ChAPTER 2: JUDICIAL CASE MANAGEMENT From ca, 1950: Growing Caseload in Western jurisdictions Unwillingness to invest sufficiently in court system Backlog causes alarm: Access of justice at stake(ECtHR) Possible solution: judicial case management (also JCM)
16 CHAPTER 2: JUDICIAL CASE MANAGEMENT • From ca. 1950: Growing Caseload in Western jurisdictions • Unwillingness to invest sufficiently in court system • Backlog causes alarm: Access of justice at stake (ECtHR) • Possible solution: judicial case management (also JCM)
CHAPTER 2: JUDICIAL CASE MANAGEMENT Definition 1. Judicial system as a whole and 2. Courts in individual cases 3. Regulate content and progress of litigation 4. Usually in close co-operation with parties
17 CHAPTER 2: JUDICIAL CASE MANAGEMENT Definition 1. Judicial system as a whole and 2. Courts in individual cases 3. Regulate content and progress of litigation 4. Usually in close co-operation with parties
CHAPTER 2: JUDICIAL CASE MANAGEMENT Requirements for successful judicial case management the civil procedure rules differentiate between different types of cases these rules leave the judge the necessary discretion to manage individual cases and the caseload as a whole this discretion can only be exercised to reach certain well-defined goals the parties and their lawyers have a duty and the necessary incentives to co-operate there are adequate sanctions in respect of parties and lawyers who refuse to co-operate courts are provided with adequate resources (!)
18 CHAPTER 2: JUDICIAL CASE MANAGEMENT Requirements for successful judicial case management • the civil procedure rules differentiate between different types of cases • these rules leave the judge the necessary discretion to manage individual cases and the caseload as a whole • this discretion can only be exercised to reach certain well-defined goals • the parties and their lawyers have a duty and the necessary incentives to co-operate • there are adequate sanctions in respect of parties and lawyers who refuse to co-operate • courts are provided with adequate resources (!!!)
CHAPTER 2: JUDICIAL CASE MANAGEMENT Some JCM in all legal systems and at all times JCM only described as such in case of a certain degree of judicial activity Two extremes Adversarial and Inquisitorial models of civil procedure
19 CHAPTER 2: JUDICIAL CASE MANAGEMENT Some JCM in all legal systems and at all times JCM only described as such in case of a certain degree of judicial activity Two extremes: Adversarial and Inquisitorial models of civil procedure
CHAPTER 2: JUDICIAL CASE MANAGEMENT Characteristics of Adversarial Systems Parties and their counsel in control Judge acts as passive umpire Judge applies rules of the game, observes and decides Judge active if rules ignored when deciding Lowest degree of activity
20 CHAPTER 2: JUDICIAL CASE MANAGEMENT Characteristics of Adversarial Systems • Parties and their counsel in control • Judge acts as passive umpire • Judge applies rules of the game, observes and decides • Judge active if rules ignored & when deciding • Lowest degree of activity