Civil Justice: Lay Judges in the EU Countries
Research output: Contribution to journal › Article › peer-review
Electronic versions
Documents
- PDB5599-00.pdf
Final published version, 181 KB, PDF document
Licence: CC BY-NC-ND Show licence
Lay judges fulfill important functions for the justice system of a country. In the European Union member states, scholars have analysed the use of lay judges in criminal cases. However, little is known about lay participation in civil justice. The paper introduces commonly cited reasons to have lay judges as well as the principal forms of lay participation and then surveys the EU countries for its implementation in civil cases. Mixed tribunals, involving lay judges under the leadership of a professional judge, are relatively frequent. Several countries have special labour courts or commercial courts with lay members and others have single lay judges, or all-lay judge panels. Roughly a third of the 28 EU member states have no lay participation in civil justice but only three of those have no lay judges in any branch of the courts. Almost all the reasons for including lay decision makers are served somehow by the existing forms, including providing different experiences and perhaps expert knowledge. The article concludes, citing non-EU states and lay participation in criminal and administrative courts as further evidence, that lay judges in one form or another are an element of European legal systems.
Original language | English |
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Journal | Oñati Socio-legal Series |
Volume | 6 |
Issue number | 2 |
Publication status | Published - 1 Jun 2016 |
Research outputs (4)
- Published
Recent Developments about Lay Judges in the European Union
Research output: Contribution to journal › Article
- Published
“In the name of the people” ̶ Lay assessors in Germany
Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review
- Published
Rezension: Oliver Lennartz, Erziehung durch Jugendschöffen? Eine empirische Untersuchung zur Funktion und Stellung der Jugendschöffen im Jugendgerichtsverfahren, Baden-Baden, Nomos Verlagsgesellschaft, 2016
Research output: Contribution to journal › Book/Film/Article review
Prof. activities and awards (2)
Lay Judges in the European Union – Developments
Activity: Talk or presentation › Invited talk
“The Magistrates’ Courts in England and Wales”
Activity: Talk or presentation › Oral presentation
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