ACCESS TO JUSTICE IN THE FEDERAL REPUBLIC OF GERMANY(FROM ACCESS TO JUSTICE, VOL 1, 1978, BY M COPPELLETTI AND B GARTH - SEE NCJ-61132)

• NCJ Number: 61143
• Author(s): R BENDER; C STRECKER
• Editor(s): J WEISNER
• Date Published: 1978
• Length: 51 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Language: English
• Country: Netherlands
• Note: TRANSLATED BY JOHN WEISNER

Annotation

PROCEDURES IN THE FEDERAL REPUBLIC OF GERMANY FOR INCREASING CITIZENS' ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION ARE DESCRIBED, EMPHASIZING REFORMS WHICH LOWER THE COSTS OF LITIGATION.

Abstract

IN THE FEDERAL REPUBLIC OF GERMANY, THE COSTS OF A CIVIL PROCEEDING, BORNE BY THE LOSING PARTY, ARE DETERMINED SOLELY IN RELATION TO THE PECUNIARY AMOUNT AT ISSUE. PARTIES UNABLE TO MEET THE COSTS OF A PROCEEDING WITHOUT JEOPARDIZING THEIR FAMILIES' SUPPORT ARE EXEMPTED FROM PAYING THE COST OF LITIGATION. CIVIL DISPUTES ARE DECIDED AT THE FIRST INSTANCE BY TWO TYPES OF COURTS--THE LANDGERICHT (DISTRICT COURT), WHICH DECIDES CLAIMS OVER $1,300 AND THE AMTSGERICHT (LOCAL COURT), WHICH DECIDES CLAIMS UNDER $1,300. SPECIAL PROCEEDINGS IN THE REGULAR COURTS WHICH REDUCE COSTS INCLUDE NONCONTENTIOUS PROCEEDINGS (FAMILY DISPUTES), ARBITRATION PROCEEDINGS, WHICH ENABLE A CREDITOR TO OBTAIN A DECISION WITHOUT A HEARING, AND PROCEEDINGS PROVIDING FOR LIMITED EVIDENCE. THERE ARE VARIOUS SPECIAL COURTS, BOTH INSIDE AND OUTSIDE OF THE ORDINARY COURTS, WHICH ARE GENERALLY RESPONSIBLE FOR CIVIL MATTERS. IN ADDITION TO THE GREATER EFFICIENCY RESULTING FROM THE DIVISION OF LABOR AND SPECIALIZATION, SPECIAL JUDICIAL COURTS HAVE THE ADVANTAGE OF ADAPTATION OF PROCEDURES TO THE PARTICULAR PROPERTIES OF AN AREA OF LAW. COSTS ARE ALSO REDUCED THROUGH PROVISION FOR CONCILIATION AND SETTLEMENT BEFORE THE ORDINARY COURTS AND MECHANISMS FOR PRELIMINARY DECISIONS. THE CODE OF CIVIL PROCEDURE PROVIDES VARIOUS POSSIBILITIES FOR FORCING PARTIES TO CONDUCT THEIR CASES EXPEDITIOUSLY. WHILE THERE ARE NO GOVERNMENT FORUMS FOR RESOLVING DISPUTES OUTSIDE THE COURT SYSTEM, A PRIVATE, UNOFFICIAL SETTLEMENT BOARD DEALS WITH LABOR DISPUTES. VARIOUS PRIVATE ARBITRATION BODIES HANDLE MATTERS SUBMITTED VOLUNTARILY BY PARTIES INVOLVED IN VARIOUS MINOR DISPUTES. GENERALLY, GERMAN PROCEDURAL LAW PROVIDES SUBSTANTIAL PROTECTION FOR INDIVIDUALS BUT HAS NO PROVISION FOR CLASS ACTION OR PUBLIC INTEREST ACTION. (RCB)