How do European civil-law courts use early judicial supervision to clarify disputes?

In European civil-law systems, early judicial supervision is a fundamental component of the preparatory stage, where the judge acts as an active guide to ensure a just and efficient resolution of the dispute. Unlike common-law systems, where parties bear the primary responsibility for shaping litigation, civil-law judges are empowered to actively manage the proceedings from the outset.1

Courts utilize this supervision through several key methods:

• Preparatory Hearings: Judges use one or more preliminary hearings to narrow the issues in dispute, organize evidence, and encourage settlement. In countries like France, a specialized prehearing judge is assigned to set time limits for pleadings and ensure all necessary documents are filed before the main hearing.23
• Procedural Guidance: Judges are often required to guide the proceedings by directing the parties to focus on specific points of fact or law. This helps clarify the core issues and ensures the case is prepared for an immediate decision.12
• Active Investigation: The judge may function as an investigator, questioning parties and witnesses to clarify factual matters. In some jurisdictions, evidence may even be received during these preliminary phases rather than waiting for the main hearing.143
• Sanctions: To prevent delays, judges may penalize dilatory parties by issuing default judgments or striking cases from the calendar.2