Forum shopping

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Under forum shopping ( Engl. , Literally. "Court-shopping") refers to the systematic exploitation of parallel competences to certain legal or actual benefits sake. In some post-colonial states, where a situation of legal pluralism prevails due to a collision of imported European law with the simultaneous continuation of socio-culturally traditional legal mechanisms , it functions as part of social normality.

International civil procedure law

The prerequisite for forum shopping in international civil procedure law is that different courts have competing international jurisdiction . Forum Shopping is most likely to be successful when the legal provisions applied by the courts in question are different. This always applies to the applicable procedural law (which can be relevant, for example, in the event of difficulties in providing evidence), as courts use their home law ( lex fori ) for this. The applicable substantive law can also differ if the IPR rules of different countries diverge. In the EU, this is due to the area exception for personal rights violations in accordance with Art. 1 Para. 2 lit. g Rome II Regulation is the case.

Forum shopping for online crimes

Forum shopping can be used in particular in the case of unauthorized acts on the Internet (e.g. insults, infringements of intellectual property). Due to the worldwide availability, according to the international private law of most countries there is a place of success in Germany, which determines both the place of jurisdiction and the applicable law. Even within Germany, the so-called flying jurisdiction enables forum shopping for such offenses.

In Germany, press law is largely judge law , so that the choice of place of jurisdiction can be a preliminary decision on the procedure. The specialist lawyer for copyright and media law Markus Kompa comments: "Anyone who wants the highest compensation can file a lawsuit in Berlin , although the Kachelmann decision could make Cologne more attractive. Those who are looking for the quickest possible omission will also be well served in Cologne - the best In Hamburg , however, there is still a chance of an injunction ".

Criminal law

Forum shopping is particularly problematic in criminal law . If, according to Sections 7-9 of the Code of Criminal Procedure, several courts have local jurisdiction, the public prosecutor or the private prosecutor has the choice of which of these courts he wants to bring charges against. Whether this constitutes a violation of the right to the legal judge under Article 101, Paragraph 1, Sentence 2 of the Basic Law is disputed.

Forum shopping can also take place within the framework of international criminal law and in particular the European arrest warrant .

Web link

Article in time on the topic

literature

International civil procedure law

Individual evidence

  1. ^ Haimo Schack : International Civil Procedure Law . 4th edition. CH Beck, Munich 2006, ISBN 3-406-54833-4 , Rn. 221.
  2. ↑ see Emo Gotsbachner: Informal law. Politics and Conflict of Normative Orders . Lang: Frankfurt / M., 1995, pp. 121-126
  3. ↑ Keebet from Benda-Beckmann. Forum Shopping and Shopping Forums: Dispute Processing in a Minangkabau Village in West Sumatra. in: Journal of Legal Pluralism 19 (Groningen 1981) pp.117-163
  4. ↑ Constantin van Lijnden : Press law: Flying judges . In: Die Zeit , July 20, 2016. 
  5. ↑ Meyer-Goßner, StPO, 53rd edition 2010, before Section 7 marginal no. 10
  6. ↑ Meyer-Goßner, StPO, 53rd edition 2010, before Section 7 marginal no. 10 with evidence for both items
  7. ^ Wasmeier, The European Arrest Warrant before the Federal Constitutional Court , ZEuS 2006, 23 (35)