(Erlis) E Themeli LL.M

(Erlis) E Themeli LL.M
Academic Researcher Erasmus School of Law Civil Law
Location
Burg. Oudlaan 50, Rotterdam
Room
L7-006
Email
themeli@law.eur.nl
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Title of research: Competition of Civil Justice Systems in the European Union.

Promotor: Prof. X.E. Kramer

If two companies from Germany and Spain enter into a contract, they can choose which court will be competent for claims arising from it. While making this choice, these parties will take into account different elements and will opt for the best solution. Countries are concerned by this, so they change their legislation to be more attractive to litigations or/and to keep litigations within their jurisdictions. In other words, they compete with each other by means of their civil justice systems.

My research will answer this question: How do civil justice systems compete in the European Union area? In…

Title of research: Competition of Civil Justice Systems in the European Union.

Promotor: Prof. X.E. Kramer

If two companies from Germany and Spain enter into a contract, they can choose which court will be competent for claims arising from it. While making this choice, these parties will take into account different elements and will opt for the best solution. Countries are concerned by this, so they change their legislation to be more attractive to litigations or/and to keep litigations within their jurisdictions. In other words, they compete with each other by means of their civil justice systems.

My research will answer this question: How do civil justice systems compete in the European Union area? In addition, it will answer these two sub-questions that stream from the main question: Under what conditions and with what consequences does this kind of competition happen? How do private parties and governments influence it, and how are they influenced by it?

This research will fill the gap in the literature with an analysis of the competition of civil justice systems. It will start with the motives of the parties to choose a particular jurisdiction, and continue with the policies enacted by governments. Light will be shed on the mechanisms of competition of civil justice systems, and on the role and responses of parties and governments.

This work will be important for lawyers. They can use it to understand how parties - their counter parties - behave, and what their behavioural tendencies are in different places in Europe. It can show to EU Member States how a competition involving civil justice systems works, what the different elements of it are, how it is influenced by different elements, and the specific weight that each element has. In view of the ongoing harmonisation process in the EU, this research can show whether a harmonisation, a non-binding instrument, or more incentives to competition involving jurisdiction are better for the EU.

Erlis graduated from the Faculty of Law at Tirana University in 2006. He worked as an associate lawyer for the Kalo and Associates Law Firm in Tirana from June 2005 to December 2007. From January 2008 until August 2011, he worked as Chief of the Projects Sector at the High Council of Justice in Albania. Erlis obtained an LL.M. master's degree from the University of Groningen in 2012. In November 2012, he started his PhD research on the competition of civil justice system at Erasmus University Rotterdam.

        • E. Themeli (2019). Discussant for lecture of Arne Wofarth on ‘Recalibrating Citizenship – Social Services in Welfare Service States’. REI conference ‘Shifts from Welfare States to Social Investment States’: (2019, september 26 - 2019, september 27).
        • E. Themeli (2017). Digitalisation of Justice 1.0. Ius Commune Annual Conference: Aristo, Utrecht (2017, november 24).
      • E. Themeli (2019). International Commercial Courts Competition in Europe: A Litigation Experience Approach. In XE Kramer & J Sorabji (Eds.), International Business Courts – A European and Global Perspective (pp. 273-296). The Hague: Eleven Publishing
      • X.E. Kramer, E. Themeli & E.M. van Gelder (2018). e-Justice in the Netherlands: The Rocky Road to Digitised Justice. In M. Wendland & M. Weller (Eds.), Digital Single Market (pp. 209-235). Tubingen: Mohr Siebeck
      • X.E. Kramer & E. Themeli (2017). The Party Autonomy Paradigm: European and Global Developments on Choice of Forum. In V. Lazic & S. Stuij (Eds.), Brussels Ibis Regulation (Short Studies in Private International Law) (pp. 27-49). The Hague/Heidelberg: TMC Asser Press/Springer [go to publisher's site]
      • E. Themeli (2016). Sculpturing adjudication as a public good: Competition between jurisdictions as a modeling factor. In M Duchateau, S Fikkers, L Lane & E van Schagen (Eds.), Evolution in Dispute Resolution: From Adjudication to ADR (pp. 15-33). The Hague: Eleven International Publishing
        • E. Themeli & S. Philipsen (2019, november 29). Presentation ‘Applying AI in Courts: Opportunities and Challenges from a Human Rights Perspective’ during the workshop ‘Artificial Intelligence and Fundamental Rights’. Leuven University, Leuven, Belgium, Ius Commune Conference.
        • E. Themeli (2019, november 28). Presentation ‘The Virtual Courtroom and Users’ Perception’, during the workshop ‘Technology for Civil Justice’. Leuven University, Leuven, Belgium, Ius Commune Conference.
        • G. Antonopoulou & E. Themeli (2019, februari 1). International commercial courts in Europe: Tips and tricks to go viral. Erasmus School of Law, Nationaal en internationaal procederen.
        • E. Themeli (2018, februari 2). EU civil justice competition and the digitisation of civil procedures. Madrid, Spain, Symposium with the Private Law Department of the Carlos III University.
        • G. Antonopoulou & E. Themeli (2018, februari 8). Masterclass Research on International Commercial Courts. Erasmus University Rotterdam, Erasmus School of Law, Nationaal en internationaal procederen.
        • E. Themeli (2017, september 26). Arbitration and Business Law Master. Eerasmus School of Law, Rotterdam, Guest Lecturer.
        • E. Themeli (2017, mei 29). A survey on the choice of court in the EU: Implications for the competition of civil justice systems. Dubrovnik, Croatia, Transformation of Civil Justice: Unity and Diversity Conference.
        • E. Themeli (2019). The challenges of artificial intelligence in courts. Erasmus+ Grant Agreement Staff: Training And Teaching Mobility: Ramat Gan, Israel (2019, december 16 - 2019, december 20). Wetenschappelijk.
        • E. Themeli (2019). Introduction to international commercial courts. Erasmus+ Grant Agreement Staff: Training And Teaching Mobility: Moscow (2019, mei 12 - 2019, mei 17). Wetenschappelijk.
        • E. Themeli, E.M. van Gelder & J.M.L. van Duin (2019). Digital and Intelligent Europe: EU Citizens, Justice and the Challenges of New Technologies. Amsterdam Centre for European Studies Funding Opportunities: Amsterdam. Wetenschappelijk.
        • E. Themeli, S. Philipsen, G.H. van Oenen & S. Puntoni (2018). The impact of Artificial Intelligence on dispute resolution. Erasmus Inclusive Prosperity Small Grants Scheme: Rotterdam. Populariserende publicatie.
  • Private International Law Moot

    Title
    Private International Law Moot
    Year
    2020
    Year level
    (master)
  • Academic Researcher

    University
    Erasmus University Rotterdam
    School
    Erasmus School of Law
    Department
    Civil Law
    Country
    The Netherlands

Address

Visiting address

Burg. Oudlaan 50 3062 PA Rotterdam

Postal address

Postbus 1738 3000 DR Rotterdam