The labour law Moot Court takes place every two years at the Federal Labour Court in Erfurt and was held for the eighth time in Erfurt on 16 January 2020. The Moot Court is a competition in which law students assume the roles of counsel for the respective parties in a simulated trial based on a prescribed fictional case. They must argue their legal position and defend it against critical questions from the judges. At the labour law Moot Court, the hearing takes place before “panels” consisting of three Federal Labour Court judges in the preliminary and semi-final rounds and five in the final. The aim of the Moot Court is to promote rhetoric and extemporaneous speaking and to familiarise aspiring lawyers with the demands of everyday professional practice. It is therefore part of a practice-oriented legal education.
The number of participants is limited to 32 teams. Teams can be registered by all labour law chairs in Germany. After registration, the teams receive the case to be worked on and are assigned the role of claimant or respondent. They must then draft a written submission setting out the grounds for the prescribed application of their respective party. All teams that submit a written pleading are invited to the oral hearing in Erfurt, where they compete in pairs in a preliminary round comprising four groups of eight teams each. This year's case concerned questions surrounding the validity of a dismissal based on suspicion and a possible claim to reinstatement if the grounds for suspicion underlying the dismissal were dispelled after the court decision had become final.
Photo from left to right: Prof. Dr Monika Schlachter, Jana Hagenmüller, Laura Christen, Thomas Lehnart and Alexander Schneider
The IAAEU team, consisting of Laura Christen, Jana Hagenmüller and Verena Moll, was supported throughout the preparation period and on site by IAAEU research associates. First, a written submission was prepared, which had to be submitted to the Federal Labour Court by early December. The next step was to prepare for the simulated hearing. To gain as much practical experience as possible, a mock hearing was first held with the team from Professor Raab's chair at the IAAEU. In the week before the actual Moot Court, a “dress rehearsal” was held before the Rhineland-Palatinate Higher Labour Court in Mainz, where the two teams competed against each other and had the opportunity to respond to the court's questions. Following successful preparation, the Moot Court took place in Erfurt on 16 January 2020. The IAAEU team gave a convincing performance and was praised by the presiding judge after the hearing. Both the written submission and the team's appearance before the court impressed the judges. Unfortunately, the team did not advance, having been narrowly eliminated by the eventual winners of the Moot Court.
The number of participants is limited to 32 teams. Teams can be registered by all labour law chairs in Germany. After registration, the teams receive the case to be worked on and are assigned the role of claimant or respondent. They must then draft a written submission setting out the grounds for the prescribed application of their respective party. All teams that submit a written pleading are invited to the oral hearing in Erfurt, where they compete in pairs in a preliminary round comprising four groups of eight teams each. This year's case concerned questions surrounding the validity of a dismissal based on suspicion and a possible claim to reinstatement if the grounds for suspicion underlying the dismissal were dispelled after the court decision had become final.
Photo from left to right: Prof. Dr Monika Schlachter, Jana Hagenmüller, Laura Christen, Thomas Lehnart and Alexander Schneider
The IAAEU team, consisting of Laura Christen, Jana Hagenmüller and Verena Moll, was supported throughout the preparation period and on site by IAAEU research associates. First, a written submission was prepared, which had to be submitted to the Federal Labour Court by early December. The next step was to prepare for the simulated hearing. To gain as much practical experience as possible, a mock hearing was first held with the team from Professor Raab's chair at the IAAEU. In the week before the actual Moot Court, a “dress rehearsal” was held before the Rhineland-Palatinate Higher Labour Court in Mainz, where the two teams competed against each other and had the opportunity to respond to the court's questions. Following successful preparation, the Moot Court took place in Erfurt on 16 January 2020. The IAAEU team gave a convincing performance and was praised by the presiding judge after the hearing. Both the written submission and the team's appearance before the court impressed the judges. Unfortunately, the team did not advance, having been narrowly eliminated by the eventual winners of the Moot Court.
