Effective trial management: a key element of the rule of law

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Published: November 5, 2026

What is the difference between effectiveness and efficiency?

This question becomes all the more pressing within the legal system when one considers the implications for fundamental rights and the related issues of justice that arise in connection with the rule of law and, in particular, judicial proceedings. Against this backdrop, judges play a particularly important role, as they must address the central requirement of effectiveness in both civil and criminal proceedings. Effective trial management must always be more than merely efficient, whilst not being able to ignore the factor of time.

During a delegation visit by Montenegrin judges to Cologne, organised by IRZ in collaboration with the Montenegrin Centre for the Training of Judges and Public Prosecutors, this sometimes challenging balancing act was examined under the theme ‘The judiciary as the guarantor of effective rule of law’. In contrast to a monolithic understanding of the judiciary, the professional exchange centred on the specific nature of the judicial role. In addition to procedural law issues, the focus was particularly on techniques for conducting court proceedings, as well as the taking and assessment of evidence. To this end, alongside various expert discussions with German judges, the delegation also attended court hearings at the Cologne Regional Court to gain an insight into German court practice.

The visit, which was funded by project grants from the Federal Foreign Office, led to the clear realisation that the requirements of the rule of law must be continually brought to life. Within the legal framework, it is therefore primarily up to the key players in the judiciary to ensure that the rule of law takes effect through their jurisprudential skill – and thus to be effective.