Cross-Border Civil Litigation in the EU: What Can We Learn from COVID-19 Emergency National e-Justice Experiences?
| Autor: | Marco Velicogna |
|---|---|
| Rok vydání: | 2020 |
| Předmět: |
e-justice
Zivilprozess e-codex Justiz Coronavirus disease 2019 (COVID-19) Service provision Social Sciences Dispute mechanism Public administration Judiciary Dispute resolution civil suit cross-border cooperation computervermittelte Kommunikation Political science Gerichtsverfahren computer-mediated communication cross-border judicial procedures Member states Civil litigation judicial procedures grenzüberschreitende Zusammenarbeit Free movement justice COVID-19 e-CODEX Recht covid-19 neue Technologie ddc:340 new technology legal proceedings Preprint EU Law |
| Zdroj: | European Quarterly of Political Attitudes and Mentalities e-justice European Quarterly of Political Attitudes and Mentalities, Vol 10, Iss 2, Pp 1-25 (2021) |
| ISSN: | 1556-5068 |
| DOI: | 10.2139/ssrn.3737648 |
| Popis: | Free movement of people, goods, services, and capital in Europe requires well-functioning cross-border dispute resolution mechanisms. Many initiatives have been taken over time by the EU institutions and Member States, both introducing legal instruments and developing information and e-justice technologies to support cross-border judicial litigation and cooperation. Unfortunately, the results so far achieved do not seem to be adequate to the needs of our increasingly inter-connected society. Adding to this, the first wave of COVID-19 emergency measures brought court-based dispute resolution to a grinding halt. All around Europe, court buildings have been closed to the public, hearings suspended, and only emergency cases carried out. Some hope though seems to come from this bleak moment. The breakdown of existing practices, and the need to ensure the justice service provision required for our societies' functioning, resulted in many local and national initiatives to reconfigure the justice service. It provided the occasion to experiment with remote justice service provision and explore possibilities to reconfigure technologies and tools, which in many cases had been available for years, to permit remote working, hearings and legal communication. While most of the experiences have been carried out within the national boundaries, they provide the occasion for rethinking cross-border judicial procedures outside their traditional schemas. Building on this, taking stock of pre-COVID-19 EU cross border judicial services situation, this paper explores EU Member States e-justice emergency measures and attempts to stimulate the discussion on their potential for innovation in cross border judicial proceedings. |
| Databáze: | OpenAIRE |
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