The legal system and the judiciary that applies and enforces it have a wide-ranging impact on economic behaviour and thereby on the performance of the economy of
nations, as the economic literature shows. However, little is known about the underlying mechanisms and the extent of these effects.
The ENCJ in co-operation with the University of Utrecht undertook a pilot study to explore the role of the judiciary in the economy, and the need to improve the performance of the judiciary from this perspective in Europe. The countries studied are Ireland, Italy, Lithuania, the Netherlands and Norway.
In the report, unique data is presented about the value at stake in commercial litigation for five countries from different parts of Europe. The most comprehensive comparison is possible for commercial cases with financial claims of EUR 1 million and higher, but also country comparisons are presented for a broader range of claims. Estimates of the economic effects of commercial litigation for the parties are derived from the data for the different judicial environments of these five countries. Best practices have been identified, and the direct costs to parties of procedures that do not conform to the best practice are estimated.
While the study was confined to five countries, it is of wider relevance as the selected countries come from different traditions, and other countries that belong to these traditions can learn from