Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view.
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Alan Uzelac is Professor at the Zagreb University and Chair of Department for Civil Procedure of the Faculty of Law. His teaching and research includes issues of national and comparative civil procedure, arbitration and alternative dispute resolution, organization of judiciary, legal professions and procedural human rights. He holds degrees in law (LL.B., LL.M., LL.D.) and social sciences (M.A. (phil.), M.A. (literature)) from Zagreb University. He was visiting researcher and scholar at a number of universities, including Harvard Law School (Fulbright grant), and universities of Vienna (Austria), Maastricht (the Netherlands), Oslo (Norway), Kazan (Russia), and Pavia (Italy). As an active member of the International Association of Procedural Law and the German Association for International Procedural Law, he serves on the chief advisory bodies of both organizations (Council, Rat). Since mid-90s, he was engaged as national delegate of Croatia in the work of UNCITRAL Working Group for Arbitration and Conciliation were he participated in drafting of the several international instruments in the field of alternative dispute resolution. He was involved in various activities of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe, where he held different functions (inter alia: Bureau member from 2003-2006, President of the Task Force on Timeframes of Proceedings - TF-DEL 2005-2006). His professional experience includes work in various Croatian courts, Croatian State Bar Exam, and internship at the Secretariat of the ICC International Court of Arbitration in Paris. Over a period of ten years, Professor Uzelac was Secretary General of the Permanent Arbitration Court at the Croatian Chamber of Commerce. Throughout his career, he was often engaged as expert in various legislative projects. As an international expert he was engaged on a number of missions, assisting legal reforms and legal collaboration in Serbia, Bosnia and Herzegovina, Montenegro, Russia and Kosovo. Professor Uzelac also acts as member of the highest body for judicial appointments and discipline, the State Judicial Council in 2012-2015 period. 2
The idea of human rights as fundamental rights of every person is certainly one of the most powerful ideas of our modern age. Since the American and French revolutions, human rights have been the strongest link between law and democracy. They have played a crucial role when defining notions of constitutionalism and the rule of law.
While some human rights have been made famous in national mottos such as the French liberté, égalité et fraternité, other human rights have not attracted such attention. Generally, substantive human rights have been discussed and appreciated more than procedural human rights. Yet, without an effective and well-balanced set of procedural rights, the substantive rights and freedoms of almost any person or business would not enjoy effective protection before the courts of law.
Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view. While some previous studies focused on Northern Europe, many of the authors in this book come from Southern and Eastern Europe, areas where a common understanding of procedural human rights may be an even more pressing necessity.
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