Conference on Procedural Justice & Legal Practice

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Conference on Procedural Justice & Legal Practice In November 2014, several members of the Montaigne Centre for Judicial Administration and Conflict Resolution published a special issue of the

1 Conference on Procedural Justice & Legal Practice In November 2014, several members of the Montaigne Centre for Judicial Administration and Conflict Resolution published a special issue of the Utrecht Law Review on Procedural Justice & Legal Practice. Based on this issue, an international expert meeting will be organised on 10 April 2015 in Utrecht (the Netherlands). A selection of the publications will be presented by the authors and will be commented by several national and international discussants. Central questions that will be discussed are (1) how the concept of procedural justice could enlarge the insight in the administration of law (conceptual) and (2) what the best methods are to research this topic (methodological). Date: 10 April 2015 Location: District Court of the Mid-Netherlands, Vrouwe Justitiaplein 1, 3511 EX Utrecht, the Netherlands Programme 09:30 10:00 Registration and coffee & tea 10:00 10:05 Welcome and short introduction of the Montaigne Centre for Judicial Administration and Conflict Resolution Miranda Boone - Professor in Penitentiary Law and Penology at Groningen University and Senior Lecturer in Criminal Law and Criminology at Utrecht University (NL). Research coordinator of the Montaigne Centre (NL). 10:05 10:15 Opening of the Conference on Procedural Justice & Legal Practice Ton Hol Head of the Utrecht School of Law and Vice-dean of the Faculty of Law, Economics and Governance. Professor in Jurisprudence and Legal Philosophy (NL)

2 10:15 11:00 Keynote Lecture on The Social Value of Fair Process: Psychological and Policy Perspectives E. Allan Lind James L. Vincent Distinguished Professor of Leadership, at Duke University (USA) 11:00 11:45 Session A: Procedural Justice in Dutch Administrative Court Proceedings Authors: André Verburg Senior Judge at the District Court of the Mid- Netherlands and Researcher at the Utrecht School of Law (NL) Ben Schueler Professor of Administrative Law, Environmental and Planning Law at Utrecht University (NL) Discussant: Bert Marseille Professor of Public Administration at Groningen University and Professor by Special Appointment of the Empirical Study of Administrative Law at Tilburg University (NL) 11:45 12:30 Session B: Towards a More Responsive Judge: Challenges and Opportunities Authors: Machteld W. de Hoon Coordinating Policy Advisor at the Ministry of Security and Justice (NL) Suzan Verberk Senior Policy Advisor at the Dutch Council for the Judiciary (NL) Discussant: Tania Sourdin Professor of Law and Dispute Resolution at Monash University (AUS) 12:30 13:30 Lunch 13:30 14:15 Session C: Procedural Justice for Weaker Parties in Cross-Border Litigation under the EU Regulatory Scheme Author: Vesna Lazić Associate Professor and Senior Researcher at Utrecht University and T.M.C. Asser Institute (NL); Professor of the European Civil Procedure at the University of Rijeka (HRV).

3 Discussants: Cristina Mariottini Senior Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law (LUX) 14:15 15:00 Session D: Procedural Justice Seen to Be Done: The Judiciary s Press Guidelines in the Light of Publicity and Procedural Justice Author: Discussant: Leonie van Lent Assistant Professor at Utrecht University (NL) Lieve Gies Senior Lecturer at the University of Leicester (UK) 15:00 15:30 Coffee & tea 15:30 16:15 Session E: Neutrality as an Element of Perceived Justice in Prison: Consistency versus Individualization Authors: Miranda Boone Professor in Penitentiary Law and Penology at Groningen University and Associate Professor Criminal Law and Criminology at the Utrecht University (NL). Mieke Kox PhD-Student at Erasmus University Rotterdam (NL) Discussant: Gill McIvor Professor of Criminology at the University of Stirling and Co-director of the Scottish Centre for Crime and Justice Research (SCO) 16:15 16:45 Closing remarks Rick Verschoof Judge at the District Court of the Mid-Netherlands, Professor of Administration of Justice at Utrecht University and Co- Director of the Montaigne Centre for Judicial Administration and Conflict Resolution (NL) 16:45 18:30 Cocktail drinks

Prof. dr. Miranda Boone Function: Professor in Penitentiary Law and Penology at Groningen University and Senior Lecturer in Criminal Law and Criminology at Utrecht University (NL).

Her PhD thesis was on the topic of community sentences and measures and she has continued publishing on that topic since that time.

4 Prof. dr. Miranda Boone Function: Professor in Penitentiary Law and Penology at Groningen University and Senior Lecturer in Criminal Law and Criminology at Utrecht University (NL). Research coordinator of the Montaigne Centre (NL). BIO: Miranda Boone graduated in 1992 in criminal law and criminology at the VU University in Amsterdam. Her PhD thesis was on the topic of community sentences and measures and she has continued publishing on that topic since that time. Other recent research topics include decisionmaking in the criminal sanction system, selectivity in sentencing, criminal records and reintegration, prison experiences and electronic monitoring. She is co-leader of the COST Action on Offender Supervision in Europe s Working Group on Decision-making and Supervision. Prof. dr. Ton Hol Function: Head of the Utrecht School of Law and Vice-dean of the Faculty of Law, Economics and Governance. Professor in Jurisprudence and Legal Philosophy (NL) BIO: Prof. Dr Antoine (Ton) Hol (1954) studied Law and Philosophy at Nijmegen University, The Netherlands. After his graduation he was appointed as a lecturer at Leiden University, where he defended his dissertation on the principles of tort law. In 1994 he became a professor at Utrecht University, where he holds the chair of Jurisprudence and Legal Philosophy. He established the Montaigne Centre for Adjudication and Conflict Resolution. Since 2014 he has been appointed as Head of the Law School of Utrecht University. As a researcher he is a member of several international research groups (Cambridge, Paris, Bologna). He is not only interested in legal theory, but also in legal practice. For instance, he is practicing as a deputy justice at the Amsterdam Court of Appeal, Court of Appeal of s Hertogenbosch, and as a deputy judge at the court of Noord-Holland. He was/is also involved in several training programs for the judiciary in foreign countries (e.g. China, Rwanda, Uganda, Czech Republic). His main fields of research concern legal decision-making, judicial administration, ethics of the legal profession, theories of torts, as well as legal and political philosophy in general.

5 Prof. dr. E. Allan Lind Function: James L. Vincent Distinguished Professor of Leadership, at Duke University (USA) BIO: Professor Lind's teaching interests center on leadership and global management issues. His research interests include leadership, organizational behavior, trust, organizational fairness judgments, and conflict management, with special emphasis on culture and effective management practices. In particular, he studies how leaders and managers can enhance feelings of fair treatment, develop trust and initiative, foster the acceptance of organizational authority, and resolve disputes and conflicts in organizations. Prior to coming to Duke, he did policy research on law, counter-terrorism, and military leadership and decision making at the RAND Corporation in California and at the American Bar Foundation. For five years, he held the Leiden University Fund Chair Visiting Professorship in Social Conflict and Social Justice at the University of Leiden in the Netherlands, and for four years he was Visiting Professor of Leadership Studies at the University of Auckland in New Zealand. He did his doctoral dissertation research in Paris and has conducted research in France, Germany, Great Britain, New Zealand, Australia, the Netherlands, China, India, the Philippines and Japan. Professor Lind has published more than 100 research papers in major scholarly journals around the world. His book on the psychology of fairness in organizational, political, and social contexts is one of the 30 most cited works in his home discipline of social psychology. He is a Fellow of the Association of Psychological Sciences and the Society for Experimental Social Psychology. He received his PhD and MA from the University of North Carolina and his BA from the University of Florida.

André Verburg Function: Senior Judge at the District Court of the Mid-Netherlands and Researcher at the Utrecht School of Law BIO: André Verburg is a senior judge at the District Court

He is a member of the editorial boards of three Administrative Law Journals (JBplus, AB and Kennisbank Bestuursrecht) in the Netherlands.

6 André Verburg Function: Senior Judge at the District Court of the Mid-Netherlands and Researcher at the Utrecht School of Law BIO: André Verburg is a senior judge at the District Court Midden-Nederland and researcher at the Utrecht School of Law/Montaigne Centre. He is a member of the editorial boards of three Administrative Law Journals (JBplus, AB and Kennisbank Bestuursrecht) in the Netherlands. Books and articles by his hand cover Administrative Evidence Law, Final Dispute Resolution, Procedural Justice and Administrative Procedural Law. He is a trainer and teacher of judges, judicial assistants, civil servants and solicitors. Before André Verburg worked at the District Court Midden-Nederland, he was a judge at the District Court 's-gravenhage, lecturer at SSR, the Dutch training centre for the judiciary, and a judicial assistant at the Council of State in the Netherlands. Prof. dr. Ben Schueler Function: Professor of Administrative Law, Environmental and Planning Law at Utrecht University BIO: Prof dr B.J. (Ben) Schueler is Professor of Administrative Law, Environmental and Planning Law at UtrechtUniversity. He has developed an expertise in the areas of national and European environmental and planning law, law of administrative procedure and state liabilty. Between 1999 and 2005 he worked as a lawyer in administrative proceedings in a law firm in The Hague. He is a substitute judge at the district courts of Utrecht and in the Court of Appeal in The Hague.. Since 1985 he has published in academic journals and law reviews on the above issues. He participated in a number of research projects, including evaluations and impact assessments of statute regulations and courts decisions. Next to his work in scientific research and education he is frequently invited to give expert s opinions on impasses in the decision-making process and legal disputes concerning urban and environmental planning.

Prof. dr. Bert Marseille Function: Professor of Public Administration at Groningen University and Professor by Special Appointment of the Empirical Study of Administrative Law at Tilburg University.

He participated in research projects evaluating experiments concerning the objection procedure against decisions of administrative bodies ('Pro-active Approach Model ) and procedures at

7 Prof. dr. Bert Marseille Function: Professor of Public Administration at Groningen University and Professor by Special Appointment of the Empirical Study of Administrative Law at Tilburg University. BIO: Bert Marseille s research interests concern dispute resolution in administrative law procedures. He participated in research projects evaluating experiments concerning the objection procedure against decisions of administrative bodies ('Pro-active Approach Model ) and procedures at administrative law courts ('New Approach'). Recent publications in this field: A.T. Marseille & I.M. Boekema, Administrative Decision-Making in Reaction to a Court Judgment. Can the Administrative Judge Guide the Decision-Making Process?, ULR Volume 9, Issue 3 (July) 2013, p , B. Brink & A.T. Marseille, 'Participation of Citizens in Pre-Trial Hearings. Review of an Experiment in the Netherlands',, International Public Administration Review, XII (2 3), 2014, p , K.J. de Graaf, A.T. Marseille & H.D. Tolsma, Mediation in Administrative Proceedings: A Comparative Perspective, in: Dacian C. Dragos & Bogdana Neamtu (eds), Alternative Dispute Resolution in European Administrative Law, Springer 2014, p Suzan Verberk Function: The research program coordinator at the Council for the Judiciary of the Netherlands. BIO: Dr. Suzan Verberk is working as the research program coordinator at the Council for the Judiciary of the Netherlands. The research program is inspired by current needs of the judiciary as well as relevant academic insight and aims to improve the quality of the justice. Before, Verberk combined her work as a freelance researcher with writing her PhD dissertation on problem-solving courts (published in 2011). In her work, she focuses on innovation in the justice system and on judicial conflict resolution. In the past she has been a visiting scholar at the Center for the Study of Law and Society of UC Berkeley, worked as project manager at a private research and consultancy firm, and she started her working life as a researcher in public administration at the Free University.

8 Prof. dr. Tania Sourdin Function: Professor of Law and Dispute Resolution at Monash University BIO: Professor Sourdin has led national research projects and produced important recommendations for reform. In the past decade, she has conducted qualitative and quantitative research projects into alternative dispute resolution systems in 10 Courts and Tribunals and five external dispute resolution schemes. She also has extensive experience in training and educating mediators, investigators, conciliators, tribunal members, judges, architects, lawyers and others in relation to communication, mediation, negotiation, collaborative practice and alternative dispute resolution processes. Professor Sourdin is a solicitor of the Supreme Court of New South Wales, a part-time judicial Member of the Commonwealth Administrative Appeals Tribunal and completed a term as a senior member with the Consumer Trader and Tenancy Tribunal in NSW in February Next to this, she is also a mediator, active in a range of commercial and workplace matters and has facilitated largescale conflict resolution management projects. She has worked across Australia, New Zealand, Hong Kong, Canada, the United States, the UK, Italy and the United Arab Emirates. As well, Professor Sourdin is the author of books, articles and papers, and has published and presented widely on a range of topics including mediation, conflict resolution, artificial intelligence, technology and organizational change. The 4th edition of her book Alternative Dispute Resolution (Thomson Reuters) was released in Her book (ed and contributor) The Multi-Tasking Judge (Thomson Reuters) was published in She has current research projects relating to Innovations in Justice (and is co-chair of the international LSA CRN in this area), Timeliness in Justice, Self-Represented Litigants, AI and Justice, ADR, complaints handling, the resolution of tax disputes as well as a number of consultancies and small projects.

Dr. Vesna Lazić Function: Associate Professor and Senior Researcher at Utrecht University and T.M.C. Asser Institute and Professor of the European Civil Procedure at the University of Rijeka.

at the T.M.C. Asser Instituut. In 2013 she was appointed professor of the European Civil Procedure International at the University of Rijeka.

9 Dr. Vesna Lazić Function: Associate Professor and Senior Researcher at Utrecht University and T.M.C. Asser Institute and Professor of the European Civil Procedure at the University of Rijeka. BIO: Vesna Lazić is Associate Professor on International Commercial Arbitration at the Utrecht University and a senior researcher in International Commercial Arbitration and Private International Law at the T.M.C. Asser Instituut. In 2013 she was appointed professor of the European Civil Procedure International at the University of Rijeka. Dispute settlement, especially international litigation and commercial arbitration, private international law, insolvency and commercial law are the fields of her particular interest and expertise. Dr. Cristina Mariottini Function: Senior Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law BIO: Cristina holds a law degree (summa cum laude) from the Università degli Studi di Milano and a Ph.D. from the same University, where she defended a dissertation on Breach of Contract and Damages in Private International Law. Before joining the Institute, Cristina was a visiting research scholar at the University of Pittsburgh School of Law ( ), where in 2011 she also completed an LL.M. program. In she partook, as a member of the Center for International Legal Education (CILE) observer delegation, in the United Nations Commission on International Trade Law (UNCITRAL) Working Group III Online Dispute Resolution for Cross-Border Electronic Commerce Transactions. As of 2012 Cristina is an Associate Member of the American Society of Comparative Law, and of 2014 she is a member of the American Branch of the International Law Association. In 2013, she became a member of the editorial board of the Rivista di diritto internazionale privato e processuale. Cristina s main field of research is dispute settlement, and European procedural and private international law in contractual and non-contractual obligations, as well as in cross-border successions.

Dr. Leonie van Lent Function: Assistant Professor at Utrecht University BIO: Leonie van Lent graduated in criminal law and obtained her PhD at Utrecht University.

Before and after that time she has published about publicity in criminal procedure and on related topics, such legitimacy of the administration of criminal justice and the position and involvement of

10 Dr. Leonie van Lent Function: Assistant Professor at Utrecht University BIO: Leonie van Lent graduated in criminal law and obtained her PhD at Utrecht University. Her PhD thesis was on the topic of the principle of public proceedings in Dutch criminal procedure. Before and after that time she has published about publicity in criminal procedure and on related topics, such legitimacy of the administration of criminal justice and the position and involvement of the media in criminal justice. Her research focuses on the (the implications of the) ECtHR case law on these topics. Other research topics include the presumption of innocence and the ECtHR case law on principles of procedure. She is editor of the ECtHR feature in Delikt en Delinkwent. Dr. Lieve Gies Function: Senior Lecturer at the University of Leicester BIO: Lieve Gies was a Lecturer and Senior Lecturer in Law at Brunel University (2001/02) and Keele University (2002/11) before joining the Department of Media and Communication at the University of Leicester where she teaches Media Law and Law in the Media. Her research is situated at the intersections of law, media and popular culture, covering topics as diverse as online legal advice, the deviant celebrity, media representations of human rights law and the communication strategies of courts. She is the author of Law and the Media: The Future of an Uneasy Relationship (Routledge, 2008) and Mediating Human Rights: Media, Culture and Human Rights Law (Routledge, 2014). A central argument in her research is that tensions between law and the media are inevitable because of a fundamental conflict in the way in which reality is imagined and represented in the legal sphere and in the media. The focus of Gies recent research has been on media representations of human rights law. Two developments take centre stage in her recent research: the Human Rights Act 1998, an important piece of legislation aimed at enhancing protection for human rights in a UK context, and the War on Terror which has generated much media and legal debate on the potential for conflict between security and human rights. She is currently also preparing to co-edit a volume involving the heavily mediatized murder trial of the American exchange student Amanda Knox and her Italian co-accused Raffaele Sollecito, a transmedia crime story that gripped audiences across the world.

Mieke Kox Function: PhD Candidate at the Criminology department of the Erasmus University Rotterdam. BIO: M.H. (Mieke) Kox has studied Criminology at Utrecht University and graduated in 2007.

for unauthorized migrants), the International Organization for Migration, and the Criminology department of Utrecht University.

11 Mieke Kox Function: PhD Candidate at the Criminology department of the Erasmus University Rotterdam. BIO: M.H. (Mieke) Kox has studied Criminology at Utrecht University and graduated in Since then, she has been working for the Council for the Administration of Criminal Justice and Protection of Juveniles, Stichting LOS (a non-governmental organization that advocates for human rights for unauthorized migrants), the International Organization for Migration, and the Criminology department of Utrecht University. She has, amongst others, conducted empirical studies on the conditions in immigration detention, the lives of unauthorized migrants, the potential deterrent effects of immigration detention and the detention experiences of prisoners and prison staff. Currently, she is a PhD Candidate at the Criminology department of the Erasmus University Rotterdam. Her research focuses on the legal consciousness of unauthorized migrants in the final stage of the immigration system who are confronted with apprehension, detention and the risk of deportation. Prof. Dr. Gill McIvor Function: Professor of Criminology at the University of Stirling and Codirector of the Scottish Centre for Crime and Justice Research and a Visiting Professor at the Glasgow School of Social Work, University of Strathclyde. BIO: Dr. McIvor s research has focused primarily on community sanctions, with particular interests in women in the criminal justice system, problem-solving courts and criminal justice responses to drug-related crime. Much of her work is policy related and/or comparative/international. The latter includes research on women leaving prison and juvenile justice in Australia and on community sanctions in Europe research interests include alternatives to imprisonment (including specialist courts), young offenders and women who offend. Her recent research includes an evaluation of the Scottish Drug Court and Youth Court pilots, women s experiences after prison in Australia and the evaluation of the 218 Centre. McIvor is a member of the European Society of Criminology Working Groups on Community Sanctions, Gender and Justice and Sentencing and Penal Decision-Making and a member of the EU COST Offender Supervision in Europe working group on decision-making. Furthermore, she is a member of the Centre for Gender & Feminist Studies at the University of Stirling and the Spinhuis Centre for Research on Incarcerated Females at the Netherlands Institute for the Study of Crime and Law Enforcement in Amsterdam.

Rick Verschoof Function: Senior Judge at the District Court of the Mid-Netherlands, Professor of Administration of Justice at Utrecht University and Co- Director of the Montaigne Centre for Judicial

12 Rick Verschoof Function: Senior Judge at the District Court of the Mid-Netherlands, Professor of Administration of Justice at Utrecht University and Co- Director of the Montaigne Centre for Judicial Administration and Conflict Resolution BIO: Prof. dr. Rick Verschoof studied Law at Utrecht University. After his graduation he was appointed lecturer at that university. He became a lawyer, but later returned to the university for almost ten years, during which he defended his dissertation on the features of the Board for Indemnity Insurance (is it a body applying disciplinary law or a body settling private law disputes?). More than 20 years ago Rick Verschoof became a judge, in that period he occupied 10 years leadership functions as a member of the board of the District Court in Utrecht and later president of the District Court in Dordrecht. In 2012 he was appointed as part time professor, in combination with his profession as a judge. His main fields of research concern judicial administration and conflict resolution in court proceedings as well as judicial organization. Currently, he is leading a field research project about what actions of judges have effect in terms of reaching settlements in the court room and how these actions are appreciated by the litigants in terms of procedural justice. He is also training judges, especially in relation to civil court hearings.

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