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The Rule Incentives that Rule Civil Justice

Author

Listed:
  • Daniela Marchesi

    (ISAE - Institute for Studies and Economic Analyses)

Abstract

The excessive length of civil judicial proceedings may be understood being the consequence of a disequilibrium between demand and supply of justice. A comparison between EU countries and a statistical and analytical investigation demonstrates that the problems do not rest in insufficient supply – which has been the general opinion – but in pathological demand for civil justice. Opportunistic behaviour incentivized by the procedural rules and by the excessive length of trials is at the root of such demand. Therefore changing the formula which determines lawyer’s fees should be the first reform introduced.

Suggested Citation

  • Daniela Marchesi, 2007. "The Rule Incentives that Rule Civil Justice," ISAE Working Papers 85, ISTAT - Italian National Institute of Statistics - (Rome, ITALY).
    • Handle: RePEc:isa:wpaper:85
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    File URL: http://lipari.istat.it/digibib/Working_Papers/WP_85_2007_Marchesi.pdf
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    References listed on IDEAS

    as
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    Cited by:

    1. Massimo Finocchiaro Castro & Calogero Guccio, 2014. "Searching for the source of technical inefficiency in Italian judicial districts: an empirical investigation," European Journal of Law and Economics, Springer, vol. 38(3), pages 369-391, December.

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    More about this item

    Keywords

    Efficiency of civil justice; Comparison among EU countries and the Italian case; Supply of justice; Pathological demand of civil justice; Effectiveness of reforms;
    All these keywords.

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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