Search Results - Marcial Pons

Burden of proof: The erosion of and ancient rule by Patti, Salvatore

“…  The ancient rule of the burden of proof contained in Article 2697 of the Italian Civil Code has experienced a significant erosion in recent years due to case…”
Get full text

Party Disposition and Ex Officio Powers in the Taking of Evidence by Davide Turroni

“…Though the taking of evidence relies primarily on the parties' initiative, the tendency to confer the court ex officio investigative powers is diffuse and…”
Get full text

Artificial intelligence challenging core State functions by Nicoletta Rangone

“…The use of AI in the public sector is emerging around the world and its spread affects the core States functions: the administrative, the judiciary, and the…”
Get full text

Searches and seizures of electronic devices in european criminal proceedings:a new pattern for independent review? by Bernardini, Lorenzo, Sanvitale, Francesco

“…In the field of digital searches and seizures, there is not a comprehensive EU regulation. Accordingly, the Authors analyze the scope and the content of…”
Get full text

The new technologies and the civil justice commons by Ferrari, Francesca, Mustari, Davide

“…  Civil justice certainly belongs to the “commons” and, therefore, systems need to be adopted to prevent its depletion. New technologies and artificial…”
Get full text

Retroactivity and legitimate expectation in the UK Administrative Law by Phillips Letelier, Jaime

“…Both the doctrines of non-retroactivity and legitimate expectation find their normative foundation on the idea that legal norms and administrative decisions…”
Get full text

Requiem for the Burden of Proof by Nieva Fenoll, Jordi

“…The burden of proof, a notion specific to the medieval Roman-canonical process but alien to the four Roman procedural systems, ought to have become obsolete…”
Get full text

Democracy and Executive Power: Administrative Policymaking in Comparative Perspective by Rose-Ackerman, Susan

“…This essay on executive rulemaking procedures in the US, the UK, France, and Germany examines how administrative and constitutional law interact when the…”
Get full text

An Empirical Study on Mediation in Civil and Commercial Disputes in Europe: The Mediation Service Providers Perspective by Giacalone, Marco, Salehi, Sajedeh

“…This empirical study seeks to explore the application of mediation and online mediation in civil and commercial disputes from the perspective of service…”
Get full text

Small Claims and the Pursuit of (Digital) Justice: A Tiered Online Dispute Resolution Perspective by Salehi, Sajedeh, Giacalone, Marco

“…This paper investigates the most recent developments in completely online small claims processes as a response to the extreme delays in delivering justice by…”
Get full text

Small Claims: Market Realities and New Possibilities by Gioia, Gina

“…  …”
Get full text

Prosecutorial discretion vs. mandatory prosecution by Rosa Anna Ruggiero

Get full text

Oral hearing management Under the E.S.C.P. Regulation by Turroni, Davide

“…The ESCP is featured as a written procedure, wherein the oral hearing is granted limited space. The reason stems from the fact that oral hearing in…”
Get full text

European Small Claims Procedure in the realm of the other European proceedings by Simaitis, Rimantas, Vėbraitė, Vigita, Markevičiūtė, Milda

“…In this article, the European Small Claims Procedure will be analysed in the context of the other European procedures, namely Brussels I bis Regulation…”
Get full text

Mind the Gap? A Critical Analysis of the Recognition and Enforcement of Cross-Border Consumer ODR Outcomes in the EU by Hourani, Sara

“…The EU ODR platform was created with the objective of offering better access to justice for the consumer, especially for cross-border disputes. The recognition…”
Get full text

The EU Small Claims Procedures in the Netherlands - Some Good and Some Bad News by Fernhout, Fokke

“…he EU Small Claims Procedure (henceforth: ESCP) has been implemented in the Netherlands by a separate statute, that entered into force on 10 June 2009. This…”
Get full text

EU Action in the Field of Small claims Procedures and the Limits Resulting from its Implementatiob in the National Legal Systems by Maffeo, Adriano, Rolando, Flavia

“…This article aims to illustrate, in the first part, the reasons that led the Union to adopt a regulation on small claims, focusing on the objectives set by the…”
Get full text

Online dispute resolution for small claims: is this the only realistic solution? by Nieva-Fenoll, Jordi

“…Some jurists believe that the judicial process is not adequate for these lawsuits when they are transnational, but in fact, neither is it when they are…”
Get full text

The Assessment of Legal Research in Spain. Is Einstein Better than Kelsen? by Rodríguez de Santiago, José María

“…This paper first examines the constitutional provisions that must guide public research assessment procedures. Freedom of research (Art. 20(1)(b) CE) requires…”
Get full text

Res judicata and consumer protection in the EU: the dialogue between the Courts (and the legislator) by Morotti, Marco

“…The case law of the European Court of Justice (CJEU), despite confirming in theory the importance of res judicata, has regularly affirmed the need to overcome…”
Get full text