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Seminar Series Trends and Challenges in Costs and Funding of Civil Justice

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.

UPCOMING EVENT:

Legal Mobilization: A European Perspective

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.

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Published: July 19, 2021

The ERC Building EUCivil Justice team organized a series of six seminars between May and July2021. The series covered a variety of topics in the field of European civil justice and zoom in on the key topics our group has been working on over the past four years. These include the privatization and digitalization of civil justice, cross-border judicial co-operation, international business courts, and self-representation. Each session brought together invited speakers and our own researchers. The webinars gathered between 25 to 85 participants from all over the world per session and resulted in lively and fruitful debates, despite the online format.

The first seminar, organized by Betül Kas, was dedicated to The Role of Out-of-Court Justice in the European Enforcement Regime, discussing among others the role of Article 47 TFEU and the process of obtaining remedies in the Volkswagen diesel case. During the second seminar, organised by Erlis Themeli, the discussion zoomed in on Modernising European Cross-Border Judicial Collaboration, including an ongoing digitization project of the European Commission, the Dutch participation in e-Codex and digitisation in the context of uniform European procedures. The third seminar was organised by Emma van Gelder, and was dedicated to Digital Constitutionalism and European Digital Policies and discussed remedies in the context of European policies, the role of private platforms and judicial review. The fourth seminar, organized by Jos Hoevenaars, dealt with the topic Representing Future Generations: Private Law aspects of Climate Change Litigation. Making the shift from self-representation under the ERC project to the representation of present and future generations it discussed different aspects of recent climate change litigation, with a focus on the recent Dutch Shell case. The fifth seminar by Georgia Antonopoulou was dedicated to the Arbitralization of Courts, and discussed how recently established international business courts copy features of arbitration and what the limits are. The sixth and last seminar entitled European Civil Justice in Transition: Past, Present & Future, moderated by Xandra Kramer and Alexandre Biard concluded the series. The speakers addressed the upcoming revision of the Brussels I-bis Regulation, digitisation and the development of integrated dispute resolution, trust and quality in civil justice and the future of civil justice.