“INTERNATIONAL SYMPOSIUM OF

ECONOMIC CRIME”

The Financial Crisis – Perspectives on Cause and Effects

Santiago Otamendi Judge

Member of the Council of Magistrates of the City of Buenos Aires

Background The Financial Crisis – Perspectives on Cause and

Effects-Abstract- Crisis in Argentina - Effects Argentina's Judicial System Crisis in the judicial system Effects in the Judiciary

The Financial Crisis – Perspectives on Cause and Effects

Abstract

The global financial crisis, affected Argentina's institutions. The Judicial System experienced a significant increase in its caseload. Due to its numerous unsolved problems and the general critical situation, the system was unable to process them efficiently. However, Argentina’s crisis enables its institutions to better withstand the effects of the global crisis.

In this presentation we describe several initiatives Argentina´s applied during the crisis, that can be used as a guideline to combat the effects of the global crisis.

Crisis in Argentina - Effects Inflation Unemployment Poverty Weak institutions Crime-rate increase Litigation increase Political crisis

Disbelief in politics and politicians

Argentina's Judicial System

Argentina is a federal state. Each province and the Federal government has it's own independent judicial system. Argentina has 25 independent judicial systems

The Criminal Code and the Civil Code are common to all jurisdictions.

Provinces dictate their own procedural codes

Crisis in the judicial system Archaic structures

Unmodified since the XVIIIth century Limited use of technology

Unflexible procedures Written Burocratized Emphasis on formality vs. Results

Limited resources Lack of coordination and information exchange with other

government agencies Insufficent training Judges addicted to old practices

Effects in the Judiciary

Lack of confidence in the judicial system

Increase in courts caseload

Decrease of the judicial system

dissuasive effect on crime

Initiatives Argentine Dialogue New role for Judges NGO involvement Open agenda Effected Measures in Argentina FAM initiatives to combat the crisis Judicial System in Buenos Aires City Final Thoughts

Argentine Dialogue Organized by the Government, the Church,

United Nations, Labor Unions, NGO’s and Corporations

Divided by sectors/groups Judicial System Roundtable was one of the most effective

Proposals for Judicial reform Scenarios building

New role for Judges Active involvement with society Effective solutions for the need of

citizens Proactive Close to everyday realities Mediator in social conflicts

NGO’s involvement Uprising of the NGO’s involvement in the

design and implementation of public policies

NGO’s gained the trust of the Judiciary in order to work together to solve the crisis

Active participation in Judge’s selection procedures

Open Agenda Political support for long term policies Spread the civic dialogue in the provinces Exchange of successful experiences Implementation of ADR methods Strengthen transparency to fight

corruption

Effected measures in Argentina

Redesign the structure of courts Strengthening the prosecution services New role of Magistrates Incorporation of new technologies Reduction of paperwork and

bureaucratization Improve reciprocity with other agencies Criminal procedure reform

FAM initiatives to combat the crisis

Litigation techniques and oral advocacy

Case management

Specialized training

Technical assistance to provincial courts to improve efficiency and effectiveness

Resource and experience exchange

Judicial System in Buenos Aires City

New role of Magistrates Incorporation of new technologies Reduction of paperwork and

bureaucratization Courts are audited by International

management Standards to improve the service of justice.

Final thoughts Only through an efficient and independent

judicial system can the crisis be fought The judiciary is the only barrier against the

abuse of power and plays a key role in reestablishing the social equilibrium

This is a constant effort that never ends and must always be improved

Elements for success: access to justice for all and a new role for judges

“INTERNATIONAL SYMPOSIUM OF ECONOMIC CRIME”

The Financial Crisis – Perspectives on Cause and Effects

Santiago Otamendi Judge

Member of the Council of Magistrates of the City of Buenos Aires

Thank you