Procedural Law

Question 1

Institutional Principles

Answer 1

• Judicial Indepence

- Judicial impartiality

Question 2

Procedural principles

Answer 2

1. the right to access to justice
2. the right to a fair hearing and trial
3. the right to a public hearing
4. the right to judgment within reasonable time
5. the right to enforcement of the judgement

Question 3

Judicial Indepence

Answer 3

• Fair trial

- Notion of a proper administration of justice

Question 4

Judicial Impartiality

Answer 4

Courts aren’t allowed to favor one of the parties in any way

Question 5

The right of a fair trial

Answer 5

3. right to equality of arms
4. right to be present at trial
5. right to an oral hearing
6. right to produce evidence
7. right to a reasonable judgement

Question 6

No core no pay

Answer 6

Freeing the client from part of his obligation to pay when the case is lost

Question 7

Excessive Formalism

Answer 7

Access to justice can’t be unlimited so national law will decide on the procedures to be followed and the time limits, periods and formalities to be fulfilled

Question 8

Auditar et altera pars

Answer 8

Courts should hear both parties and give both parties equal opportunities to react to each others statement and consider both arguments

Question 9

Lites finiri oportet

Answer 9

All proceedings should come to an end at some point

Question 10

Judgement civil law

Answer 10

All judgements are in writing and they give their reasons in full -> Only the opinion of the majority of the judges is published

Question 11

Judgement in Common law

Answer 11

Judgements are often oral and the written version will not contain any reason at all. But judges often produce a written opinion on the case.