Excessive length of judicial proceedings - concept of Differentiated Case Management (DCM) Cover Image

Problem przewlekłości postępowania sądowego a zróżnicowane zarządzanie przepływem spraw sądowych
Excessive length of judicial proceedings - concept of Differentiated Case Management (DCM)

Author(s): Tymoteusz Zych
Subject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Stowarzyszenie Mage.pl
Keywords: Differentiated Case Management

Summary/Abstract: Excessive length of judicial proceedings is one of the major barriers to the economic development of Poland. Public opinion surveys indicate that court delays are regarded as the most burdensome problem of the Polish judiciary. The Anglo-Saxon literature indicates that in terms of the efficiency of the judicial proceedings the ratio of the number of judges to the number of cases handled by the court is of relatively low importance. The speed of the judicial proceedings is also conditioned by the structure of formal norms of procedure and internal organization of the court, including both the requirements of a formal and informal methods of operation. The concept of Differentiated Case Management (DCM) is of particular importance in respect of institutional reforms of the judiciary. DCM is based on the assumption that separate procedural tracks should be for assigned for cases with different levels of complexity and different features. Individual tracks differ in the order of stages of the proceedings and the time limits. The introduction of DCM in both the United States and in Europe, resulted in overall acceleration of judicial proceedings and reduction of the amount of cases proceeded excessively overdue.

  • Issue Year: 2/2015
  • Issue No: 2
  • Page Range: 117-130
  • Page Count: 14
  • Language: Polish