Influence of European Case Law on the Evidence Law of National Legal Systems (IECELS)

Project aims to study the influence of European case law on the rules of evidence in national legal systems.

The latest procedural reforms emphasize the avoidance of litigation, promoting mediation in civil matters, or, in criminal matters, decisively promoting the institution of plea bargaining, trying to implement the principle of opportunity and introducing mechanisms of restorative justice.

At a time when legislators are so intensely focused on avoiding judicial proceedings, it would seem that the role of evidence law can only diminish or take a back seat.

However, this impression is far from reality. A closer look reveals that in recent decades we are witnessing a galloping and profound transformation of the evidence law, both in the civil sphere (also predictable in labor and administrative litigation) and in criminal law, driven by intense legislative and, above all, jurisprudential activity, at the national and European level, which is generating profound consequences.

The project objectives to address the following problems, challenges and deficiencies, such as: a limited relationship between universities in the member countries of the European Union in terms of teaching and research, which is why the project involves the participation of universities, professors and students from Spain and Italy, with the collaboration of the PROBATICIUS Network with doctoral students and other researchers from different countries and continents; improving knowledge of the case law of the European courts on evidence law and its influence or reception in national legal systems, especially in Spain and Italy.