Coronacrisis en rechtspleging

Angaben zum Inhalt: „Four phases of the Corona crisis are distinguished: a first acute phase, the gradual transition to a new normal, the economic downturn and the long run. The article describes what happened in the courts in the first and in the beginning of the second phase, and what is subsequently likely to happen. In the acute phase the court buildings shut down, and adjudication came largely to a halt. The courts were late in opening up, and as a result backlogs of, in particular, criminal cases increased. The courts extended their use of digital tools (e.g. tele-hearings) that, while a... Mehr ...

Verfasser: Dijk, Frans
Bauw, Eddy
Dokumenttyp: Artikel
Erscheinungsdatum: 2020
Veröffentlicht in: Recht der Werkelijkheid, Volume: 41, Issue: 3, S. 14–30
Schlagwörter: Open Access/Volltext / Justiz
Sprache: nl
ISSN: 1380-6424
DOI: 10.5553/RdW/138064242020041003002
Permalink: https://search.fid-benelux.de/Record/X768M4S6
URL: https://www.bjutijdschriften.nl/tijdschrift/rechtderwerkelijkheid/2020/3/RdW_1380-6424_2020_041_003_002
Datenquelle: Corona Bibliografie Benelux; Originalkatalog
Powered By: ULB Münster
Link(s) : 10.5553/RdW/138064242020041003002

Angaben zum Inhalt: „Four phases of the Corona crisis are distinguished: a first acute phase, the gradual transition to a new normal, the economic downturn and the long run. The article describes what happened in the courts in the first and in the beginning of the second phase, and what is subsequently likely to happen. In the acute phase the court buildings shut down, and adjudication came largely to a halt. The courts were late in opening up, and as a result backlogs of, in particular, criminal cases increased. The courts extended their use of digital tools (e.g. tele-hearings) that, while allowing cases to proceed, did not fully protect the rights of parties. While so far the volume of commercial cases and bankruptcies has not increased, a (rapid) increase is inevitable. Contract breach will be wide spread, and will give rise to fundamental legal issues. For economic recovery it is essential that the courts give clear and consistent guidance in these matters quickly. This requires the courts to reduce the currently long duration of civil cases, and to use the available procedures to get expeditious decisions of the Supreme Court. The courts will also need to develop their ICT-instruments rapidly to guarantee the rights of parties. After a difficult first phase, the courts now face the challenge to effectively guide society through the Corona crisis and its aftermath, and thereby play its role in the trias politica.“