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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 12, 2018

On 10 July 2018, the seminar Innovating International Business Courts: A European Outlook was held at the Erasmus School of Law. It was the first big event within our ERC consolidator project Building EU Civil Justice. In total five speakers and seven panellists from the Netherlands, England, France, Germany and Belgium discussed their existing and recently established international commercial courts or initiatives to establish such a court of court chamber (see the seminar flyer).

The sometimes heated debates evolved around the need to establish such courts for international business, the court design and procedural innovations, using English as the court language, the challenges for the judicial system, and the (potential) competitiveness of these courts, also in view of the exit of the UK from the EU as well as the need for collaboration in Europe. Approximately 100 participants from almost twenty European and other countries (including China, South Korea, Iran, and the United States), including judges, practising lawyers, academics, policy makers and business representatives, actively took part in the discussions. These discussions continued during the drinks where four selected PhD candidates presented their poster on a topic relating to international commercial courts.

Papers authored by the speakers and a number of additional papers, selected following a call for papers, will be published in the Erasmus Law Review mid-2019. In addition, a book will be prepared for publication in 2019. Both will not only cover the recent European developments but will take a global perspective.

The seminar was organised by Erasmus School of Law (ERC project ‘Building EU Civil Justice’) of Erasmus University Rotterdam, in collaboration with the Max Planck Institute for Procedural Law Luxembourg, and the Montaigne Centre for Rule of Law and Judicial Administration (Utrecht University).