ABSTRACT
The right of access to justice, as guaranteed by human right conventions, has evolved under the influence of the changing role of the state. This chapter examines recent trends and assesses how access to justice plays out in EU policy and legislation in the area of civil justice. After delving into policy considerations it discusses key areas of EU civil justice, focusing on simplified and special procedures, the privatisation of justice, digitising justice and costs and funding of justice. It illustrates how efficiency has become a central element in the regulatory discourse. While this contributes to effective access to justice, it also entails certain risks. It concludes that the ever-expanding EU Civil Justice area needs an overarching framework – one built on the foundations of access to justice and designed to deliver justice within the limits of the national legal environment in which it is called to operate.
Kramer, Xandra E and Ucin, Carlota and Dori, Adriani, Challenges to access to civil justice in Europe (October 1, 2024), Comparative Civil Procedure (Research handbooks in comparative law), Edward Elgar 2025, pp 107-132.
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