Institute for Procedural Law contributes to the CPLJ-project

To better understand your own legal system, it is crucial to look beyond the horizon by delving into other legal systems. Yet, when it comes to comparative aspects of Procedural Law, relevant sources are often dispersed and unmanageable

Comparative Procedural Law and Justice (CPLJ) is a collaborative international long-term project that have pulled together leading legal scholars in the field of comparative civil procedure. More than 100 scholars from 37 jurisdictions have been working together for 4 years (and will continue) on CPLJ in a discursive manner to study topics in civil procedure from a multinational perspective.  Participants of the project gathered for a final conference on 11 and 12 July 2024 to present their results.  The findings are compiled in a multi-volume publication Comparative Procedural Law and Justice, now available on open access.

Because of its collaborative focus, the CPLJ project is unique in its field. The CPLJ project offers an unprecedented diversity of scholars who collaborated closely together on a joint publication series. CPLJ is not simply a series of separate national reports. Rather, each chapter itself is written from a multidimensional perspective, taking into account jurisdictions from around the globe. CPLJ is invaluable to any legal scholar.

Thematically, the contributions cover almost all conceivable aspects of comparative civil procedure: ranging from fundamental aspects of procedural guarantees to judicial independence, access to justice, Alternative Dispute Resolution, cross-border litigation and collective litigation. Concerning the challenges of digitalization, the project highlights procedural elements of AI as well as forms of online dispute resolution.

The chapter written by prof. dr. Wannes Vandenbussche and prof. dr. Piet Taelman describes and analyses the status of consumer protection proceedings as a specific subject within procedural law, driven by the need to address the power imbalance between consumers and businesses and the objective of ensuring effective enforcement of consumer rights. It covers both individual and collective litigation, the role of private and public enforcement and the development of consumer ADR. Across legal systems worldwide, there are unique procedural rules designed to protect consumers. These include territorial jurisdiction favoring the consumer’s domicile, shifts in the burden of proof, and exemptions from court costs for consumers. Additionally, courts exercise their discretionary powers to achieve the same goal, as seen in the ex officio application of consumer rights. Furthermore, It is shown that the procedural regime of consumer law differs from that of other areas of law regarding collective redress, enforcement by public authorities and ADR.

See this webpage for the full project.