Project

Towards a brevity of briefs in civil procedure?

Duration
01 October 2020 → Ongoing
Funding
Regional and community funding: Special Research Fund
Research disciplines
  • Social sciences
    • Civil law
    • Comparative law
    • Procedural law
Keywords
comparative law due process civil procedure the structure of civil litigation
 
Project description

There is still a long way to go to an accessible, efficient and accessible justice system. Various aspects of procedural law need to be further examined. One problem that has remained largely underexposed is the struggle of the judiciary with the increasing volume of procedural documents. Lengthy briefs lead to a judicial backlog and jeopardize the quality and readability of judgments. The central question of this research is whether a shortening of procedural documents is desirable and achievable under Belgian law. On the basis of an empirical research, it is examined whether legal actors are open to a shortening of procedural documents and which approach is preferable. A fundamental legal research allows us to establish which measures are possible within the Belgian and European legal framework. Finally, a comparative law study offers the opportunity to analyse different initiatives in other legal systems.