Twelfth International Colloquium Vol. 1

Context and Purpose

• The document represents the proceedings of the IAPL Colloquium held in Valencia, Spain.
• Focuses on the balance between oral and written procedure in civil justice systems globally, emphasizing efficiency, accessibility, and the modernization of procedural law.
• Highlights the Spanish legal tradition and comparative perspectives from civil and common law systems.
• Explores the evolution of civil procedure under technological, social, and constitutional influences, including telematics and secondary orality in modern courts.

Preface and Introduction

• Preface (Federico Carpi):
  • Introduces the historical context of procedural law in Spain and Europe.
  • Discusses the philosophical and practical debate on orality versus written procedure.
  • Highlights Italian, German, and Spanish procedural scholars and traditions.
  • Emphasizes procedural efficiency, case management, proportionality, and the role of judicial discretion.
  • Notes the significance of the Tribunal de las Aguas as an exemplar of efficient oral proceedings.
• Introduction (Manuel Ortells Ramos):
  • Provides rationale for selecting the colloquium theme and Valencia as the location.
  • Connects the discussion to constitutional guarantees of oral proceedings in Spain.
  • Presents the central thesis: an effective civil justice system requires a flexible balance of oral and written proceedings to maximize speed, fairness, and quality.
  • Introduces technological impact on procedural methods, including document management, video testimony, and electronic filing systems.
  • Outlines the structure of the volume: introductory reports, general reports, and national reports from various jurisdictions.

Structure and Sections

1. Introductory Reports

• Víctor Fairén Guillén – The oral and efficient process before the Valencian Water Tribunal:
  • Provides a detailed historical and functional analysis of the Tribunal de las Aguas.
  • Highlights principles of orality, concentration, publicity, authority, minimal documentation, rapid decision-making, and enforceability.
  • Describes the tribunal's governance, the role of experienced community members as judges, and procedural rituals dating back to the 13th century.
  • Emphasizes efficiency, low cost, voluntary compliance, and cultural legitimacy.
• Marcel Storme – More voice, less print:
  • Argues in favor of increasing oral elements in civil proceedings to enhance speed and procedural clarity.
  • Discusses comparative perspectives between oral traditions in common law and written traditions in civil law.

2. General Reports

• Dieter Leipold – Oral and written elements within the introductory phase of civil procedure:
  • Analyzes the initial phase of civil proceedings and the strategic role of written submissions versus oral hearings.
  • Explores efficiency, case management, and judicial discretion.
• Soraya Amrani-Mekki – Impact of new technologies on civil procedure:
  • Examines how telematics, electronic filing, and video hearings alter procedural norms.
  • Discusses opportunities for efficiency without compromising fairness or transparency.
• Jorge W. Peyrano – Evidence between orality and writing:
  • Focuses on how evidence is presented in oral vs. written formats.
  • Discusses reliability, procedural economy, and the impact on judicial decision-making.
• Michele Taruffo – Orality and writing as factors of efficiency in civil litigation:
  • Highlights empirical research on time, cost, and quality in oral and written procedures.
  • Discusses proportionality, procedural simplification, and the role of concentrated hearings.

3. National Reports

• Spain (Alicia Armengot Vilaplana):
  • Describes constitutional and statutory frameworks for oral proceedings.
  • Highlights local practices and procedural innovations.
• England & Wales (Stefan Einhaus):
  • Emphasizes case management reforms, pre-trial conferences, and the limited but growing role of oral hearings.
• Japan (Manabu Honma):
  • Discusses hybrid systems with strong written traditions complemented by oral hearings.
• Korea (Junghoo Oh):
  • Examines procedural modernization, court efficiency, and reforms promoting oral testimony.
• Greece (Dimitris N. Maniotis), USA (Jakob Reinhard), Latin America (Pía Tavolari Goycoolea), China (Hongliang Wang):
  • Each report provides country-specific procedural norms, comparative observations, and efficiency strategies.
• Italy, Brazil, Peru, Colombia, Germany, Venezuela, Uruguay, Chile, Argentina, Mexico:
  • Detailed examinations of civil procedural systems, highlighting orality, efficiency, and reforms.
  • Includes discussions on concentrated hearings, use of technology, procedural simplification, and integration of customary practices.

Key Themes

1. Orality vs. Writing:
   • Evaluates the trade-offs between oral hearings and written submissions.
   • Focus on concentration, immediacy, transparency, and fairness.
2. Efficiency in Civil Procedure:
   • Methods to reduce duration, cost, and procedural complexity.
   • Emphasis on proportionality, case management, and judicial discretion.
3. Comparative Law Perspectives:
   • Contrasts civil law and common law systems.
   • Explores hybrid procedural solutions and lessons from international experience.
4. Technological Innovation:
   • Role of electronic filing, video hearings, and digital evidence.
   • Concept of secondary orality: oral communication mediated by technology.
5. Customary and Historical Examples:
   • The Valencian Tribunal de las Aguas serves as a living model of oral, efficient, and culturally grounded civil justice.
6. Judicial Principles:
   • Orality, concentration, publicity, authority, simplicity, enforceability, integrity of judges, community legitimacy.

Notable Case Study – Tribunal de las Aguas

• Historical roots: Established 13th century, continuous operation for over 800 years.
• Procedural characteristics:
  • No formal written record during proceedings; decisions issued immediately.
  • Judges chosen for integrity and practical knowledge of community water issues.
  • Public hearings, concentrated arguments, oral evidence, rapid adjudication.
  • Enforcement via social compliance, minimal administrative intervention.
• Significance: Demonstrates principles of procedural efficiency, fairness, community legitimacy, and minimal reliance on formal documentation.