BASIC KEY PRINCIPLES OF CASE MANAGEMENT ACCORDING TO THE GERMAN CODE OF CIVIL PROCEDURE

The German approach to case management is centered on the trial judge, who actively steers the proceedings from the filing of the action to the passing of the decision or judgment. This approach facilitates the efficient conduct of the proceedings while maintaining a focus on decisive issues. The court, assisted by the clerk office, is responsible for the structure and organization of the proceedings, including the service of the statement of claim, written pleadings, and court decisions. The notification and service of summons, as well as the enforcement of witness attendance, are executed by the administrator at the order of the judge. This approach significantly accelerates court proceedings compared to other jurisdictions where counsel for the parties are required to perform all organizational tasks. The German civil court procedure is influenced by several key principles, including the Principle of the Right to a Fair Hearing. This principle states that the rights of a person may not be affected by court measures without first allowing that person the opportunity to defend themselves. Exceptions to this principle exist if the aim of the decision would be jeopardized, such as in the event of attachment and interim injunctions. Another key principle is the Principle of Party Disposition, which states that the parties are exclusively entitled to decide the beginning, continuation, and end of civil proceedings. The Principle of Party Presentation also applies, where the parties are responsible for presenting facts favorable to them. If they fail to do so, they are responsible for the disadvantages arising from the negative outcome of the court case. The German Code of Civil Procedure provides a clear and systematic structure for civil proceedings, governing the work of both judges and lawyers. Case management is an integral part of the education of judges, facilitating the efficient conduct of the proceedings while maintaining a focus on decisive issues. The efficiency of case management according to the German Code of Civil Procedure has been proven, with the average time for resolving civil cases being 4.8 months in civil proceedings before local courts and 8.2 months in civil proceedings before regional courts. This approach has been successful in both common law and civil law systems elsewhere in the world. Judicial Case Management, as practiced in Germany, involves early and continuous control of the process of defining the issues, facts, and laws related to a dispute. This process requires the judge to identify the legal and factual issues related to the case at the time of filing, conduct an early first hearing to attempt to resolve the case amicably, and define what experts and witnesses will be heard and what they may testify to. The judge must also set a schedule for oral presentation of facts and evidence, actively manage postponements, and have rules of procedure that permit them to dismiss, default, or otherwise sanction a party who does not participate in their processes. The German model of Judicial Case Management has been adopted by the Rule of Law Program (ROLP) as a proof of concept to encourage the Ministry of Justice to consider this approach as an alternative or concurrent strategy to transfer control of the pace of cases from attorneys to the court. The ROLP has assisted the Ministry in replicating Case Management Departments in all First Instance courts, developing practice guides and best practices, and conducting training programs for case management judges and trial judges.