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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, will organize an online seminar series dedicated to Trends and Challenges in Costs and Funding of Civil Justice.

On 15 December, the series will kick off with a general session that will address several topics of access to justice and costs and funding, including collective redress and costs reforms, and will present 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: 15 December 2021, 15.30-17.30 CEST

First session: Access to Justice and Costs and Funding of Civil Litigation

The first seminar will discuss key topics and developments in costs and funding of litigation, including third-party litigation funding. It will be combined with the launch of the book New Pathways to Civil Justice in Europe (Springer, 2021) that emerged from an earlier conference organized by the ERC project team.

Judith Resnik (Yale University) who authored the concluding chapter (available open access) will, among others, discuss the question from which perspective to understand the civil legal system so as to make judgments about whether a system is just or unjust.

Ianika Tzankova (Tilburg University) will discuss access to justice against the background of trends in global dispute resolution where big players are shaping the future, and the funding of litigation.

John Sorabji (University College London) will focus on developments in costs and funding of civil justice, including the move to recoverable fees, the upcoming review of the Jackson costs reform and funding of representative actions.

Louis Visscher (Erasmus School of Law) will present a Law & Economics perspective on costs and funding, including rational apathy, risk aversion and agency problems.

The seminar will be introduced and moderated by Xandra Kramer, PI of the Vici and ERC projects at Erasmus School of Law.

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Published: June 9, 2021

The third seminar of the EU Civil Justice Seminar Series took place on Friday 4th of June 2021. The Seminar touched upon the topic of European digital constitutionalism and remedies. In the past two decades, the European Union has developed a framework of European digital constitutionalism. This framework was prompted as a reaction towards the predominance of digital private norm activities which were accelerating within the EU. Within this EU framework, there are various remedies and dispute resolution mechanisms available. These remedies are not just public remedies, but also bottom-up approaches to enforcement. For example, the Facebook Oversight Board presents a form of private adjudication. The European Commission proposal for a Digital Services Act (DSA) acknowledges the need to regulate such online platforms, for instance it requires online platforms to be transparent about why they take particular decisions.

Giovanni De Gregorio, who is a postdoc at the Centre for Socio-Legal Studies at the University of Oxford, kicked of the seminar with providing the introduction of the topic European digital constitutionalism. He explained how the remedies within the framework are shaped and why these remedies have been made available. He noted the shift which is experienced from digital liberalism to digital constitutionalism.

The second speaker, Catalina Goanta, who is an assistant professor at Maastricht University, touched upon the platform powers. She explained that platforms are offering much more functions than just content, such as commercial functions of social commerce. She gave the example of Instagram, through which people can buy shoes. Catalina stressed the importance of asking the question on how to answer to this increasing power of these platforms. In this regard, Catalina addressed the potential of the DSA.

The third speaker was Clara Iglesias Keller, who is a postdoc research fellow at the Leibniz Institute for Media research and at WBZ Berlin Social Sciences Centre. She touched upon the topic of judicial review and constitutionalism. She highlighted the complexity of drawing up regulation for the Internet and also raised concerns of how claims can be redressed, as she pointed out that some claims are not brought to court.

A vivid discussion followed raising numerous insights and food for future thought.