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Sustaining Access to Justice in Europe: New Avenues for Costs and Funding

The team of the NWO Vici project ‘Affordable Access to Justice’ at Erasmus School of Law, Erasmus University (Rotterdam), is organising the conference ‘Sustaining Access to Justice in Europe: New Avenues for Costs and Funding’ on 19 and 20 October 2023 at the Erasmus Paviljoen at Erasmus University Rotterdam.

Access to civil justice is of paramount importance for enforcing citizens’ rights. At the heart of access to civil justice lies litigation funding and cost management. Yet, over the past decades, access to justice has been increasingly put under pressure due to retrenching governments, high costs of procedure, and the inefficiency of courts and justice systems. Within this context, the funding of litigation in Europe seems to be shifting from public to private sources. Private actors and innovative business models emerged to provide new solutions to the old problem of financial barriers of access to justice.

With the participation of policymakers, practitioners, academics, and civil society representatives from all over Europe and beyond, the conference seeks to delve deeper into the financial implications of access to justice and the different ways to achieve sustainable civil justice systems in Europe.

The topics addressed in this international academic conference will include the different methods of financing dispute resolution, particularly in the context of group litigation (third-party funding, crowdfunding, blockchain technologies), public interest litigation, developments in ADR/ODR, the new business models of legal professionals as well as law and economics aspects on litigation funding. The conference is supported by the Dutch Research Council (NWO).

Find the link to registration here.

Please find the preliminary conference programme below.

Call for papers Vici Conference Sustainable justice 2023.pdf

Provisional Programme.pdf

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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.