Quality of justice and competition between national judicial systems. Approche comparée en Europe

The vast and complex phenomenon of the privatization of law does not only affect the regulation of relations in the business world or is limited to the material content of the rules. The very institutional functions of the state, such as justice, have been affected by the impact of rules of private origin. Two points are analyzed, with reference to the French and Italian contexts. The first concerns the formulation at the international level and the subsequent reception in national legal systems of criteria or standards relating to the quality of justice. A second recent phenomenon, which is part of this movement of privatization of Justice, however concerns the Courts and, precisely, reflects the establishment, for fifteen years, of "international commercial courts" with procedural particularities compared to other national public jurisdictions, and the trend towards contractualization/privatization of the conduct of proceedings.