Questions/Answers

We are well aware of the criticism of the Justice System due to its lack of openness towards the Society; citizens usually perceive the Judiciary and court system as inefficient and unreliable institutions. The judicial organization generally responds to more to external impulses rather than to the achievement of previously identified objectives. To address this challenge, the Superior Court of Justice of Murcia (TSJ) has put in place a unique initiative: The Strategic Agenda (SA) 2015 – 2020. This SA is based on Corporate Social Responsibility (CSR) principles applied to its Government's actions. In order to ensure the viability and continuity of this project a collaborative partnership with the Chair of CSR-University of Murcia has been settled. The University provides the know-how endorsing excellence in management, evaluation and measuring of results. The SA is founded upon a participatory process, which allows to know the stakeholders’ demands. These verified needs are translated into projects which are planned annually and are incorporated in Annual Operative Plans (AOP). Up to now more than 200 actions have taken place impacting thousands of people. In order to measure the results, the University has provided a simple tool, easily understanding and accessible through the Superior Court Website. This accountability has allowed to rely on the stakeholders’ feedback, improving the decision-making process. TSJ experts have transferred the knowledge with the Serbian Prosecutorial Council and the Turkish Ministry of Justice. Due its uniqueness on applying “Open Justice” principles, this initiative has been presented in international forums. The real goal is to get citizens´ involvement on judiciary government's actions, evaluating and collaborating on its policies. This project aspires to gain public confidence in Justice System, showing the judiciary as a public service improving citizens’ lives. In addition, this initiative represents a policy framework which allows actions and approaches SDGs oriented.

This innovative experience applies strategic planning and project management techniques to the TSJ´s policy framework, including CSR principles. The SA relies on the following open government five pillars: a) Towards an Open Judiciary: accountable, transparent and inclusive manner. b) A new Justice geared towards the Society, legal practitioners and user-oriented (in particular in relation to vulnerable groups) c) Innovation, modernization and organizational excellence. Promoting networking d) Promotion of the legal certainty and security on the judicial response; (efficacy); e) Promotion and integration of leadership and management tools (leadership & co-responsibility). http://www.poderjudicial.es/stfls/CGPJ/SECRETARÍA%20GENERAL/ACUERDOS%20DE%20LA%20COMISIÓN%20PERMANENTE/FICHERO/20160713%20TSJMU_Planificación%20Estratégica_AE20%20y%20POA16%20v%202.0.pdf

The following SDGs have been developed under the SA at regional level: SDG 16. Targets 6 and 7. The CSR approach has given legitimacy to the TSJ´s action amongst stakeholders. Citizens and vulnerable groups have been involved with TSJ´s policy framework. Legitimacy is a key factor for promoting public confidence towards the Judiciary. Target 10. One of the main objectives of the SA is to promote information, transparency and accountability. Annually, the TSJ publishes its operational plans and accountability reports. SDG 17. Strategic partnership TSJ-Chair of CSR University of Murcia. This alliance has a multiplier effect since the University is a crucial vehicle for further collaboration with NGOs, public administrations (such as municipal councils), private sector, among others. In addition, the support provided to other countries (i.e. Serbian Prosecutorial Council) generates new synergies and exchange of knowledge. The stakeholders´ involvement is the base of this initiative. SDG 5. Combating violence against women & protection to victims and their children. Sex-disaggregated data and indicators are essential for promoting round-table discussions and dialogue. SDG 10. Improving better access to Justice for disabled persons is a specific SA´s line of intervention. Associations of disabled people participate in the definition of our action plans.

The initiative responds to the needs expressed by citizens (in particular, vulnerable groups) users of justice services and legal professionals, promoting their better access to Justice. This fact contributes to reduce social conflict encouraging social cohesion and inclusive societies. The attention paid to internal stakeholders has contributed to improve work environment and to reduce conflict-ridden situations. Better efficient TSJ management contributes to a better sustainable use of scarce resources in the economy. In addition, many of the SA sub-projects are linked to mitigating climate change and promote environmental sustainability (i.e. minimizing of hard copies, approximately 75% of reduction).

The governance system adopted by the TSJ implies a paradigm shift in the Spanish Justice landscape. The current trends towards Open Government, already applied to the areas of executive and legislative powers, can and should also be transposed mutatis mutandis to the scope of the Judicial Branch. The TSJ has genuinely addressed this challenge through strategic planning that evaluated and accountable. This first objective of SA towards an Open Judiciary: accountable, transparent and inclusive manner. Three main areas of business are related to this pillar: transparency: increasing transparency in the management; public participation: citizens and stakeholders’ involvement and accountability: commitment to the objectives set and accountability for the achievement of results. The second objective of the SA is to orient the activity of the TSJ towards a new Justice geared towards the Society, legal practitioners and user-oriented. This pillar covers all the lines of action to improve the user-oriented policy and the implementation of the Spanish Charter of Rights before the Justice. The participation of the stakeholders in the decisions of the TSJ allows a more and efficient response that improves the provision of the justice public service.

The gender-based violence represents the greatest and clearest of inequality between men and women. Bearing this in mind, the SA provides customized lines of action for prevention, coordination and attention to victims of violence. These projects are implemented by specialized courts on domestic violence working hand in hand with the Department of Equality, Women, LGTBI, Family and Social Welfare of the Regional Government (ie. Interinstitutional coordination protocol to fight gender-based violence https://www.carm.es/web/pagina?IDCONTENIDO=17796&IDTIPO=11&RASTRO=c1755$m25440) A specific project is developing in order to avoid any inequality for victims of violence when they go to courts.

This initiative is addressed to all citizens of the Region of Murcia. The relational approach of CSR allows to identify successful the various stakeholders and sectorial interest groups. This is done prioritizing and selecting the most relevant themes to be integrated within the respective AOP. The aim is to maximize results among thousands of litigants and justice users. A proper functioning of Justice system provokes a positive socio-economic impact, facilitating a sustainable development for all citizens. TSJ pays particular attention to vulnerable groups since their involvement when designing SA has been ensured. This participation is set up through different target groups: Spanish Committee of Disabled People's Representatives (CERMI); European Anti-Poverty Network (EAPN) (ie. Social exclusion and access to Justice http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Tribunales-Superiores-de-Justicia/TSJ-Region-de-Murcia/En-Portada/Jornadas-de-Acceso-a-la-Justicia-y-Exclusion-Social); Fundown (https://www.fundown.org/) or PAH (Spanish grassroots organization that takes direct action to stop evictions and campaigns for housing rights). In addition, TSJ has promoted the project “Educating for Justice” in collaboration with the Department of Education of the Regional Government, which reaches over 4000 young students every year (ages 10–18). This programme promotes the Culture of Peace and the significance of value of Justice within Rule of Law.

SA has been undertaken with the leadership of the regional governing judiciary chamber and the full engagement of the main stakeholders. Steps: 1. First designing. A steering committee was put in place for the following: a) reflecting about the strategic environment within the Region of Murcia; b) leading future interventions avoiding erratic, intuitive or unpredictable actions; c) selecting the broad areas of action for the next five years (2014). 2. Information. Information process about the SA and promotion of future stakeholders´ participation (2014). 3. Public consultation. Setting up of dialogue roundtables, working groups, focus groups and distribution of questionnaires (2015). 4. Strategic Axes definition. Axes definition and lines of action for the SA (2015). 5. Presentation and publication of SA (2015) See http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Tribunales-Superiores-de-Justicia/TSJ-Region-de-Murcia/Actividad-del-TSJ-Region-de-Murcia/Otros-documentos/Otros-documentos-de-interes/Agenda-Estrategica-2015-2020---Plan-Operativo-Anual-2015-2016---TSJ-Region-de-Murcia. 6. Annual Operational Plans (OAP). Each year, from 2016 to 2019, a new consultation process with stakeholders is undertaken for selecting new projects and actions for the current year. Every project and action is drafted taking into account stakeholders´ demands. As an example (2017), see: http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Tribunales-Superiores-de-Justicia/TSJ-Region-de-Murcia/Actividad-del-TSJ-Region-de-Murcia/Otros-documentos/Otros-documentos-de-interes/Plan-Operativo-Anual-2017---TSJ-de-la-Region-de-Murcia 7. Designation of coordinators. From 2016 an internal coordinator is appointed for each project or working group. This coordinator is responsible for the accountability to the steering committee (quarterly). 8. Evaluation. At the end of each implementation OAP period, an overall evaluation is done. This assessment takes into account the different benchmarks, degree of implementation and the rate of compliance of the different projects and actions (annually). As an example (2017), see: http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Tribunales-Superiores-de-Justicia/TSJ-Region-de-Murcia/Actividad-del-TSJ-Region-de-Murcia/Otros-documentos/Otros-documentos-de-interes/Informe-de-rendicion-de-cuentas--Plan-Operativo-Anual-2017---TSJ-Region-de-Murcia 9. Results. Following the transparence principle, evaluations and outcomes are presented and publish on an accessible and friendly manner for all the citizens (see http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Tribunales-Superiores-de-Justicia/TSJ-Region-de-Murcia/Actividad-del-TSJ-Region-de-Murcia/Memoria-Judicial/). The previous results guide the topics to be dealt during the following OAP. SA has been undertaken with the leadership of the regional governing judiciary chamber and the full engagement of the main stakeholders.

The constraints are linked to the following obstacles: resistance to change towards a new organizational concept; difficulties to promote collaborative and participative models; excessive bureaucracy of proceedings; constraints for customizing the Webpage or difficulties for reconciling opposing stakeholders. These obstacles have been overcome promoting the following strategies - Full cooperation and engagement of Chair of CSR-University of Murcia - Staff motivation - Moral leadership of the Steering Committee - Promotion of an active stakeholders´ involvement when identifying new projects - Communication plan: press releases, presentations…

Innovation in the Spanish context: - First Spanish Superior Court adopting an organizational and management model based on SCR & Open Government; - Sole Superior Court of Justice supported by strategic tool (SA) for leading its judiciary government action; - For first time, a public consultation and a dialogue process with citizens & stakeholders have been put in place in this context; - Sole Judiciary experience on results evaluation and measure of through objective indicators; - For first time, full transparency has been provided to results; - Innovative project building strategic alliances (TSJ - Chair of CSR-University of Murcia).

Parts of the experience have been transferred to other countries (see point 7 a). Since the initiative is going to be presented at national level, it is expected to be adopted by other regional Spanish Superior Court of Justice.

The methodology and know-how of the SA have been shared with other countries in the framework of international cooperation projects. These projects have been managed by the Spanish “International and Ibero-American Foundation for Administration and Public Policies” (FIIAPP, see letter of support) Particularly, the knowledge transfer has taken place in relation to strategic planning and accountability. Two other public entities have received the know-how: 1) Serbian Prosecutorial Council (Twinning project Twinning “Strengthening Capacities of the High Judicial Council and the State Prosecutorial Council”, SR 13 IB JH 03). More information at: https://www.fiiapp.org/en/noticias/serbia-mejora-las-capacidades-del-consejo-superior-del-poder-judicial-y-de-la-fiscalia/ https://europa.rs/strengthening-capacity-of-high-judicial-and-state-prosecutorial-councils-cornerstone-of-efficient-judiciary/?lang=en 2) Turkish Ministry of Justice (Twinning Project “Improved Capacity of Civil Enforcement Offices”, TR 14 IPA JH 09 17). More information at: http://www.etkinicratwinningproje.org/

Although it has already been assumed, no doubt SA is a necessary first step, a perfectly replicable model. It represents a common reference framework providing road map guiding the work of the Judiciary in order to materialize the SDGs. The Judiciary and Judicial System in general must be one of the main actors of the A2030. On one hand, it´s the axis of Objective 16; and, on the other, it is present in the remainder. A debt, family conflict, gender-based violence, the environmental protection, avoiding corruption, fighting crime ... are just some examples in which judicial systems have a crucial role.

The initiative has been carried out using existing budget and human resources. Spanish Ministry of Justice affords the running costs of premises, wages, salaries and similar expenses. Spanish General Council for the Judiciary provides technical support and webpage: http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Tribunales-Superiores-de-Justicia/TSJ-Region-de-Murcia/Portal-de-Transparencia/. Chair of CSR-University of Murcia relies on its own budget. In relation to the transfer of know-how, the Spanish “International and Ibero-American Foundation for Administration and Public Policies” (FIIAPP) relies on two European twinning concerned projects. No additional budget has been needed.

Although the SA has taken advantage of the current budget and pre-existing human resources, the organizational chart of the TSJ has been adapted to devote 50% of its management staff to the design, implementation and evaluation of the SA. In addition, many of the working groups are developed with the voluntary and unpaid participation of stakeholders and civil servants of regional tribunals and courts services. This makes it financially and institutionally sustainable over time. The positive impact generated by the implementation of the SA during the period 2015-2019 has proven the strength and viability of the initiative.

Oui

OAPs are evaluated at internal and external level. 1. Following the pre-set schedule, a TSJ team regularly inform on implementation and the rate of compliance. 2. Once it is finished a implementation period, a TSJ team evaluates taking into account each performance indicator. 3. Later, a University of Murcia CSR team of researchers makes an external evaluation. These experts analyze the previous evaluation and data. Bearing in mind this, this team provides new assessment and proposes improvement in relation to the evaluation procedure. 4. Finally, an annual survey is distributed among the stakeholders by means of an online questionnaire.

1. Quantitative & qualitative indicators are used. This information is complemented with benchmarks of implementation and rate of compliance of the different actions. The results of compliance and execution are displayed in different colors in order to facilitate the information at first glance. 2. On-line questionnaires are implemented for measuring the activities. 3. In order to extend the accountability, the data and results of the “Attention Office to Citizens” are published. This is a transparent way of showing the level of complaints lodged by stakeholders and citizens in relation to the Charter of Citizens' Right to Justice (https://sedejudicial.justicia.es/sje/publico/sjepublico/conozca_sede/carta_derechos_ciudadano/!ut/p/a0/04_Sj9CPykssy0xPLMnMz0vMAfGjzOLdLVyMPPy9DbwM3IJMDBy9_dyMXU1MDAwMzPQLsh0VAWXUSfg!/#)

The first actions implemented under OAP 2016 revealed some degree of resistance inside and outside the TSJ. The stakeholders showed distrust and ignorance towards the invitation to participate in the definition of priorities and in the implementation of the projects. The personnel of the TSJ, courts and tribunals also expressed reservations over the methodology proposed to them. The impacts were more limited during the first two OAPs (2016 and 2017). However, year after year, this situation has been improved provoking more engagement. Stakeholder groups have progressively joined in the identification of priorities and in the execution of projects. Relations with legal practitioners have improved markedly, establishing fluid communication in both directions. Although slowly, there is a change in the organizational culture of the TSJ itself. The evaluation and accountability have been done on time, although we must improve the Website and present the results in a more open, friendly and accessible way for citizens. The planned evaluation process allows permanent feedback on the results of the initiative. This information is used by the TSJ to guide timely changes in a process of continuous improvement.

One of the SA´s priorities is the development of mechanisms for participation and collaboration of citizens, professionals and interest groups in the design and execution of TSJ projects. Along these aims, the "Dialogues" Program has been developed to promote the institutional contact between the TSJ and its stakeholders; sectoral and/or thematic working groups; promotion of citizens participation in Justice through alternative conflict resolution mechanisms (in particular court-based mediation experiences); and engagement of TSJ´s staff. To promote the immersion of the TSJ in its institutional landscape, frequent contacts have been designed and performed with the regional legislative and executive powers, to which the Annual Report of the TSJ activity (carried out from a CSR approach) is presented annually. Projects have been designed and carried through with city councils (courts of peace and community mediation). https://www.fmrm.es/images/articulos/NotasPrensa/NPJuecesdePaz.pdf. Finally, a successful experience has been the acceptance by the institutions and socio-economic actors of the Region of the TSJ proposal for a “Regional Pact for Justice” (https://participa.carm.es/web/participa/listado-procesos/proceso?item=134). The objective is to provoke political reflection allowing the inclusion of the needs of local Justice in the social and political regional agenda.

This initiative consists on SA for developing CSR of the TSJ in compliance with SDGs. To ensure this a bilateral agreement has been signed between the Spanish General Council for the Judiciary (CGPJ) and the University of Murcia (Chair of CSR). University of Murcia participates in the design, implementation, evaluation and publicity of this initiative. This collaboration is multiplied thanks to participation of enterprises, city councils, NGOs and university networks linked the Chair of CSR. SA is based on participatory dialogue and decision-making processes involving all stakeholders. The channels are dialogue roundtables, working groups, focus groups... In addition, an online questionnaire is distributed among the stakeholders. The purpose is to get new projects for the next year. At the same time, respondents are also asked to inform about their viability to take part in future proposed projects. Therefore, stakeholders play a real and active role on designing, implementing, evaluating and proposing improvements. The most vulnerable groups are involved through their respective associations. They are invited to propose customized solutions designed by them. For instance, the Spanish Committee of Disabled People's Representatives (CERMI) is currently participating on dialogue roundtables and has presented a specific report for adapting courthouses to their needs.

A quality public service is assured only if the organization bears in mind the citizens to whom it is addressed. This initiative is only possible relying on a smart organization, sensitive to the people who work within it and attentive to stakeholders needs. The openness process and changes tend to be slow, but we live in societies that are currently changing rapidly. It is therefore important to rely on as groundbreaking innovation that serves as a leverage that will bring about this change The TSJ has a plan for improving this initiative. The initiative is a plan. We have learnt that it is not possible to improve public service without a strategic planning, providing evaluation and accountability. We know the we have the plan but not the full path. As the Spanish poet said: “…walker there is no path, you make the path as you walk…”