Mr. Christoph FRANK
Attorney General
President of the German Association of Judges and Public Prosecutors

1. As President of the German Association of Judges and Public Prosecutors, could you tell us what are the major current European or international issues that are of concern to your members today?

The German Association of Judges more and more often, in articulating its positions, engages in the review of the legislative proposals of the European Union. Recently, the German Association of Judges presented its position on the Green Paper dedicated to European contract law and in response to the EU consultation on collective redress. We have made it clear that the introduction of European contract law can have meaning only if it is supported by a legally transparent and understandable system for the citizens.  In this case, a sample reference to codified law of the countries of continental Europe would be very welcome. In addition, we have recently stated our opposition to the continued implementation of class actions at the European level.  The class action pending in the United States since 2001 against Wal-Mart shows that class actions are not very effective in legal practice.

2. Your institution has partnered in the drafting of the joint brochure describing the benefits of continental law, which followed an earlier initiative undertaken by the legal profession in Germany to launch a brochure entitled “Law Made in Germany”. Can you identify the reasons which have led German judges to associate themselves with these initiatives and what is their point of view?

The Association of German Judges, which is one the five founding members of the Alliance for German law, takes part in the promotion of German and continental law.  Within the framework of the global competition between legal systems, it is always necessary to underline the advantages of the continental legal systems. It is in this context, in cooperation with the Fondation pour le droit continental, that the joint leaflet “Continental law” has been drafted which sets forth the advantages of the continental law legal systems. The requests that have been flowing in from different countries to translate the Franco-German brochure into their language serves as proof that continental law is very well prepared for this competition.  The effective constructs of countries endowed with a continental legal system need to find resonance throughout Europe. This is why they are supported by the Association of German Judges, as well as by the Alliance for German law.  I can easily imagine that this jointly drafted brochure on continental law will be further buttressed by the inclusion of other examples of cases flowing from countries having a continental law tradition.

3.  You sit on the board of the Fondation pour le droit continental under the auspices of the German Foundation for International Legal Cooperation (IRZ).  Can you tell us how the experience of the Foundation from the point of view of German jurists has inspired you?

As a member of the German judiciary, what strikes me is that the Fondation has developed an approach that is influenced by the economy such as the close ties between the law and the economy that exist in France. We must point out, in particular, the work done by the Fondation in assessing the contribution of the justice system to the overall economic development in determining the role it plays in the development of the gross domestic product.  It is by means of such a quantification of the importance of the justice system that we are better able to impart the usefulness of the justice system within the framework of a policy that is based on indicators.  I would like for the same approach to be taken for the German justice system as regards legal activity in Germany.  I am certain that the German justice system contributes not only to the industrial peace within society, but that it also makes a major contribution to the economic development of the country.


 A Green Paper is a statement issued by the European Commission on a specific policy area. These are mainly documents addressed to interested parties, organizations and interested individuals which are invited to participate in a process of consultation and debate. In some cases, the Green Paper gives the impetus required to launch a legislative procedure.