Procedure matters : construction and deconstructivism in European civil procedure.

Kramer, Xandra E.

ISBN 10: 9462361096 / ISBN 13: 9789462361096

Published by Eleven International Publishing, 2013

The Hague : Eleven international Publishing, [2013]. Paperback. 30 pp. illustraties. 25 cm. Inaugural address delivered on the occasion of accepting the Chair in European Civil Procedure at the Erasmus School of Law of Erasmus University Rotterdam (the Netherlands) on 20 January 2012. Condition : 15,95 copy. ISBN 9789462361096. Keywords : RECHT, *2006-100 aa ipr. Seller Inventory # 300039

Synopsis:

On January 20, 2012, Xandra Kramer was installed as holder of the Chair of European Civil Procedure at the Erasmus School of Law, Erasmus University Rotterdam. Kramer specializes in private international law and civil procedure, and takes an interest in empirical legal research. She has joined the Erasmus School of Law interdisciplinary research program 'Behavioral Approaches to Contract and Tort.' In her inaugural lecture, which is documented in this book, she stresses the importance of effective procedural law rules to enforce rights and act as the guarantor of fundamental rights. The enforcement of cross border rights is complicated by the huge differences in civil procedure, as well as legal and practical obstacles. These complications jeopardize the right of access to justice and fair trial, and have as a result triggered the harmonization of civil procedure. Kramer illustrates that the gradual harmonization of civil procedure within the EU is largely ad hoc and lacks both a vision and an architectural plan. The 'deconstructivism' in European civil procedure is a potential source of injustice and may endanger rather than improve access to justice. This necessitates a fundamental debate on the foundations and future architecture of European civil procedure, in which the common denominators should be: access to justice, securing quality of justice, and best practices based on empirical evidence. She urges academics to be at the forefront in creating a blueprint for the future of European civil procedure.

From the Back Cover: On 20 January 2012, Xandra Kramer was installed as holder of the Chair of European Civil Procedure at the Erasmus School of Law, Erasmus University Rotterdam. She specialises in private international law and civil procedure, and takes an interest in empirical legal research. In 2012, she joined the Erasmus School of Law interdisciplinary research programme 'Behavioural Approaches to Contract and Tort'.

In her inaugural lecture she stresses the importance of effective procedural law rules to enforce rights and act as the guarantor of fundamental rights. The enforcement of cross border rights is complicated by the huge differences in civil procedure as well as legal and practical obstacles. These complications jeopardise the right of access to justice and fair trial, and have as a result triggered the harmonisation of civil procedure. She illustrates that the gradual harmonisation of civil procedure within the EU is largely ad hoc and lacks both a vision and an architectural plan. The 'deconstructivism' in European civil procedure is a potential source of injustice and may endanger rather than improve access to justice. This necessitates a fundamental debate on the foundations and future architecture of European civil procedure in which common denominators should be access to justice, securing quality of justice, and best practices based on empirical evidence. She urges academics to be at the forefront in creating a blueprint for the future of European civil procedure.

Bibliographic Details

Title: Procedure matters : construction and ...
Publisher: Eleven International Publishing
Publication Date: 2013
Binding: Soft cover
Condition: 15,95