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LETTERS OF SUPPORT

 


 

 EUGLOJUST Project

The preparation of this project was made possible thanks to the support and assistance granted by the Spanish Ministry of Economic Affairs and Competitiveness, State Secretariat for Research, Development and Innovation (Reference: EUIN2013-50661).

 

 

Summary

The EUGLOJUST Project aims to study Access to Justice in a global context and to reinforce the EU’s external policies in the field of Global Justice. EUGLOJUST will carry out the first analysis of a truly global reach, which will provide accurate and realistic indicators allowing the EU to move forward as a global player in the field of justice.

To achieve its objectives, EUGLOJUST follows an innovative and comprehensive approach to research and analysis that monitors the pertinent developments by global transnational and comparative research. Besides a multilevel, transnational and institutional legal methodology, EUGLOJUST also applies the gender perspective and assesses the social degree of acceptance of Justice.

Four world regions form the basis for the structure of the Consortium: Africa, America, Asia and Europe. Within these regions, different universities and networks are identified in order to cover the specificities of each region and guarantee the scientific level of the results. The work is conducted in 23 EU and non-EU eligible countries and includes national and transnational/international courts or similar bodies as well as traditional/tribal/indigenous and local justice.

As for the innovation potential, we consider of the outmost importance: To support the dissemination of European values and indicators through a process based on autonomous decision-making and to support the development of a process of understanding, applying and modifying law that benefits from the European experience.

All research results, books, policy briefings, films and webinars will be translated into open access materials to reach the identified target groups: political actors, policy makers, academia and universities, legal actors and institutions, media and the public. Synergies with other projects and research teams and the support of others organizations around the world will reinforce the promotion of Access to Justice far beyond the countries of the Consortium Partners. 

 

Brief description of the project

Justice is an essential public service. Even though it is interpreted differently, the service is not always well rendered, and not all cases offer the best solution, hardly anyone discusses the need for justice as a service.

Even when considering the needs of individuals or organizations, justice shows an increasing need for a more global approach, due to the complexity of our societies.

In this respect, from the European perspective, Article 2 of the Treaty of the European Union (since the Treaty of Lisbon), related to the values ​​that constitute the foundations of the Union, contains a specific mention of justice as a value to be present in the internal and external action of the Union, considering that one of the objectives of the EU, established by art. 3 TEU, is the promotion of values.

Even in European research, justice is at the heart of the new Horizon 2020 programme, specifically in the field of Global Justice, a subject regarding which our group wishes to make a proposal: “Access to global justice. Europe’s contribution towards a just global legal order (EUGLOJUST)”.

What will be the objectives of our research? These can be divided into general objectives and specific objectives.

 

General objectives of the project

Based on the values governing the external action of the Union according to the Lisbon Treaty and taking into account the general and specific criteria derived from the case law of the EU Court of Justice and the European Court of Human Rights regarding ‘access to justice’, the project will focus on:

  1. Detecting the jurisdictional and non-jurisdictional agents who are active in the context of ‘Global Justice’. Are all of them supranational courts? Are there jurisdictional organs which are not supranational and which have impact on the universal guarantee of ‘access to justice’? Are their non-jurisdictional organs, which perform duties relevant in this context?
  2. The establishment of common principles (transversal indicators) in the case law of the various supranational jurisdictions regarding the definition of ‘access to justice’. Can these principles be applied when the jurisdiction is not supranational? In addition, when the organisation acting on this area is not jurisdictional?
  3. Identification of the existing obstacles to the effective achievement of a global ‘access to justice’ (independence and impartiality of judges, access to information, right of defence and the right to submit evidence, the complexity of procedures, linguistic barriers, fees, protection of witnesses and victims, minors, minorities, execution of judgments, etc.) in all types of jurisdictions and examining organs. Are these obstacles legal in nature, or rather informal?
  4. A comparison of supranational jurisdictions guaranteeing ‘access to justice’ in democratic regimes with those that have been created in a context of conflict. Are they equally effective?
  5. Identification of mechanisms of collaboration, formal or informal, among all the organs guaranteeing ‘access to justice’. Do mechanisms of collaboration exist between jurisdictional and non-jurisdictional organs? Which rules of competence have been established between them?

 

Specific objectives of the project

Following the project objectives, the tasks to be developed are:

  • Review the functioning and the case law concerning access to justice from   judicial organs or similar bodies:
    • European Courts:
      • The Court of Justice of the European Union.
      • The European Court of Human Rights.
    • Tribunals of the United Nations:
      • The International Court of Justice.
      • The International Criminal Court.
      • International Criminal Tribunal for the former Yugoslavia.
      • International Criminal Tribunal for Rwanda.
      • International Tribunal for the Law of the Sea.
      • Others: Special Court for Sierra Leone, Extraordinary Chambers in the Courts of Cambodia, Special Tribunal for Lebanon.
    • Regional Courts:
      • Inter-American Court of Human Rights.
      • Court of Justice of the Andean Community
      • African Court on Human and People’s Rights
    • National Courts:
      • In Europe: Bosnia-Herzegovina, Germany, Italy, Netherlands, Poland, Spain, Turkey, United Kingdom.
      • In America: Argentina, Bolivia, Colombia, Chile, Peru.
      • In Asia: Indonesia, Korea, Sri Lanka, Uzbequistan, Vietnam.
      • In Africa: Angola, Benin, Ivory Coast, Senegal, South Africa.
    • Non-jurisdictional organs:
      • Committees established under different systems (UN, Council of Europe, etc.).
      • Inter-American Commission on Human Rights.
      • African Commission on Human and People’s Rights
      • Special rapporteurs on the protection of specific rights
      • Non-regulated instruments in situations of conflict or denial of rights (Asian Commission on Human Rights and other national and local regional organizations).
  • To review and evaluate the agreements that the EU has concluded with these organs as well as the collaboration/association/assistance agreements with the countries where these organs are established or exercise their jurisdiction.
  • To analyse and evaluate the influence the European courts and EU action may have had on the formation and functioning of the courts and other organs for the protection of rights in other geographical areas, and the degree of acceptance of the general, transversal criteria obtained from States' actions.
  • To assess the gender impact of these project objectives by determining whether access to justice, in a broad sense, including all kinds of judicial or similar organs, equally protects and affects men and women, as well as homosexual, transsexual and intersex persons.
  • To prepare a compilation of good practices aimed at achieving Global Justice.
  • To give visibility to the external action of the EU as an all-round player aiming at the achievement a fair legal global order.

 

What is the importance of this reflection?

To obtain Global Justice in a world, which is only globalized in some aspects, but in which globalization largely determines people's lives, is an objective within the operational framework of values, which govern the EU external action. Visualizing this premise becomes particularly relevant in the context of achieving the objectives that the European Treaties in force consider essential to the European Union.

In addition, the social perception of the need for implementing Global Justice has not been studied in a systematic way, in a comprehensive framework. Finding out whether social perceptions are similar or not in the different parts of the world, whether we perceive regulated procedures or rather informal justice as more efficient, places us at the heart of the scientific debate on the protection of rights in the age of globalisation. Finding indicators on these matters could have a huge impact on the overall configuration of the instruments on the protection of rights.

We must also ask whether the instruments of Global Justice, formal or informal, are equally effective for women and men, as well as for homosexual, transgender or intersex persons. In addition, if there are barriers, are they the same for all these groups?

Finally, to determine whether, on the other hand, the EU external action, when signing association, collaboration and/or financial assistance agreements with third countries or regional public or private organizations, is carried out according to the values ​​and objectives set out in articles 2 and 3 TEU, places us at the centre of the debate on whether the EU has adequate instruments at its disposal and whether the corresponding funds are managed in line with these objectives. This requires, at the same time, an analysis against the background of good governance criteria, which are extremely useful to determine the impact of the EU external action may have when seeking to achieve Global Justice.

 

Methodology

The project will use a complex methodology, adjusted to the stated objectives:

  • Multilevel legal order (international, European, regional, national or local law) combined with the study of specific cases in codified or non-codified / informal systems.
  • Evaluation of impact of the gender on the Access to Justice.
  • Information requests of specialized authorities and organizations, aimed at addressing social justice perception on justice and the evaluation of gender impact.
  • New communication technologies in research (use of shared online resources to facilitate joint work) and dissemination of results (deliverables).
  • Multilingual approach to work and results.

 

The results

The following results are expected:

  • Study on Access to global justice. Europe’s contribution towards a just global legal order.
  • Access to justice studies in the concerned countries, in the international/supranational courts and, where appropriate, in an informal systems.
  • Specific reports on concrete subjects published in scientific journals.
  • Films: general and specifics.
  • Webminars.
  • Explanatory brochures in different languages.
  • Policy briefings.
  • Website joining work and results.
  • Articles in non-specialized journals.
  • Global, regional and national conferences.
  • Seminars and other activities.

 
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CONTACTA AMB NOSALTRES


Càtedra Jean Monnet de Dret Constitucional Europeu
Despatx B2/-184
Edifici B
Facultat de Dret
Campus de la UAB
08193 Bellaterra (Barcelona)
TEL +34 93 581 46 63
FAX +34 93 581 29 88
catedra.jeanmonnet@uab.cat

 



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