Title of Presentation : Access to Justice in European law: New Challenges for Europe
Names of all Presenters : M. Elvira Mendez Pinedo
Short Abstract : From “ubi ius ibi remedius to “ubi remedius ibi ius” (beyond remedies towards justice). Access to justice has been constitutionalized in the new EU Treaties. But real access to justice will not be provided in Europe unless we revise our preconceptions concerning the theory and methodology needed to to attain this goal. The European model based on litigation and on the defense of individual rights once the rights have been infringed – is inherently limited. We need to change our approach, aiming for a better definition of a substantive notion of access to justice in the light of a broad system of European social justice and equality. A proposal is made to revisit the classic theory and methodology of the access-to-justice doctrine (Cappelletti and Garth, 1978) in order to develop a horizontal comprehensive strategy and to construct a new procedural law based on the needs of the ordinary citizens. Economic circumstances in the post-crisis make the task even more urgent than before.
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