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Humanitarian Admission to Europe

Marie-Claire Foblets (ed.), Luc Leboeuf (ed.)

Series: Schriften zum Migrationsrecht

Volume 30 2020

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Sylvie Sarolea Chapter 3: Is Access to Asylum the Same as Access to Justice? S. 115-154

„… Chapter 3: Is Access to Asylum the Same as Access to Justice? Sylvie Sarolea 1 Contents …” „… jurisdiction of the European Convention of Human Rights 7. 135 Access to Justice and the Criteria of the …” „… Availability of an Alternative8. 139 Bridging the Gaps in Access to Justice: the Global Compact for Refugees9 …”

Catharina Ziebritzki Chapter 9: The Objective of Resettlement in an EU Constitutional Perspective S. 283-340

„… to its traditional silence on legal access to protection, the increasing EU involvement in the …” „… is a highly integrated regional system in which access to and content of protection status are mainly …” „… legal access.34 Legal access instruments, such as humanitarian visa or resettlement, in contrast to the …”

Eugenia Relaño Pastor Chapter 10: EU Initiatives on a European Humanitarian Visa S. 341-366

„… access to the European territory, in effect to the Member State issuing the visa, for the sole purpose of …” „… not provide primary access to a durable solution, instead helping only those declared refugees. What …” „… exploring new legal channels for safe access to the European Union even as it opposed, later in 2016, the …”

3 A Cautious and Reserved Judicial Intervention S. 32-38

„… the CJEU to interpret the provision of the EU Visa Code on humanitarian visas. The Court of Justice …” „… . Appeals introduced against these rulings before the Court of Justice were ruled to be inadmissible for …” „… framework which the Court of Justice may not have the legitimacy to address. These factors are further …”

Stephanie Law Chapter 2: Humanitarian Admission and the Charter of Fundamental Rights S. 77-114

„… ; and the significance attached to the sovereignty-sensitive character of allowing access to Member …” „… obligation to ensure effective access for individuals to its asylum procedure. As such, it intends to …” „… and legal access to the territory of the EU Member States. Known as Protected Entry Procedures, these …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Stephanie Law Chapter 3: Is Access to Asylum the Same as Access to Justice? 115 Sylvie Sarolea Humanitarian …” „… : Humanitarian Admission to Germany – Access vs. Rights ? 199 Pauline Endres de Oliveira Chapter 6: Humanitarian …” „… Humanitarian Admission to Europe Marie-Claire Foblets | Luc Leboeuf (eds.) Schriften zum …”

Tristan Wibault Chapter 8: Making the Case X&X for the Humanitarian Visa S. 271-282

„… Union (hereinafter: the Charter). The possibility of working with the Visa Code to get a better access …” „… case to the EU Court of Justice. The referral of the Council came in a judgment on 8 December 2016. On …” „… 12 December 2016, the case was registered at the Court of Justice and communications to the parties …”

Katia Bianchini Chapter 4: Humanitarian Admission to Italy through Humanitarian Visas and Corridors S. 155-198

„… far as such aid is necessary to ensure effective access to justice’. Charter EU (n 169) art 47. 182 …” „… migrants and refugees to gain access to humanitarian visas, safe passage to Italy, lodge an asylum …” „… refugees to access protection, durable solutions or other protected entry procedures, and is subject to …”

5 The Law Between Promises and Constraints S. 43-46

„… addresses the topic from a critical perspective and connects it with the broader issue of how to access …” „… refugees face when trying to access resettlement programmes. She highlights and discusses the shortcomings …” „… contributions to the collective volume address four main questions: First, which international and European …”

Introduction S. 11-13

„… case study of legal and safe access to European territory for those in search of protection. This book …” „… such access to European territory through litigation. The third Section discusses the approach …” „… Introduction: Humanitarian Admission to Europe. From Policy Developments to Legal Controversies and …”

Sophie Nakueira Chapter 7: Unpacking Vulnerability: An Ethnographic Account of the Challenges of Implementing Resettlement Programmes in a Refugee Camp in Uganda S. 239-270

„… because while proponents of humanitarian admission aim to find ways to enable legal and safe access to …” „… ) access to other aid offices and open access to refugees who came to inquire about their cases or file …” „… which they can farm and build a small house. However, these services have often remained hard to access …”

Dirk Hanschel Chapter 1: Humanitarian Admission Under Universal Human Rights Law: Some Observations Regarding the International Covenants S. 47-76

„… However, it does not bar states from relaxing or expanding access to their domestic human rights standards …” „… Declaration Article 14 and Access to Asylum Procedures in the EU’ European Journal of Migration Law (2008 …” „… more reliable access to enter the human rights regime. Exposure to high physical risks is no …”

doi.org/10.5771/9783845298603

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Inside the Equal Access to Justice Act

Lowell E. Baier

2015

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10 Reforming the Equal Access to Justice Act S. 479-500

Appendix A: The Equal Access to Justice Act S. 519-540

2 The Development of the Equal Access to Justice Act S. 37-92

3 Use and Amendment of the Equal Access to Justice Act from 1981 to 1985 S. 93-114

4 Success and Expansion of the Equal Access to Justice Act After 1985 S. 115-134

9 Abuses of the Equal Access to Justice Act: Endangered Species and Beyond S. 409-478

Appendix D: Model Bill for Reform of the Equal Access to Justice Act S. 545-560

doi.org/10.5771/9781442257450

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Justice without the State within the State

Peter Collin (ed.)

Series: Studien zur europäischen Rechtsgeschichte

Volume 295 2016

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M. Kötter Better Access to Justice by Public Recognition of Non-State Justice Systems S. 283-308

„… Better Access to Justice by Public Recognition of Non-State Justice Systems?* Access to Justice is …” „… official recognition of non-state legal systems guarantee Access to Justice, and under what conditions is …” „… sciences, principally at the end of the 1970s, which shed light on the term Access to Justice as well as …”

L.C. Reif Conceptions of Justice in Ombudsman Dispute Settlement S. 329-348

„… standards of legality and broader non-legal conceptions of justice in their work; by improving access to …” „… exchange of best practices between ombudsman institutions. V. The Ombudsman and Access to Justice …” „… Ombudsman institutions also facilitate access to administrative justice for many persons who would …”

Titelei/Inhaltsverzeichnis S. I-VIII

„… Past and Present customary courts Kaufmännische schiedsgerichte access to Justice rural Justice …” „… ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 263 Matthias Kötter Better Access to Justice by Public Recognition of Non-State Justice Systems …” „… V it to ri o K lo st er m an n Fr an kf ur t am M ai n St ud ie n zu r eu ro pä is ch en R …”

S. Tellenbach Islamic Law, Secular Law and Customary Law S. 311-328

„… Germany.1 According to him a parallel Islamic justice has been established which takes away the trial …” „… countries, and, if so, whether they served to evade the justice system of the Muslim state of origin as …” „… differ from case to case and it can be expected that the idea of justice and the way it shall be …”

K.A. Hermes Native Americans, the Colonial Encounter, and the Law of Harm, 1600-1787 S. 263-282

„… appeared in colonial courts to right wrongs and to assert their own sense of justice when there were …” „… different concepts of justice, worked together to resolve disputes. They met each other in colonial legal …” „… Netherland. Inferior Court of Justice, Beverwyck, N.Y., 463. Katherine A. Hermes 269 he is reported to have …”

J. Zekoll Online Dispute Resolution. Justice without the State? S. 349-370

„… Resolution: Justice without the State? invalid if it disadvantages the other party to the contract in …” „… relative weight would require access to the data of court proceedings involving the same subject-matter …” „… Online Dispute Resolution: Justice without the State?* I. Jurisdiction and Territorial Borders Ever …”

G.F. Schuppert Von der Pluralität normativer Ordnungen zur Pluralität ihrer Durchsetzungsregime S. 13-48

„… systems« ist das des staatlichen Zwanges: 13 Penal Reform International (Hg.), Access to justice in …” „… gegenüberstellen;13 das Sanktionsmittel von »informal justice« ist »social pressure«, das von »formal justice …” „… sub-Saharan Africa. The role of traditional and informal justice systems, London 2000, 124 f.; generell zu …”

doi.org/10.5771/9783465142683

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Intersectionality and Women's Access to Justice in Africa

J. Jarpa Dawuni (ed.)

2022

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Part III: Women and Access to Traditional Justice S. 309-378

doi.org/10.5771/9781793632685

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The Political Thought of Justice Antonin Scalia

James B. Staab

2006

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2: Separation of Powers and Access to Justice S. 35-58

doi.org/10.5771/9781461714934

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OSZE-Jahrbuch 2009

Institut für Friedensforschung und Sicherheitspolitik an der Universität Hamburg / IFSH (ed.)

2010

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Robert Bosch Die Bekämpfung häuslicher Gewalt – das Projekt „Women’s Access to Justice“ der OSZE in Albanien S. 171-184

„… – das Projekt „Women’s Access to Justice“ der OSZE in Albanien Einführung Der vorliegende …” „… deshalb das Projekt „Women’s Access to Justice“. Die Präsenz ging dabei von der Überzeugung aus, dass …” „… . OSCE Presence in Albania, Analysis of the Criminal Justice System of Albania, Tirana 2006, unter …”

Titelei/Inhaltsverzeichnis S. 1-8

„… häuslicher Gewalt – das Projekt „Women’s Access to Justice“ der OSZE in Albanien 173 Ulrich Heider …”

doi.org/10.5771/9783845226835

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Privatizing Dispute Resolution

Loic Cadiet (ed.), Burkhard Hess (ed.), Marta Requejo Isidro (ed.)

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 18 2019

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Barbara Warwas Access to Privatized Consumer Justice: Arbitration, ADR, and the Future of Value-Oriented Justice in the EU S. 325-348

„… concept of access to justice—and the emerging consumer justice model based on ADR and an informal concept …” „… justice—the process that is a function of the modern legal evolution—can itself be part of the access to …” „… Access to Privatized Consumer Justice: Arbitration, ADR, and the Future of Value-Oriented Justice …”

Caroline Daniels Alternative Dispute Resolution for European Consumers: A Question of Access to and Standards of Justice S. 255-296

„… Question of Access to and Standards of Justice Caroline Daniels1 Introduction State courts were …” „… law without there being a possibility of having access to the courts’.2 Access to justice thus meant …” „… access to justice faced by citizens in many countries’.5 The ensuing Mediation Directive of 2008 …”

Elena Alina Onţanu Court and Out-of-Court Procedures: In Search of a Comprehensive Framework for Consumers’ Access to Justice in Cross-Border Litigation S. 47-78

„… Comprehensive Framework for Consumers’ Access to Justice in Cross-Border Litigation Elena Alina Onţanu1 …” „… Introduction In a European Union built on the rule of law,2 access to justice and effective enforcement are …” „… EU and the Member States have taken actions to facilitate access to justice. During the last decades …”

Paul Rolland Toward a Right of Access to an Amicable Process and its Challenges S. 297-324

„… infringe the right of access to justice. Provided that fundamental rights do not constitute absolute …” „… juridique. Entreprise 42. Paul Rolland 302 ADRs was compatible with the right of access to justice under …” „… access to justice. Traditionally, only State courts are regarded as being capable of implementing parties …”

Titelei/Inhaltsverzeichnis S. 1-14

„… , i.e. the development of private access to justice with litigation insurance, third party funding …” „… , a multi-doors system, since access to justice does not amount any longer to access to courts and to …” „… why new vectors of access to justice like third party funding and LegalTech services, that may impact …”

Burkhard Hess Privatizing Dispute Resolution and its Limits S. 15-46

„… enforceable instrument obtained in adversarial proceedings.32 Access to Justice The privatization of dispute …” „… weaker parties in litigation has been addressed under the keyword: “access to justice”. In this context …” „… , access to justice is not merely seen as a formal right to litigate a given case in a state court37 but …”

Chrisoula M. Michailidou Procedural and Substantive Issues of Mandatory Mediation and its Limits in Cross-Border Cases – The Example of the Greek Legislation S. 393-432

„… do not initiate (mandatory ADR), the right of access to justice requires that the costs of …” „… and Unberath H (eds.), Regulating Dispute Resolution ADR and Access to Justice at the Crossroads (Hart …” „… compatible with Art. 20 of the Greek Constitution providing for the right of access to justice and with Art …”

Alexandre Biard Towards High-Quality Consumer ADR: The Belgian Experience S. 79-104

„… Access to Justice, www.euciviljustice.eu). I am grateful to Ms. Jouant and Ms. Vandecavey from SPF …” „… Plan on Consumer Access to Justice and the Settlement of Consumer Disputes in the Internal Market’.5 On …” „… Communication from the Commission ‘Action plan on consumer access to justice and the settlement of consumer …”

Astrid Stadler Third Party Funding of Mass Litigation in Germany: Entrepreneurial Parties – Curse or Blessing? S. 209-232

„… contingency fees could violate the plaintiff’s right to access to justice, such arrangements have been allowed …” „… respect to access to justice, but as a consequence legislatures can be responsible only for providing a …” „… minimum financial support in the form of legal aid to ensure access to justice for everybody irrespective …”

Marta Cichomska Competing Jurisdictions: Domestic Courts v Investment Tribunals – How to Manage Parallel Claims? S. 533-572

„… developing new solutions to the issue? Indeed, after the earth-quaking judgement of the Court of Justice of …” „… for the submission of disputes to the International Court of Justice or ad hoc state-to …” „… to seek justice and regardless of the law (domestic, international or both) that underpins the claims …”

Yuji Yasunaga The Role of the Japanese Court in Civil Litigations Seeking to Protect the Public Interest S. 155-186

„… of trade (See eg Uesugi A, ‘Can collective actions be a solution to improve access to justice in …” „… Japan?’ in: Wrbka S. Uytsel SV and Siems M (eds), Collective Actions: enhancing access to justice and …” „… ’ in: Wrbka S, Uytsel SV and Siems M (eds), Collective Actions: enhancing access to justice and …”

Alexia Pato The Collective Private Enforcement of Data Protection Rights in the EU S. 129-154

„… jurisdiction, inasmuch as it directly impacts access to justice (infra 3.). Lastly, we provide concluding …” „… where data subjects need access to justice. In light of this, the next lines analyse the shortcomings of …” „… . Such data breaches have the power to affect numerous and geographically dispersed victims from …”

Janet Walker Privatizing Dispute Resolution and Its Limits: International Commercial Arbitration and National Courts S. 597-614

„… benefit of access to decision makers with well-established public track records in the adjudication of …” „… arbitration seemed unlimited, I suggested that national courts might be revitalized to re-establish their …” „… attractiveness to commercial parties.1 At the time, the boundless enthusiasm for the privatization of …”

Wannes Vandenbussche Introducing Apology Legislation in Civil Law Systems: A New Way to Encourage Out-of-Court Dispute Resolution S. 433-482

„… ). This could even result in denying injured people access to justice.39 On the other hand, a broad …” „… , To and Unger, note 4, 136-137. 39 Justice Committee, Apologies (Scotland) Bill, Written submission …” „… ). 76 Carroll, To and Unger, note 4, 128. See also Justice Committee Apologies (Scotland) Bill, note 73 …”

Juan Antonio Andino López A Glance to the Future of the Dispute Resolution: Collaborative Lawyers in Europe and Client-Attorney Legal Privilege in Subsequent Judicial Proceedings S. 105-128

„… to solve family disputes without appearing in front of a court of justice. In recent decades …” „… same access to all evidence used in the collaborative process, but fulfils its confidentiality. If the …” „… A Glance to the Future of the Dispute Resolution: Collaborative Lawyers in Europe and …”

Fenghua Li Privatizing Dispute Resolution: International Intellectual Property Agreements as a Gateway to Trigger Investor-State Arbitration S. 573-596

„… take actions (such as improving access to medicines and food or reducing smoking) to achieve the United …” „… compulsory licence is to reduce the costs of access to the production. By comparison, foreign investors in …” „… Privatizing Dispute Resolution: International Intellectual Property Agreements as a Gateway to …”

doi.org/10.5771/9783748900351

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Transitional Justice in Colombia

Kai Ambos (ed.), Stefan Peters (ed.)

Series: Studien zu Lateinamerika

Volume 44 2022

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Indira Yiceth Murillo Palomino, Laura Ximena Pedraza Camacho Access to justice beyond borders: Victims abroad and their participation before the JEP S. 187-208

„… Access to justice beyond borders: Victims abroad and their participation before the JEPIndira …” „… about access to justice for those victims, therefore this task had to be assumed by the Special …” „… not explicit about access to truth and justice by victims abroad. Thus, the responsibility for …”

Titelei/Inhaltsverzeichnis S. 1-12

„… 161Juliette Vargas TrujilloAccess to justice beyond borders: Victims abroad and their participation …” „… access to the JEP for exiled Colombian victims. The authors present the JEP’s strategies to promote the …” „… being perpetrated against the groups and territories that are most important to the transitional justice …”

Carlos Guillermo Castro Cuenca Combining the Purposes of Criminal Law and Transitional Justice in the Special Jurisdiction for Peace S. 85-110

„… ] to access and 4.4.1.Carlos Guillermo Castro Cuenca98maintain any special justice treatment, always …” „… justice.In order to accomplish its objectives, the JEP relies on an important mechanism to ensure that …” „… prompted to denounce those individuals who were most responsible.Achieving justiceTJ is first and foremost …”

Jenny Pearce, Juan David Velasco Persistent Violences and Transitional Justice: From Security to “Provention” as a Guarantor of No Repetition S. 209-230

„… renounce their intention to access their rights to truth, justice and reparation. And, failing that …” „… , from access to land, to defending indigenous rights and human rights in general. Following the Peace …” „… which are an obstacle to rights to truth, justice, reparation, and no repetition. This chapter explores …”

Kai Ambos, Susann Aboueldahab The Special Jurisdiction for Peace and Impunity: Myths, Misperceptions and Realities S. 37-62

„… perpetrators, knowing the truth, or receiving reparation. Thus, they obstruct access to justice (Ambos 2018a …” „… about the JEP’s mandate, scope and its underlying notion of justice) are detrimental to a truly critical …” „… materialization of the victims’ “right to justice”.3 In sum then, all States have an obligation to ensure the …”

Oscar Parra-Vera The Special Jurisdiction for Peace and Restorative Justice: First Steps S. 135-160

„… restorative justice aims. These obstacles have been related to, for instance, the interaction between …” „… justice will not only be included in the sanctions imposed by the SJP. Rather, it generally aims to guide …” „… challenges of restorative justice entailed in the TJ context, the purpose of this article is to reflect on …”

Stefan Peters The Special Jurisdiction for Peace in Colombia: Transdisciplinary Inquiries S. 231-246

„… access to justice for vulnerable groups in particular (Rivera Revelo & Peters 2017).In the context of the …” „… the imbrications of race, class and gender negatively affect access to justice. On a more general …” „… political discussions on transitional justice on an international level. During the last five to ten years …”

Juliette Vargas Trujillo The Collectivisation of Victim Participation: The Case of Colombia’s Special Jurisdiction for Peace S. 161-186

„… 164often demand technical expertise. Guaranteeing victims’ rights to access to justice means providing …” „… conflict. The JEP is not tied to a punitive approach: its mandate allows it to adopt a restorative justice …” „… consideration of other transitional or international criminal justice experiences may shed light on how to deal …”

doi.org/10.5771/9783748923534

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OSCE Yearbook 2009

Institute for Peace Research and Security Policy at the University of Hamburg / IFSH (ed.)

2010

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Robert Bosch Fighting Domestic Abuse – The OSCE Women’s Access to Justice Project in Albania S. 153-167

„… Women’s Access to Justice Project in Albania Introduction In this article we shall share the …” „… experience of the OSCE Presence in Albania (“the Presence”) in enhancing access to justice for women who …” „… grant women victims full and timely access to justice and effective remedies, and to adopt adequate …”

Hans-Joachim Heintze Are De Facto Regimes Bound by Human Rights? S. 267-277

„… the ECtHR as a result of the continuous refusal to grant her access to her property, which she …” „… exercise jurisdiction. By following this approach, international law does justice to a development that …” „… ascribed not to states but to de facto regimes, international criminal justice offers a procedure to …”

Titelei/Inhaltsverzeichnis S. 2-8

„… – The OSCE Women’s Access to Justice Project in Albania 157 Ulrich Heider Military Aspects of the …” „… is subject to copyright. All rights are reserved, whether the whole or part of the material is …” „… Copyright Law where copies are made for other than private use a fee is payable to »Verwertungsgesellschaft …”

Alexandre Keltchewsky The OSCE Centre in Astana at Ten: Activities and New Directions S. 213-223

„… Kazakhstan, especially with regard to public access and participation in environmental decision-making …” „… co-operation with ODIHR, supports efforts to reform the criminal justice system, assists Kazakhstan in …” „… two years, the Centre has supported an initiative of the Ministry of Justice to co-organize an …”

OSCE Conferences, Meetings, and Events 2008/2009 S. 403-409

„… inter-ethnic relations in Croatia, Zagreb and Vukovar 17-18 November OCEEA: Seminar on access to justice in …” „… Perrin de Brichambaut travels to North Ossetia to assess the humanitarian situation 18-19 August The …” „… to recognize the independence of the breakaway Georgian regions of South Ossetia and Abkhazia as …”

Anna Ekstedt Current Activities of the Council of the Baltic Sea States Task Force against Trafficking in Human Beings S. 361-373

„… analyses from contrasting perspectives and will need different kinds of access to different data. A …” „… Trafficking in Human Beings The Council of the Baltic Sea States (CBSS)1 appreciates this opportunity to …” „… CBSS was founded in 1992 as a response to the geopolitical changes that were taking place in the …”

Herbert Salber, Alice Ackermann The OSCE’s Comprehensive Approach to Border Security and Management S. 289-303

„… bordercontrol law-enforcement end-users real-time access to Interpol’s database. In its capacity-building …” „… , particularly states that are land-locked and have limited access to global markets. Intended as a reference …” „… 289 Herbert Salber/Alice Ackermann The OSCE’s Comprehensive Approach to Border Security and …”

Bulat Sultanov Kazakhstan and Its Preparations for the OSCE Chairmanship in 2010 S. 333-341

„… simplified and the right to sue governmental organizations and their employees for denying access to …” „… 1992. It is important to note that Kazakhstan’s accession to the OSCE was initiated by the Western …” „… independence 18 years ago, in 1991, it was vital to take part in political, social, and economic developments …”

doi.org/10.5771/9783845222240

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Challenges of Good Governance in the European Union

Robert Grzeszczak (ed.)

Series: German and European Studies of the Willy Brandt Center at the Wroclaw University

Volume 5 2016

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Jagna Mucha Chapter 7: The access to e-justice and its benefits for citizens and business environment S. 229-240

„… : access to justice-related information, access to court and out-of-court procedures in cross-border cases …” „… The access to e-justice and its benefits for citizens and business environment Jagna Mucha Key …” „… words: European e-Justice System, access to justice, judicial system, information and communication …”

Jagna Mucha Chapter 5: Good governance in the judicial system – enhancing the effectiveness of the judicial protection S. 91-106

„… participation in decision-making and access to justice in environmental matters shall be mentioned here.10 There …” „… decision-making and access to justice in environmental matters to community institutions and bodies, Official …” „… participation and access to justice Council Directives 85/337/EEC and 96/61/EC, Official Journal of the European …”

Kamil Mroczka Chapter 3: The impact of the informatisation of the judiciary on the efficiency and effectiveness of public duties – case study. S. 283-298

„… Justice and other public bodies. It should be emphasised that due to assumptions taken and the form of …” „… services; • access to the public network and services must be safe for our data and all kinds of …” „… innovative economy needs permanent, easy access to data gathered by public services; • we need to constantly …”

Magdalena Gniadzik Chapter 1: The development of the concept of EU citizenship through the incremental acceptance of citizens’ rights S. 107-122

„… individual to be assessed as integrated to a sufficient extent. Initially, the Court of Justice referred to …” „… concept, member states may limit access to different benefits for citizens of other member states and …” „… provide access to benefits only to the citizens who are sufficiently integrated with the society of the …”

Magdalena Gniadzik Chapter 2: Tackling discrimination in the European Union S. 123-138

„… well as to support social justice and protection, equal opportunities for men and women …” „… . However, in the case of access to goods and services, the prohibition only referred to the scope of …” „… . The Strategy’s general objective is to guarantee disabled citizens full access to their rights, and to …”

References S. 9-22

„… described in detail by the better regulation instruments. With regard to the access to e-justice, Jagna …” „… effective access to justice constitutes one of the fundamental pillars of a democratic legal order. However …” „… , it turned out to be a challenge to facilitate comprehensive, equal access to justice across the whole …”

Atina Krajewska Chapter 2: Into the light of good governance – what is the role of transparency in health law? S. 259-282

„… provision of and access to health care2 in the low- and middle-income countries and health inequities …” „… regard to access to medicines, it has been announced that the EU is committed to preserving access and …” „… WTO about TRIPS Agreements, or in access to medicines and health care services litigation in South …”

Michalina Szpyrka Chapter 3: Good Governance and Human Rights. The Right to Good Administration S. 63-78

„… mechanisms ensuring wide access to these services and paths for the participation of the public in …” „… aimed at bringing public administration closer to the citizens and facilitating access to the services …” „… access to the Internet and telecommunications networks have made it necessary to revise the traditional …”

Anna Kańciak Chapter 4: Development of information society services S. 155-172

„… barriers in the cyberspace. The growth of e-commerce and better access to online services have allowed for …” „… social and economic fields (Pietrzak, 2013: 95). Better access to knowledge and services for the pub- 1 …” „… European-wide policy goals across different sectors, from justice to social security, to trading business …”

Anna Kańciak Chapter 1: Initiatives supporting the internal and external security of the EU and its member states S. 241-258

„… Freedom, Security and Justice, external and global security, threats to internal security Introduction The …” „… changes, the Court of Justice assumed full judicial control and the right of the Commission to exercise …” „… evaluation of good governance in the European Union in the context of freedom, security and justice requires …”

Titelei/Inhaltsverzeichnis S. 1-8

„… access to e-justice and its benefits for citizens and business environment Chapter 7: 229 Jagna Mucha …” „… in Germany. This work is subject to copyright. All rights reserved. No part of this publication may …” „… private use a fee is payable to “Verwertungs gesellschaft Wort”, Munich. No responsibility for loss …”

Aldona Wiktorska-Święcka Chapter 7: Good governance at the metropolitan level. Examples of institutional practice in selected Polish metropolitan areas S. 343-366

„… development, response to needs, productivity and effectiveness, accountability transparency, justice and the …” „… public expenditure and revenue visible 1 1 1 access to public information as broad, as deep and as simple …” „… (social dialogue); equal access of individuals and groups to the possibility of creating of the initiative …”

Jędrzej Maśnicki Chapter 6: Good Governance thorough Better Regulation. Looking for the impact analysis approach to the proportionality principle S. 197-228

„… the legal reasoning. In the Gabi Thesing case the right to the access to the ECB documents was …” „… Good Governance thorough Better Regulation. Looking for the impact analysis approach to the …” „… assessment, better regulation The aim of this paper is to examine the mutual relations between good …”

doi.org/10.5771/9783845275451

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From common rules to best practices in European Civil Procedure

Burkhard Hess (ed.), Xandra E. Kramer (ed.)

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 8 2017

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Ernst Steigenga, Marco Velicogna Envisioning the Next Step in e-Justice: In Search of the Key to Provide Easy Access to Cross-border Justice for All Users S. 243-270

„… Envisioning the Next Step in e-Justice: In Search of the Key to Provide Easy Access to Cross-border …” „… , 2009/2140(INI); M. Velicogna et al., “Simplifying access to justice in cross-border litigation, the national …” „… August 2015), Toulouse, France; M. Velicogna, G. Lupo, E.A. Ontanu, “Simplifying access to justice in …”

John Sorabji Taking Justice Online: Developments in England and Wales and Their Potential Influence on European Procedural Harmonisation S. 213-242

„… , Access to Justice: Interim Report to the Lord Chancellor on the Civil Jus‐ tice System in England and …” „… Wales (HMSO), 1995; H. Woolf, Access to Justice: Fi‐ nal Report to the Lord Chancellor on the Civil …” „… rationalization and do so in a way that would secure access to justice in a more effective and economic manner …”

Pablo Cortés The Need for Synergies In Judicial Cooperation and Dispute Resolution: Changes in the European Small Claims Procedure S. 379-402

„… then analyses critically its recent amendments that intend to increase access to justice for European …” „… ESCP; it then analyses critically its recent amendments that intend to increase access to justice for …” „… the claim, it could also raise access to justice concerns when only one par‐ ty has legal …”

Elena Alina Onţanu Incorporating European Uniform Procedures into National Procedural Systems and Practice: Best Practices a Solution for Harmonious Application S. 459-480

„… can reach disproportionate levels. In order to fa‐ cilitate access to justice for citizens and …” „… access to justice in cross-border litigation, the national practices and the limits of the EU procedures …” „… States according to information provid‐ ed by the Ministries of Justice/Council for the Judiciary for the …”

Eva Storskrubb E-Justice, Innovation and the EU S. 271-302

„… in asserting their rights by raising awareness and thereby contributing to access to justice.12 A …” „… proceedings as well as reduce time and cost of proceedings, thereby facilitating access to justice.20 Ac …” „… ‐ cording to the Commission, EU e-justice is introduced in order to improve access to justice, cooperation …”

Fernando Gascón Inchausti Transplanting Best Practices from ADR Mechanisms to Court Proceedings in Cross-border Litigation? S. 403-426

„… Administration of Justice. New Trends in Access to Justice under EU Directive 2013/11, Sellier, 2015; P. Cortés …” „… “access to justice”: i.e. as proper tools to achieve the main scope of Justice (with a capital “J”).This …” „… Processes within the Framework of the World-Wide Access-to-Justice Movement", 56 MLR (1993) 287. Much more …”

Marco Velicogna, Giampiero Lupo From Drafting Common Rules to Implementing Electronic European Civil Procedures: The Rise of e-CODEX S. 181-212

„… , L 189. 8 M. Velicogna et al., “Simplifying access to justice in cross-border litigation, the …” „… cross-border exchange of judicial data and to allow access to crossborder e-Justice services. By the end of …” „… e-Justice Portal is being modified to become a central European Service Provider, allowing access to the …”

Adriani Dori, Vincent Richard Litigation Costs and Procedural Cultures – New Avenues For Research in Procedural Law – S. 303-352

„… , “Access to Justice: The Newest Wave in the Worldwide Movement to Make Rights Effective”, 27 Buffalo L.Rev …” „… European countries guarantee cost-free access to justice, Luxemburg15 and France.16 Court fees are usually …” „… . However, the measure was considered as an obstacle to access to justice and it was soon re‐ pealed, see …”

Burkhard Hess, Xandra Kramer From Common Rules to Best Practices in European Civil Procedure: An Introduction S. 9-30

„… citizens’ access to justice in the EU.”24 This initiative by the European Parliament is so far the most …” „… diverging litigation costs. Offering rich insights on access to justice in cross-border cases, Adriani Dori …” „… , take a broader view and analyse how e-justice should be designed so as to guarantee (easy) access to …”

Christopher Hodges, Stefaan Voet Consumer Dispute Resolution Mechanisms: Effective Enforcement and Common Principles S. 353-378

„… , OUP, 2016; A. Fejős and Ch. Willett, “Consumer Access to Justice: The Role of the ADR Direc‐ tive and …” „… discrepancies in access to justice across the Member States. There is also the threat of a ‘catch 22’ scenario …” „… disability, language, help and advice. It is also about removing barriers to access to justice. For example …”

Marta Requejo Isidro Do We Need Harmonisation to Achieve Harmonious Cooperation? S. 77-118

„… Union shall facilitate access to justice, in particular through the principle of mu‐ tual recognition of …” „… procedural rights and access to justice is not the primary con‐ cern; the individual right to a due process …” „… , civil judi‐ cial cooperation tends to facilitate access to justice in order to satisfy pri‐ vate …”

Christopher A. Whytock Harmonization of Civil Procedure: Is the United States a Model for the European Union? S. 133-158

„… sufficient resources in so far as such aid is necessary to en‐ sure effective access to justice.”. 71 Article …” „… organizes into four cat‐ egories: regulating access to court and to justice, ensuring fairness of the …” „… existence of a coherent “American approach” to civil justice: As Dubinsky23 puts it: [T]here exists today …”

Remo Caponi Harmonizing Civil Procedure: Initial Remarks S. 43-62

„… machineries of justice across the world − which include access to justice as well as effect‐ ive and efficient …” „… Harmonizing Civil Procedure: Initial Remarks 59 various barriers to access to justice. Second, to apply the …” „… as to prevent good practices of judicial proceedings. (C) Remo Caponi 44 Justice is administered in …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Search of the Key to Provide Easy Access to Cross-border Justice for All Users 243 Ernst Steigenga …” „… From common rules to best practices in European Civil Procedure Burkhard Hess and Xandra E …” „… BUT_Hess_4219-6.indd 2 17.11.17 07:37 Burkhard Hess and Xandra E. Kramer (eds.) From common rules to …”

Jolanda Girzl How can alternative mechanisms for dispute resolution contribute to judicial cooperation and what is needed to ensure effective enforcement in cross-border cases? S. 427-438

„… ‐ proving general access to justice in everyday life. Important is that there will be a real independent and …” „… http://arn.se/om-arn/statistik/. 6 The principle of public access to official documents has been incorporated into one of the …” „… / how-sweden-is-governed/the-principle-of-public-access-to-official-documents/. How can alternative mechanisms for dispute resolution contribute 431 Table 1. Statistics …”

Monique Hazelhorst Harmonious Judicial Cooperation Through Harmonisation: (What) Can We Learn From Criminal Matters? S. 119-132

„… harmonisation of procedural standards. In the field of civil justice, improving access to justice has tak‐ en …” „… to improve the accessibility and reliability of justice for individuals, which in turn allows them to …” „… the question as to whether harmonisation in criminal justice should serve as an example for the civil …”

C.H. van Rhee Approximation of Civil Procedural Law in the European Union S. 63-76

„… of Human Rights and the Court of Justice of the Euro‐ pean Union (to name just a few) may be of …” „… stated in Maastricht that the role supreme courts play in national civil justice systems determines to a …” „… to guarantee quality and fairness there should be more or less unlimit‐ ed access to the supreme …”

Gilles Cuniberti The Promotion of Best Practices in European Civil Procedure: Some Introductory Remarks S. 439-450

„… European civil justice? It seems to me that an important distinction should be made between two types of …” „… States, and trusted the civil justice of other Member States, they could consider to rely on an expert …” „… : efficiency in the man‐ agement of court resources versus the right to (actual) access to a court, which …”

Jan von Hein Comments on Christopher A. Whytock, Harmonization of EU Procedural Law: Is the US a Positive or Negative Model? S. 159-180

„… comply with US standards in order to maintain access to one of the biggest markets in the world while, at …” „… restrictive case-law of the German Fed‐ eral Court of Justice do not seem to leave much room for any …” „… transferred by the Ger‐ man Federal Court of Justice to § 29 ZPO in a case that concerned a carri‐ er …”

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The 50th Anniversary of the European Law of Civil Procedure

Burkhard Hess (ed.), Koen Lenaerts (ed.)

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 22 2020

Results in this title

Elena Alina Onţanu Encoding Justice: A Quest for Facilitating Access to Justice by e-Handling of Cross-Border Litigation. The Example of the European Uniform Procedures S. 473-506

„… Encoding Justice: A Quest for Facilitating Access to Justice by e-Handling of Cross-Border …” „… 1. 474 Access to Justice and ICT2. 477 The European Uniform Procedures3. 482 Digital Justice via …” „… /ulr.41/); X.E. Kramer, ‘Access to Justice and Technology: Transforming the Face of Cross-Border …”

Cinzia Peraro Cross-border Collective Redress and the Jurisdictional Regime: Horizontal vs Sectoral Approach S. 317-348

„… access to justice, improves justice efficiency and strengthens the power to act, has been addressed in …” „… action. Collective redress facilitates access to justice in particular in cases where the individual …” „… intended ‘to facilitate access to justice in relation to violations of rights under Union law and to that …”

Xandra Kramer, Jos Hoevenaars European Civil Procedure and the Dialogue between National Courts and the European Court of Justice S. 175-202

„… – bridging access to justice’; see . 175 Introduction Celebrating the 50th anniversary …” „… of mutual trust, with the aim of enhancing access to justice for EU citizens.9 An important …” „… , currently the Brussels I-bis Regulation1 – it is no overstatement to say that civil justice in Europe has …”

Johan Meeusen The Contribution of ‘Brussels I’ to the Process of EU Integration: a True Trailblazer for the Europeanization and Constitutionalization of Private International Law S. 121-146

„… and L. Verhaert, “The Link Between Access to Justice and European Conflict of Laws After Lisbon. Much …” „… Ado About Nothing?”, 81 RabelsZ, 2017, 858–883. 15 See e.g. the references to access to justice in the …” „… /EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum …”

Fausto Pocar The Brussels Convention: 50 Years of Contribution to European Integration1 S. 249-258

„… right to access to justice. And there is also no doubt that an equal protection of that right, as well …” „… to access to justice, thus completing the scope of the agreement reached at the conclusion of the …” „… legislator and the Member States. By failing to enhance the equal access to justice of its citizens, the EU …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Internet Age? 451 Tobias Lutzi Encoding Justice: A Quest for Facilitating Access to Justice by e- Handling …” „… Net: Has the Court of Justice’s Approach to Online Torts Made the Brussels Framework Fit for the …” „… , Baden-Baden, Germany 2020. Printed and bound in Germany. This work is subject to copyright. All rights …”

Burkhard Hess Seminal Judgments (les Grands Arrêts) in the Case Law of the European Court of Justice S. 11-46

„… Justice3. 17 Autonomous Interpretation3.1. 17 Jurisdiction: Access to Justice and Legal Certainty3.2. 19 …” „… : Access to Justice and Legal Certainty As a double convention, the Brussels Convention (BC) provided not …” „… access to justice.40 The most pertinent example of a structurally broad interpretation relates to …”

Tobias Lutzi Casting the Net: Has the Court of Justice’s Approach to Online Torts Made the Brussels Framework Fit for the Internet Age? S. 451-472

„… Casting the Net: Has the Court of Justice’s Approach to Online Torts Made the Brussels Framework …” „… claimant access to an additional forum with jurisdiction for the entire damage, though, makes it seem like …” „… the claimant.61 Second, the mosaic approach is inherently one-sided. It gives the claimant access to …”

Index S. 551-558

„… English (i.e. acte clair, effet utile). Access to justice, 19, 20, 38, 56, 126, 179, 252, 255, 322, 324 …” „… Index The index below is in English, but the indicated page numbers may refer to contributions …” „… sequitur forum rei, see Forum: Forum rei Administration of justice (sound, proper), 260, 261, 276, 286, 291 …”

Zuzanna Witek Trust, but Verify. Loss of Mutual Trust as a Ground for Non-Recognition in the Area of Freedom, Security and Justice. Example of the Judiciary Crisis in Poland S. 507-546

„… Charter on access to justice143. Advocate General Tanchev delivered his opinion to the CJEU on 20 June …” „… 11. In reference to Koen Lenaerts, President of the Court of Justice of the European Union (CJEU …” „… Justice Law, Oxford, Hard Publishing, [2014], p. 36. 39 Communication from the Commission to the Council …”

Stephanie Law Your Place? Mine? Or Theirs? A Legal and Policy-orientated Analysis of Jurisdiction in Cross-Border Collective Redress S. 349-392

„… collective redress that ensures access to justice for groups of individuals while avoiding potential abuses …” „… is to say, the aim is to ensure a balance between access to justice and avoidance of abuse via a …” „… ), raising the question of whether there exists effective access to justice and efficient administration of …”

Janek Tomasz Nowak Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles? S. 393-450

„… : https://www.consilium.europa.eu/n l/press/press-releases/2020/06/30/eu-consumers-obtain-access-to-collective-redress/ Representative …” „… recognition or enforcement is being sought.26 The Court of Justice has no definitional powers in relation to …” „… policy to a large extent31 – and allows the Court of Justice to play a bigger role in this regard by …”

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Approaches to Procedural Law

Loïc Cadiet (ed.), Burkhard Hess (ed.), Marta Requejo Isidro (ed.)

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 9 2017

Results in this title

Francisco Verbic II. Access to Justice of Disadvantaged Groups and Judicial Control of Public Policies through Class Actions in Argentina S. 391-414

„… Access to Justice of Disadvantaged Groups and Judicial Control of Public Policies through Class …” „… ) the scope of class actions as a means of access to justice and enforcement of their fundamental rights …” „… I briefly assess the barriers preventing access to justice and the capacity of class actions to …”

Index S. 547-552

„… ‐ tion of civil justice 12, 221 f., 227, 239. Access to the Courts 544. – access to court 85, 407 …” „… , 509. Access to justice 6, 71, 230, 356, 391ff., 393, 398 f., 403 ff., 404, 406 ff., 496 f …” „… Amend‐ ments to the Protocol on the Statute of the African Court of Justice and Human Rights) 306, 307 …”

Remo Caponi II. Procedural Law and Global Governance: Exploring and Mapping a New Research Field S. 535-546

„… , Institutions and Access to Justice: Legitimacy and Accountability in Global Regulatory Governance: Global …” „… linked to State authority than other branches of the law: justice being administered primarily in …” „… procedure for preliminary refer‐ ence to the Court of Justice of the European Union, the weight of the right …”

Fernando Gascón Inchausti I. Comparative Perspectives in Procedural Law: Some Remarks and Proposals S. 13-46

„… .), The Role of Consumer ADR in the Administration of Justice. New Trends in Access to Justice under EU …” „… - ADR and Access to Justice at the Crossroads (Hart Publishing, Oxford, 2013); T. Sourdin, “The Role of …” „… important to assume that the notion of civil justice and civil proceedings shall, in many cases and for many …”

Aluisio Gonçalves de Castro Mendes III. Some Remarks about Collective Procedural Law and the New Brazilian Civil Procedure Code S. 491-506

„… ) access to justice; b) judicial economy; c) equality; d) effectiveness of the material law (if only few …” „… collective re‐ dress should be present, as part of the principle of access to justice. For this reason, many …” „… countries, like Portugal, Brazil and Argentina, have in‐ troduced the collective access to justice or …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Law: Reconciling Representation and Participation I. 345 Edilson Vitorelli Access to Justice of …” „… procedural law, passing by the regionalization of courts, the various forms and norms of access to justice …” „… the tendency of privatization of justice and process, to the impact of EU financial crisis on national …”

Hilde K. Ellingsen I. Judicial Review of Administrative Decisions in Domestic Courts – Union Law Requirements on the locus standi of Individuals S. 507-534

„… Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in …” „… (ed.), Access to Justice in Environmental Matters in the EU 61 (The Hague, Kluwer Law International …” „… demonstrate either a right or an interest in order to be granted access to court.3 What this implies more …”

Carlo Vittorio Giabardo I. Mauro Cappelletti’s Methodology in Comparative Civil Justice and the Coercive Powers of Courts as a Case Study S. 65-92

„… “Access to Justice” (1978/9), his best known book that gained international reputation – are philosophical …” „… aid and access to justice for the poor (included the role alternative dispute resolution mechanisms 11 …” „… Comparative Studies About Justice), he aimed to put into words for the first time his personal methodological …”

Ana Isabel Blanco García III. Financial Consumer Redress by ADR and ODR. New European Approaches S. 415-440

„… entails a barrier to access Justice and to obtain an effective resolution of the conflict with the …” „… compared to traditional justice. However, the specificity and complexity of current problems have led to …” „… information and assistance to consumers to help them exercise their rights and obtain access to appropriate …”

Leandro J. Giannini III. Supreme Courts: “Filters’’ and the Case Selection. Argentina’s Writ of Certiorari in a Comparative Perspective S. 249-266

„… gravaminis intended to limit access to the highest courts) or other punitive-oriented mechanisms, aimed to …” „… limit access to their own supreme courts, by imposing on them a review of every case in which a federal …” „… 254 gravity” grants access to the court of appeals that suffer from all kinds of imperfections or that …”

Christoph A. Kern III. Statistical Methods in Comparative Civil Procedure – Chances and Risks Christoph A. Kern S. 121-144

„… well as the respective social, 17 See, e.g., Lord Woolf, Access to Justice, Final Report, in particular …” „… Ap‐ proaches to the Qualitative Comparison of Civil Justice Systems”, 14 Zeitschrift für Zivilprozess …” „… other researchers, it is mostly impossible to receive or have access to research funds of the necessary …”

Yuliya Barel I. The Court of the Eurasian Economic Union: Basic and Some Controversial Questions of Jurisdiction and Procedure S. 267-294

„… the Court of Justice of the European Union (Protocol 3 to Treaty on Functioning of the European Union …” „… circumstances, or selfrecusation. The rules are also too complex to apply when a new Member State accesses the …” „… on 63 G. Vandersanden, “The Real Test ‒ How to Contribute to a Better Justice: The Ex‐ perience of …”

Luisa Enna I. The Italian Assisted Negotiation for Legal Separation and Divorce S. 173-210

„… more precise, it must be clear that access to the procedure is pos‐ sible only if the spouses are …” „… actually legally bonded in marriage, and they have access to this procedure mainly for the purpose of …” „… grant a same-sex couple such as the appli‐ cants’ access to marriage”. The Court also suggests that the …”

Anastasia L. Papadopoulou II. The Impact of the EU Financial Crisis in the Europeanization of the Greek Civil Procedural Law: A Multi-Methodological Insight to the New Greek Civil Procedure Code (2015), its Scope and Innovative Provisions S. 211-248

„… guarantees the right of every individual to free access to justice and for a fair trial within a reasonable …” „… citizens’ recourse to justice and the consequent overloading of courts’ dockets; thus the modification of …” „… justice together with the enforcement of judgments procedure belong to the most significant aspects of …”

Edilson Vitorelli I. Collective Due Process of Law: Reconciling Representation and Participation S. 343-390

„… It is unlikely that, in the context of a state which seeks to increase access to justice, but at the …” „… Justice Marco Aurélio Bellizze, Fifth Panel, tri‐ al date: 22/05/2012. 6 “This analysis as to liberty …” „… Michele Taruffo also points to the problem, noting that “in today's globalized world, serving justice and …”

Juliana Pondé Fonseca The Changing Role of Courts between the Privatization of Adjudication and the Privatization of Procedure S. 145-172

„… misdemeanour justice, going from perpetrating punishment to social control;6 and on the fact that, in general …” „… institute. I plan to 78 In Brazil, easy access can be provided by the national bar association (the Brazil …” „… seems to be inevitable and is not always coherent. Studies that follow this methodology have popularized …”

Valentin Rétornaz II. Beware of Legal Families: The Example of the Effects of Res Judicata Toward Third Parties S. 93-120

„… resources al‐ located to justice.76 So the relinquishment of the mutuality requirement (b) (i) 72 For a …” „… would be a scandal to the administration of justice if, the same (b) 84 Above-mentioned judgment, at 331 …” „… continental jurisdictions where third parties have access to a remedy against the judgment. Even in those …”

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Open Justice

Burkhard Hess (ed.), Ana Koprivica Harvey (ed.)

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 13 2019

Results in this title

Cécile Chainais Open Justice and the Principle of Public Access to Hearings in the Age of Information Technology: Theoretical Perspectives and Comparative Law S. 59-90

„… Open Justice and the Principle of Public Access to Hearings in the Age of Information Technology …” „… international treaties, the principle of open justice – and especially that of public access to hearings – is …” „… Justice and the Principle of Public Access to Hearings 61 twenty-first century; they must think of partly …”

Judith Resnik The Functions of Publicity and of Privatization in Courts and Their Replacements (from Jeremy Bentham to #MeToo and Google Spain) S. 177-252

„… Reasons in Europe: Access to Justice, Foreign Court, Avoidance, and Efficiency’ (2008) 57 International …” „… Chainais, ‘Open Justice and the Principle of Public Access to Hearings in the Age of Information Technology …” „… needed. 12 As Lord Ryder explained, ‘open justice’ encompasses ‘the principle of equal access to court …”

Burkhard Hess, Ana Koprivica Harvey Open Justice in Modern Societies: What Role for Courts? S. 9-46

„… such developments on access to justice in their chapters in this book.50 Fourth, open justice is about …” „… decision- 47 Judith Resnik, in this Volume, 181. 48 Although access to justice and openness of the …” „… to justice facilitates parties’ access to the dispute settlement system whereas ‘public hearings …”

John Sorabji Open Justice and the Privatisation of English Civil Justice S. 253-268

„… meant they breached the right to access to justice; a right guaranteed at both common law (as a …” „… . First, it noted that access to justice is inherent in the rule of law. This was not always understood …” „… Harry Woolf, ‘Access to Justice: Interim Report to the Lord Chancellor on the Civil Justice System in …”

Jean-Claude Wiwinius Public Hearings in Civil Proceedings: From the Perspective of a Luxembourgish Judge S. 97-102

„… justice in Luxembourg, but also about transparency of justice, access to justice, and thus the topic of …” „… aspect of access to justice is access to jurisprudence, which means broader publication of court …” „… the Supreme Court, I feel compelled to show to the public that justice is not only made of criminal …”

Sir Ernest Ryder Securing Open Justice S. 125-142

„… United Kingdom, of access to justice.2 Unless courts are genuinely open to all those, whether individuals …” „… Access-to-Justice Movement’ (1993) 56 The Modern Law Review 56, 282. 5 Ethan Katsh and Orna Rabinovich-Einy, Digital …” „… and second aspects of open justice, access to the courts and public scrutiny provide for the judicial …”

Michal Bobek Epilogue: Past and Looming Challenges to Open Justice S. 277-302

„… Looming Challenges to Open Justice 279 TFEU limits the access to documents foreseen by that provision only …” „… Epilogue: Past and Looming Challenges to Open Justice Michal Bobek* This volume has explored a …” „… least some of the themes are classical, not to say ancient. Principled reasons as to why justice must be …”

Maciej Szpunar Right to a Public Hearing According to Art 6 ECHR and Art 47 of the Charter of Fundamental Rights of the EU: Constitutional Perspectives S. 47-58

„… of access to justice which, as we shall see in more detail, inter alia, entails the right to a public …” „… so far as such aid is necessary to ensure effective access to justice. It is already apparent from …” „… Court of Justice to ‘ensure that in the interpretation and application of the Treaties the law is …”

Index S. 311-316

„… Index access to – court, 17, 29, 63, 125, 181, 189, 209, 229, 241, 255, 256 – documents, 183-186 …” „… , 107, 108, 196 entertainment, 120, 275 Index 312 exceptions to right to public access, 30, 51, 53, 63 …” „… , 280 – hearings, 20, 36, 59, 60, 61, 63, 65, 66, 72, 74, 77, 83, 85, 87 – justice, 18, 38, 48, 49, 97 …”

Titelei/Inhaltsverzeichnis S. 1-8

„… in order to stimulate a discussion about the principle of open justice in democratic societies. By …” „… journalists to express their understanding of the principle of open justice today. It soon became apparent …” „… and contexts. Over the two days of the Conference, a multiplicity of issues pertaining to open justice …”

Katrin Gierhake How to Justify the Open Court Principle in Criminal Proceedings S. 103-116

„… understanding of publicity, as access to the main hearing Joachim Scherer, Gerichtsöffentlichkeit als …” „… Feuerbach, also in 1821, devoted a book to the topic of publicity and orality of the maintenance of justice …” „… aspect against the nature of justice. He further asked what the reasons could be for justice to seek …”

Robert Magnus New Media in the Courtroom: Benefits and Challenges S. 91-96

„… the media should be given priority access to the limited space in the court room.16 Here the changed …” „… of the press and therefore able to claim priority access? These are questions which lie at the very …” „… songwriter once said 'the times they are a-changing …'1 and I want to add they are changing fast. In only …”

Joachim Jahn German Courts Open Their Doors (a Little Bit) Wider to the Media S. 269-276

„… about media access to a trial and accordingly drafted some strict guidelines.25 Moreover, in the future …” „… German Courts Open Their Doors (a Little Bit) Wider to the Media Joachim Jahn Introduction Until …” „… television teams to film only them, the prosecutors, and lawyers before, between, or after the hearings …”

doi.org/10.5771/9783845297620

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Sustainable Development Goals

Winfried Huck

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2022

Results in this title

Goal 16 Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels Promote peacef... S. 582-613

„… to justice,access to information and the ability to participate in decision-making processes …” „… and Manfred Nowak (eds), Equal Access to Justice for All and Goal 16 of the SustainableDevelopment …” „… and Deborah Isser, ‘Access to Justice and Legal Pluralism in FragileStates: The Case of Women’s Rights …”

Epilogue S. 633-652

„… access to justice and can (partly only after refinement) considerably relievethe judicial system of a …” „… Rights Enforcement by People Living in Poverty: Access to Justice inNigeria’ (2010) 54(2) Journal of …” „… access to justice,25 highlighting the arduous processof claiming the right to education before a court or …”

Goal 6 Ensure availability and sustainable management of water and sanitation for all S. 251-286

„… Convention which guarantees access to (environmental) informationand justice,181 the information and public …” „… , achieve universal and equitable access to safe and affordable drinkingwater for all6.2 By 2030, achieve …” „… access to adequate and equitable sanitation and hygiene for alland end open defecation, paying special …”

Introduction S. 1-88

„… al., ‘The Right to BreatheClean Air and Access to Justice – Legal State of Play in International …” „… Jennifer Maaß, ‘Gaining a footin the door: Giving Access to Justice with SDG 16.3?’ (2021) 2021-5 C-EENRG …” „… 2019); Jennifer A. Leitch, ‘Having a say: ‘access to justice’ as democraticparticipation’ (2015) 4 UCL …”

Goal 1 End poverty in all its forms everywhere S. 89-124

„… marginalises certain sections of society leavingthem without a voice or access to justice, creating inequality …” „… inclusivegrowth, equality, poverty-reduction, social justice and social inclusion. The core of ac-cess to justice …” „… economic resources, as well as access to basic services, own-ership and control over land and other forms …”

Goal 7 Ensure access to affordable, reliable, sustainable and modern energy for all S. 287-322

„… Goal 7Ensure access to affordable, reliable, sustainable andmodern energy for all7.1 By 2030 …” „… , ensure universal access to affordable, reliable and modern energy ser-vices7.2 By 2030, increase …” „… improvement in energy efficiency7.a By 2030, enhance international cooperation to facilitate access to clean …”

Goal 5 Achieve gender equality and empower all women and girls S. 213-250

„… protection before the law, access to justice and effective remedies(Art. 14 ICCPR, Art. 8 UDHR, Art. 11 UDHR …” „… universal access to sexual and reproductive health and reproductiverights as agreed in accordance with the …” „… equal rights to economic resources, as wellas access to ownership and control over land and other forms …”

Goal 8 Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all Promote sustained, inclusive and sustainable economic growth, employment and... S. 323-357

„… violation of the right to access to justice,149which entailed not only restitution but also compensation …” „… medium-sized enterprises, includingthrough access to financial services8.4 Improve progressively, through 2030 …” „… Strengthen the capacity of domestic financial institutions to encourage andexpand access to banking …”

Goal 10 Reduce inequality within and among countries S. 387-418

„… , poverty-reduction,social justice and social inclusion’157 is essential. ‘Since the core of access to justiceis equality and …” „… there-fore essential to ensure and maintain access to fair justice and legal systems (→ Goal 16mn. 22 ff.).76 …” „… inability to access legal and justice services can beboth a result as well as a cause of disadvantage …”

Goal 12 Ensure sustainable consumption and production patterns S. 455-487

„… and much more to restrict access to foreign markets with the inten-tion of protecting the domestic …” „… give particular attention to: (i) the effect of environmental measures on market access,especially in …” „… of the Court of Justice of the European Communities– Law applying to related areas such as State Aid …”

Table of Cases S. XXV-XLIV

„… 1957 15Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile), Judg-ment of 1 October …” „… 2018171 9Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile), Declara-tion of President …” „… Botswana Mosetlhanyane and others v. Attorney General of Botswana (Access to Wateron Ancestral Lands …”

List of Abbreviations S. IX-XXIV

„… Charter of Fundamental RightsECHR European Convention on Human RightsECJ European Court of JusticeECOSOC …” „… , Social and Cultural RightsICJ International Court of JusticeICJL International Journal of Law in …” „… Journal of International Criminal JusticeJIEL Journal of International Economic LawJMCC Commercial Court …”

Index S. 685-696

„… ) 7 54Energy Charter Treaty (ECT) 7 53Energy justice– access to energy 7 56 ff.– energy poverty 7 …” „… Environmental justice 17 44– Aarhus Convention 16 67– access to information 15 62– Escazú Agreement 16 67 …” „… labour– access to justice 8 88– definition 8 35 f.– inhumane treatment 8 88Foreign Direct Investment …”

Goal 3 Ensure healthy lives and promote well-being for all at all ages S. 153-181

„… Wellbeing (Routledge, London 2019); Eilionóir Flynn, ‘Art. 13 Access to Justice’, inIlias Bantekas, Michael …” „… , Alexander Schulte, Sarah Heß and Marc-Anthony Walter, ‘The Right to BreatheClean Air and Access to Justice …” „… 31 For a legal state of view see: Huck et al., ‘The Right to Breathe Clean Air and Access to Justice …”

Goal 15 Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss Pro... S. 554-581

„… relevant because the possibility of extending access to justice in environmentalmatters is currently being …” „… Participa-tion in Decision-making and Access to Justice in Environmental Matters to Community institutions …” „… Access to Justice in Environmental Matters to Communityinstitutions and bodies, 14 October 2020.190 See …”

Goal 11 Make cities and human settlements inclusive, safe, resilient and sustainable S. 419-454

„… ) 124(6) Health Policy,581 (589).132 Huck et al., ‘The Right to Breathe Clean Air and Access to Justice …” „… , ensure access for all to adequate, safe and affordable housing and basicservices and upgrade slums11.2 By …” „… 2030, provide access to safe, affordable, accessible and sustainable transportsystems for all …”

Goal 13 Take urgent action to combat climate change and its impactsAcknowledging that the United Nations Framework Convention on Climate Change is the primary international, intergovernmental forum fo... S. 488-519

„… ; furtherreading: Huck et al.,‘The Right to Breathe Clean Air and Access to Justice – Legal State of Play …” „… Treaty; Convention on Access to Information, Public Participation in Decision-makingand Access to Justice …” „… Human Rights in 2005,128 thereby revealing themost outstanding obstacles in getting access to justice …”

Goal 4 Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all Ensure inclusive and equitable quality education S. 182-212

„… Jurisdiction‘At national level, judicial mechanisms and access to justice play a crucial role inenforcing the …” „… and boys have access to quality early childhooddevelopment, care and pre-primary education so that …” „… they are ready for primaryeducation4.3 By 2030, ensure equal access for all women and men to affordable …”

Goal 2 End hunger, achieve food security and improved nutrition and promote sustainable agriculture End hunger, achieve food security S. 125-152

„… ofdenying proper access to justice, the IACtHR, referring inter alia to Art. 26 ECHR, ruledthat the state of …” „… , pastoralistsand fishers, including through secure and equal access to land, other productiveresources and inputs …” „… diversified seed and plant banks at the national, regional and interna-tional levels, and promote access to …”

Resolution adopted by the General Assembly on 25 September 2015 S. 653-684

„… societies for sustainable development, pro-vide access to justice for all and build effective, accountable …” „… 16.Promote peaceful and inclusive societies for sustainabledevelopment, provide access to justice for …” „… fear and violence. A world with universalliteracy. A world with equitable and universal access to …”

Goal 9 Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation Build resilient infrastructure, promote inclusive and sustainable industrialization S. 358-386

„… alia,industrial diversification and value addition to commodities9.c Significantly increase access to information …” „… and communications technology andstrive to provide universal and affordable access to the Internet in …” „… enterprises (2018); Steven Feldstein, ‘Why Internet Access Is a Human Right, What We Can Do toProtect It …”

Title pages/Table of content S. I-VIII

„… . . . . . . . .Goal 6 251Ensure access to affordable, reliable, sustainable and modern energy for all …” „… work is subject to copyright. All rights are reserved, whether the whole or part of the material is …” „… Copyright Law where copies are made for other than private use a fee is payable to »Verwertungsgesellschaft …”

Goal 17 Strengthen the means of implementation and revitalize the Global Partnership for Sustainable Development Strengthen the means of implementation and revitalize the Global Partnership S. 614-632

„… , South-South and triangular regional and internation-al cooperation on and access to science, technology and …” „… policies can be reformed.74 SDG17.6 dealswith cooperation on and access to science, technology, innovation …” „… , and information.75An important tool to access information is the Internet.76 It can also help to …”

Goal 14 Conserve and sustainably use the oceans, seas and marine resources for sustainable development Conserve and sustainably use the oceans, seas and marine resources S. 520-553

„… leastdeveloped countries14.b Provide access for small-scale artisanal fishers to marine resources and markets14.c …” „… small small-scale artisanal fishers by strained marine resources by aiming toprovide them access to …” „… need to ensure access to fisheries and the importance of access tomarkets, by subsistence, small-scale …”

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