In comparative law, it has been gradually expressed the need for
more active judge and that the judge should have been administered
with wide powers. Today, in Anglo-American law, which the party
control and the concept of passive judge is more in place, it has
been accepted that the judge should take an active role in the
judgment for the purpose of accelerating the speed of the justice.
Barriers to access to justice and the slow process of the
litigation are common hurdle of diverse legal systems. In
comparative law, new legislation has been introduced to overcome
these obstacles where the case management has become a part of them
as a new procedural concept. New English Civil Procedure Rules have
empowered the judge with some authorities under the case management
powers and the activity of the judge has been strengthened. Similar
to English law, some of the common law states such as US and
Australia do also apply case management rules.
Case management is the beginning phase of the case in which the
judge prepares the plan of the trial and determines the future
course of the action together with the parties. Judge, in this
phase, would prepare the plan of the trial with time schedules and
ensure that the action becomes ready for the trial.
Under Turkish Law, there is any pre-trial phase as similar to
Anglo-American Law. One of the reasons for this is that the Turkish
Civil Procedure system is based on written procedure in general
terms. Under the current system, court conducts its review
primarily on the procedural issues. When a case is filed, Court
initially would start its examination to determine whether any
estoppels exist and if there is any, it would dismiss the case on
procedural grounds. If there is no obstacle on the procedural
aspect, the court would get into the merits of the case and render
a decision on the merits. There are no phases in the trial in terms
of gathering the evidence.
A draft law on Civil Procedure has been prepared recently in
parallel to the development in comparative law. In the draft law,
trial is divided into two phases, namely pre-examination and
hearing on the merits. Thus, it is being aimed to have collected
all statements and evidence in the pre-trial phase and have the
Court decide on the merits at the second phase of the trial. Given
the growing workload of the courts everyday, the severity of the
case management is becoming more important. If the bill is enacted
after getting into the agenda of the Parliament, trial process
could be speed up in line with the provisions regarding
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