaws in the case distribution process; the legislative changes made are mostly technical, non-essential, and fail to address existing challenges;
• The vague regulation of the electronic case distribution system, and the numerous exceptions to the principle of random distribution, do not serve the purpose of minimizing the risks of undue influence on individual judges, especially given the informal influences within the judicial system;
• The new, worsened legislative regulation of judicial transfers and secondment which no longer requires the judge's consent and disregards the principle of random selection within a geographical area, increases the risk of specific cases being assigned or unassigned to certain judges;
• Court chairpersons continue to be appointed by the High Council of Justice, and given the existing clan rule and corporatism, there is a high risk that they will misuse their powers arbitrarily and dishonestly. The granting of such broad powers to chairpersons, which allows for subjective assessments and illegitimate influence on individual judges, remains a problem;
• The regulation that provides for much lower percentages of case distribution for individuals on certain administrative positions within the common courts remains problematic. Furthermore, despite numerous attempts, information on the workload and number of cases handled by some judges on administrative positions remains inaccessible;
• The percentage of case distribution for judges upon appointment, changes of position within the judicial system, or return from leave due to pregnancy, childbirth, or childcare has risen by up to 300%. Despite the High Council of Justice withholding statistical information, such a drastic increase alone demonstrates that the number of cases is growing, and the system struggles to handle it, which increases pressure on individual judges and raises their workload indicators;
• The electronic case distribution system still does not consider the complexity and weight of cases, which is a necessary pre-requisite for ensuring equal and fair workloads for judges.

This publication has been produced with the assistance of the European Union, within the framework of the project "Promoting greater civic awareness and engagement in judicial reforms and facilitating increased access to justice through holistic multi-agency action". Its contents are the sole responsibility of Social Justice Center and do not necessarily reflect the views of the European Union.

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