Appeal Procedures: Evaluation and Reform

Abstract

Many jurisdictions consider changes in appeal procedures. These changes usually affect both the costs of the appeal system and the quality of justice that the appeal system provides. We try to assess the effects of these changes systematically. What are the likely costs and benefits for the parties and for future users of the court system? How do they influence the costs of maintaining the appeal system?

First, we develop a framework for evaluating such changes in terms of several categories of costs and benefits. Thereafter, we apply this framework to recent changes and proposals for change under consideration in four European jurisdictions, of which we covered the areas of civil procedure, administrative procedure, and criminal procedure. We look at: (1) restrictions in tasks for appeal systems (by a leave for appeal system, a system limiting grounds for appeal, not allowing appeals for certain types of cases, restrictions on new issues, limiting appeals to issues brought up by parties, and limits to stakes of a certain value); (2) changes in incentives to use appeal procedures; (3) changes in dealing with appeal cases (such as single judges in appeal, or better case management); and (4) alternatives to appeal. Our more general conclusions are the following. We find indications that appeal systems will improve their cost benefit ratio if they focus on error correction, in particular on errors that have a big effect on outcome and that are easily detectable. Using the appeal system for law making is not only a matter of freeing up resources, but also requires that appeal courts organize their work in such a manner that it generates more useful precedents (information that enables large numbers of future users of the court system to save costs in their dispute). An issue that warrants further study is the optimal division of labour between the different levels of the court system.

Keywords: appeal, civil procedure, cost benefit analysis, evaluation, court

JEL Classification: K41