Argentina - Reform of Justice Project

Report No. PID7140 Project Name Argentina-Reform of Justice Region Latin America Sector Judicial Sector Project ID ARPE55479 Borrower Government of Argentina Executing Agency Judicial Council Contact: Mr. Hugo Mercer Address: 25 de Mayo 340 Third Floor Buenos Aires 1041, Argentina Tel: 54-1-328-3015 Date of this PID November 1998 Appraisal Date March 1999 Board Date November 1998 1. The Government of Argentina is undertaking measures to begin a second generation of reforms. These reforms are geared towards institution building required to reduce poverty, improve governance and solidify credibility and access to international private capital markets. This process includes providing support to the newly established Judicial Council to enhance the independence and governance of the judiciary. The judicial system is an integral part of this program and is considered a priority for Argentina. 2. A recent Judicial Sector Review financed by a Bank IDF Grant identified the following areas as a priority for reform: court administration, legal education, judicial training, alternative dispute resolution mechanisms, access to justice and legal reform. The Judicial Sector Review was completed in August 1994, and the final conclusions and main findings were discussed during a conference. The Conference concluded that the areas identified in the Report were indeed the priority areas for reform. 3. The loan would assist the government in strengthening the Judicial Council. This Council will assist in improving the judicial system which is required for economic development and public confidence in laws and their enforcement. This loan is substantively consistent with the CAS in that it deals with judicial reform supporting public sector reform and improvements in governance. 4. Project Objectives. The project aims to facilitate the implementation of the Judicial Council which has the following main objectives: improving efficiency and transparency in the judicial process; and improving the consistency and quality of judicial decisions. Below are listed the specific objectives of the project, as well as its key outcome and impact indicators. 5. Project Description. The project would finance consulting services, training, equipment and office renovation through four components: (i) Institutional Strengthening of the Judicial Council; (ii) Judicial School; (iii) Recruitment, Selection and Promotion of Judges; (iv) Judicial Discipline and (v) Research and Dissemination. Project preparations and implementation  would include a participatory process with major stakeholders. 6. Project Financing. The total project cost is currently estimated at approximately US$12 million. A Bank loan of US$10 million is proposed. 7. Project Implementation. The Borrower would be the Government of Argentina. All components would be managed by the Judicial Council. 8. Project Sustainability. The following activities are directly aimed at providing project-driven improvement: the Judicial Council consists of twenty members from all branches of government and the legal community and it is the Council which would guide the project; and the project would assist in the developing and implementing the Council's internal norms and procedures. 9. Lessons Learned from Previous Bank Experience. The Bank has relatively limited experience in the area of legal and judicial reform. There have been, however, several legal and judicial reform initiatives in countries including Venezuela, Bolivia, China, Ecuador, the Russian Federation, Guatemala and West Bank/Gaza. The lessons learned from these projects have underscored the importance of ownership and commitment at the highest level of government and of counterpart commitment. 10. The preparation of the Bolivia project demonstrated the importance of consensus building within the judiciary, whereas that of the Ecuador project showed the importance of consensus building within the judicial and executive branches. Recent Bank experience generally suggests that the following are pre-requisites for project success: (i) sound implementation arrangements that are fully agreed to by all counterparts; (ii) establishment of a clear set of priorities among the various reform objectives; and (iii) avoidance of over- ambitious and unattainable goals. 11. Environmental Assessment. The project does not have explicit environmental components or effects and has therefore been classified as Category C. 12. Program Objective Categories. The judiciary is essential for the enforcement of laws and assurance of accountability of other branches of government. The quality of governance is directly affected by the judiciary's performance. Thus, strengthening the Judicial Council would contribute to institution building in the judiciary. Contact Point: The InfoShop The World Bank 1818 H Street, N.W. Washington, D.C. 20433 Telephone No. (202)458 5454 Fax No. (202) 522 1500 Note: This is information on an evolving project. Certain activities and/or components may not be included in the final project. Processed by the InfoShop week ending December 11, 1998. - 2 -