Professional Ethics of Lawyers and Judges
Happy New Year’s wishes from our Vici Building European Civil Justice group. This year will mark a range of important events and book publications. We will host a series of webinars that will kick-off in the Spring. We are very happy that after a slow start during the pandemic, the book Research Methods in Private International Law, co-edited by Xandra Kramer and Laura Carballo Piñeiro is scheduled for publication by Elgar in May 2024. It contains fascinating chapters on regulatory, research and teaching approaches, including by our postdoc researchers Adriani Dori and Carlota Ucin. Around the same time we expect that the book Financing Collective Actions in the Netherlands: towards a Litigation Fund will be published by Eleven International Publishing, co-authored by our researchers Xandra Kramer and Jos Hoevenaars in collaboration with Ianika Tzankova and Karlijn van Doorn.This is an updated English version of a report commissioned by the Dutch Ministry of Justice. We are also excited about compiling our Handbook on European Civil Procedure, commissioned by The Gruyter that we co-edit together with Stefaan Voet and with a stellar author team. We will also submit the manuscript for our book on Sustainable Access to Justice, following our international conference of October of last year, co-edited by our group members Xandra Kramer, Masood Ahmed, Carlota Ucin and Adriani Dori featuring interesting chapters by our fantastic speakers and our PhD researchers Adrian Cordina and Eduardo Silva de Freitas. The latter two hope to wrap up most of their PhD research this year, together with our group member Antonia Antonopoulou. We are also happy to host guest PhD researcher Zilin Hao for six months who will introduce herself shortly. Our group is open for hosting other visiting researchers and for applications of (self-funded) new PhD candidates this year, and we look forward to many other collaborations to keep broadening our horizons.
Published: July 11, 2022
On 10 and 11 July, Jos Hoevenaars participated as a speaker at the meeting of the RCSL Working Group of the Comparative Study of the Legal Professions (WGLP) which was held from 10 till 12 July in Coimbra, Portugal. The working group brought together eminent researchers working on various aspects surrounding professional ethics of both judges and lawyers. Unable to travel to Portugal Jos joined the panel on legal ethics remotely to present his research on the impact of the (increasing) possibility for parties to litigate without the guidance of a legal aid provider on Dutch civil procedure in practice. Through interviews with Dutch subdistrict judges he analyses the extent to which self-representation influences the role of the judge. The research shows how judges seek a balance between their role as neutral arbitrator in a dispute and a more active role necessitated by parties not being represented by a legal aid provider. In doing so, they navigate between process and content, and must constantly balance the trade-off between acting more actively to gather sufficient information for a substantive handling and assessment of the case, on the one hand, and safeguarding the limits of party autonomy and their own (perceived) neutrality, on the other.