Questionnaire on „Support of the parties by the court“
Speaker Anders Bengtsson
(Please indicate both the legal background and the practice of the
courts. The English version of national legal provisions may be added in
- Is the court obliged/entitled to order the representation by a legal
adviser, if the plaintiff is not capable of pleading properly?
- Is the court obliged /entitled to give hints to the plaintiff
as soon as possible if formal requirements for the action are not
fulfilled (e.g. exceed of time limits for the action, no signature under
- In which way does the court enable the parties to inspect the court files and the files submitted by the public authorities?
- In which cases the public authority has refused the submission of files in your court practice?
- In case of time limits for submissions of the parties (e.g. for the
reasoning of the appeal). Is a prolongation granted usually? What is the
consequence, if time limits are exceeded?
- Is the court obliged/entitled to give hints to the public authority, if the challenged administrative act is afflicted by a formal fault?
- Must/may the court set a deadline for rectifying the fault (provided that such an improvement is to be respected by the court)?
- Is the court obliged/entitled to give a legal hint, if the appeal is
obviously founded or unfounded or is such a hint forbidden? What is the
practice in your country? Are the parties grateful for hints like that?
May concern about partiality occur?
- Is the court obliged/entitled to ensure that unclear requests are explained and proper motions are made?
- Is the court obliged/entitled to give a hint to not overlooked legal aspects which are in favour of a party?
- Is the court obliged/entitled to propose procedural motions or requests (e.g. for interim measures) to be made by the parties?
- Must any discussion with the parties prior to the oral hearing be
conducted in written or is a contact by phone allowed? If there is no
legal provision: What is the practice, are there any concerns regarding
- Is the court obliged/entitled to endeavour to find an amicable settlement?
- Is the court obliged/entitled to propose a deal between the parties? In which way may a deal finish the lawsuit?