Just Words
The Effectiveness of Civil Justice in European Human Rights Jurisprudence

The book argues that the Strasbourg Court is applying excessively formalistic reasoning in its decisions in the area of justice.

Andrej Auersperger Mati? (Author)

9781108479776, Cambridge University Press

Hardback, published 16 July 2020

310 pages
23.5 x 15.8 x 2.3 cm, 0.62 kg

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.

1. Introduction
2. Justice and the rule of law
3. Justice and European integration
4. The Idea of effectiveness
5. From policy to principle
6. Length
7. Cost
8. Predictability
9. Conclusion.

Subject Areas: Jurisprudence & general issues [LA], Human rights [JPVH]