Judicial Challenges and Reforms in Europe and China: A Dialogue between Utrecht-based Scholars and Shaanxi Court Delegates

A Chinese delegation consisting of five senior judges has expressed their eagerness to learn how European courts tackled internal and external pressure, inter alia, organisational, enforcement and political challenges, and to that end, met Utrecht-based law scholars to discuss about judicial challenges and reforms on 3 June 2019 in Utrecht. The meeting wss co-organised by the Cross Cultural Human Rights Centre.

Mr. PhilipLangbroek, Professor of Justice Administration and Organisation, shared his recent study on the Interplay between Court Administration, Performance Accounting and Judges’ Work. He introduced to the delegation that budgeting and accounting procedures are part of democratic governance. Yet, they need to be scrutinised in the proportion of judicial independence and impartiality. He then explained how detailed the accounting of the court’s performance is and should be, and how that affects the court’s functioning and judges’ work in the Netherlands, Switzerland and Germany. 

Mr. Tom Zwart, Professor of Cross-cultural Law, spoke about Judicial Strategies to Secure Administrative Authorities’ Compliance with Court Decision. He analysed that in a rule of law system, administrative authorities are supposed to abide by court decisions. However, court judgements cannot be enforced without the goodwill of the administrative authorities concerned. He outlined judicial strategies developed in several jurisdictions for ensuring administrative authorities’ compliance, and discussed how they may be useful to China’s administrative courts.

Mr. Jing Chao, a PhD candidate at Utrecht Law School, presented his work on Balancing National Security and Rights Protection: Cases in Europe. He explained that under the European Convention on Human Rights, states can invoke national security considerations to reduce rights protection. He then introduced how the European Court of Human Rights interprets the three-layer test of rights reduction and restriction in the context of national security, and explained what implications may be relevant to China.

Head of the court delegation, Mr. Gong Fuwen, Vice President of High People’s Court of Shaanxi Province, responded to the three discussants and detailed similar challenges faced by the Chinese courts, particularly the delayed court enforcement, heavy workload of judges in handling the increasing financial cases, and challenged judicial authority in administrative cases. Thereafter, the delegates answered questions about the education and training of judicial staff in China, and the application of international trade dispute resolutions in China.