15 avril 2021

OUVRAGE : A. Auersperger Matić : Just Words: The Effectiveness of Civil Justice in European Human Rights Jurisprudence

Andrej AUERSPERGER MATIĆ

This book examines the role of the European Court of Human Rights in promoting standards of effective civil justice in Europe. It defines judicial effectiveness as composed of three main components, namely the length, cost and predictability of proceedings. Following a comprehensive review of the relevant case law, the book argues that the legal standards established by the Court in these areas are rather modest, and that the legal reasoning behind them is predominantly formalist. Rather than developing an understanding of the relevant policy choices that determine the institutional framework of civil justice, the Court bases its decisions on abstract concepts like 'reasonable time', 'access to court' and 'legal certainty'. By sidelining the key institutional issues such as resource allocation and incentives, the Court has produced a largely theoretical case law that actually has little value for persons who wish to enforce their rights in courts.


TABLE OF CONTENTS

Preface 
Acknowledgements
Table of Cases
Table of Legal Instruments 

1. Introduction

1.1 Background
1.2 Problems
1.3 Questions
1.4 Approach
2. Justice and the Rule of Law
2.1 Introduction
2.2 The Classical View
2.3 The Institutional View
2.4 Implications
3. Justice and European Integration
3.1 International Trends
3.2 The Council of Europe
3.3 The European Union
3.4 The State of Play
4. The Idea of Effectiveness
4.1 Justice and Evaluation
4.2 Basic Distinction
4.3 The Parameters of Effectiveness
5. From Policy to Principle
5.1 Transforming Policy into Law
5.2 The Strasbourg Framework
5.3 The Challenge of Interpretation
6. Length
6.1 Justice and Time
6.2 The Problem of Delay
6.3 Strasbourg Case Law: Individual Cases
6.4 Strasbourg Case Law: Systemic Cases
6.5 Analysis
7. Cost
7.1 The Problem of Cost
7.2 Access to Justice
7.3 The Categories of Cost
7.4 Strasbourg Case Law
7.5 Analysis
8. Predictability
8.1 The Ideal of Legal Certainty
8.2 Sources of Law
8.3 Strasbourg Case Law
8.4 Analysis
9. Conclusion  

References
Index

Andrej AUERSPERGER MATIĆ, Just Words: The Effectiveness of Civil Justice in European Human Rights Jurisprudence, Cambridge, Cambridge University Press, 2020 (310 pp.)


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