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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: March 27, 2021

Xandra Kramer presented at a conference organized by Emory University Law School and Oxford University on developments in civil justice in the US and Europe, Qua Vadis civil justice? The first part of this three-part Zoom event on Trends in Civil Procedure took place on 26 March 2021. One of the statements was that European civil justice policy, contrary to the US, while also under pressure from the efficiency advocates, continues to focus on encouraging litigation. Xandra focused on collectivizing litigation in Europe and the Netherlands in particular. She discussed trends and developments in European civil justice, where in recent years collective redress and digitisation have been key issues and in the Netherlands where the establishment of the Netherlands Commercial Court in 2019 and the completion of the collective redress system in 2020 are highlights. Despite the emphasis on collective redress in recent years, there are no indications that litigation has become more important. In the European context, enhancing ADR by putting quality standards into place and the setting up the ODR platform are equally important.