NCJ Number
154612
Journal
Justitiele Verkenningen (Judicial Explorations) Volume: 21 Issue: 2 Dated: (1995) Pages: 62-82
Date Published
1995
Length
21 pages
Annotation
This article examines how the inactive role of the judge in Dutch civil proceedings affects their efficiency.
Abstract
This discussion is, among other things, inspired by the reform of the organization of the Dutch courts and an adaptation of the Code of Civil Procedure. As one of the main causes of the inefficiency of the civil litigation, the inactive role of the judge is mentioned. After a description of the legal competencies of the judge, the author suggests two ways to improve the civil procedure. A more active judicial role is suggested as a means of improvement, along with a more informal procedure and abolition of the obligatory legal representation. This means not only a reform of the Code, but also of the culture and the organization of the courts. Since it is not known how judicial attitudes influence court proceedings, there might be other significant factors that impact the efficiency of civil proceedings. If this is the case, then the suggested improvements may not have their intended effect. 12 references