YSEC Yearbook of Socio-Economic Constitutions 2022

Funding of Justice

Eva Storskrubb

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English

Springer International Publishing AG
13 October 2023

Yearbooks, annuals, almanacs; Arbitration, mediation & alternative dispute resolution; Legal system: costs & funding

Series: YSEC Yearbook of Socio-Economic Constitutions

Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.

Edited by: Eva Storskrubb
Imprint: Springer International Publishing AG
Country of Publication: Switzerland
Edition: 2023 ed.
Volume: 2022
Dimensions: Height: 235mm, Width: 155mm,
Weight: 699g
ISBN: 9783031385094
ISBN 10: 3031385098
Series: YSEC Yearbook of Socio-Economic Constitutions
Pages: 339
Publication Date: 13 October 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Eva Storskrubb is Associate Professor (Docent) and Senior Lecturer (Universitetslektor) in procedural law at Uppsala University, Sweden. Her research focuses on the impact of EU law on civil justice and transnational dispute resolution in civil and commercial matters, including alternative dispute resolution and private international law. Prior to becoming a full-time academic she worked as an attorney at law firms in Sweden, Finland and England, specializing in commercial dispute resolution.