Lay participation adds to the quality of the administration of justice. Few people, though, have an idea about the extent to which EU member states draw on lay judges. This article for the first time provides an overview on lay participation in civil and criminal justice in EU countries.
Of the EU member states, the majority has some form of lay participation in criminal courts, mostly mixed courts (18 countries), in which lay and professional judges deliberate on cases together. Also in civil courts, a majority employ lay decision-makers, where 16 states have mixed courts. Juries, single lay judges, or panels exclusively consisting of lay people have become rare. Only four EU countries – Latvia, Lithuania, Romania, and The Netherlands – have no lay participation in criminal and civil trials. In some countries, lay participation is widespread, including for example, Austria, Finland, France, Germany, and Sweden. The article also identifies factors influencing the extent of lay participation in the courts. In conclusion: Lay judges are part of European legal culture.