HCCH a|Bridged e-Service
From December 2021 – June 2022, the team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law organizes an online seminar series dedicated to Trends and Challenges in Costs and Funding of Civil Justice.
The series kicked off on 15 December 2021, with a general session that addressed several topics of access to justice and costs and funding, including collective redress and costs reforms, and a Law & Economics perspective.
The other seminars will zoom in on topics such as legal mobilization in Europe, the impact of Public Interest Litigation on access to justice, third party funding (TPF) in Europe, austerity policies in southern Europe and funding and costs of ADR in civil justice.
You can register for (one or more of) the seminars here.
19 January 2022, 15-17 CET
This second seminar in the series will discuss recent scholarship on legal mobilization at the Pan-European level in the context of EU Migration Law, EU Data Protection Law, and European Human Rights Law.
Lisa Harms (University of Münster) - Human rights advocacy and the transnational regulation of religion: The case of Muslim legal mobilization
Lisa Harms will focus on the case of Muslim legal mobilization at the ECtHR and present quantitative data collected regarding the legal mobilization of religious groups at the ECtHR as well as in-depth interviews conducted with litigants and their supporters.
Virginia Passalacqua (Utrecht University) - Legal mobilization via preliminary references: the case of migrant rights
Virginia Passalacqua will discuss how the EU Court of Justice became a central venue for migrant rights defenders that increasingly rely on the preliminary reference procedure to challenge national anti-migration policies. However, legal mobilization varies greatly among Member States: some countries make multiple references and others make none. Virginia Passalacqua’s presentation will shed light on the factors that facilitate or hamper legal mobilization for migrant rights before the EU Court.
Sanja Badanjak (University of Edinburgh) - Constitutional review as an opportunity structure for legal mobilization in the EU
Sanja Badanjak will discuss how constitutional complaints offer routes through which citizens’ mobilization in defence of their rights may be realized. In the EU, this can be used to voice opposition and change EU law via the preliminary reference procedure. However, this also requires further consideration of cross-country variation in citizens’ access to constitutional litigation.
Published: December 12, 2019
On 11 December, Xandra Kramer and Emma van Gelder participated in the HCCH a|Bridged Edition 2019 held at the Peace Palace in the Hague. The conference evolved around innovation in cross-border litigation and civil procedure, focusing on the HCCH Service Convention in the era of electronic and information technology.
Emma presented within the Panel ‘The Prism: The Tech Battle for e-Service’. Her topic was distributed ledger technology (DLT). She first briefly explained what DLT is. Subsequently, she explained how DLT could support and improve the operation of the HCCH Service Convention, touching upon benefits as efficiency, transparency and the mitigation on the dependence of an intermediary. After setting out the benefits, she presented several challenges of DLT touching upon challenges as lack of an international legal framework and legal standards, scalability challenges and the digital divide.
Xandra chaired the Open Lab panel, involving an academic examination of the operation of the Service Convention in the world of tomorrow and a discussion with the audience. Xandra’s presentation focused on the achievements of the Service Convention, as one of the most successful Conventions. She highlighted problems encountered in the EU context extrapolated to the global level as well as the tension between the required efficiency to improve access to justice and the need for protecting other fundamental rights, including the right to be heard, privacy and security in the digital context. She addressed the question in how far the Convention would need amendment, considering the principle of functional equivalent, and the need for an overarching instrument on digital judicial cooperation.