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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: November 22, 2018

On 19-20 November 2018, the Challenge Accepted! Exploring Pathways to Civil Justice in Europe was held at the Erasmus School of Law. It was the second big event within our ERC consolidator project ‘Building EU Civil Justice’. With keynotes from Ruth de Bock (AG Supreme Court, NL) and Judith Resnik (Yale Law School, USA) and 4 panels with a total 17 speakers from the Netherlands, UK, Italy, Canada, France, Germany and Belgium (see the seminar flyer) the conference covered many issues surrounding civil justice innovations, including specialization of courts and judges, self-representation and the future of lawyers, the transformation of civil justice through the use of Artificial Intelligence (AI), and the practice of ADR/ODR schemes in different European countries.

With the broad variety of panelists as well as participants the conference managed to capture current and future issues in the ongoing transformation of civil justice around the world. With the conundrum of the ethical use of AI in adjudication, the general reduction in subsidized legal aid and the changing and often diminishing role for lawyers, the seemingly ever-expanding options for out-of-court and online dispute resolution schemes as well as current establishments of specialized international business courts, the discussions during the conference made clear just how timely questions about the current and future state of civil justice are.

Approximately 100 participants, including judges, practicing lawyers, academics, policy makers and business representatives, actively took part in the discussions. These discussions continued during the drinks and lunch where four selected PhD candidates presented their poster on a topic relating to civil justice issues.

Papers authored by the speakers and panelists will be published in an edited volume in 2019.

The seminar was organized by Erasmus School of Law (ERC project ‘Building EU Civil Justice’) of Erasmus University Rotterdam, with funding from the European Research Council.