Project

Civil Procedure Project - The Anatomy of Appeals: A Gateway to Better Insight and Future Reform

Code
bof/baf/2y/2024/01/001
Duration
01 January 2024 → 31 December 2024
Funding
Regional and community funding: Special Research Fund
Research disciplines
  • Social sciences
    • Procedural law
Keywords
judicial backlog Appeal procedure lead time economy of the procedure legal costs
 
Project description

Approximately 13,000 and 16,000 appeals in civil and commercial cases are yearly lodged with the Belgian courts of appeal. The  remedy allows parties to have the case reviewed by a higher court. Although it is used in practice on a daily basis and has been extensively written about in legal literature, it is not yet widely understood. There is a significant lack of understanding of the underlying dynamics. A better insight into this legal remedy is urgently needed as the procedure is under pressure due to high costs, judicial backlogs and long lead times.

This project aims to undertake innovative research by initiating an empirical study of how appeals in civil and commercial cases are handled in Belgium, on the basis of a structured content analysis of 960 judgments from three courts of appeal. This will lead to findings that challenge entrenched doctrinal perspectives, filling a significant gap in the current academic discourse. Moreover, it may serve as a practical resource for policymakers to improve the effectiveness of this remedy in the civil justice system. As other jurisdictions face similar challenges to Belgium, it will also attract international attention.