The case law is paid per case. The Minister of Justice and Security pays a certain amount for each judgment handed down by a judge. So the more judgments the judges produce, the more money the Judiciary gets, and vice versa. How much money is awarded for a judgment depends on the type of case. The Judiciary receives a different amount for a judgment in a criminal case than for a foreigner case. The Council for the Judiciary negotiates with the Ministry every three years about how many cases can be expected. The Council and the minister will make an appointment about this. A budget is allocated based on this. The Council then distributes this money among the courts. As the cumulative expenditure because of the below mentioned judiciary expenses are quite high, the Lawsuit funding company can be a good option there for the parties in dispute.
Does the Judiciary get more money from the minister for cases that are dealt with by three judges?
No, it is not important in the price agreements with the minister whether a case is dealt with singly (by 1 judge) or multiple (by 3 judges). That distinction only occurs when the Council starts to divide the budget between the courts. For a court case that 3 judges are considering, a court receives more money than for a case that is judged by 1 judge. Multiple rooms generally handle heavier things. They cost more time, so more money is available for that.
Who determines whether a case is dealt with by 1 or more judges?
The court decides whether a case is dealt with singly or multiply. For example, if a case is legally complicated, that may be a reason to look at it with 3 judges. Sometimes judges decide to refer a case that was planned for the single room to the multiple room , which can spend more time on it.
Does that mean that judges are cheating to get more money?
As far as we know, such a referral is not motivated by the need for more money, but by a real amount of time to be able to make careful statements. Moreover, it is not the case that the Judiciary as a whole gets more money if more cases go to the multiple chamber . The Council distributes the available money among the courts and tribunals. If one court needs more, less is left for the others. The total budget remains the same.
Why does the financing need to change?
The case law has long been advocating a different way of financing, because the compensation per case offers little room for innovation or modernization. See also the reaction of the Judiciary to the letter from the minister on this subject. Judges rightly conclude that the financial position of the Judiciary is under pressure. Adequate funding is required to guarantee the independence of the Judiciary. It is important that the court has time for a court case and can deliver quality.
