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Out Now: Frontiers in Civil Justice

We are happy and proud that our book Frontiers in Civil Justice: Privatisation, Monetisation and Digitisation (eds. Xandra Kramer, Jos Hoevenaars, Betül Kas and Erlis Themeli) has been published by Elgar. It is a volume evolving from the ERC project Building EU Civil Justice, and contains excellent chapters by many colleagues we have worked with in the past years.

The book studies three interrelated frontiers in civil justice from a European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

The combined works take on a pan-European perspective and zoom in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. The book includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.

The book can be ordered here. The first Introductory chapter is open access available on the EE website.

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Published: January 10, 2022

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 second seminar was dedicated to Legal Mobilization: A European Perspective, and took place on 19 January 2022, 15-17 CET. This discussed 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) presented on Human rights advocacy and the transnational regulation of religion: The case of Muslim legal mobilization. She focused 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) presented on Legal mobilization via preliminary references: the case of migrant rights. She discussed 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)prestented on Constitutional review as an opportunity structure for legal mobilization in the EU. She addressed 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.