JUDICIAL LAW-MAKING DURING THE PANDEMIC (THE EXPERIENCE OF AUSTRIA AND GERMANY)

Author(s): Slabospitsky A.S.

Rubric: Civil, business and contract law

DOI: 10.21777/2587-9472-2020-2-35-40

Release: 2020-2 (24)

Pages: 35-40

Keywords: pandemic, civil proceedings, information technology, remote justice, procedural deadlines

Annotation: The potential of the analogy of law, which made it possible to find new forms and methods of procedural interaction with litigants, has not been fully exhausted and has been actively developing in a pandemic. The example of Austria and the Federal Republic of Germany suggests that it is important to keep the golden mean between the observed tendency towards de-ceremonization of court proceedings and the need to follow the fundamental principles of justice. The objective of the research is to provide a brief overview of the experience of civil law proceedings in the context of a pandemic using the example of Austria and the Federal Republic of Germany, and to consider certain aspects of the digitalization of justice. The purpose of the study is to highlight the practical proposals of foreign jurisdictions to increase the accessibility of justice, to reflect the advantages and disadvantages of the experience gained in modernizing approaches to the use of information technologies. The methodological basis of the study was: formal legal method, comparative legal method, as well as general scientific methods of cognition. An analysis of the foreign experience of the legislator and law enforcement officer in a crisis situation allows us to formulate for the future some ideas highlighted by the conditions of the pandemic and requiring public discussion. It is indicative that despite the analysis of the experience of two independent systems, a number of mechanisms proposed for implementation have common fundamental features: the transition to the active use of video conferencing, including with parties located abroad, the presence of developed mechanisms for the suspension of procedural deadlines during extraordinary events.

Bibliography: Slabospitsky A.S. JUDICIAL LAW-MAKING DURING THE PANDEMIC (THE EXPERIENCE OF AUSTRIA AND GERMANY) // Journal of Legal Sciences. – 2020. – № 2 (24). – С. 35-40. doi: 10.21777/2587-9472-2020-2-35-40