New Pathways to Civil Justice in Europe: Challenges of Access to Justice

ISBN-13: 9783030666392 / Angielski / Miękka / 2022

Kramer, Xandra

Opis

This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech.The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Spis treści

Introduction: The Future of Access to Justice – Beyond Science Fiction by Alexandre Biard, Jos Hoevenaars, Xandra Kramer & Erlis Themeli.- Part I – Digitalisation and AI: The Human Control over Autonomous Robotic Systems: What Ethical and Legal Lessons for Judicial Uses of AI? by Daniele Amoroso & Guglielmo Tamburrini.- Court Information Technology: Hypes, Hopes and Dreams by Dory Reiling.- The Computer as the Courtroom: How Will Artificial Intelligence Affect Judicial Processes? by Nicolas Vermeys.- Part II – Privatisation and ADR: Delivering Justice by Christopher Hodges.- Trust and Transparency and the Ombuds: Justice Behind Closed Doors? by Lewis Shand Smith.- CDR in Belgium: The Special Place of the Belgian Residual ADR Body by Pieter-Jan de Koning.- How to Avoid a Trial: In Praise of ADR and Ombudsmen by Frédérique Coffre & Pierre-Laurent Holleville.- Analysis – Defiances – Reflections in Germany by Stefan Weiser & Felix Braun.- Part III - Self Representation: Self-representation and the Courts: Some Policy Observations from the Netherlands by Paulien van der Grinten.- With and Without Lawyers: Empirical Research on Legal Representation in Dutch Civil Court Cases by Roland Eshuis.- Justice Without Lawyers by John Sorabji.- Part IV – Court Specialisation: The Pros and Cons of Judicial Specialization by Elisabetta Silvestri.- International Commercial Courts: Specialised Courts? by Marta Requejo Isidro.- Anti-Specialisation Trends in Dispute Resolution or a Shift Towards a New Paradigm? An Initial Exploratory Analysis of Dispute Resolution in the Global Village by Ianika Tzankova.- Part V – Concluding Remarks: Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity by Judith Resnik.

O autorze

​Xandra Kramer is Professor of Private Law at Erasmus School of Law, Erasmus University Rotterdam and Professor of Private International Law at Utrecht University. 

Alexandre Biard is researcher at the Erasmus School of Law, Erasmus University Rotterdam and works at a consumer organization in Brussels. 

Jos Hoevenaars is postdoc researcher at the Erasmus School of Law, Erasmus University Rotterdam, part of the ERC funded ‘Building EU civil justice’ project, working on Self-Representation in Civil Justice. 

Erlis Themeli is postdoc researcher at Erasmus University Rotterdam, part of the ERC funded ‘Building EU civil justice’ project, working on Digitisation and AI.