How Do People Navigate the Maze of the Law?
Jos Hoevenaars was interviewed for the Dutch magazine for the legal profession ‘Het Advocatenblad’ about his insight into the experiences of lawyers who find themselves litigating before the European Court of Justice after their case is referred though a reference for a preliminary ruling. In the interview (freely translated: ‘Court of Justice? Experience Needed!’) he discusses his empirical research among Dutch lawyers and paints a picture of generally overwhelmed professionals scrambling for assistance among EU law scholars, while making the best of their opportunity to plead before the ECJ, often in opposition to a group of well-trained EU law experts appearing on behalf of intervening Member States. His work on the reference procedure highlight the inequality in representation before the ECJ and its potential negative impact on the Court’s caselaw and its national consequences.
Published: March 28, 2019
Xandra Kramer and Christoph Engel (ESL; Max Planck Institute for Research on Collective Goods) presented the results of their vignette study on how laypeople navigate the maze of the law at the Workshop on Experiments at the Crossroads of Law and Economics (organised by the Erasmus School of Law and Erasmus School of Economics) on 27 March 2019. The study aimed to investigate the relevance of legal uncertainty for the decision of laypersons to rely on the legal system as a means for seeking redress.