Papers by Elisabetta Silvestri
Access to Justice in Eastern Europe, 2020
The COVID-19 pandemic has forced governments around the world to adopt special measures to limit ... more The COVID-19 pandemic has forced governments around the world to adopt special measures to limit the spread of the contagion. In the field of the administration of justice, social distancing and other health safety measures have brought about alternatives to the normal management of judicial business. This essay presents an overview of the solutions devised by the Italian authorities to handle civil disputes in the time of COVID-19.
SSRN Electronic Journal, 2014
Head of the Interdisciplinary Association of Comparative and Private International Law the Russia... more Head of the Interdisciplinary Association of Comparative and Private International Law the Russian Law Journal was founded in 2013 and is the first academic legal journal published in English in russia. the Journal is not limited to contributions on recent developments in russian law, but extends to other legal systems. It is addressed to scholars from all over the world in order to provide for a platform of discussion of academic legal scholarship between russia and other countries. this approach is to be welcomed and deserves attention. Intellectual exchange between legal scholars is the first step to mutual understanding and to the creation of academic networks. Comparative law scholars working outside russia are keen to learn more about the legal developments in russia and scholars in russia are interested in being informed on current trends in other jurisdictions. the goal of the Russian Law Journal is very ambitious indeed. first of all, the Journal is addressed to scholars (primarily 'law in the books'); secondly, the future will show whether and how academic exchange might influence mutual cooperation , and thus possibly also influence practice ('law in action'). Although such need is widely recognized, global experience demonstrates that scholarly work depends on support by various sources enabling the preparation and publication of each volume. Last but not least, all branches of law are included in this endeavor. this requires an input from experts in the various fields of law and, in addition, a well-balanced publication policy. the tasks and burdens of editors are a continuous challenge and constitute a considerable part of their daily work also for the years to follow. I wish the Russian Law Journal an enduring success, nurtured by first rate contributions that contribute to an academic dialogue between legal scholars from all over the world.
Rivista trimestrale di diritto e procedura civile, 1993
L'Osservatorio sul diritto di famiglia-Diritto e processo, 2022
At a time when the search for efficiency is the constant trend of judicial reforms, the establish... more At a time when the search for efficiency is the constant trend of judicial reforms, the establishment of specialized courts could be a viable strategy. Specialized courts means courts equipped with judges who can boast special knowledge and expertise in a specific area of law; and sometimes it also means procedural patterns other than the ones according to which ordinary cases are decided. These features seem particularly appropriate to handle a variety of new cases arising out of novel statutes regulating topics of unprecedented complexity. In fact, judicial specialization is seen as something that can both increase efficiency in the disposition of cases and, at the same time, guarantee high-quality decision-making and uniformity of case law; yet, even specialized courts have their ‘dark side’. In particular, one drawback must be emphasized: the establishment of specialized courts can foster the idea of an elitist access to justice that benefits solely selected cases and therefore ...
The Future of the European Law of Civil Procedure, 2020
Russian Law Journal, 2016
Ius Gentium: Comparative Perspectives on Law and Justice, 2017
The Supreme Court of Cassation is the Italian final court of appeal, but, in spite of its officia... more The Supreme Court of Cassation is the Italian final court of appeal, but, in spite of its official name, the dimension of its caseload and the high number of judgments it issues each year make it impossible to state that it is a true supreme court. On the one hand, the long-standing crisis of the Court reflects the difficulties Italian civil justice has been experiencing in recent decades; on the other hand, at the root of the problems affecting the Court is the rule engraved in the Italian Constitution that grants an unconditional right to appeal to the Court of Cassation. Short of a reform of this constitutional provision (which is unique to the Italian legal system), all attempts at curbing the Court’s caseload so as to restore it to its original role as a supreme court are doomed to failure.
The scholars of civil procedure generally share the view that civil justice does undergo changes,... more The scholars of civil procedure generally share the view that civil justice does undergo changes, but that, generally, it is a stable and indispensable branch of the state authority. Referring to the well-established human right to a fair trial for any disputes concerning civil rights and obligations, many think that the residual court monopoly on dispute resolution cannot be put in jeopardy. Indeed, public criticism of civil justice is every now and then lively voiced, but isn't that something that also shows the cyclic nature of history, as from Shakespeare's times there were those who wanted to "kill all lawyers" due to the "law's delay"?
The landscape of civil justice has changed rapidly in very short time. The Coronavirus (Covid-19)... more The landscape of civil justice has changed rapidly in very short time. The Coronavirus (Covid-19) pandemic has an impact on civil cases on a global scale that could be characterised as unprecedented. Numerous countries across the globe are facing the question how to enable courts to cope with civil cases in these strange times. Do courts proceed as usual? If not, which cases are dealt with, and how? And perhaps: will the current situation teach us something for the post-pandemic period (which we are all hoping for)?Coherent privaatrech
Transformation of Civil Justice, 2018
One common imagining of class actions is associated with a few popular novels and films in which ... more One common imagining of class actions is associated with a few popular novels and films in which aggressive and unscrupulous lawyers sue giant corporations with a view to extorting financial settlements that will be highly profitable for the lawyers themselves but rarely for the members of the class action, the individual men and women who actually suffered injury. This is the dark side of class actions, one which is widely known by the public. But there is also a bright side, even though less glamorous and hardly appreciated, at least outside the United States: it is the experience of human rights class actions, namely the experience of class actions used as a form of civil redress available to the victims of mass violation of fundamental human rights. This contribution focuses on a number of particular aspects of human rights class actions, expounding on the controversial concept of universal civil jurisdiction.
Class Actions in Europe, 2021
On April 12, 2019, the Italian Parliament passed a statute providing for a new regulation of coll... more On April 12, 2019, the Italian Parliament passed a statute providing for a new regulation of collective redress. For the first time in the relatively short life of Italian group actions, both actions for compensatory relief (i.e. damages or restitution) and actions for injunctive relief are governed together and moved from the Consumer Code to the Code of Civil Procedure. This reflects a new vision of collective redress, namely a wider scope of application: no more references to consumers and users, but standing granted generically to bearers of ‘homogenous individual rights’, whether or not they are consumers or users. Furthermore, the new perimeter of class actions encompasses any claims arising out of both contract liability and tort liability, which signals another significant change aimed at designing class actions as general remedies. Yet, nothing has changed as far as the procedure by which class members can join the action is concerned: the opt-in option has been preserved e...
This short essay was prepared as the Italian Report to the 2017 Conference of the International A... more This short essay was prepared as the Italian Report to the 2017 Conference of the International Association of Procedural Law (IAPL 2017 China) 'On Judicial Management from Comparative Perspective' (8 - 10 November, 2017, Tianjin), General (Foreign) Reporter: John Sorabji, University College London, England.
BACKGROUND: The aim of this study was to compare the predictive accuracy of acute kidney injury (... more BACKGROUND: The aim of this study was to compare the predictive accuracy of acute kidney injury (AKI) after cardiac surgery using cardiopulmonary bypass for the largest area under the curve (AUC) below the oxygen delivery (DO 2) threshold and the cumulative AUC below the DO 2 threshold. METHODS AND RESULTS: From March 2017 to October 2019, 202 patients who had undergone cardiac surgery with cardiopulmonary bypass were enrolled. The perfusion parameters were recorded every 20 seconds, and the DO 2 (10×pump flow index [L/min per m 2 ]×[hemoglobin (g/dL)×1.36×arterial oxygen saturation (%)+partial pressure of arterial oxygen (mm Hg)×0.003]) threshold of 300 mL/min per m 2 was considered to define sufficient DO 2. The nadir DO 2 , the cumulative AUC below the DO 300 2 , and the largest AUC below the DO 300 2 were used to predict the incidence of AKI. Postoperative AKI was observed in 12.4% of patients (25/202). By multivariable analysis, the largest AUC below the DO 300 2 ≥880 (odds ratio [OR], 4.9; 95% CI, 1.2-21.5 [P=0.022]), preoperative hemoglobin concentration ≤11.6 g/dL (OR, 7.6; 95% CI, 2.0-32.3 [P=0.004]), and red blood cell transfusions during cardiopulmonary bypass ≥2 U (OR, 3.3; 95% CI, 1.0-11.1 [P=0.041]) were detected as independent risk factors for AKI. Receiver operating curve analysis revealed that the largest AUC below the DO 300 2 was more accurate to predict postoperative AKI compared with the nadir DO 2 and the cumulative AUC below the DO 300 2 (differences between areas, 0.0691 [P=0.006] and 0.0395 [P=0.001]). CONCLUSIONS: These data suggest that a high AUC below the DO 300 2 is an important independent risk factor for AKI after cardiopulmonary bypass, which could be considered for risk prediction models of AKI.
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Papers by Elisabetta Silvestri