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
Preface
Acknowledgements
Table of Cases
Table of Legal Instruments
1. Introduction
1.1 Background2. Justice and the Rule of Law
1.2 Problems
1.3 Questions
1.4 Approach
2.1 Introduction3. Justice and European Integration
2.2 The Classical View
2.3 The Institutional View
2.4 Implications
3.1 International Trends4. The Idea of Effectiveness
3.2 The Council of Europe
3.3 The European Union
3.4 The State of Play
4.1 Justice and Evaluation5. From Policy to Principle
4.2 Basic Distinction
4.3 The Parameters of Effectiveness
5.1 Transforming Policy into Law6. Length
5.2 The Strasbourg Framework
5.3 The Challenge of Interpretation
6.1 Justice and Time7. Cost
6.2 The Problem of Delay
6.3 Strasbourg Case Law: Individual Cases
6.4 Strasbourg Case Law: Systemic Cases
6.5 Analysis
7.1 The Problem of Cost8. Predictability
7.2 Access to Justice
7.3 The Categories of Cost
7.4 Strasbourg Case Law
7.5 Analysis
8.1 The Ideal of Legal Certainty9. Conclusion
8.2 Sources of Law
8.3 Strasbourg Case Law
8.4 Analysis
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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