The NWO research project Judges in Utopia has a new website. In addition to information on research projects, publications and scheduled events, the site is also home to a blog with actual affairs.
The NWO research project Judges in Utopia has a new website. In addition to information on research projects, publications and scheduled events, the site is also home to a blog with actual affairs. The website was developed by student assistant Fien de Ruiter.
'Judges in Utopia: Judicial law-making in European private law' is a five-year research project (2014-2019) funded by NWO Vidi. The research focuses on the role of the judiciary in the development of private law in the European Union, especially the interaction between the civil-law judiciary and the Court of Justice of the European Union. In this context, special emphasis is given to the influence of fundamental rights on judicial law-making.
The title of the project emphasises the focus on the influence of fundamental rights on European private law, and was inspired by an observation made by Jürgen Habermas, whose work in part provides the theoretical underpinnings of the project: “Human rights constitute a realistic utopia insofar as they no longer paint deceptive images of a social utopia that guarantees collective happiness but anchor the idealof a just society in the institutions of constitutional states themselves.” “Judges in Utopia” examines the position of the civil-law judiciary as a component of this institutional framework. Utopian thought fits in with the interplay between practice and theory that characterises the research.
Sub-projects include the impact of the right to an effective judicial remedy in consumer cases (Anna van Duin), climate change cases (Laura Burgers), the various notions of “social justice” in European private law (Betül Kas) and the contribution of the national civil-law judiciary to the development of the European legal order (Chantal Mak).