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1 – 10 of 243Monica Giancotti, Giorgia Rotundo and Marianna Mauro
European justice systems are facing a dramatic performance crisis due to the frequent inability to resolve cases without incurring unreasonable delays and backlogs. In this…
Abstract
Purpose
European justice systems are facing a dramatic performance crisis due to the frequent inability to resolve cases without incurring unreasonable delays and backlogs. In this framework, the Italian Judicial system places itself well below the European countries average, in terms of speed of resolution of administrative, civil and criminal trials. The purpose of the paper was to (1) identify factors affecting Italian judicial system efficiency and (2) identify potential actions to manage them, improving judicial system efficiency.
Design/methodology/approach
In order to achieve the aims of this paper, a systematic review to map all critical factors discussed in previous studies was performed. Studies were extracted from Google Scholar, Web of Science and SSRN databases. In total, 22 studies were included.
Findings
The identified factors of inefficiency of the Italian judicial system have been divided into three macro-classes depending on whether they concern human resource management, the judicial process or whether they pertain to internal or external outside the judicial organization. For each of these, possible strategies have been developed in a new conceptual framework.
Originality/value
The framework seeks to assist policymakers in forming policy measures that can significantly increase court effectiveness. This is the first attempt to review and map all factors affecting judicial system efficiency systematically, providing a new conceptual framework to manage them.
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Patrizio Monfardini, Silvia Macchia and Davide Eltrudis
Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of…
Abstract
Purpose
Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of KIPO in the judiciary system: the courts. The paper aims to explore the court’s managerial and organisational change resulting from the national recovery and resilience plan (NRRP) reform in response to Covid-19, focussing on how this neglected KIPO responds to change, either by showing acts of resistance or undergoing a hybridisation process.
Design/methodology/approach
The paper adopts a qualitative research design, developing an explorative case study to investigate the process of a court’s managerial and organisational change caused by NRRP reform and to shed light on how this neglected KIPO reacts to change, showing resistance acts and developing the hybridisation process. Thirty-one interviews in six months have been conducted with the three main actors in Courts: judges, clerks and trial clerks.
Findings
The paper shows that in this understudied KIPO, judges fiercely resist the managerial logic that decades of reforms have been trying to impose. The recent introduction of an office for speeding up trials (Ufficio Per il Processo (UPP)) was initially opposed. Then, the resistance strategy changed, and judges started to benefit from UPP delegating repetitive and low-value tasks while retaining their core activities. Clerks approached the reform with a more positive attitude, seeing in UPP the mechanism to bridge the distance between them and the judges.
Originality/value
Considering their relevance to society, courts must be more addressed in KIPOs' studies. This paper allows the reader to enter such KIPO and understand its peculiar features. Secondly, the article helps to understand micropractices of resistance that may hinder the effectiveness of managerial reforms.
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This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.
Abstract
Purpose
This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.
Design/methodology/approach
Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations.
Findings
Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the recovery of stolen assets, as there is a lower threshold for the recognition and enforcement of a foreign judgement.
Research limitations/implications
There are limited data available in relation to the recognition and enforcement of foreign judgements pertaining to the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs within the Belt and Road Initiative.
Practical implications
Those who are interested in examining the viability in recognizing and enforcing foreign judgements relating to stolen assets will have an interest in this topic.
Originality/value
The value of the paper is to demonstrate the difficulties in recognizing and enforcing foreign judgements in China in relation to stolen assets.
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With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of…
Abstract
Purpose
With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.
Design/methodology/approach
The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.
Findings
The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.
Social implications
Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.
Originality/value
This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.
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This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Abstract
Purpose
This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Design/methodology/approach
This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique.
Findings
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country.
Research limitations/implications
Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings.
Practical implications
This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback.
Social implications
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government.
Originality/value
The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.
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Rachida Sahraoui and Abderrahmane Laib
This chapter addresses a significant topic in Algeria, namely the issue of Corporate Social Responsibility (CSR), by examining the use of business ethics codes. In recent years…
Abstract
This chapter addresses a significant topic in Algeria, namely the issue of Corporate Social Responsibility (CSR), by examining the use of business ethics codes. In recent years, there has been growing interest among companies in implementing practices that can justify their CSR efforts, including the development of corporate business ethics codes. These codes play a crucial role in formalizing the integration of CSR strategies. In Algeria, several companies have adopted business ethics codes; one such example is the companies in the oil and gas sector, the leading oil industry company in Algeria. These companies have implemented a business ethics code to provide justification and guidance for their CSR practices. The main objective of this chapter is to demonstrate the commitment of companies to CSR through the development of their business ethics codes. It presents the results of a comprehensive analysis of the business ethics codes of Algerian companies in the oil and gas sector. The approach involved the development of an analytical framework with various criteria and an objective examination of the business ethics code to yield results that aligned with these criteria. The study concludes that the business ethics codes of these companies serve as sources of internal regulation that primarily address ethical concerns and reflects the existing Algerian regulations at the organizational level.
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Noel Hyndman, Irvine Lapsley and Christina Philippou
The primary purpose of this paper is to provide an analysis of the key perspectives that emerge in this Accounting, Auditing & Accountability Journal (AAAJ) Special Issue as a…
Abstract
Purpose
The primary purpose of this paper is to provide an analysis of the key perspectives that emerge in this Accounting, Auditing & Accountability Journal (AAAJ) Special Issue as a basis for determining the existence or otherwise of a Soccer Society, as well as reflecting on the challenges that evidence of corruption in soccer (the beautiful game) has had on the game to date. Reflections on these matters are then utilised to offer a prospective analysis of issues for further research.
Design/methodology/approach
The paper is a reflective analysis that draws on existing societal work to provide key dimensions of accounting and accountability for significant organisations in the world of sport in general and soccer in particular.
Findings
Much prior research on soccer has largely focussed on the internal workings of soccer organisations, with little discussion of the importance of context. This paper explores the influence of the game more broadly. Moreover, a number of the papers included illustrate an overwhelming sense of joy and pleasure from experiences of the beautiful game, as well as providing evidence of the general societal good that can flow from it. However, the study also highlights concerns emanating from weak, and seemingly pliable, governance, regulatory and accountability regimes that provide a fertile field for corruption and sportswashing.
Research limitations/implications
This paper highlights a research agenda as an encouragement to interdisciplinary accounting researchers to investigate accountability and governance issues as a basis for evidence-based discussions of the impact of soccer and its regulation.
Originality/value
This paper specifically, and the Special Issue more broadly, offers a set of original empirical and theoretical contributions with respect to an activity that has faced limited scrutiny and consideration by academic accountants. Together, they offer a substantive body of work to enable future research in this area.
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Barbara Pernici, Carlo Alberto Bono, Ludovica Piro, Mattia Del Treste and Giancarlo Vecchi
The purpose of this paper is to show how data mining techniques can improve the performance management of the judiciary, helping judges in steering position with specific and…
Abstract
Purpose
The purpose of this paper is to show how data mining techniques can improve the performance management of the judiciary, helping judges in steering position with specific and timely measures. It explores different approaches to analyse the length of trials, based on the case of an Italian judicial office.
Design/methodology/approach
The paper presents a temporal analysis to compare the timeliness of trials, using data and process mining approaches with the support of a specific software to represent graphically the results. Data were gathered directly from the office data base, improving precision and the opportunity to monitor specific phases of the trials.
Findings
The results highlight the progress that can be reached using data mining approaches to develop performance analyses helping courts to correct inefficiencies and to manage the personnel distribution, overcoming the critical comments arisen against traditional KPI (Raine, 2000). The work proposes a methodology to analyse cases deriving from different juridical matters useful to set up a performance monitoring system that could be diffused to different courts.
Research limitations/implications
The limitations of the research regard the analysis of a selected, limited number of cases in terms of judicial matters.
Practical implications
Data mining techniques can improve the performance management processes in providing more accurate feedback to the judicial offices leaders and increasing the organisational learning.
Social implications
The performance of the judiciary is one of the relevant issues that emerged in the recent decade in the field of public sector reforms. Several reasons explain this interest, which has gone beyond the specific legal disciplines to involve public policy, management, economics and ICT studies.
Originality/value
Considering the literature on the judiciary (Visser et al., 2019; Di Martino et al., 2021; Troisi and Alfano, 2023) the contribution differs as both the methodological approach and the predictive analysis considers the intrinsic differences that define cases belonging to different juridical matters performing a cross-sectional analysis, with a specific focus of process variants.
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Carlotta Magri and Pier Luigi Marchini
This study aims to investigate the link between audit quality and in-court debt restructuring. The aim is to understand whether the confirmation of debt restructuring plans is…
Abstract
Purpose
This study aims to investigate the link between audit quality and in-court debt restructuring. The aim is to understand whether the confirmation of debt restructuring plans is affected by audit quality, which, in the light of agency theory, reduces information asymmetries between outsiders (creditors and the court) and insiders (shareholders and managers) of the debtor company.
Design/methodology/approach
A logistic regression is performed to test whether higher audit quality is associated with an increased probability of successfully completing a debt restructuring proceeding (RP). Consistent with the literature, audit quality is assessed ex ante based on auditor size, which is used as a proxy for independence. The analysis considers private Italian companies.
Findings
Audit quality positively affects debt restructuring. Among financially distressed companies, those audited by an audit company are more likely to succeed in RPs than those audited by a single practitioner. There is no evidence of a Big N effect.
Originality/value
This study fills a gap in literature as, in contrast to other financial and governance characteristics, audit quality has never been studied before as a determinant of efficient restructuring. It contributes to the literature on auditing and governance by highlighting the importance of audit quality in complex situations such as RPs, and it expands on debt restructuring literature by considering the importance of the information exchanged during RPs.
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