Court and Out-of-Court Procedures: In Search of a Comprehensive Framework for Consumers’ Access to Justice in Cross-Border Litigation
| Autor: | Elena Alina Ontanu |
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| Rok vydání: | 2018 |
| Předmět: | |
| Zdroj: | SSRN Electronic Journal. |
| ISSN: | 1556-5068 |
| DOI: | 10.2139/ssrn.3474671 |
| Popis: | The last decades have seen the adoption of a number of European instruments that seek to facilitate court and out-of-court dispute resolution. While the use of European uniform procedures remains more modest, the benefits of out-of-court instruments in their various forms are largely undisputed. Nevertheless, the use of ADR and ODR mechanisms is unequally distributed across Member States and in some countries users continue to prefer court procedures. The development of various European instruments and the richness of ADR and ODR mechanisms can create fragmentation. The privatisation and intertwining of court and out-of-court procedures should not result in a decline of the quality of justice or a limitation of parties’ access to justice. This paper investigates the lines among which a comprehensive framework can be built to interconnect court and out-of-court procedures in order to facilitate access to justice and uphold a quality justice for consumers in cross-border claims. |
| Databáze: | OpenAIRE |
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