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88 Cynthia Clement and Peter Murrell argue that economic reforms in transition economies will focus on strengthening the legal institutions which support successful market economies. See generally Clement, Cynthiaand Murrell, Peter, Assessing the Value of Law in Transition Economies 1-6 (Univ. of Mich. Press 2001).Google Scholar

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96 For instance, the Ministry has noted that the execution of judgments, improvements in the technical basis of the courts, and raising the qualifications of the judges are among the most serious problems. Ministry Of Justice Of Republic Of Latvia, at www.tm.gov.l.Google Scholar

97 The Commission has stated that the budget available for the judiciary remains largely insufficient but that it did increase slightly from 2001 to 2002 by almost €4,000. Latvia 2002, supra note 89, at 22.Google Scholar

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101 The European Union On-Line, Candidate Country: Latvia, at http://europa.eu.int/comm/enlargement/latvia/index.htm (last visited Nov. 14).Google Scholar

102 See Generally Cappelletti, Mauro The Judicial Process in Comparative Perspective 49-53 (Clarendon Press, Oxford 1989).Google Scholar

103 Schwartz, Herman “The New East European Constitutional Courts,” Mich. J. of Int'l L. 12 (1992): 741, 746.Google Scholar

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106 Schwartz, Herman The Struggle for Constitutional Justice in Post-Communist Europe 240 (University of Chicago Press 2000). For instance, the Hungarian Constitution provides for eleven members elected by a 2/3 majority of Parliament. Furthermore, justices cannot be a member of a political party nor can they engage in any political activities beyond their duties in the Court. Hung. Const. Chapter 4 Art. 32/A (4) and (5). The Hungarian Constitutional Court also has its own budget and justices are elected to nine-year terms with one opportunity for re-election. The Constitutional Court of the Republic of Hungary: on the Constitutional Court, available at www.mkab.hu/content/encont1.htm (last visited Oct. 25, 2003) [hereinafter Hungarian Constitutional Court]. In Slovakia, the Constitutional Court is composed of thirteen judges appointed by the President for one twelve-year term. Slovk. Const. Art. 134 (1) and (2). The judges are given the same immunity as Parliament, must renounce membership in a political party, and cannot hold any other public office. Id. at Art. 137 (1) and (2).Google Scholar

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109 Hung. Const. Art. 32/A (1).Google Scholar

110 Id. Art. 32/A (2).Google Scholar

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121 Klingsberg, Ethan “Judicial Review and Hungary's Transition from Communism to Democracy: The Constitutional Court, the Continuity of Law, and the Redefinition of Property Rights,” B.Y.U. L. Rev. 1992 (1992): 41, 74.Google Scholar

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129 Id.Google Scholar

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134 By contrast, the Constitutional Court in the Czech Republic heard only 10 cases, in Latvia 13, 19 in Estonia, and 41 in Lithuania. Ishiyma, Johnand Smithey, Shannon Ishiyama, “Judicial Activism in Post-Communist Politics,” Law and Soc'y Rev. 36 (2002): 719, 722.Google Scholar

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142 The OSI recommends that, at the very minimum, the judiciary itself should have some input into how it is administered. Id. at 41.Google Scholar

143 Id. at 24-25.Google Scholar

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147 Estonian Institute, Judicial Reform in Estonia, at www.einst.ee/historic.society/judicial_reform.htm (last visited Oct. 24, 2003) [hereinafter Estonian Institute].Google Scholar

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157 In addition to changes in court administration, the status and remuneration of judges has improved, the backlog of criminal cases and the duration of judicial proceedings has decreased, and training programs for judges and prosecutors are currently being implemented under the Courts Act. Commission of the European Communities, “2003 Comprehensive Monitoring Report on Estonia's Preparations For Membership 12” (2003), available at http://europa.eu.int/comm/enlargement/report_2003/pdf/cmr_ee_final.pdf [hereinafter Estonia 2003].Google Scholar

158 Estonian Judicial Review Act, Art. 2; OSI 2002, supra note 57, at 97.Google Scholar

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173 Id. In the new Member States, responsibility for formulating the budget typically rests with the administrative body. Therefore, when a Ministry of Justice of Judicial Council has full or shared administrative control, it is able to formulate the budge, allocate resources, and supervise how resources are spent. Id. at 46.Google Scholar

174 For instance, in 2000 the Council proposed a budget of € 175, 895, the Government proposed a budget of €136,513 and Parliament passed a budget of € 135, 867. In 2001, the Council's proposal was for €235, 872, the Government's was €141,866 and Parliament passed a budget of €144,906. In 2002, the Council requested €228,908, the Government put in for €144,035, and the budget accepted by Parliament was for €150,039. Id.Google Scholar

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177 Article 84 also states that “[t]he Parliament may remove judges from office against their will only in the cases provided by law, based upon a decision of the Judicial Disciplinary Board or a judgment of the Court in a criminal case.” Lat. Const. Arts. 84.Google Scholar

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184 According to the OSI, “[r]epresentatives from judicial associations, professional groups and academia do not participate in the apprentice selection.” Following the apprenticeship, a candidate receiving a positive evaluation must then complete a judicial examination before the Judicial Qualifications Board. The exam has been called inadequate, lacking a written component to assess legal reasoning or writing skills. The Board also does not bind the Minister, giving him broad discretion. At the end of this process, judges are appointed by Parliament to district courts, usually for a probationary term. OSI 2002, supra note 53, at 126-127.Google Scholar

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189 OSI 2001, supra note 5, at 243.Google Scholar

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192 OSI 2001, supra note 5, at 245.Google Scholar

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194 Slovk. Const. Art. 141(1).Google Scholar

195 Slovk. Const. Art. 144(1).Google Scholar

196 Commission of the European Communities, “2002 Comprehensive Monitoring Report on Slovakia's Preparations for Membership 12” (2003).Google Scholar

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198 Commission of the European Communities, “2002 Comprehensive Monitoring Report on Slovakia's Preparations for Membership 23” (2003).Google Scholar

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204 Commission of the European Communities, “2002 Comprehensive Monitoring Report on Slovakia's Preparations for Membership 12” (2003).Google Scholar

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206 The work details of the judiciary do not refer to the conditions for the constitutional courts, which typically have their own budgets, different election procedures for the justices, and are therefore considered to exist separate from the judiciary. See Hungarian Constitutional Court, supra note 106.Google Scholar

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209 The EU Accession Process of the Open Society Institute, Judicial Independence in the EU Accession Process, available at http://www.eumap.org/reports/content/20/001/html/500 [hereinafter EUMap] (last visited Nov. 14, 2003).Google Scholar

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268 The EU Regular Report for 2003 stated that “[t]he new government recognized the need for the reform of the judiciary as a priority, and some steps have been taken to strengthen the effectiveness and independence of the judicial system. …” Latvia 2003, supra note 193, at 12.Google Scholar

269 See generally Ajani, Gianmaria “By Chance and Prestige: Legal Transplants in Russia and Eastern Europe,” 43 Am. J. Comp. L. 43 (1995): 2.Google Scholar

270 OSI 2001, supra note 5, at 66.Google Scholar

271 Vachudova, Milada Anna supra note 32, at 65.Google Scholar

272 OSI 2001, supra note 5, at 31.Google Scholar