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7. Frontiers in Civil Justice:: Privatisation,Monetisation and Digitisation

Author

Hoevenaars, Jos, Themeli, Erlis, Kas, Betül, Kramer, Xandra, and Civil Law

Subjects
SDG 16 - Peace, Justice and Strong Institutions
Abstract

This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

Published
2022

16. Preface

Author

Kramer, Xandra, Biard, Alexandre, Hoevenaars, Jos, Themeli, Erlis, Kramer, Xandra, Biard, Alexandre, Hoevenaars, Jos, and Themeli, Erlis

Published
2021

17. Tussen partijautonomie en ongelijkheidscompensatie:Hoe kantonrechters omgaan met niet-vertegenwoordigde partijen

Author

Hoevenaars, Jos and Hoevenaars, Jos

Abstract

This paper focuses on the impact of the (increasing) possibility for parties in Dutch civil cases to litigate without the guidance of a legal aid provider on Dutch civil procedure. It analyses the extent to which such self-representation influences the role of the judge in the context of Dutch subdistrict court procedures, where representation is not mandatory. Through empirical data, collected through semi- structured interviews with 26 subdistrict judges, more insight is gained into the dilemmas that the lack of representation of parties presents to judges, and the ways in which they deal with these dilemmas. The interviews show how judges seek a balance between their role as neutral arbitrator in a dispute and a more active role necessitated by parties not being represented by a legal aid provider. In doing so, they navigate between process and content. Within this dynamic, judges must constantly balance the trade-off between acting more actively to gather sufficient information for a substantive handling and assessment of the case, on the one hand, and safeguarding the limits of party autonomy and their own (perceived) neutrality, on the other. Full party autonomy is viewed by judges as unrealistic and, moreover, contrary to truth-finding.

Published
2021

30. A People's Court? : A Bottom-Up Approach to Litigation Before the European Court of Justice

Author

Hoevenaars, Jos and Hoevenaars, Jos

Subjects
Law--European Union countries--Interpretation and construction, Courts--European Union countries
Abstract

Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Member States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an interpretation of EU law. While this procedure is seen as central to the transformation of Europe, significant ambiguity remains on why it is used, and who is primarily responsible for its success. The current book examines the practice of the preliminary reference procedure. By approaching it from the perspective of those who participate in it, the study takes on prevalent assumptions about the how and why of national court cases that reach the European Court of Justice through a request for a preliminary ruling. This empirical research will appeal to scholars engaged in the relationship between law and European integration as well as practitioners and litigants interested in the practice of the preliminary reference procedure. Dissertation. [Subject: EU Law, International Law]

Published
2018

31. Black Box in Luxembourg: The Bewildering Experience of National Judges and Lawyers in the Context of the Preliminary Reference Procedure.

Author

Hoevenaars, Jos and Krommendijk, Jasper

Subjects
DIALOGUE, DISCOURSE, PRELIMINARY examinations (Administrative procedure), COURTS, INTERLOCUTORY appeals
Abstract

The interaction between national courts and the European Court of Justice (ECJ) in the context of the preliminary ruling procedure is often presented as a dialogue. Despite this being the dominant discourse, we know very little of how the ECJ's main interlocutors actually experience their interaction with it. This article reflects critically on the discourse of dialogue on the basis of interviews with two of the most important ECJ interlocutors: referring national judges and the parties and their lawyers. By juxtaposing the different roles assigned to these actors during the procedure, the article shows that referring judges may feel that they are not equal discussion partners in a dialogue and the parties and their lawyers are assigned a role that theyfeel unequipped to fulfil. [ABSTRACT FROM AUTHOR]

Published
2021

36. Delivering Justice

Author

Hodges, Christopher, Kramer, Xandra, editor, Biard, Alexandre, editor, Hoevenaars, Jos, editor, and Themeli, Erlis, editor

Published
2021
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