Rapporteur

Definition and general significance of the rapporteur

The term “rapporteur” denotes in a legal context a person or body entrusted—with respect to committees, courts, authorities, or parliamentary bodies—with the task of identifying, preparing, and presenting facts and decision-making bases in a structured manner to the respective panel or a higher authority. By preparing and evaluating the relevant facts and legal issues, the rapporteur provides substantial assistance in making decisions.

In procedural and legislative contexts, the term holds central importance, as the role systematically contributes to decision-making and supports the formation of opinions. The role of rapporteur is established in various areas of law and anchored in different procedural rules.

Rapporteur in case law

Rapporteur in courts

In judicial proceedings, the rapporteur is a member of the adjudicating body entrusted with preparing the disputed facts and legal issues for the court’s decision. The specific configuration of this role varies depending on the type of court and procedural rules.

Appointment and duties

• District Courts, Regional Courts, Higher Regional Courts: In most cases, the allocation of duties plan assigns a rapporteur to each proceeding. This person is responsible for handling the case files, recording the facts, and preparing a recommendation.
• Duties: The main duties include factual and legal analysis of the case, preparing a draft judgment or decision proposal, and reporting to the adjudicating body during the oral hearing.

Significance in civil proceedings

According to § 522, para. 1 German Code of Civil Procedure (ZPO), and § 540 ZPO, a rapporteur is appointed in civil proceedings to present the essential results of the proceedings and prepare a draft decision for the adjudicating body. In doing so, the rapporteur especially evaluates the arguments of the parties from a factual and legal perspective.

Role in criminal proceedings

In criminal procedure law, for example, § 194 Courts Constitution Act (GVG) provides for the appointment of a rapporteur by the chair of the adjudicating body, who is tasked with preparing a comprehensive report on the facts and evidence and formulating a decision proposal.

Rapporteur in legislation

Rapporteur in parliaments and committees

In parliamentary work, rapporteurs assume a key function in preparing and overseeing legislative procedures. Within the respective parliamentary groups or committees, they are responsible for specific topics or legislative proposals.

Duties profile

• Preparation of reports: The rapporteur structures the factual and legal situation, outlines the processing status, and formulates recommendations for resolutions for parliament or the committee.
• Representation of the position: In bodies and in plenary sessions, the rapporteur represents the position, the report, and the recommendation for resolution to the other members.
• Coordination: Coordination with other committees and communication between parliamentary groups are among the rapporteur’s responsibilities.

Legal bases

The regulations governing the duties of the rapporteur derive from the rules of procedure of the respective parliament, the procedural rules of the committees, and other organizational regulations.

Rapporteur in European law

European Parliament

In the European Parliament, the term refers to a Member of Parliament appointed by the responsible committee to prepare a report on a legislative act or political initiative. The rapporteur plays a key role in drafting parliamentary resolutions, recommendations, or legislative decisions.

Procedural process

According to Article 51 of the Rules of Procedure of the European Parliament, the committee appoints a rapporteur who drafts a report on behalf of the committee. This contains a draft resolution or legislative recommendation as well as any proposed amendments.

Responsibilities

The rapporteur coordinates work on the respective dossier, negotiates with shadow rapporteurs of other parliamentary groups, and presents the Parliament’s position to the Council and the Commission.

Rapporteur in administrative procedures

In administrative procedures, the rapporteur—such as within opposition committees—assumes an information and evaluation function. They examine the factual and legal position and formulate a recommendation for decision for the deciding body.

Procedural position

Independence and obligation

The rapporteur is, in principle, independent and bound only by the law. He or she must present the facts impartially and prepare any recommendations objectively. A rapporteur is required to take into account all relevant circumstances and interests comprehensively.

Collegial responsibility

Decision-making authority always remains with the collective body (senate, chamber, committee). The rapporteur’s submission forms the basis, but is not binding for the resolution.

Legal qualification and scope of the term

The term “rapporteur” does not have a narrow meaning restricted to a specific type of procedure. Rather, the rapporteur is characterized by a function based on special knowledge of the file, the facts, and the relevant regulations, acting as a preliminary decision-maker in the respective decision-making process.

Further reading and sources

• Code of Civil Procedure (ZPO), in particular §§ 312, 522, 540
• Courts Constitution Act (GVG), § 194
• Rules of Procedure of the German Bundestag, §§ 70 et seq.
• Rules of Procedure of the European Parliament
• Administrative Procedures Act (VwVfG)
• Commentary on the ZPO, Munich Commentary, Volume 2
• Commentary on the GVG, Löwe-Rosenberg

Summary

In the legal context, the rapporteur is a vital link between fact-finding, legal analysis, and collegial decision-making. They systematically process the relevant information to facilitate such decisions and propose recommendations, but remain at all times bound by the law and the principle of impartiality. The precise design of the role varies depending on the applicable procedural rules and the specific requirements of the respective bodies.

Frequently Asked Questions

When is a rapporteur active in legal proceedings?

A rapporteur is primarily engaged in legal proceedings within collegiate decision-making bodies, such as courts with multiple judges, parliamentary committees, or panels. In judicial proceedings, for example, the rapporteur is designated by the chair of the adjudicating body and assumes responsibility for thoroughly preparing the respective case. The rapporteur analyzes the files, compiles the facts and procedural history, and facilitates decision-making by preparing drafts and recommendations. Their work usually begins once the proceedings are pending before the body and continues until the final decision. In the parliamentary context, for instance, the rapporteur acts as an intermediary between the committee and the plenary by reporting on the results of deliberations. The rapporteur always operates within the applicable procedural rules, and their activity can be clearly distinguished in terms of time and content from the activities of the chair and other members of the decision-making body.

What duties does the rapporteur assume in judicial proceedings?

The rapporteur assumes a variety of significant legal duties in judicial proceedings. Their primary responsibilities include thorough fact-finding and evaluation of the files in compliance with all relevant procedural rules, such as §§ 276, 331 ZPO in civil proceedings. They are responsible for grasping the content of the court files, identifying disputed and undisputed points, and providing the colleagues with a structured and legally prepared overview. The rapporteur also submits proposals for decisions, drafts judgments, and informs other judicial members about the status and suggestions for deciding the case. In oral proceedings, the rapporteur typically delivers the initial pleadings and answers questions from other members, while maintaining neutrality and objectivity at all times. Furthermore, the rapporteur is decisively involved in drafting judgments or decisions.

Is the rapporteur subject to directives?

Within the scope of their duties, the rapporteur is generally not subject to instructions from parties or other participants in the proceedings, but acts independently and on their own responsibility. However, their activity is integrated into the collegiate principle, which means that they are subject to the collective decision-making of the panel or adjudicating body. Thus, judicial decisions are always made by the collective body (such as the chamber or the senate), not by the rapporteur alone. The content of the rapporteur’s reports and proposals is nevertheless often used as a basis for decisions. Substantive directives from external sources are legally excluded, although formal requirements may be imposed by the chairperson, such as regarding procedure or scheduling of reporting obligations.

What rights does the rapporteur have during the proceedings?

The rapporteur has certain rights during the proceedings, protected by law and by rules of procedure. For example, they are entitled to access all relevant files and evidence, to propose further taking of evidence, and to participate in the structuring of the procedure. Their right to inform the adjudicating body is particularly significant, as it allows them to report and submit their own legal assessments prior to deliberations or hearings. The rapporteur often has the right to be the first to present the facts and legal issues to the body and to ask questions to the parties. In parliamentary contexts, they may exercise the right to speak before the plenary or with the committees. On the basis of these rights, the rapporteur contributes significantly to informing and preparing the other members of the body.

What significance does the rapporteur have in appeal or higher instances?

In appeal or higher instances—such as appellate or cassation proceedings—the rapporteur has particular importance, as they review the often complex files of the lower instances, assess the admissibility and merits of the appeal, and summarize the essential procedural aspects for the deciding court or panel. For this purpose, the rapporteur prepares detailed reports and proposals for decisions, which assist the panel in gaining a structured overview of the entire proceedings. The role of rapporteur is especially significant in extensive or legally complex cases, as they ensure that no decision-relevant aspects are overlooked and that the procedure meets both substantive and procedural requirements. In this context, they also act as a safeguard to ensure compliance with formal and procedural requirements.

How are rapporteurs selected and appointed?

The selection and appointment of the rapporteur is governed by the internal rules of the respective court, panel, or body. Commonly, this responsibility lies with the chair of the adjudicating body or with the relevant committee chairperson, who appoints an appropriate rapporteur in accordance with the distribution of duties and any special responsibilities. Ideally, professional expertise, experience, and the workload of potential candidates are taken into account. In some cases, the appointment may be by lot or according to established rotation principles. The appointment is not subject to judicial review, i.e., it generally cannot be contested by parties to the proceedings. The exact designation must be recorded in the file. In exceptional cases—e.g., in the event of bias or unavailability—a change of rapporteur may be necessary, in which case formal procedural rules must also be observed.

What special role does the rapporteur play in international court proceedings?

In international court proceedings—such as before European or international courts (e.g., the Court of Justice of the European Union or the International Criminal Court)—the rapporteur assumes an additional mediating role. They are responsible for taking into account different legal traditions, languages, and intercultural particularities, and for thoroughly preparing the file situation in accordance with the respective procedural regulations. Their role in these cases often includes coordinating translation services and mediating complex legal issues among members from various legal systems. Additionally, in international proceedings the rapporteur regularly prepares reports and proposals that serve as the basis for draft judgments and are often published to ensure transparency and comprehensibility. Their work is thus a central element for ensuring a fair, transparent, and legally secure procedure at the international level.