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Download the file - United Nations Rule of Law

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successfully without much additional cost. Theaverage time between filing and <strong>the</strong> first hearingwas cut from 73 days to 27 and <strong>the</strong> averagenumber <strong>of</strong> procedures from 23 to five, as judgeswere randomly assigned and could schedule <strong>the</strong>hearings without <strong>the</strong> need for consultation withcourt clerks and o<strong>the</strong>r judges.3. Privatise enforcement process and make itcompetitive:Private enforcement or specialised public collectionagencies to collect debt are more effective.The best way to speed <strong>the</strong> recovery <strong>of</strong> overdue debtis by allowing competition in enforcing judgments.Colombia scrapped <strong>the</strong> monopoly <strong>of</strong> <strong>the</strong> courts toenforce judge’s ruling in 2003. Private companiesquickly moved into <strong>the</strong> business. As a result,time was cut by nearly two months.Hungary and Slovakia also introduced privateenforcement.ExitWith higher recovery rates, banks are more willingto lend and more money goes to new businessventures. The freedom to take on new ventures,and do so through an efficient process, ensuresthat a country’s people and capital are put to<strong>the</strong>ir most productive uses.1. Specialised expertise:Provide specialised judges who deal with foreclosureor bankruptcy cases. In developing countriesthis can be achieved by establishing a specializedcommercial section in <strong>the</strong> general court or in anadministrative agency.Peru: Its clerks and judges deal only with bankruptcyand debt recovery issues and not withdivorce or criminal cases.2. Limit appeals:Appeals are needed to resolve legitimate disputes.But too <strong>of</strong>ten <strong>the</strong>y are abused and invokedfor frivolous reasons thus delaying an efficientoutcome. Limiting appeals, both at <strong>the</strong> outsetand during <strong>the</strong> procedure, increases recoveryrates.Australia, New Zealand and <strong>the</strong> <strong>United</strong> Kingdom:In foreclosure proceedings, <strong>the</strong> creditors needonly to prove that a payment is overdue. Appeal isnot possible.El Salvador: in contrast, <strong>the</strong> debtor can appealforeclosure and delay its start by up to 16 months.Appeals delay liquidation or reorganisation.Romania reduced each appeal from 30 to 10days. In addition, appeal can be limited only onlegal grounds, not on <strong>the</strong> case facts, which arealready established and accepted by <strong>the</strong> judge at<strong>the</strong> start <strong>of</strong> <strong>the</strong> case.Estonia: allows <strong>the</strong> case to continue duringappeal, avoiding disruption while providing fordisputes to be resolved. Allowing <strong>the</strong> foreclosureor bankruptcy case to continue on appeal is associatedwith 20 percent less time in closing abusiness. And it almost doubles <strong>the</strong> chance <strong>of</strong>keeping it operating.Successful Initiatives taken by BusinessesThis section focuses on <strong>the</strong> initiatives taken from<strong>the</strong> private sector including informal businessesperspectives on <strong>the</strong>ir business rights and ensure<strong>the</strong>y can take full advantage <strong>of</strong> opportunities andmarkets.1. Appropriate legal frameworks that enshrine <strong>the</strong>following as economic rights:• Access to finance, raw material, and productmarkets at fair prices;• Access to transport and communication infrastructure;251

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