scholarly journals Towards Timely Justice in Civil Matters Amid the COVID-19 Pandemic

2020 ◽  
Vol 3 (2-3) ◽  
pp. 100-114
Keyword(s):  
Civil Litigation ◽  
Access To Justice ◽  
Civil Justice ◽  
Time Limits ◽  
National Courts ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
Procedural Time

This article is devoted to the analysis of procedural time limits transformation under pandemic conditions implemented in the legislation of Ukraine during the coronavirus pandemic of 2020, as well as the practice of their application in national courts. It is stated that inaccuracy and incompleteness in resolving important issues related to the extension and renewal of procedural time for the administration of justice under the quarantine creates obstacles to the implementation of the main tasks of civil proceedings. Inaccuracy in the regulation by procedural legislation of certain procedural terms, the possibility of their renewal and extension can significantly affect the movement of all civil proceedings as well as significantly impede the achievement of its goals. Keywords: procedural time, civil justice, access to justice, pandemic challenges, a fair and timely trial, COVID-19, civil litigation.

scholarly journals Coronavirus and the Justice System in Poland

2020 ◽  
Vol 3 (2-3) ◽  
pp. 172-175
Keyword(s):  
Civil Rights ◽  
Key Words ◽  
Justice System ◽  
Human Life ◽  
Civil Justice ◽  
Time Limits ◽  
The World ◽  
Procedural Time

The justice system was unprepared for the dangers of the Coronavirus pandemic, both in Poland and everywhere in the world. However, the need for safeguarding fundamental civil rights, such as human life and health, has always been the highest priority. In this note the measures aimed to protect every during the pandemic in Poland were studied and concluding remarks to be learned were proposed. Key words: COVID-19, civil justice, judiciary, oral hearings, procedural time-limits.

scholarly journals Privatization of Civil Justice: Is it Undermining or Promoting the Rule of Law?

2020 ◽  
pp. 34-45
Author(s):  
Tatjana Zoroska Kamilovska
Keyword(s):  
Rule Of Law ◽  
Cost Effective ◽  
Access To Justice ◽  
Civil Justice ◽  
The Rule Of Law ◽  
Administration Of Justice ◽  
Public Resources ◽  
Public Commitment ◽  
Civil Justice System ◽  
The Eu

The crisis of civil justice system is present in many countries in the EU and worldwide and it takes different forms. In response, many different pathways are explored in order to overcome not only the growing sense of crisis, but also its manifestations. One of the suggested routes in the ongoing efforts to improve access to civil justice at the EU and national levels is the privatization of justice through the ADR mechanisms. In many areas, with the encouragement and support of governments and other policy-making bodies, the administration of justice is being encouraged to leave the courts for alternative forums. Thereby, the ADR are presented as mechanisms which are facilitating informal, fast, cost-effective and affordable access to justice, at the same time preserving public resources. Yet, in spite of these undeniable benefits, ADR mechanisms are subject of some doubts and expressed concerns. One of the major concerns, which has already sparked a wider debate, is whether the informal and private nature of ADR is hostile to the Rule of Law and ultimately to justice itself. Namely, if the privatization of civil justice is considered in the context of the fundamental public commitment to provide substantive justice on an equal basis to all citizens, the question arises whether the ADR mechanisms are capable to secure and foster the virtues of the Rule of Law (publicity, transparency, fairness, equality, etc.). The purpose of this paper is to contribute to this debate, renewing the interest in analysing the relationship between the privatization of civil justice and the concept of the Rule of Law. In the light of evolving social, economic and political circumstances, the paper attempts to answer the question whether the growing privatized dispute resolution landscape is undermining or promoting the rule of law.

scholarly journals Towards Modern Challenges in Financing the Judiciary: Between Independence and Autonomy

2020 ◽  
Vol 3 (2-3) ◽  
pp. 134-147
Keyword(s):  
Rule Of Law ◽  
Access To Justice ◽  
Modern Approach ◽  
The Rule Of Law ◽  
Financial Autonomy ◽  
National Courts ◽  
Independent Judiciary ◽  
Democratic State ◽  
Administration Of Justice ◽  
The Right

An independent judiciary is the guarantor of a democratic state governed by the rule of law, which we strive to build in Ukraine. This independence is ensured, among other things, by a stable and sufficient funding of the national courts, which has become a significant challenge. The resolution of such issues has been sought in recent decades, but the problem of court financing has become especially acute in the context of the economic crisis and the coronavirus pandemic, which occurred in 2020. This has led to somewhat hopeless feelings about the chosen way of forming the policy of Ukrainian courts financing and its implementation. Our study attempts to analyze certain aspects of the existing mechanism of financing the judiciary in Ukraine, in particular, through the prism of financial support for judges and assistant judges during the coronavirus pandemic. The functions which they perform can be attributed to the main ones during the administration of justice. The authors propose the analysis of the case on the protection of the right of assistant judges to a decent salary, which lasted for years in all courts of the state. In connection with the coronavirus pandemic in Ukraine, a law was passed reducing the salaries of judges, which is also analyzed in the article. The search for a new, more modern approach to resolving the issue of a stable financial independence of the judiciary will help to solve urgent problems and ensure a real rule of law in Ukraine. In particular, our proposed approach to the formation of financial autonomy of the judiciary in Ukraine is suggested in this study. Key words: judiciary, access to justice during pandemic, COVID Justice, financing of the judiciary, independence of the judiciary, financial autonomy of the courts.

scholarly journals Some Important Features of Lithuania Civil Procedure

2019 ◽  
Vol 2 (1) ◽  
pp. 45-51
Keyword(s):  
Group Action ◽  
Legal System ◽  
Western Europe ◽  
Civil Procedure ◽  
European Countries ◽  
Civil Litigation ◽  
Civil Justice ◽  
Central European ◽  
Civil Proceedings ◽  
Preparatory Stage

As in all Eastern and Central European countries, legal system in Lithuania, including civil justice, has undergone many reforms since 1990. In 2003 new Lithuanian Code of Civil Procedure came into force and finally traditions of Western Europe (mainly German and Austrian ones) were systematically introduced into civil litigation in Lithuania. The aim of this article is to present some distinct aspects of Lithuanian civil procedure. It has been chosen to present electronification of civil proceedings because if it’s broadly known success throughout Europe. Preparatory stage is described because this stage of civil proceedings was reformed drastically in 2003. Group action is discussed as one of examples of unsuccessful reforms of Lithuanian civil justice.

ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA

2020 ◽  
Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Sequential Analysis ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Private International Law ◽  
Electronic Evidence ◽  
Advantages And Disadvantages ◽  
Research Activities ◽  
Civil Proceedings

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.

The Political role of the judiciary : The Belgian case

Res Publica ◽  
1970 ◽  
Vol 38 (2) ◽  
pp. 371-384
Author(s):  
Lode Van Outrive
Keyword(s):  
Easy Access ◽  
The Political ◽  
Access To Justice ◽  
Selection System ◽  
Advisory Body ◽  
Political Role ◽  
Administration Of Justice ◽  
External Conditions ◽  
Recruitment And Selection

We set out by tracking the political vicissitudes of the administration of justice and their connections with a range of phenomena: the neglect by politicians; a series of events and scandals and the very curious reactions of the judicial apparatus; several parliamentary investigation commissions without much effect. Then we take a critical look at partisan politicisation of the magistrature: negative evalution of their output thrives to it; but there are also partisan appointments and promotions, even absence and refusal of training. Many contextual factors hinder a normal, acceptable process of politicisation: over- and underregulation, bad legislation, misconception on contra! over the administration of justice and over judges, non-democratic decisionmaking within the organisation of the magistrature, the development of wrong relationship inside the trias politica; but also other more external conditions were not met neither.  We wind up with an examination of the assesment of recent governmental proposals: an improvement of criminal and judicial inquiries; foundation of a national advisory body for the magistrature; simplification of the legislation; modernisation of the courts activities; a more objective recruitment and selection system; more easy access to justice etc. The question raises as to wether it suffices to tinker with the sy stem of the administration of justice alone ... Between the Belgian and the Italian situations are similarities and relevant differences. 

Efectele pandemiei SARS-CoV-2 asupra activității și procedurii în fața Curții Europene a Drepturilor Omului

2021 ◽  
Vol 2021 (2021) ◽  
pp. 147-163
Author(s):  
Corneliu-Liviu POPESCU ◽  
Keyword(s):  
Human Rights ◽  
Time Limit ◽  
European Convention ◽  
Time Limits ◽  
European Court ◽  
Procedural Time

At the beginning of the SARS-CoV-2 pandemic, the European Court of Human Rights ruled and then extended the decision to suspend part of its activity, as well as certain procedural time-limits, including time-limit for referral to the Court through the means of a state or an individual application. These measures do not comply with the European Convention on Human Rights, nor with the Rules of the Court. The control of the regularity of these measures may be exercised by the judicial formations of the Court, acting in the specific cases.

scholarly journals Standards of Proof and Civil Litigation: A Game-Theoretic Analysis

2018 ◽  
Vol 19 (1) ◽  
Author(s):  
Alice Guerra ◽  
Barbara Luppi ◽  
Francesco Parisi
Keyword(s):  
Critical Role ◽  
Policy Instrument ◽  
Civil Litigation ◽  
Access To Justice ◽  
Standard Of Proof ◽  
Game Theoretic Analysis ◽  
Standards Of Proof ◽  
Game Theoretic ◽  
Truth Finding ◽  
Selection Of

AbstractIn litigation models, the parties’ probability to succeed in a lawsuit hinge upon the merits of the parties’ claims and their litigation efforts. In this paper we extend this framework to consider an important procedural aspect of the legal system: the standard of proof. We recast the conventional litigation model to consider how alternative standards of proof affect litigation choices. We analyze the interrelation between different standards of proof, the effectiveness of the parties’ efforts, and the merits of the case. We study how these factors jointly affect the parties’ litigation expenditures, the selection of cases brought to the courts, pretrial bargain solutions and preemptive strategies. Our results show that standards of proof are not only instrumental to balancing the competing goals of access to justice and judicial truth-finding, but they also play a critical role in affecting parties’ litigation investments and settlement choices, and in sorting the mix of cases that will actually be filed and defended in courts. The understanding of the sorting effect of standards of proof sheds light on their role as a policy instrument in civil litigation.

scholarly journals Small Defamation Claims in Small Claims Jurisdictions: Worth Considering for the Sake of Proportionality?

2018 ◽  
Vol 41 (4) ◽  
Author(s):  
Kim Gould
Keyword(s):  
Decision Making ◽  
Online Communication ◽  
Reform Process ◽  
Access To Justice ◽  
Ordinary People ◽  
Reform Agenda ◽  
Administration Of Justice ◽  
Small Claims ◽  
The Law ◽  
Defamation Law

Online communication continues to pose challenges for the law and the administration of justice. One such challenge concerns its propensity to give rise to small defamation claims between ordinary people given the often-enormous costs of litigating defamation claims before the ordinary courts. This article promotes a reform agenda directed to meeting this challenge by (1) demonstrating the need for a proportionate means for resolving small defamation claims, having regard to access to justice considerations and other wider concerns; (2) establishing reasonable grounds for seriously considering deploying the traditional small-claims-proportionate response – small claims jurisdictions – for this purpose notwithstanding contraindications including the infamous complexity of defamation law; and (3) advancing a research pathway for the proportionate treatment of small defamation claims to guide decision-making and innovation. This article also advocates for consideration of this important issue in the ‘national reform process’ launched in 2018 for Australian defamation law.

scholarly journals The 2010 Amendments and Hryniak v Mauldin: The Perspective of the Lawyers Who Have Lived Them

2020 ◽  
Vol 37 ◽  
pp. 21-67
Author(s):  
Gerard J. Kennedy
Keyword(s):  
Supreme Court ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
Civil Justice ◽  
Procedural Law ◽  
Culture Shift

Through a survey of 90 lawyers with litigation experience, the author sought to determine the effects of recent amendments to Ontario procedural law [2010 Amendments] and a leading Supreme Court of Canada case [Hryniak] interpreting those amendments. The results were mixed. Most respondents viewed Hryniak and the 2010 Amendments as, overall, positive. But this was hardly a unanimous view. While Hryniak has certainly had effects, most respondents viewed the effectiveness of Hryniak and the 2010 Amendments to be limited, as other factors have intervened or remained as access to justice obstacles. While there was some perception that a culture shift has begun to emerge, the extent of that culture shift has been restricted. The responses did not lack all hope, but they ultimately suggest that the battle for access to civil justice must continue to be waged on multiple fronts.

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