Overview
- Covers topical developments in the funding of justice including at the EU level
- Presents multiple dispute resolution contexts as well the perspective of simplified proceedings
- Includes procedural and jurisdictional perspectives on the intersection between funding and access to justice
Part of the book series: YSEC Yearbook of Socio-Economic Constitutions (YSEC, volume 2022)
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Table of contents (12 chapters)
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Front Matter
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Part I : Specific Part: Funding of Justice: Access to Effective Justice in Times of Marketisation of Justice and Shrinking Public Budgets
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Front Matter
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Part II : General Part
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Front Matter
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Keywords
About this book
Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.
Editors and Affiliations
About the editor
Eva Storskrubb is Associate Professor (Docent) and Senior Lecturer (Universitetslektor) in procedural law at Uppsala University, Sweden. Her research focuses on the impact of EU law on civil justice and transnational dispute resolution in civil and commercial matters, including alternative dispute resolution and private international law. Prior to becoming a full-time academic she worked as an attorney at law firms in Sweden, Finland and England, specializing in commercial dispute resolution.
Bibliographic Information
Book Title: YSEC Yearbook of Socio-Economic Constitutions 2022
Book Subtitle: Funding of Justice
Editors: Eva Storskrubb
Series Title: YSEC Yearbook of Socio-Economic Constitutions
DOI: https://doi.org/10.1007/978-3-031-38510-0
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023
Hardcover ISBN: 978-3-031-38509-4Published: 13 October 2023
Softcover ISBN: 978-3-031-38512-4Due: 13 November 2023
eBook ISBN: 978-3-031-38510-0Published: 12 October 2023
Series ISSN: 2662-7124
Series E-ISSN: 2662-7132
Edition Number: 1
Number of Pages: XVI, 339
Topics: European Law, Dispute Resolution, Mediation, Arbitration