Civil Justice Between Efficiency and Quality - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Civil Justice Between Efficiency and Quality write by C. H. van Rhee. This book was released on 2008. Civil Justice Between Efficiency and Quality available in PDF, EPUB and Kindle. For a long time, civil justice was considered to be a purely national, conservative, and slow-changing topic. The texts collected in this book supply proof that this is no longer the case. These papers discuss civil justice from a European angle, concentrating on the age-old dichotomy between quality and efficiency. One of the developments that has triggered civil justice to become an international discipline is the establishment of the European Commission for the Efficiency of Justice - better known by the acronym of its French name, the CEPEJ - on September 18, 2002 by the Council of Europe. The mandate of the CEPEJ is to analyze the results of the various judicial systems of the Member States of the Council of Europe, to identify the difficulties these systems encounter, to develop concrete ways to improve them, and to evaluate the functioning of these systems. Various papers in this volume address the CEPEJ and its work, as well as other issues of civil procedure in Europe, such as legal aid, alternative dispute resolution, and the influence of European developments on the reform of national civil justice systems. Consequently, the book provides an overview of the most recent ideas and developments in the field of civil justice. These ideas and developments show that although the values of the old tradition of European ius commune are still alive, they have been modified and expanded to such an extent that the organization of efficient civil justice systems has become a feasible option for national legislatures.
Justice Between Simplification and Formalism
Justice Between Simplification and Formalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Justice Between Simplification and Formalism write by Christoph Kern. This book was released on 2007. Justice Between Simplification and Formalism available in PDF, EPUB and Kindle. A recent study in the field of comparative economics (or, more precisely, numerical comparative law) constructed an index of procedural formalism of dispute resolution for more than 100 countries and analyzed the relationship between procedural formalism and certain aspects of quality of the judicial systems. The study's results suggest a strong relationship between legal origins, formalism, and the quality of dispute resolution. Not surprisingly, the study closes with a recommendation for reform. What makes this study so important is not only its findings, backed by an amount of data which seems to be a guarantee for the study's universal validity, but also the financial support of the World Bank - an indicator of the Bank's interest in these questions. Similar studies in the area of banking, securities, and corporate law have received much attention from the legal community. However, for the recent study on civil procedure, this is not the case. Christoph Kern provides a first critical approach to the study from the perspective of a legal scholar. He does not suggest a mere re-coding, but focuses on the methodology and the underlying legal questions. After an extensive discussion of the input to the study, the author turns to the way the study combines the data and, in particular, how it interprets the results. He concludes that the study leaves a mixed impression and that, therefore, doubts remain as to its results and interpretation.
Simplification and Acceleration of Civil Justice in Europe
Simplification and Acceleration of Civil Justice in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Simplification and Acceleration of Civil Justice in Europe write by Anna Nyilas. This book was released on 2011-12. Simplification and Acceleration of Civil Justice in Europe available in PDF, EPUB and Kindle. The book focuses on legal instruments that promote simplification of the process and timely completion of the lawsuit in the first instance civil procedure. It observes the changes of traditional principles in the pursuit of efficient and high quality court procedures. Results of a research conducted from 2007 to 2010 are presented. Civil procedures of multiple jurisdictions are covered, including the most "influencing" English, French and German procedures and specific procedural regulations in Austria, the Netherlands and Hungary - the latter used as a basis of reflection, as the "native" procedure of the author. Small claims procedures are interpreted as one significant way of providing access to justice by keeping judicial resources and procedural costs moderate while providing a well-established judgment with all its effects and enforceability. A balance of parties' rights and managing powers of the judge together with the principle of cooperation guaranteed by explicit procedural liabilities in the law may lead to an effective and just system of civil litigation. The book should help gain insight into efficiency issues in civil justice for lawyers or anyone interested.
Civil Litigation in China and Europe
Civil Litigation in China and Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Civil Litigation in China and Europe write by C.H. (Remco) van Rhee. This book was released on 2013-12-03. Civil Litigation in China and Europe available in PDF, EPUB and Kindle. This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
Court Mediation Reform
Court Mediation Reform - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Court Mediation Reform write by Shahla F. Ali. This book was released on 2018-03-30. Court Mediation Reform available in PDF, EPUB and Kindle. As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
