For the identity and well-functioning of Europe, independent national judiciaries are key, and the selection processes of judges and Court Presidents essential. During the last decade, however, several European Governments have been undermining this by trying to establish political control over national judges, especially through political dominance over the selection and appointment processes for judges and Court Presidents.

In his inaugural speech, Sterk addresses the topic of selection pro...

Housing law has emerged as a distinct field in both academic legal studies and legal practice. This volume aims to unravel some common threads in the contemporary study of housing law and housing rights. Another objective is to provide a comparative perspective on housing law, the right to housing, and housing policies. The book draws on the work of scholars from various jurisdictions, such as Israel, Portugal, Australia, Switzerland, Indonesia, Sweden, the United Kingdom, and the Netherlands...

In his inaugural lecture, Niels Philipsen discusses the (potential) role of private actors in the regulation of work-related risks, such as industrial accidents and occupational diseases. Taking the economic analysis of regulation as a starting point, Philipsen argues that a 'smart mix' of public and private regulation is needed for an optimal prevention and compensation of work-related risks. The advantages and disadvantages of various regulatory instruments are thusly highlighted. In the le...

This open access eBook documents an empirical inquiry into the number, value and duration of large commercial court cases in five countries from different parts of Europe: Ireland, Italy, Lithuania, the Netherlands and Norway. It is an exploratory study as for each country data had to be extracted from the case registration systems of the courts. The study shows that a substantial part of economic activity is ‘paralyzed’ by disputes that are fought out in the courts. This has broad negati...

Law finds its roots in human experience and its expression in language. It cannot be administered, studied or taught without the instrumentality of language. The focus on language enlarges and deepens comparative studies. This volume features a wide array of comparative perspectives encompassing Law and Language, inviting readers to deepen their understanding of their many interactions, casting new lights that benefit jurists and linguists alike. It invites to interdisciplinary collaboration,...

Most mediators are working with models - consciously or unconsciously - such as Glasl's model on Escalation, the ZOPA and the Drama Triangle, to name the best known. This book brings together almost 60 models which can be used in mediation. It includes an overview on how to apply these in practice and what its use is in a mediation. The aim of the book is to assist mediators in doing their job more effectively and thus raise the level of mediation.

Models for Mediation is a welcome contribut...

This book provides an in-depth examination of the instrument of collaboration with justice, one of the more far-reaching investigative tools in criminal cases by which promises are made to otherwise unwilling 'offender witnesses' in order to persuade them to testify in the prosecution of others. In it a comparison is made between the law and practice of the Netherlands and that of several other jurisdictions - Germany, Italy and Canada - in which provision is made for the instrument. Drawing ...

The European Court of Human Rights has been criticized for unduly interfering in democratic decision processes. Some argue that the unelected Strasbourg activists in robes should not interfere with democratic policy decisions that were made nationally. This inaugural lecture analyses this practice of rights-based judicial review by the Strasbourg Court. The first part presents a general legal-philosophical background. It explains that republicans, who emphasize the importance of the democrati...

"There is no gap between Is and Ought, but there is a gap between fact and norm."

"There is a difference between legal powers and legal competences, but there are no power-conferring rules."

"There is no obligation to comply with contracts."

"There are no regulative rules, and all rules are constitutive."

All these claims are controversial in the eyes of many legal theorists. This book argues that they are all true, or justified, if understood in the proper context. The argument starts from t...

Is it time for jurisdictions to undertake recodification, decodification, or even

codification of their private laws? This volume addresses this recurring question in

legal science by presenting recent developments and new perspectives on the

codification of private law from a comparative law viewpoint. Contributions in this

volume explore how jurisdictions from America, Asia and Europe currently stand

regarding codification and help generate awareness on different paths, yet also

of common g...