Special remarks on the Procedural Law tendencies for fact finding and evidence, under the right of access to justice
Mots-clés :
Claims; Evidence; Information asymmetry; Efficiency; European law; Case management; Burden of proof.Résumé
This paper outlines the modern methods and the recent developments in the field of procedural law that are related to fact finding (claims and evidence). Litigation claims and evidence procedure are strongly related due to the general rule “I prove what I invoke”. The update character of this topic is confirmed by the fact that even in ELI/UNIDROIT provisions for Building European Rules of Civil Procedure there is special reference to the fact that the main purpose of each litigation procedure is determined by the parties’ allegations and these allegations are strongly related to the object of evidence procedure[1]. The problem that may arise is the potential difficulty of the litigant’s parts to have access to evidence and information, in order to present their rights before the court. This can lead further to a general difficulty of real access to justice, which is safeguarded by Article 6 par. 1 of ECHR and Article 47 of Charter of Fundamental Rights. The reference to these two articles is the basic method for approaching the crucial topics is the recourse to the scope of procedural rules, under the interpretation light of access to justice and due process. Under this light, procedural law becomes the means for the efficient implementation of substantive law.
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