Abstract
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 negative consequences for the countries in question. There are large
differences in the number, value (as measured by reference to the claims) and
duration of these court cases. All five judiciaries can improve their performance,
to a greater or lesser degree, with Italy (volume, duration), Lithuania (volume)
and the Netherlands (duration) having much to gain.
The study is of interest for its outcomes, but also from a methodological
perspective, as it shows the necessity of taking the diversity of court cases into
account and a method to achieve this. While the economic analysis is relatively
simple and the analysis is confined to one type of dispute, the outcomes clearly
show the importance of the legal/ judicial system for the economy.
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 negative consequences for the countries in question. There are large
differences in the number, value (as measured by reference to the claims) and
duration of these court cases. All five judiciaries can improve their performance,
to a greater or lesser degree, with Italy (volume, duration), Lithuania (volume)
and the Netherlands (duration) having much to gain.
The study is of interest for its outcomes, but also from a methodological
perspective, as it shows the necessity of taking the diversity of court cases into
account and a method to achieve this. While the economic analysis is relatively
simple and the analysis is confined to one type of dispute, the outcomes clearly
show the importance of the legal/ judicial system for the economy.
| Original language | English |
|---|---|
| Place of Publication | The Hague |
| Publisher | Boom Juridisch |
| Commissioning body | European Network of Councils for the Judiciary |
| Number of pages | 122 |
| ISBN (Electronic) | 978-90-8974-552-1 |
| ISBN (Print) | 978-94-6236-209-3 |
| Publication status | Published - 1 Jun 2021 |
Publication series
| Name | Montaigne reeks |
|---|---|
| Publisher | Boom Juridisch |
Keywords
- Economic value
- judiciary
- litigation
- civil procedure
- international comparison
- Europe
