# kaal:claim:617681-031

**Claim.** Because the judiciary in many European jurisdictions is a specialized career entered shortly after university and without significant private practice experience, European judges lack the practice background that facilitates learning to adjudicate complex corporate disputes.

**Type.** failure  **Support.** argued

**Holds when.**

- most EU Member States other than the United States model of lateral judicial appointment

**Source quote.**

> the judiciary is a specialized career that one enters shortly after university training and without significant experience in private practice. Lack of practice experience does not facilitate learning how to adjudicate disputes arising out of complex corporate transactions.

**From.** Christian Kirchner, Richard W. Painter, Wulf A. Kaal, *Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro* (2004), D.II.4 Incomplete Information About the Learning Process for Judges, page 34

**Cite as.** Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

**Verify.** sha256 of source PDF `e142130507ea2f5b025fd97b3f762d44ee3a7aaa82b155aab63434b85e8fd834` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kirchner%20et%20al.%20-%202004%20-%20Regulatory%20Competition%20in%20EU%20Corporate%20Law%20after%20Inspire%20Art%20Unbundling%20Delaware%27s%20Product%20for%20Euro.pdf

**Failure mode.** judicial-learning-deficit  (family: supervisory-capacity-gap)

**Topics.** institutional-design

**Keywords.** judicial-expertise, learning-process, career-judiciary, adjudication

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