Revisiting Procedural Human Rights

Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view.
Alan Uzelac, C.H. van Rhee
Ius Commune Europaeum
book | published | 1st edition
June 2017 | xviii + 337 pp.



ISBN 9781780685335

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ISBN 9781780687346

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The idea of human rights as fundamental rights of every person is certainly one of the most powerful ideas of our modern age. Since the American and French revolutions, human rights have been the strongest link between law and democracy. They have played a crucial role when defining notions of constitutionalism and the rule of law.

While some human rights have been made famous in national mottos such as the French liberté, égalité et fraternité, other human rights have not attracted such attention. Generally, substantive human rights have been discussed and appreciated more than procedural human rights. Yet, without an effective and well-balanced set of procedural rights, the substantive rights and freedoms of almost any person or business would not enjoy effective protection before the courts of law.

Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view. While some previous studies focused on Northern Europe, many of the authors in this book come from Southern and Eastern Europe, areas where a common understanding of procedural human rights may be an even more pressing necessity.

Table of Contents


Revisiting Procedural Human Rights. Fundamentals of Civil Procedure and the Changing Face of Civil Justice (p. 1)

The Human Right to accessible and foreseeable justice

The Inconsistency of Case Law and the Right to a Fair Trial (p. 15)

Misgivings about American Exceptionalism: Court Access as a Zero-Sum (p. 53)

Should Fair Trial Rights be Redefined? Civil Litigation as a Societal Discission (p. 77)

Fundamental Procedural Rights from a National Angle

Doing Justice: Chinese Civil Procedure and its Reform (p. 93)

The Presumption of Innocence in Civil Cases (p. 115)

Fighting Recession at the Expense of Access to Justice.The Case of the Croatian Financial Operations and Pre-Bankruptcy Settlement Act (p. 135)

The Right Principles - What Outcome? Fundamental Procedural Rights and their Implementation in Romanian Civil Procedure and Other Legal Systems (p. 157)

What is happening to Fundamental Procedureal Guarentees in the Area of Civil Justice? A View from South Africa (p. 179)

Judicial Reform in Russia and Its Impact on Procedural Human Rights and Access to Justice (p. 195)

Conditions of Admissibility and Access to Justice - A Slovenian Perspective (p. 209)

Wheels of History: Fair Trial Rigths in Historical Perspective

Access to Justice by Means of Arbitration in Roman Law (p. 241)

Civil Procedure Aspects of Retroactivity - Historical and Comparative Perspectives (p. 263)

Equal Justice for All: Empirical and Normative Approaches to Legal Aid and Assistance in Civil and Administrative

The Paradox of Access to Justice - Empirical Research into the Attitude of the Cantonal Judge towards Unrepresented Parties in Dutch Vicil Procedure (p. 285)

Access to Justice in Administrative Cases. An Analysis of Cases of the Zagreb Legal Clinic (p. 307)

Are Financial Burdens Preventing Access to Justice in Southeast European Judicial Systems? (p. 317)

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.

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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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