Case Management from a Comparative Perspective: Horizontal and Vertical Court Arrangements

Abstract

The demand for judicial attention will continue to exceed the supply of judicial time. Various solutions have been suggested to counter the rising caseload. Examples are a reduction of the number of court applications, an increase in the number of judges, and improving the efficiency of the courts with the introduction of appropriate case and court management instruments. Court management and case management are critical components within an efficient judicial system. They depend on the court structure and arrangements within and between the courts both from a horizontal and from a vertical point of view. The structural design of a judicial system depends on multiple factors, including legal culture and policy. This contribution explores, from a comparative perspective, the theories of case management, the role of managerial judges, and the interrelations between court structure, court management and case management. It is evident that case management is dependent on the structural arrangement of courts. In particular, the availability of specialized courts, the flexible composition of the tribunal that corresponds to the complexity and the importance of the case, and the interplay between superior and inferior courts are all critical in ensuring effective case management.