Further measures to cut legal costs and more progress on strengthening the framework on ethics are among the recommendations made to Ireland by a European Commission report on the justice system.
The recommendations come in the commission sixth annual , which examines rule-of-law developments in all EU member states.
The report notes “a positive trajectory” in many member states, adding that engagement with the process remains strong, but it describes the situation as “serious” in some countries.
“The rule of law is not only vital for democracy and security, but also for our economy. This is our competitive edge,” said Michael McGrath (Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection).
, the commission notes that there are high levels of trust in the Irish justice system among individuals and companies.
It says that there was some further progress on a previous recommendation to reduce litigation costs, with new guidelines to set clear fee scales and a Civil Reform Bill under preparation.
It highlights the Department of Justice’s engagement with the Department of Environment, Climate and Communications on its plan to develop a scale of fees for judicial-review applicants in environmental and planning law “as a first/pilot step in developing options that can have more general application”.
The report says that an independent review group has concluded its review of the Civil Legal Aid Scheme, and the Department of Justice is currently examining the outcome.
“Stakeholders continue to share concerns about the current civil legal-aid system, highlighting that progress on its review – including the publication of the report on this matter – is urgently needed,” the report states.
It notes that the Programme for Government committed to reform the operation of the criminal legal-aid system, amid concerns among barristers, and fully restore criminal legal-aid fees.
Acknowledging recent moves by the Government to increase the number of judges, the commission adds that Ireland remains the member state with the lowest number of judges per capita.
It says that “an appropriate structure” to discuss questions about constitutional safeguards for the judiciary in connection with employment conditions has not yet been established.
On the courts, the report states that concerns persist about the length of proceedings, adding that data on this issue “is still not systematically recorded”.
The report says that the perception among experts, citizens, and business executives is that the level of corruption in the public sector remains relatively low, but it adds that “insufficient resources and specialisation” remain a challenge for investigating and prosecuting corruption cases.
It calls for measures to boost the monitoring and enforcement capacity of the Standards in Public Office Commission.
The report also urges the Government to finalise the reform of the Defamation Act to improve the professional environment for journalists.