Tag Archive for: University of Bonn

The Role of Precedents in Final Appeal Proceedings: Germany, Israel, USA — Panel Discussion (On-Site/Remote), Bonn, 20 January 2026, 6 p.m. German time

 

The Regional Hubs Bonn, Cologne and Düsseldorf of the German-American Lawyers’ Association (DAJV), together with the German-Israeli Lawyers’ Association (DIJV), the leading law firm Redeker Sellner Dahs and the University of Bonn, invite to a panel discussion at the Bonn offices of Redeker Sellner Dahs.

Germany has recently introduced a “precedent procedure” (“Leitentscheidungsverfahren”) in the German Code of Civil Procedure (“Zivilprozessordnung”, ZPO). The new legislation, only applicable if the outcome is relevant to a “multitude” (“Vielzahl”) of other proceedings, entered into force on 31 October 2024. On that very day, the German Federal Court of Justice (Bundesgerichtshof) immediately made use of this new tool and elevated to a “precedent procedure” a pending litigation against Facebook on damages for immaterial harm from “scraping” according to Article 82 European General Data Protection Regulation (“Scraping Complex”). This was to ensure that the Court be able to deliver an opinion on the relevant question of law even if the parties were to settle the case meanwhile. In the following, the parties did not settle, and the Court delivered its regular judgment soon afterwards, on 18 November 2024. Since then, the Court has not yet used this tool again, as it seems.

Germany is a civil law jurisdiction where, formally speaking (and leaving some exceptions aside), there are no binding precedents. Yet, there has been a long debate on “persuasive precedents”, i.e. the expectation and practice that lower courts follow the judgments of the Federal Court of Justice (and other highest courts), unless they put forward thorough legal reasoning for departing. A plethora of fundamental and practically relevant questions arises in this context: Do judgments of the courts create “law” or do they merely tell us what the law says that the legislator enacted? What, if any, are the constitutional constraints on judicial development of the law? Is the concept of “persuasive precedents” a satisfactory calibration between rendering justice in the individual case and stability of the legal system? What is the status of an opinion of the German Federal Court of Justice in the new precedent procedure in this context? Why does it only cover cases with relevance to a multitude of other proceedings? Is this “multitude” the same as the relevance of the point in law for a “multitude” of cases to grant access to first and final appeal (“fundamental relevance” [“grundsätzliche Bedeutung”])? What is the role of the three layer appeal system in its entirety in this regard? How does the independence of the judiciary come into play and how does this institutional guarantee relate to available disciplinary measures against “slow” and “ineffective” judges? To what extent do judges tend to discipline themselves by following precedents to promote themselves for higher-ranking posts?

All of these questions are highly relevant in other jurisdictions as well, but they are placed in fundamentally different contexts. Israel is a mixed jurisdiction with elements from common law and civil law. How do the Israeli Supreme Court and the lower courts deal with these issues? What is the law-making role of the Supreme Court in the context of constitutional tradition and practice? Is it advisable to combine the function of final appeal with judicial review of the executive and legislative branches of the state? Is there a particular politicization of final appeal proceedings as well, next to this trend in regard to judicial review proceedings? What effect should the role of precedents have on the procedure of appointing judges to the Supreme Court? Similar questions appear with a view to the United States, but there these questions are placed within a common law context. Having regard to recent decisions of the Supreme Court, how binding is precedent, and when can it be overturned? Also, what is the purpose of the “shadow docket”, and what does its apparently increased use signify in current Supreme Court practice? How important is precedent for the rule of law?

These and other questions will be addressed by a distinguished panel that represents the three jurisdictions and diverse perspectives:

Panelists:

Dr Thomas von Plehwe, Attorney admitted to the Bar of the German Federal Court of Justice (“Rechtsanwalt beim Bundesgerichtshof”), Karlsruhe, Germany.

Professor Barak Medina, The Landecker-Ferencz chair in the study of Protection of Minorities and Vulnerable Groups, Hebrew University Jerusalem, Israel.

Professor Russell A. Miller, J.B. Stombock Professor of Law, Washington & Lee School of Law, Lexington, USA.

Moderators:

RA Professor Dr Peter Andreas Brand, Redeker Sellner Dahs Rechtsanwälte, Berlin Offices.

Professor Dr Matthias Weller, Mag.rer.publ., MAE, Director of the Institute for German and International Civil Procedural Law, Regional Board Member for Bonn of the DAJV.

The venue is Willy-Brandt-Allee 11, 53113 Bonn. Participation is possible on site or via video conference.

We are looking forward to seeing you there!

Registration at sekretariat.weller@jura.uni-bonn.de

Read more

Restituting Nazi-confiscated Art: A Restatement – Conference at the University of Bonn, 4 September 2024, 7 pm, and Talk at the New York University, 16 September 2024, 6 pm

Dear Friends and Colleagues,

Kindly allow us to invite you to two events that mark the completion of a research project carried out at the University of Bonn in respect to the Washington Principles on Nazi-Confiscated Art: The elaboration of a “Restatement of Restitution Rules for Nazi-Confiscated Art“. The formal Closing Event of the Project (proceedings in German language) will take place at the University of Bonn on 4 September 2024 (7:00 p.m.). An international presentation will follow and take place at New York University (NYU) on 16 September 2024 (6:00-8:30 p.m.), organised by the  Center for Transnational Litigation, Arbitration and Commercial Law. Read more

Job Vacancy at the University of Bonn (Germany): Research fellow in International Civil Procedural Law and/or International Commercial Arbitration

 

The Rhenish Friedrich Wilhelm University of Bonn is an international research university with a wide education and research profile. With a 200-year history, approximately 33,000 students, more than 6,000 staff, and an excellent reputation at home and abroad, the University of Bonn is one of the most important universities in Germany and is recognized as a university of excellence.

The Institute for German and International Civil Procedure is looking for a highly skilled and motivated PhD candidate and fellow (Wissenschaftliche/r Mitarbeiter/in) to work in the fields of International Civil Procedural Law and/or International Commercial Arbitration on a part-time basis (50%) to start as soon as possible.

 

(c) Volker Lannert / Universität Bonn

 

Responsibilities:

  • Supporting research and teaching on Private International Law, International Civil Procedure and/or International Commercial Arbitraiton as well as German civil law (required by the Faculty, therefore an excellent command of German and profound knowledge of German civil law equivalent to the “First State Examination” is mandatory)
  • Teaching obligation of two hours per week during term time (Semester)

Your Profile:

  • You hold the First or Second German State Examination in law with distinction (or its international equivalent)
  • If possible, you already had contact with International Civil Procedure Law and/or Commercial Arbitration Law
  • You are interested in the international dimension of private law, in particular International Civil Procedural Law, and/or International Commercial Arbitration
  • Excellent command of the English language (next to German)
  • You are commited, flexible, team-oriented and interested in further professional development opportunities

We offer:

  • Varied and challenging assignments with one of the largest employers in the region
  • Opportunity to conduct your PhD or research project (according to the Faculty’s regulations) under the supervision of the Director of the Institute Prof Dr Matthias Weller, Mag.rer.publ., MAE
  • Occupational pension scheme (VBL)
  • Numerous offers of the University Sports Programme (Hochschulsport)
  • Easy access to the public transport system and direct road link to the Autobahn due to the central location in Bonn as well as the possibility to use inexpensive parking facilities
  • Flexible working hours; remote working options are available
  • Renumeration according to German public service salary scale E-13 TV-L (50%); initial contract period is one year at least and up to three years, with an option to be extended.

 

The University of Bonn is committed to diversity and equal opportunity. It is certified as a family-friendly university. Its goal is to increase the proportion of women in areas where they are underrepresented and to particularly promote their careers. It therefore strongly encourages applications from relevantly qualified women. Applications are handled in accordance with the State Equal Opportunity Act. Applications from suitable persons with proven severe disabilities and persons treated as such are particularly welcome

If you are interested in this position, please send your application (cover letter in German; CV; and relevant documents and certificates, notably university transcripts and a copy of the German State Examination Law Degree) to Prof Dr Matthias Weller (weller@jura.uni-bonn.de).

For additional information, please refer to the attached pdf document (in German) or visit the Institute’s homepage.