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Delays in civil proceedings: comparative studies between Finland and Sweden
Örebro University, School of Law, Psychology and Social Work.ORCID iD: 0000-0002-2171-6580
Örebro University, School of Law, Psychology and Social Work.
2014 (English)In: The Future of Civil Litigation: Access to courts and court-annexed mediation in the Nordic Countries, Springer, 2014, p. 249-280Chapter in book (Refereed)
Abstract [en]

In this chapter, we will compare the length of proceedings in Finland and Sweden . In contrast to Sweden, one of the big problems in Finland is delays in court procedures. In fact, Finland has received many violations alleging the country has violated Article 6 of the European Convention for Human Rights because of the delays, while in Sweden the same violations are far less. Interestingly, the procedural systems and main principles are almost identical in Sweden and Finland, which is grounded in a common history during an important period in the development of the Finnish legal judiciary. Therefore, it is poignant to ponder a reason for this factual difference—especially given that there does not seem to be any significant differences in resources. Our hypothesis on the main explanatory factors is that the reason might be, on one hand, in the different court culture and, on the other hand, in the recent developments in the Swedish civil litigation, the so-called more modern proceedings reform (EMR). In Finland, the recent solutions have been the new possibility to pay compensation for delays in the judicial proceedings and the possibility to request for urgent consideration of the matter. The tools used in Finland differ, therefore, from the Swedish ones. The named reasons and differences are discussed in this article

Place, publisher, year, edition, pages
Springer, 2014. p. 249-280
National Category
Law (excluding Law and Society)
Research subject
Law
Identifiers
URN: urn:nbn:se:oru:diva-32597ISBN: 9783319044644 (print)OAI: oai:DiVA.org:oru-32597DiVA, id: diva2:668829
Projects
The outlooks of the Nordic dispute resolution - The future of civil litigationAvailable from: 2013-12-02 Created: 2013-12-02 Last updated: 2017-10-17Bibliographically approved

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Ervo, LauraDahlqvist, Amie

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CiteExportLink to record
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Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf