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Resource Centre > Glossary (60 entries)

Explaining the terms used to talk about civil justice: damages, injunctions, group litigation, punitive damages, ADR, civil procedure, and more....
  • Administrative justice includes the procedures for decision-making by public authorities, the law that regulates decision-making (the quality of a decision-making) and the systems (such as various tribunals and ombudsmen) that enable ...
  • Adjudication is a form of ADR, normally more informal than arbitration . Similarly to the latter, it involves an independent third party, but the decision taken by the adjudicator does not ...
  • Various out-of-court mechanisms for resolving disputes and providing redress. There are a number of types of such mechanisms, which you can find out more about by clicking on the links:  ...
  • Damages calculated in abstract, without a claimant/claimants having to prove the exact amount of individual loss. Their aim is to compensate for moral harm (injury to feelings), particularly if the wrongdoer's ...
  • Arbitration is a form of ADR, which in essence has lots in common with litigation: it is quite formal, and it involves an independent third party who considers both ...
  • Insurance policy taken by one of the litigation parties after the event which gave rise to litigation (for instance an injury) took place. It is meant to cover the risk of ...
  • These mechanisms regulate jurisdiction, recognition and enforcement of judgements: Brussels I (Council Regulation (EC) No 44/2001 on the jurisdiction, recognition and enforcement of judgements in civil and commercial ...
  • Rules governing proceedings before civil courts. The EU has commenced the process of harmonisation of civil procedure rules of its Member States – as part of the policy of ...
  • Common Frame of Reference – a project coordinated by the EU, which aims at establishing common rules of contract law for the European Union Member States. A group of academics (Study ...
  • Civil justice concerns a wide variety of issues: including tort and contractual claims, personal injury, medical (clinical) negligence, consumer law, employment law, housing, neighbourhood issues, divorce and relationship breakdown, children, discrimination, ...
  • There is certainly no consensus as to terminology here: ‘collective actions’ is also a popular term. In the EU policy arena, the developments in the area of collective actions are now ...
  • See Class actions .
  • Procedure adopted by the European Union to implement policies and legislation. The Council delegates the power to execute EU legislation to the Commission. Representatives of the member states assist the Commission ...
  • Conditional Fees are a form of litigation funding in the United Kingdom. A CFA (Conditional Fee Agreement) is an agreement between a lawyer and a client according to which ...
  • Also referred to as antitrust law, it covers two prohibition rules set out in the EC Treaty: "First, agreements between two or more firms which restrict ...
  • Money payable in compensation of a wrong. Recently, damages actions (also explained elsewhere in this glossary) are being discussed in the context of enforcement of competition law in the ...
  • Form of ADR , which is very similar to mediation . It is voluntary, led by an impartial and independent conciliator, whose decision is not binding on the parties.
  • A body of consumer law adopted by the European Union. See our Legislation Section for some key pieces of consumer legislation and the website of DG SANCO for the comprehensive ...
  • LATEST - Check below for the CONSUMER LAW ENFORCEMENT PACKAGE! (July 2009), and more information about CONSUMER REDRESS - including COLLECTIVE REDRESS Consumer law was not initially within ...
  • See Consumer law of the EU .
  • The litigation funding system operating in the US where a lawyer agrees to take a percentage of a damages award if he wins the case, and not to be paid if ...
  • Criminal justice is a system of rules and practices by which public authorities exercise social control, deter crime, and sanction with criminal penalties those who breach the law.
  • Action in court of before a public enforcement body which aims at obtaining compensation/damages (as opposed to an Injunctive action which has different aims - check this link).  ...
  • the European Consumer Centres Network - a network of bodies providing advice and assistance on consumer rights and means of obtaining redress, especially with regard to cross-border issues. The Network is ...
  • Econsumer.gov was established in April 2001 by 13 countries, now 24 countries participate in the portal (for instance: Australia, Canada, Chile, Egypt, Estonia, Latvia, Ireland, Japan, UK, and USA: see list ...
  • In June 2007, the Justice and Home Affairs Council decided that work should be carried out with the aim of using Information and Communication Technologies (ICT) in the area of justice. ...
  • See Key Players .
  • Here is a mini-toolbox concerning EU law, its sources, legal force and lawmaking procedures : The EU - European Union - is the notion introduced into the formal Treaties ...
  • The Atlas is a web tool containing information about judicial systems of EU Member States. It can be found at the following web address: http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm .
  • Established in 2001 (Council Decision of 28 May 2001 establishing a European Judicial Network in civil and commercial matters, OJ L 174/25, 27.6.2001). It is a “network of national authorities with ...
  • Financial out-of-court dispute resolution network . See also the link to the website of FIN-NET . A network of out-of-court dispute resolution schemes in the European Economic Area (EU ...
  • A case management mechanism which has operated in the UK: initially established by judicial practice and subsequently codified by the Civil Procedure Rules 1998. See our 'National Collective Redress Models' section ...
  • 2004 Hampton Review of Regulatory Inspections and Enforcement. In 2004 the UK Chancellor asked Philip Hampton (Chairman of Sainsbury Plc) to conduct a review into regulatory inspection and enforcement ...
  • See Judicial Cooperation in Civil and Commercial Matters .
  • Inquisitorial procedure entails a very active role of the judge, who manages proceedings. Adversarial procedure puts the parties in charge of the proceedings and their outcome.
  • Action in court or before a public enforcement body which aims at obtaining an injunction (ordering specific action or cessation of action by a specified person/persons/organisation). Injunctions/injunctive actions have ...
  • In 2008 the UK Master of the Rolls appointed Lord Justice Jackson to undertake a fundamental review of costs of civil litigation in England and Wales. It is widely regarded that ...
  • Procedural arrangement of the role of the judge in the process of litigation, where the judge is in charge of the manner in which the case proceeds. It should not be ...
  • Relatively new EU policy officially linked to the free movement of persons (one of the four fundamental building blocks of the Internal Market). LATEST: COMMISSION"S COMMUNICATION ON ACTION PLAN ...
  • See Legal families .
  • An approach to developing financial services regulations by the European Union (including securities, later extended to banking and insurance sectors), named after the chair of the EU advisory committee who developed ...
  • Comparative law established the theory of legal families, now also referred to as legal traditions. There have been three main legal families: common law, civil law, and socialist law family. The ...
  • There are three main types of legislative procedures, and the main difference is the role of the European Parliament in adopting the legislative measure. The procedures are:  ...
  • A study of alternative means of consumer redress other than redress through ordinary judicial proceedings in 25 EU Member States + the USA, Australia and Canada (Final Report of 17 January ...
  • Costs incurred during litigation: including court fees, legal fees, reimbursement of any expenses, experts’ and witnesses fees and reimbursement of expenses. Jackson Review of costs of litigation – a ...
  • The rule which prevails across the European civil litigation systems, where the winning party can recover the costs from the losing party. In the UK this risk may be offset by ...
  • 2006 Macrory Review of Regulatory Sanctions . In 2006 Richard Macrory was asked to conduct a review of the system of regulatory sanctions in the UK. The Minister wanted ...
  • Form of ADR , which is less formal than Arbitration , and perhaps more suitable for consumer disputes. It is essentially a managed process of negotiation between the parties. ...
  • Litigation funding (legal aid, CFAs, Contingency Fees, Third Party Funders, Jackson review) Contingency fees – the litigation funding system operating in the US where a lawyer agrees to take ...
  • Opt-out collective action, once the class/group is certified, includes all those class members who have not opted out. See for instance the U.S. Class action model . Opt-in collective ...
  • Form of ADR. The institution of Ombudsman has a world-wide popularity and appeal ( M. Seneviratne, Ombudsmen. Public Services and Administrative Justice, Butterworths, 2002 ). It is relatively difficult to define ...
  • The Council of Ministers makes most pieces of legislation on the basis of "qualified majority voting" (so-called 'weighted voting'). The system is designed as follows: each Member State is allocated a ...
  • Damages awarded in excess of any actual damage or loss suffered by the claimant, for the purpose of punishing the defendant for his conduct and deterring other potential wrongdoers. They normally ...
  • Reparation of losses or damages, by means of compensation (damages) or by means of an injunction . Redress can be sought using civil , administrative and criminal justice. It ...
  • These mechanisms regulate applicable law in conflict of law situations regarding contractual (Rome I) and non-contractual (Rome II) obligations: Rome I ( Regulation (EC) No 583/2008 on the law ...
  • Small claims are typically consumer claims. While most European states have specific procedures for dealing with them (as cheaper and quicker alternatives to ordinary court procedures), they differ widely across the ...
  • Form of litigation funding which is becoming popular across Europe (it has for a long time been widely used in Germany): including the UK (see the recent report from the UK ...
  • Reforms of the English civil procedure rules conducted by Lord Woolf who produced his " Access to Justice Final Report " in 1996. The purpose of the reforms was to make ...
  • A type of collective action where a representative is one of the claimants, or a representative organisation/body (such as an Ombudsman, or a consumer association). In the latter case, the representative ...
  • http://ec.europa.eu/solvit/ Commenced working in 2002, operated by EU Member States and coordinated by the Commission. Solvit is an alternative dispute resolution mechanism for those willing to ...