Economic value of the judiciary
A pilot study for five countries on volume, value and duration of large commercial cases
Paperback Engels 2021 1e druk 9789462362093Samenvatting
This open access eBook documents an empirical inquiry into the number, value and duration of large commercial court cases in five countries from different parts of Europe: Ireland, Italy, Lithuania, the Netherlands and Norway. It is an exploratory study as for each country data had to be extracted from the case registration systems of the courts. The study shows that a substantial part of economic activity is ‘paralyzed’ by disputes that are fought out in the courts. This has broad negative consequences for the countries in question. There are large differences in the number, value (as measured by reference to the claims) and duration of these court cases. All five judiciaries can improve their performance, to a greater or lesser degree, with Italy (volume, duration), Lithuania (volume) and the Netherlands (duration) having much to gain.
The study is of interest for its outcomes, but also from a methodological perspective, as it shows the necessity of taking the diversity of court cases into account and a method to achieve this. While the economic analysis is relatively simple and the analysis is confined to one type of dispute, the outcomes clearly show the importance of the legal/ judicial system for the economy.
Specificaties
Lezersrecensies
Inhoudsopgave
2 Economic literature on courts and economic performance 17
3 Existing data on civil litigation 21
4 Comparison of volume and value of commercial litigation 23
4.1 Volume and value of all commercial cases in the Netherlands and Norway 23
4.2 Volume and value of commercial cases in Lithuania and the Netherlands 29
4.3 Volume and value of commercial cases above EUR 1 million for five countries 31
4.4 Value of adjudicated cases versus value at stake in commercial litigation at the courts 36
5 Comparison of the costs of high value litigation 39
5.1 Costs of large volume of high value litigation 39
5.2 Performance and costs of high value commercial procedures 41
5.2.1 Duration 41
5.2.2 Appeal rates 44
5.2.3 Interaction of the volume and duration of court cases 45
5.2.4 Conclusions based on administrative data of courts 46
6 Comparison of commercial procedures in detail 47
6.1 Case selection 47
6.2 Analysis of case description per jurisdiction 51
6.3 Analysis of case descriptions across jurisdictions 56
7 Discussion 59
References 63
Annex 1 Description of civil procedure in five countries, relevant for the case study 65
Annex 2 Case descriptions 79
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