Presentations at seminar ‘The Democratic Courthouse?’
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: October 1, 2019
On 27 September the VSR and the ESL-research programme ‘Rethinking the Rule of Law’ organised a socio-legal seminar at the Erasmus University Rotterdam. During this meeting, Linda Mulcahy (Professor of Socio-Legal Studies and the Director of the Centre for Socio-Legal Studies at the University of Oxford) presented her research titled ‘The Democratic Courthouse? Unravelling the complex relationship between design, due process and dignity in English courts’. Xandra Kramer acted as a discussant for professor Mulcahy.
Additionally, Jos Hoevenaars presented results of his doctoral research on litigation before the European Court of Justice and tied it into his research on (self)representation and the impact of lawyers in the courtroom.