Abstract
Following the recent public debate concerning the situation of the Judicial system in Spain, the paper analyses the special position of the State in Court, essentially with reference to suits brought by individuals against the State before Spanish first instance Courts, although international Courts are touched as well. The analysis focuses on the incentives to litigate and to settle in a dispute with the State, focusing on the State's special procedural rules and the fee-shifting rules applied in the Spanish Justice system. The asymmetries in favor of the State reduce the incentives to litigate against the State, but also reduce the settlement range in order to achieve out-of-Court settlements.
| Original language | English |
|---|---|
| Pages (from-to) | 183-203 |
| Number of pages | 21 |
| Journal | Portuguese Economic Journal |
| Volume | 8 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - 2009 |
| Externally published | Yes |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- "Each-pays-his-own"
- "Loser-pays-all"
- Fee-shifting rules
- Legal fees
- Litigation
- Procedural privileges
- Settlement
- State as defendant
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