Civil Justice between Efficiency and Quality: From Ius Commune to the CEPEJ

For a long time, civil justice was considered to be a purely national, conservative, and slow-changing topic. The texts collected in this book supply proof that this is not the case anymore. These papers discuss civil justice from a European angle, concentrating on the age-old dichotomy between quality and efficiency.
Editor(s):
C.H. van Rhee, Alan Uzelac
Series:
Ius Commune Europaeum
Volume:
74
book | published | 1st edition
May 2008 | xvi + 270 pp.

Paperback
€57.-


ISBN 9789050958028


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Details

For a long time, civil justice was considered to be a purely national, conservative, and slow-changing topic. The texts collected in this book supply proof that this is not the case anymore. These papers discuss civil justice from a European angle, concentrating on the age-old dichotomy between quality and efficiency. One of the developments that has triggered civil justice to become an international discipline is the establishment of the European Commission for the Efficiency of Justice (better known by the acronym of its French name, the CEPEJ) on 18 September 2002 by the Council of Europe. The mandate of the CEPEJ is to analyse the results of the various judicial systems of the Member States of the Council of Europe, to identify the difficulties these systems encounter, to develop concrete ways to improve them, and to evaluate the functioning of these systems. Various papers in this volume address the CEPEJ and its work, as well as other issues of civil procedure in Europe, such as legal aid and ADR and the influence of European developments on the reform of national civil justice systems. Consequently, the book provides an overview of the most recent ideas and developments in the field of civil justice. These ideas and developments show that although the values of the old tradition of European ius commune are still alive, they have been modified and expanded to such an extent that the organisation of efficient civil justice systems has become a feasible option for national legislatures.

Chapters

Table of Contents (p. 0)

Introduction (p. 1)

Bibliography (p. 6)

CIVIL PROCEDURE – IMPROVING THE EFFICIENCY AND QUALITY OF NATIONAL JUSTICE SYSTEMS IN EUROPE

Judicial Systems in Europe Compared (p. 7)

Efficiency and Justice in Procedural Reforms: The Rise and Fall of the Oral Hearing (p. 29)

Dutch Civil Procedure: Reform and Efficiency (p. 47)

Improving the Efficiency of Civil Justice: Some Remarks from an Austrian Perspective (p. 61)

Reforming Mediterranean Civil Procedure: Is there a Need for Shock Therapy? (p. 71)

CASE MANAGEMENT – EFFICIENCY THROUGH BETTER ORGANISATION OF JUDICIAL PROCEEDINGS

Case Management: Procedural law v. Best Practices (p. 101)

Improving Case Progression and Efficiency in the Commercial Court of Zagreb (p. 131)

LEGAL AID AND ACCESS TO COURT – EFFICIENT JUSTICE FOR ALL USERS

How to Use an International ‘Best Policy’ Model in the Analysis and Improvement of Finnish Legal Aid (p. 149)

EU Trends in Access to Justice (p. 189)

Formal Rules in Civil Procedure and Access to Justice: Striking a Balance between Excessive Formalism and ‘Anything goes’ (p. 207)

Legal Aid under the Case Law of the European Court of Human rights with Specific Regard to Croatia (p. 217)

MEDIATION – EFFICIENCY THROUGH ALTERNATIVE DISPUTE RESOLUTION

Mediation and Employment Disputes: European Traditions and Global Pressure (p. 229)

ADR Italian Style: Panacea or Anathema? (p. 249)

POST SCRIPTUM – HISTORY OF CIVIL PROCEDURE

The Procedural Ius Commune as a Source of Contemporary Law: A Croatian Example in a European Context (p. 255)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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