Volume 12 : 2
Editorial
Is the Statement of Reasons for Civil Judicial Decisions an Effective Guarantee?
Access Filters and the Institutional Performance of the Supreme Courts
The Domestic Legislative Implementation of the EAPO Regulation: Integration and Frictions With National Civil Procedural Systems
‘Undressing” the Procedure: Three Limits of Civil Procedure and the Role of Proportionality
Justice in Ukraine Under Martial Law
The Public Policy Defence in the Recognition and Enforcement of Foreign Judgments in Greece
The Greek Cadastral Law as a Cluster of Rules of Substantive and Procedural Law and Its Incorporation Into the European Framework
La Représentation Des Mineurs à L’action en Justice en Matière Civile: Faculté ou Obligation D’agir ?
Grandes Décisions / Leading Cases
Débat / Debate: No, Your Honour! Do Judicial Reasoning Styles Influence the Degree of Acceptance of Court Rulings by the General Public?
Book Review
Editorial
Is the Statement of Reasons for Civil Judicial Decisions an Effective Guarantee?
Access Filters and the Institutional Performance of the Supreme Courts
The Domestic Legislative Implementation of the EAPO Regulation: Integration and Frictions With National Civil Procedural Systems
‘Undressing” the Procedure: Three Limits of Civil Procedure and the Role of Proportionality
Justice in Ukraine Under Martial Law
The Public Policy Defence in the Recognition and Enforcement of Foreign Judgments in Greece
The Greek Cadastral Law as a Cluster of Rules of Substantive and Procedural Law and Its Incorporation Into the European Framework
La Représentation Des Mineurs à L’action en Justice en Matière Civile: Faculté ou Obligation D’agir ?
Grandes Décisions / Leading Cases
Débat / Debate: No, Your Honour! Do Judicial Reasoning Styles Influence the Degree of Acceptance of Court Rulings by the General Public?
Book Review
Year
2022
Volume
12
Number
2
Page
252
Language
English
Court
Reference
G. OSNA, “‘Undressing” the Procedure: Three Limits of Civil Procedure and the Role of Proportionality”, IJPL 2022, nr. 2, 252-274
Recapitulation
A recurrent observation in the civil procedural doctrine is that civil litigation is embedded with virtuous promises, which are not always achieved. This article delves into this debate. In this sense, the author first aims to ‘undress’ a mythical view of the procedure, exposing its material limitations, its fallibility and its excluding logic. After that, the author points out proportionality as a criterion able to allow a more appropriate reframing of procedural theory. The author concludes that, if civil procedure is not capable of achieving everything, this criterion seems to be the best alternative to truly maximise dispute resolution effectiveness.
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