Nobody's Perfect

Public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. This book focuses on the systems of appellate control of court judgments. The editors explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights.
Editor(s):
Alan Uzelac, C.H. van Rhee
Reeks:
Ius Commune Europaeum
Volume:
129
boek | verschenen | 1e editie
mei 2014 | xx + 376 blz.

Paperback
€ 75,65 € 89,-


ISBN 9781780682365


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Inhoud

Nobody’s perfect. Nevertheless, public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. Since no one has a monopoly on ultimate correctness, a large part of trust in the correct and objective nature of outcomes of the judicial process is rooted in the trust in the mechanisms of quality control. However, the specific nature of the judicial process, encapsulated in the principle of judicial independence and in the right to fair and swift adjudication, requires specific control mechanisms that have to achieve a sensitive balance between various aims and goals.

Based on these observations, the present book focuses on the systems of appellate control of court judgments. The intention of the editors is to explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights. Recognising that any approach to appeal has to strike a balance between the ideals of correctness, legitimacy and impeccable legal reasoning, on the one hand, and the ideals of legal certainty, effectiveness and efficiency, on the other, the contributors to this book were invited to discuss how contemporary justice systems deal with this issue. This allows an evaluation of whether the issues in debate are rather disparate or whether, on the contrary, the procedural philosophies and approaches to appeal in different legal systems are converging.

Hoofdstukken

Table of Contents (p. 0)

INTRODUCTION

APPEALS AND OTHER MEANS OF RECOURSE AGAINST JUDGMENTS IN THE CONTEXT OF THE EFFECTIVE PROTECTION OF CIVIL RIGHTS AND OBLIGATIONS (p. 1)

DEFINING THE ISSUES: CIVIL APPEAL AND FAIR TRIAL RIGHTS

APPEALS AND ‘TRIAL WITHIN REASONABLE TIME’: A EUROPEAN PERSPECTIVE (p. 15)

APPELLATE PROCEEDINGS IN CIVIL CASES – TRADITIONAL REMEDIES IN LIGHT OF CONTEMPORARY PROBLEMS (p. 35)

WEALTH SHIFT AS A CRITERION TO ASSESS THE IMPACT OF APPELLATE PROCEEDINGS - APPLIED TO DUCH CIVIL APPEAL (p. 53)

LESS APPEAL, MORE EFFICIENCY

RESTRICTIONS ON APPEALS IN ENGLISH LAW (p. 71)

APPELLATE REVIEW IN CALIFORNIA: LIMITS ON THE RIGHT TO RECOURSE (p. 95)

APPELLATE REVIEW IN THE REACTIVE MODEL: THE EXAMPLE OF THE AMERICAN FEDERAL COURTS (p. 105)

APPEAL IN CIVIL AND ADMINISTRATIVE CASES IN THE NETHERLANDS (p. 127)

MORE APPEAL, LESS EFFICIENCY

CIVIL APPEALS AND OTHER MEANS OF RECOURSE AGAINST JUDGMENTS IN CHINA: A CRITICAL REVIEW OF THE PROCEDURAL ISSUES (p. 159)

APPEALS IN CIVIL PROCEDURE IN SLOVENIA: WHY THE RECENT REFORMS OF CIVIL PROCEDURE DID NOT MANAGE TO AVOID THE ENDLESS CYCLE OF REMITTALS (p. 211)

FEATURES AND SHORTCOMINGS OF APPELLATE REVIEW IN CIVIL AND ADMINISTRATIVE CASES IN CROATIA (p. 229)

THE RECENT AMENDMENTS TO THE ITALIAN APPEALS SYSTEM (p. 259)

RECOURSE TO THE HIGHEST JUDICIAL AUTHORITIES: HOW MUCH, AND WHY?

WHAT IS AN IMPORTANT CASE? ADMISSIBILITY OF APPEALS TO THE SUPREME COURTS IN THE GERMAN-SPEAKING JURISDICTIONS (p. 275)

RESHAPING THE ROLE OF SUPREME COURTS IN THE COUNTRIES OF THE FORMER YUGOSLAVIA (p. 291)

TWO WAYS TO UNIFORMITY: RECOURSE TO THE SUPREME COURT IN THE CIVIL LAW AND THE COMMON LAW WORLD (p. 319)

APPEALS IN SPECIAL CASES

CONSUMER ADR AND APPEALS (p. 337)

RECOURSE AGAINST JUDGMENTS ON INTERNATIONAL JURISDICTION (p. 353)

THE POWERS OF THE APPELLATE COURT IN THE CONTEXT OF THE EFFECTIVE PROTECTION OF A CHILD’S RIGHT TO MAINTENANCE (p. 363)

Over de reeks

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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