Abstract

For decisions and orders of the UPC (for the difference, → commentary on Art 73), it is generally the panels at the divisions of the Court of First Instance and at the Court of Appeal that are competent. Para 2 is a rule of interpretation which states that, where exclusive competence of the panel has not been provided, single judges (presiding judge, judge rapporteurs, standing judges) may perform the act. That is intended to enable a flexible, rapid type of proceedings particularly in cases where the members of the panel are not in close physical proximity at all times. of course, the interpretation rule need not be applied if a Rule of Procedure expressly confers competence for an act to a single judge (presiding judge, judge rapporteur, or standing judge).

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