Participants in the study visit in the courtroom of the Constitutional Court of Bavaria.
Participants in the study visit in the courtroom of the Constitutional Court of Bavaria.

“Negotiation management and the role of judges in civil proceedings” was the title of a two-stage event, which took place on 9 October in the Montenegrin capital, Podgorica, and continued with a study visit from 14 to 18 October 2018 to Munich and the Local Court of Wolfratshausen. The event was organised jointly by the IRZ and the Judicial Training Centre of the Republic of Montenegro, which have been working successfully together for around ten years.

During the workshop in Podgorica in Montenegro, the Director of the Local Court of Wolfratshausen and President of the Bavarian Association of Judges, Andrea Titz, introduced the participants in the planned study visit to Germany to the German ZPO (code of civil procedure). At the same time, she learned about the corresponding regulations and relevant practices in Montenegro. Following the abolition of the previous code of civil procedure in Montenegro, which was based on the Austrian Klein ZPO and offered extensive possibilities for official investigation, the principle of production of evidence now also applies.

When combined with Anglo-American concepts of the judge as purely an arbitrator, this often leads to the role of judges in civil proceedings being seen now as primarily a passive one. This results not only in the danger of extending the duration of proceedings, but it can also imply a disregard for the required procedural supply of information and to questionable and surprising verdicts in view of article 6 of the ECHR.

In this context, the German practice of negotiation management offers some good ideas for an effective process management to satisfy rule of law principles. This is one of the results of the visit to civil proceedings at the Regional Court of Munich I and the Local Court of Wolfratshausen. Following on from the hearings, the Montenegrin guests had the opportunity to discuss the issues with Dietrich Weder, Presiding Judge at the Regional Court, and Frederike Kirchstein-Freund, a judge at the Local Court. Andrea Titz was also available throughout to discuss questions in more details and to provide additional comments.

The participants were also able to attend a lecture by Christine Haumer, a judge at the Regional Court and Deputy Head of legal training at the Higher Regional Court of Munich, thereby making the most of the opportunity to find out about the training of trainee lawyers in Germany, using the Free State of Bavaria as an example. Other characteristics of German civil proceedure law, from the law on fees to provisional enforceability and the role of the judicial officer, were also discussed.

Due to the wealth of publications produced by the IRZ in South-East Europe, we were also able to provide participants with translations of laws (for example, the law on judicial officers) and other materials, for example on the official appraisal of judges and exam papers.