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Introduction
Skills and Expertise
Publications
Publications (56)
In 1553 the Edward Bonaventure set sail from England with two other ships to search for a Northeast Passage to Asia. Eventually the ship made it to the White Sea and the captain of the ship, Richard Chancellor, reached Moscow where he met Tsar Ivan IV, ‘the Terrible’, at the Kremlin. In 1554 the ship returned to England but was ‘robbed by Flemings’...
Here is the first issue of Access to Justice in Eastern Europe Journal. My sincere gratitude to all the contributors and warmly well come to further cooperation!
Cambridge Core - Human Rights - Revisiting Procedural Human Rights - edited by Alan Uzelac
The Dutch Supreme Cassation Court was established in 1838 within the context of the French cassation tradition. From its inception important improvements were implemented when compared to the French model, for example the rule that cassation appeal would be allowed only one time in any single case, and that the cassation court would be able to prov...
In the Netherlands, the established rule is that there is no system of precedent even though especially the judgments of the Dutch Supreme Court and the other highest courts are very authoritative and persuasive. Nevertheless, lower judges and the four highest courts are in principle not bound by previous judicial decisions. As regards court cases,...
This chapter addresses first of all the goals of civil justice that are recognised in the Netherlands. These are (a) the authoritative determination of rights recognised by private law and the provision of enforceable titles; (b) demonstrating the effectiveness of private law; and (c) the development of private law and guaranteeing its uniform appl...
Organising the administration of justice before the civil courts in an adequate manner is a complicated task. First, there are the legitimate claims of thoroughness and high quality in the adjudication of civil matters that need to be taken into consideration, since these guarantee a just outcome of the civil lawsuit and finally the observance of t...
In the Netherlands, significant changes to the procedural regulations and other policy reforms have thoroughly reshaped the legal system over the past decades. Much more attention than before is directed to gathering data and to conducting empirical research in order to assess some of these changes. The role of the judge regarding case management s...
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 jur...
The aim of this study is to provide an in-depth and objective comparative analysis of legal provisions, doctrine and case-law on locus stani before civil, criminal and aministrative courts of selected legal systems, and before the EU courts. This analysis serves as the basis for several recommendations in this area
A review of Lei Chen and CH (Remco) van Rhee (eds), Towards a Chinese Civil Code: Comparative and Historical Perspectives by Peter CH Chan
Germany participates actively in the competition between the different judicial systems. The German Bar Association, the German Judges Association and the German Notaries Association have even published a brochure entitled Law— Made in Germany with a view to informing about the advantages of the German judicial system and German law. This initiativ...
Scotland is a mixed jurisdiction and the development of its legal system has been open to broader global influences and hence is open and liberal in its approach to international legal relations. This can provide an exceptionally good opportunity for Scottish jurists to contribute to the development of global inter-national law projects. The Chapte...
Globalisation of legal matters and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may jeopardise access to justice. As a result, the debate on the need for the harmonisation of civil procedure become...
Civil litigation in a globalising world - an introduction.- Fundamental principles of civil procedure: order out of chaos.- Harmonisation of civil procedure: a historical and comparative perspective.- A Law and Economics view on harmonisation of procedural law.- Harmonisation of civil procedure - policy perspectives.- Harmonisation of civil procedu...
El presente artículo discute el desarrollo del derecho procesal civil en varias jurisdicciones europeas desde el inicio del siglo XIX hasta hoy. El tema central esel cambio de la posición del juez, desde un árbitro imparcial a un administrador activo de casos. Las jurisdicciones bajo discusión son Francia, Austria, Suiza,Bélgica, los Países Bajos,...
This paper focuses on the harmonisation of civil procedural law in Europe and on a global scale. As the title of the paper indicates, this will be done by also taking into consideration past experiences in this field. The question as to the desirability of harmonisation will not be discussed. The paper will especially focus on (1) Harmonisation as...
The present article has been written as an introduction to a volume containing a series of historical essays on delay in civil procedure covering a period of ca. 800 years. The article discusses the problems that the legal historian encounters when distinguishing due delay from undue delay in an historical context. Additionally, it provides an over...
The present paper discusses the history of the huissier de justice (court bailiff or ‘deurwaarder’) in the Netherlands. The author demonstrates that the Dutch huissier has undergone a metamorphosis during the last few centuries. He has changed from a badly educated civil servant with a questionable reputation into a highly educated professional. Th...
The present article adresses one of the many topics on which Raoul van Caenegem has focused during his long career: the history of civil procedure. It concentrates on the twentieth century and offers a comparative perspective. The year 1898, in which the influential Austrian Zivilprozessordnung (öZPO) of the 1st of August 1895 took effect, forms th...
The present article discusses the powers of the judge in civil litigation in three jurisdictions that have been influenced by the French Code of Civil Procedure (1806). It shows that in the 19th century these jurisdictions adopted French law but at the same time tried to reduce party autonomy by increasing the judge's directive powers. This approac...
Interview met Marcel Louis Leon Victor Storme over denkvrijheid, verantwoordelijkheid en trouw, eeuwig jonge studenten, de harmonisatie van het procesrecht en waardevolle internationale, wetenschappelijke samenwerking.
The present article, dedicated to Prof. J.Th. De Smidt on the occasion of his 80th birthday, discusses the case of Jacques du Gal, a French merchant, and the Netherlands privateers Claes de Doot and Meeus Pietersz from Flushing. The former departed from the harbour of Dieppe in France with one vessel, headed for Scotland. During this journey, on th...
The present article, dedicated to Prof. J.Th. De Smidt on the occasion of his 80th birthday, discusses the case of Jacques du Gal, a French merchant, and the Netherlands privateers Claes de Doot and Meeus Pietersz from Flushing. The former departed from the harbour of Dieppe in France with one vessel, headed for Scotland. During this journey, on th...
This article discusses attempts to improve civil procedure in the Netherlands at the onset of the 20th century. It focuses on both the proposals by the Gratama Committee, published in 1920, and their predecessors. Inspired by Austrian and, to a lesser extent, German civil procedure, the proposals were aimed at improving expediency in civil litigati...
The traditional approach of French academics and French courts was that civil procedure was exempt from any harmonisation as it belonged to national public policy. The current French approach to the globalisation and harmonisation of civil procedure shows that instances of the reception of certain institutions from another legal tradition do occur,...
This chapter addresses the challenges of the globalisation of civil liti-gation from a Dutch perspective. It is submitted that for national governments it is inevitable to deliberate on harmonisation. Countries face similar problems and challenges in national civil justice and in the increasing number of cross-border disputes. If governments do not...
There is a wide array of fundamental and important principles of civil justice. The main suggestion has been that the leading principles of civil justice might usefully be arranged under these four corner-stones of civil justice: Access to Legal Advice and Dispute-Resolution Systems; Equality and Fairness between the Parties; A Focused and Speedy P...
Projects
Project (1)
The main purpose of AJEE is to offer a forum for discussion of topical issues of Judiciary and Civil Procedure reforms for sharing of research results related to access to justice developments in East European countries including Ukraine, Poland, Lithuania and others. The key areas have been chosen due to special mixed features of post-social legal doctrine’s legacy and Western influence, as well as the legislative approximation to the EU law.
