YSEC Yearbook of Socio-Economic Constitutions 2022

ISBN-13: 9783031385094 / Angielski / Twarda / 2023

Opis

Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.

Spis treści

Revisiting the concept of access to justice as a human right.- The Impact of Third-Party Funding on Access to Justice.- The Supply and Demand of Justice: What Policy Implications from the EU Justice Scoreboard?.- Illusory truths and frivolous claims: Critical reflections on a report on litigation funding by the European Parliamentary Research Service.- Funding as an element of access to justice in environmental protection cases.- Access to (Climate) Justice: What Makes Climate Change Litigation Expensive and Some Possible Solutions.- “Simplification of Procedure” – a realistic (or unrealistic) alternative to lawyer-conducted litigation?.- "Equality of Legal Protection" - On the Constitutional Derivation of the Right to Legal Aid in Administrative Proceedings and its Effects on Legal Persons.- Litigation agreements on the costs of civil litigation.- Costs of enforcement (public and private actors).- Funding of justice in investor-State dispute settlements: could Third-Party Funding enhance access to justice Costs of enforcement (public and private actors).- Social Rights Protection Between Golden Rules and Golden Principles in Greece.

O autorze

Eva Storskrubb is Associate Professor (Docent) and Senior Lecturer (Universitetslektor) in procedural law at Uppsala University, Sweden. Her research focuses on the impact of EU law on civil justice and transnational dispute resolution in civil and commercial matters, including alternative dispute resolution and private international law. Prior to becoming a full-time academic she worked as an attorney at law firms in Sweden, Finland and England, specializing in commercial dispute resolution.