Current facets (Pre-Master)
PhD Defence Erlis Themeli
On 23 March 2018, Erlis Themeli will defend his thesis, entitled “The Great Race of Courts, Civil Justice System Competition in the European Union”. The public defence takes place in the Senaatszaal at Erasmus University Rotterdam, at 11.30 a.m.
This study focuses on the civil justice system competition in the EU, a form of regulatory competition in which states try to attract parties to litigate in their jurisdictions. In this study, the term civil justice system refers to the whole apparatus involved in the resolution and enforcement of civil disputes. Many institutions and parties are engaged in this process, with courts, lawyers, and governments being the obvious examples. In this context, the present study’s main research question is ‘How do civil justice systems compete in the EU?’
To arrive at an answer, both a theoretical and an empirical approach are taken. The theoretical part considers various aspects of competition, but most importantly it offers an overview of regulatory competition, an analysis of the legal framework within which Member States operate, and an analysis of the civil justice system market and its elements. Based on the theoretical analysis, the empirical part is divided into two components; the first contains an analysis of data provided by the 2016 EU Justice Scoreboard, while the second analyses a survey on lawyers’ court preferences in the EU that has been conducted for this research. The symbiosis between the theoretical and the empirical part adds more depth to the research, and contributes new data and analyses to the ongoing academic debate.