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  • 标题:Balancing Territoriality and Functionality; Specialization as a Tool for Reforming Jurisdiction in the Netherlands, France and Germany
  • 本地全文:下载
  • 作者:Elaine Mak
  • 期刊名称:International Journal for Court Administration
  • 印刷版ISSN:2156-7964
  • 电子版ISSN:2156-7964
  • 出版年度:2008
  • 卷号:1
  • 期号:2
  • 出版社:International Association for Court Administration
  • 摘要:The question of jurisdiction is at the heart of recent discussions regarding the modernization of European judicial organizations.1In some cases, special courts have been created for dealing with specific categories of cases, or particular categories of cases have been concentrated within a single court for the entire legal system. In some instances, reforms focus on reducing the number of courts or on creating a limited number of courts of general competence. These ways of solving jurisdictional problems involve a departure from the classic organizational standard which was based on territoriality. In former times, the territoriality standard focused first and foremost on the geographical location of the court.2The standard of territoriality further encompassed issues of timeliness, hearing and understanding, comprehensibility, accessibility and visibility of the judiciary towards society.3The recent reforms, however, shift the focus to an organizational standard that is based on functionality. In order to make the judicial organization compatible with requirements of expertise, the allocation of jurisdiction based on subject matter is held to the light. More and more often, specialization is the tool that is used to ensure that judges have the knowledge and skills required to do their job in a timely and correct manner
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