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Content archived on 2024-06-18
The Economics of Access to Justice

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Shedding light on access to justice and litigation

Balancing the effective resolution of legal disputes and the right to affordable and accessible legal services can be problematic. An EU initiative examined access to justice (A2J) and litigation, and their legal, socioeconomic and policy impact.

A2J and litigation are considered key factors in dispute resolution. Striking a fine balance between the two can help offset several negative consequences beyond those concerning justice. These include social strife and economic decline. With this in mind, the EU-funded ECO4A2J (The economics of access to justice) project sought to devise the first-ever comprehensive law and economics theory on A2J and litigation aimed at evaluating the advantages of various policies. To provide insight into related structures fundamental to A2J and litigation, project partners considered A2J issues on law and economics litigation models and harmonised practices from legal research, game theory and policy impact analysis. The team compared various policies and how they influence A2J and litigation charges. It explored how policies such as legal aid achieve their general objectives, formulating a comprehensive law and economics theory as a result. To validate the theory, empirical analysis was performed on legal aid policy throughout Europe. Project members focused on gathering data in order to evaluate legal requirements for and barriers to dispute resolution for the general public, migrants and inmates. ECO4A2J's interdisciplinary approach brought together legal, socioeconomic, law and economics research domains. In doing so, it helped advance scientific knowledge of dispute resolution while clarifying the intricate interrelationship between legal disputes and their resolutions.

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