Transformation of Civil Justice

1. Front Matter

   Pages i-xii

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2. Introduction

   1. Front Matter

      Pages 1-1

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   2. The Metamorphoses of Civil Justice and Civil Procedure: The Challenges of New Paradigms—Unity and Diversity

      • Alan Uzelac, Cornelis Hendrik (Remco) van Rhee

      Pages 3-21

3. Impact of Regional and Global Developments: Cooperation, Borrowing, Transplants

   1. Front Matter

      Pages 23-23

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   2. Enforcement by Means of Periodic Penalties (Astreinte) in Slovenia: A Transplant Gone Wild

      • Aleš Galič

      Pages 25-39

   3. Norwegian Civil Procedure Under the Influence of EU Law

      • Halvard Haukeland Fredriksen, Magne Strandberg

      Pages 41-62

   4. Judicial Cooperation of the EU in Civil Matters in Its Relations with Non-EU States—A Blind Spot?

      • Matthias Weller

      Pages 63-80

   5. Civil Litigation in Tribunals in South Africa: Creating a Unified Tribunal System

      • Rashri Baboolal-Frank

      Pages 81-96

4. Unity and Diversity: Civil Justice Between Modernization and Dejudicialization

   1. Front Matter

      Pages 97-97

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   2. Informatization of the Civil Justice System in Poland: An Overview of Recent Changes

      • Bartosz Karolczyk

      Pages 99-117

   3. Between Reform and Dejudicialization: Current Trends in Spanish Civil Litigation

      • Fernando Gascón Inchausti

      Pages 119-143

   4. The Disappearing Trial: Retrenchment of Litigation in North America

      • Margaret Woo

      Pages 145-157

   5. Private Justice in the Domain of Family Law: The Place of Family Group Conferences Within the Range of ADR Methods

      • Annie de Roo, Rob Jagtenberg

      Pages 159-171

   6. Reassessing the Essential Role of Public Courts: Learning from the American Experience

      • Richard Marcus

      Pages 173-198

5. Global Trends: From Individual to Collective Justice

   1. Front Matter

      Pages 199-199

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   2. Human Rights Class Actions

      • Elisabetta Silvestri

      Pages 201-212

   3. A New Model of Civil Litigation in Slovenia: Is the Slovenian Judiciary Prepared for the Challenges Presented by the New Law on Collective Actions?

      • Jorg Sladič

      Pages 213-227

   4. The Brazilian Collective Redress System

      • Sérgio Cruz Arenhart

      Pages 229-247

   5. ‘Shadow of the Law’ or ‘Shadow of the Settlement’: Experiences with the Dutch Act on Collective Settlement of Mass Damage (WCAM)

      • Annie de Roo, Rob Jagtenberg

      Pages 249-263

6. Access to Justice and Fair Trial Rights

   1. Front Matter

      Pages 265-265

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National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

• Civil Justice
• Transformation of Civil Justice
• Civil Procedure
• Convergence of Civil Justice Systems
• Comparative Civil Procedure
• Civil Litigation
• Human Rights Class Actions
• Pilot Judgment Procedure
• Collective Actions
• Judicial Cooperation

• Faculty of Law, University of Zagreb, Zagreb, Croatia

  Alan Uzelac

• Faculty of Law, Maastricht University, Maastricht, The Netherlands

  Cornelis Hendrik (Remco) van Rhee

Professor Dr. Alan Uzelac is the Chair (Head) of the Department for Civil Procedure at the Zagreb University Faculty of Law, where he teaches Civil Procedure, Arbitration, ADR, Judiciary, Evidence and Protection of Human Rights in Europe. In addition to his academic activities and numerous publications, Professor Uzelac has been an active member of various international bodies, inter alia as a founding member of the European Commission for the Efficiency of Justice (CEPEJ). 
Professor Dr. C.H. (Remco) van Rhee is professor of Comparative Civil Procedure and European Legal History at Maastricht University (the Netherlands). His areas of expertise include both civil procedure and the history of courts and court organisation. 

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