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German Working Papers in Law and Economics
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Volume 2011

AUTHOR:
Nora El-Bialy

TITLE:
Measuring Judicial Performance (The Case of Egypt)

SUGGESTED CITATION:
Nora El-Bialy (2011) "Measuring Judicial Performance (The Case of Egypt)", German Working Papers in Law and Economics: Vol. 2011: Article 14.
http://www.bepress.com/gwp/default/vol2011/iss1/art14


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ABSTRACT:

Empirical studies on court delay and judicial performance mostly use the total number of judicial staff members and total caseload per court as explanatory variables or inputs to explain court output. Available results however are to a great extent mixed and hence inconclusive, calling for more research in this field. This paper contributes to the existing literature on court performance by providing the first empirical study on court performance in Egypt, mainly focusing on First Instance Courts (FICs) and their corresponding Family Courts. Our preliminary results show that on the one hand the total number of judges, as well as caseload in general has a significant positive impact on court performance. On the other hand, we provide a deeper analysis compared to the previous studies by differentiating between two types of judges (superior versus beginners) and three types of filed cases (civil, criminal and family cases) and using a stochastic frontier analysis (SFA) to identify the determinants of court inefficiency. We find that only superior level judges significantly increase the productivity of FICs, while young, newcomer judges do not. In addition, the 2007 Egyptian judicial reform and larger amounts of criminal case load tend to reduce court inefficiency, while more civil and family caseloads and the distance of a court from the capital city Cairo do not influence court inefficiency. Moreover, our results show that depending on resolution rates as a sole indicator for measuring court performance might be misleading, as it does not account for the input factors involved in the case resolution process.




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