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  • Publisher:
    Cambridge University Press
    Publication date:
    04 July 2020
    16 July 2020
    ISBN:
    9781108786188
    9781108479776
    9781108790802
    DOI:
    https://doi.org/10.1017/9781108786188
    Dimensions:
    (228 x 152 mm)
    Weight & Pages:
    0.62kg, 318 Pages
    Dimensions:
    (229 x 152 mm)
    Weight & Pages:
    0.462kg, 318 Pages
    • Subjects:
    European Law, Law, Human Rights
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    Subjects:
    European Law, Law, Human Rights
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    Book description

    This book examines the role of the European Court of Human Rights in promoting standards of effective civil justice in Europe. It defines judicial effectiveness as composed of three main components, namely the length, cost and predictability of proceedings. Following a comprehensive review of the relevant case law, the book argues that the legal standards established by the Court in these areas are rather modest, and that the legal reasoning behind them is predominantly formalist. Rather than developing an understanding of the relevant policy choices that determine the institutional framework of civil justice, the Court bases its decisions on abstract concepts like 'reasonable time', 'access to court' and 'legal certainty'. By sidelining the key institutional issues such as resource allocation and incentives, the Court has produced a largely theoretical case law that actually has little value for persons who wish to enforce their rights in courts.

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