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Civil Justice Between Efficiency and Quality

Civil Justice Between Efficiency and Quality
Author: C. H. van Rhee
Publisher:
Total Pages: 0
Release: 2008
Genre: Civil law
ISBN: 9789050958028

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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 no longer the case. 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 September 18, 2002 by the Council of Europe. The mandate of the CEPEJ is to analyze 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, alternative dispute resolution, 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 organization of efficient civil justice systems has become a feasible option for national legislatures.


Simplification and Acceleration of Civil Justice in Europe

Simplification and Acceleration of Civil Justice in Europe
Author: Anna Nyilas
Publisher: LAP Lambert Academic Publishing
Total Pages: 316
Release: 2011-12
Genre:
ISBN: 9783846505144

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The book focuses on legal instruments that promote simplification of the process and timely completion of the lawsuit in the first instance civil procedure. It observes the changes of traditional principles in the pursuit of efficient and high quality court procedures. Results of a research conducted from 2007 to 2010 are presented. Civil procedures of multiple jurisdictions are covered, including the most "influencing" English, French and German procedures and specific procedural regulations in Austria, the Netherlands and Hungary - the latter used as a basis of reflection, as the "native" procedure of the author. Small claims procedures are interpreted as one significant way of providing access to justice by keeping judicial resources and procedural costs moderate while providing a well-established judgment with all its effects and enforceability. A balance of parties' rights and managing powers of the judge together with the principle of cooperation guaranteed by explicit procedural liabilities in the law may lead to an effective and just system of civil litigation. The book should help gain insight into efficiency issues in civil justice for lawyers or anyone interested.


Civil Litigation in China and Europe

Civil Litigation in China and Europe
Author: C.H. (Remco) van Rhee
Publisher: Springer Science & Business Media
Total Pages: 356
Release: 2013-12-03
Genre: Law
ISBN: 9400776667

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This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.


Transformation of Civil Justice

Transformation of Civil Justice
Author: Alan Uzelac
Publisher: Springer
Total Pages: 420
Release: 2018-09-03
Genre: Law
ISBN: 3319973584

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National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.


A Handbook for Measuring the Costs and Quality of Access to Justice

A Handbook for Measuring the Costs and Quality of Access to Justice
Author: Martin Gramatikov
Publisher: Maklu
Total Pages: 98
Release: 2010
Genre: Law
ISBN: 9046603121

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This handbook was developed by the Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (The Netherlands). It offers practical information on the use of a methodology for measuring the cost and quality of paths to justice, from the perspective of users. How do clients of justice systems like the way in which their needs and concerns are voiced? Do they feel they received sufficient information about the procedure? Do they think the outcome was fair and did it help to solve their problem? Do they think the procedure was a value for their money? How much time did they spend? This methodology provides answers to such questions so that citizens using the justice system can voice their needs and providers of justice services can improve their processes.


Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
Author: Alan Uzelac
Publisher: Springer Science & Business Media
Total Pages: 262
Release: 2014-01-11
Genre: Law
ISBN: 331903443X

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This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.


Judging Civil Justice

Judging Civil Justice
Author: Hazel G. Genn
Publisher: Cambridge University Press
Total Pages: 229
Release: 2010
Genre: Law
ISBN: 0521118948

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A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.


On Judicial Management from Comparative Perspective

On Judicial Management from Comparative Perspective
Author: Loic Cadiet
Publisher: Springer Nature
Total Pages: 283
Release: 2023-10-16
Genre: Law
ISBN: 9811986738

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This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.


The Costs and Funding of Civil Litigation

The Costs and Funding of Civil Litigation
Author: Christopher Hodges
Publisher: Bloomsbury Publishing
Total Pages: 580
Release: 2010-11-17
Genre: Law
ISBN: 1847316158

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This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010 This title is included in Bloomsbury Professional's International Arbitration online service.


Elgar Encyclopedia of Comparative Law, Second Edition

Elgar Encyclopedia of Comparative Law, Second Edition
Author: J. M. Smits
Publisher: Edward Elgar Publishing
Total Pages: 1025
Release: 2012-01-01
Genre: Law
ISBN: 1781006105

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Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.