Supreme courts under pressure : controlling caseload in the administration of civil justice / Pablo Bravo-Hurtado, Cornelis Hendrik van Rhee, editors.
Bravo-Hurtado, Pablo, editor.; Rhee, C. H. van, editor.
2021
K2123
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Title Supreme courts under pressure : controlling caseload in the administration of civil justice / Pablo Bravo-Hurtado, Cornelis Hendrik van Rhee, editors.
ISBN 9783030637316 (electronic bk.)
303063731X (electronic bk.)
9783030637309
DOI https://doi.org/10.1007/978-3-030-63731-6
Published Cham : Springer, [2021]
Language English
Description 1 online resource (232 pages)
Item Number 10.1007/978-3-030-63731-6 doi
Call Number K2123
Dewey Decimal Classification 347/.035
Summary This book discusses civil litigation at the supreme courts of nine jurisdictions Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the courts judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.
Access Note Access limited to authorized users.
Source of Description Description based on print version record.
Added Author Bravo-Hurtado, Pablo, editor.
Rhee, C. H. van, editor.
Series Ius gentium (Dordrecht, Netherlands) ; v. 83.
Available in Other Form Supreme Courts under Pressure.
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Intro
Contents
Abbreviations
Part I: Introduction
Introduction
1 `Under Pressure ́
1.1 Two Dimensions of Case Overload
1.2 Various Solutions
1.3 Content
2 Romanic Legal Tradition
2.1 France
2.2 Italy
2.3 Spain
3 Germanic Legal Tradition
3.1 Germany
3.2 Austria
3.3 Croatia
4 Anglo-American Legal Tradition
4.1 England and Wales
4.2 United States of America
4.3 Argentina
References
Part II: Romanic Legal Tradition
Towards a Reform of the French Court of Cassation?
1 The French Court of Cassation in Its Context

2 On-Going Reform
3 Conclusion
References
Finding a Cure or Simply Relieving Symptoms? The Case of the Italian Supreme Court
1 The Italian Supreme Court and Its Performance
2 One Court and Two Different Functions
3 Overburdened Docket: Consequences, Internal Solutions ...
4 and External Interventions: The 2009 and 2016 Legislative Reforms
5 Effectiveness of the Solution
6 `Tips ́from the Outside
7 Conclusion
References
Back in Focus: Case Overload and Case Selection Standards in the Spanish Supreme Court
1 Overview of the History of the Supreme Court

1.1 The Constitution of Cdiz (1812)
1.2 The Establishment of Cassation Appeal (1838)
1.3 The Definitive Shape of Spanish Cassation (1855-1881)
1.4 The Passing of the Crown (1978)
1.5 A Monetary Threshold (1984-1992)
1.6 `Cassational Interest ́As the Central Standard (2000)
1.7 A Constitutional Certiorari (2007)
1.8 Legal and Statistical Overview
1.9 Almost a Revolution (2014)
1.10 Towards a New Stability?
2 Particular Aspects
2.1 Composition of the Supreme Court and the Cassation Procedure
2.2 Case Overload Problems
2.3 Case Overload Solutions

2.3.1 Increasing Capacity
2.3.2 Procedural Measures
2.3.3 Reducing Quantity
3 Conclusion
References
Part III: Germanic Legal Tradition
Sharing Responsibility: The German Federal Court of Justice and the Civil Appellate System
1 Overview of the Supreme Court
1.1 The Historical Setting
1.2 The Structure of the Federal Supreme Court
1.2.1 Internal Organisation
1.2.2 Special Bar of Lawyers
1.2.3 Other Federal Supreme Courts
1.2.4 The Federal Constitutional Court
1.3 The Procedural Setting
1.3.1 The Court System in Civil Matters
1.3.2 The Types of Appeal

Appeal (Berufung)
Appeal on Points of Law (Revision)
Complaint (Beschwerde) and Complaint on Points of Law (Rechtsbeschwerde)
1.3.3 Restricting Access to the Bundesgerichtshof
The System as It Was Before 2002
Leave to Appeal
Striking Out Revisions
1.3.4 Grounds for Appeal (Revisionsgründe)
Violation of the Law
Factual Basis
1.3.5 A Successful Appeal on Points of Law
1.4 Workflow: Case Management
1.4.1 Preliminary Selection of Cases
1.4.2 Inferior Judges/Law Clerks
1.4.3 Writing the Judgment
1.5 Caseload
1.5.1 Intake
1.5.2 Judgment on the Merits

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