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Procedural Law: Court Administrations
Stockholm University, Faculty of Law, Department of Law.
2007 (English)Collection (editor) (Other academic)
Abstract [en]

Procedural law is an important component of any legal system. The formal rules that make up what in academic settings is recognized as a core element of legal science do not merely provide the framework for how the official processing of the law can be performed. Procedural law also determines the efficiency of the court sector and at the same time its principles provide the outmost protection against violations of the rule of law. Not surprisingly, procedural law is a much debated topic. It is also a vital part of the legal education. This 51:st volume of the Scandinavian Studies in Law presents 26 articles on Scandinavian Procedural Law. The articles have all been written by academic jurists, highly prominent judges and officials active in Denmark, Finland, Iceland, Norway and Sweden. At least two features make the recent development of procedural law in the Scandinavian counties interesting from a broad international perspective. The Scandinavian legal systems exhibit a unique mix of civil and common law traditions, and the judiciaries have in the last decade been profoundly affected by the European Union integration project. In several cases this has resulted in innovative solutions but also given rise to intense debates. In addition to the various articles on procedural law this volume contains presentations of the courts administration bodies in all the Scandinavian countries

Table of Contents:

Arnardóttir, Oddný Mjöll, Non-discrimination Under Article 14 ECHR: The Burden of Proof, p. 13-40

Backer, Inge Lorange, The Norwegian Reform of Civil Procedure, p. 41-76

Bergholtz, Gunnar, Some Thoughts on Judges' Decision-making, p. 77-89

Bogdan, Michael, The Brussels/Lugano Lis Pendens Rule and the "Italian Torpedo", p. 89-98

Bårdsen, Arnfinn, Reflections on "Fair Trial" in Civil Proceedings According to Article 6 § 1 of the European Convention on Human Rights, p. 99-130

Diesen, Christian, Therapeutic Jurisprudence - an Introduction from a Swedish Perspective, p. 131-162

Eklund, Hans, Article 12 of the UN's Convention on the Rights of the Child and the Procedural Status of Children in Sweden, p. 163-184

Ervasti, Kaijus, Conflicts Before the Courts and Court-annexed Mediation in Finland, p. 185-200

Garde, Peter, The DNA-proof in Practical Danish Criminal Justice, p. 201-214

Heuman, Lars, Objectivity in Swedish Criminal Proceedings, p. 213-228

Jonkka, Jaakko, A Model for the Weighing and Balancing of Interest in the Prosecutor's Legal Discretion, p. 229-262

Kainulainen, Heini, Raped? Sexual Assault in Criminal Proceedings, p. 263-280

Lindblom, Per Henrik, The Growing Role of the Courts and the new Functions of Judicial Process - Fact or Flummery?, p. 281-310

Lindell, Bengt, Alternative Dispute Resolution and the Administration of Justice - Basic Principles, p. 311-344

Lindfors, Heidi, Cross-border Enforcement in the European Framework, p. 345-358

Magnússon, Sigurdur Tómas, Access to Courts for Civil Proceedings In Iceland, p. 359-382

Magnússon, Skúli, The Use of Experts in Icelandic Law of Procedure, p. 383-392

Matningsdal, Magnus, The Influence of the European Convention for the Protection of Human Rights and Fundamental Freedoms on Norwegian Criminal Procedure, p. 399-418

Myhrer, Tor-Geir, So-called Extraordinary or Untraditional Investigative Methods, p. 419-436

Pölönen, Pasi, Witness Examination in Finnish Criminal Trials, p. 437-450

Shaughnessy, Patricia, Dealing with Privileges in International Commercial Arbitration, p. 451-470

Skoghøy, Jens Edvin A., The Prohibition Against Repeated Criminal Proceedings According to the ECHR Protocol 7 Article 4, p. 471-488

Smith, Eva, The Presumption of Innocence, p. 489-504

Tómasson, Eiríkur, Presumed Innocent until Proved Guilty: The Principle of Art 6 § 2 of the European Convention on Human Rights and Art 70 § 2 of the Constitution of Iceland that the Burden of Proof Rests with the Prosecution , p. 505-532

Westberg, Peter, Interim Measures and Civil Litigation, p. 533-558

Zahle, Henrik, Judicial Opinion Writing in the Danish Supreme Court (Højesteret), 559-580

The Danish Courts – an Organisation in Development, p. 581-590

Court Administration in Finland, p. 591-605

Iceland’s Judicial System, p. 606-607

Presentation of the National Courts Administration and the

Norwegian Court Reforms of 2002, p. 608-628

The Swedish National Courts Administration, p. 629-650

Place, publisher, year, edition, pages
Stockholm Institute for Scandinavian Law , 2007. , 654 p.
, Scandinavian Studies in Law, ISSN 0085-5944 ; 51
National Category
Law (excluding Law and Society)
URN: urn:nbn:se:su:diva-19580ISBN: 978-91-85142-64-4OAI: diva2:186104
Volumes 1-37 available in full text at from: 2007-11-29 Created: 2007-11-29 Last updated: 2009-12-22Bibliographically approved

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