Legal Procedure
Group Coordinator
UPT
lvm@upt.pt
Ongoing Projects
MEDLAW
This project aims to analyse the statistical evolution of the application of mediation in the 10 years of validity of Law No. 29/2013, as well as to collect dogmatic contributions on the future challenges of mediation. It also aims to understand the social impact of the application of mediation in the resolution of legal conflicts and the evolution of the legal-professional status of the mediator of conflicts.
Voluntary Jurisdiction proceedings (VOLUNTARYJURISDICTION) Annotation to Articles 986 to 1081 of the Civil Procedure Code
The research project aims to carry out a study of voluntary jurisdiction proceedings, regulated in Title XV of Book V of the Code of Civil Procedure (Articles 986 to 1081). The aim is to delve into the procedural bases of voluntary jurisdiction in general, contrasting it with contentious jurisdiction, and, in particular, of the proceedings to which the adjective law expressly attributes such nature.
ARBITRATION AND ACCESS TO THE LAW (ARBLAW) Study of current issues on arbitration in public and private dispute resolution
This project aims to promote discussion on current issues in the field of access to justice and voluntary arbitration, national and international, in its various aspects: commercial, consumer, intellectual property, sports, administrative and tax. It will also study issues related to the enforcement of arbitration awards and the enforceability of foreign arbitration awards and the possibility of referral to the Court of Justice of the European Union, as well as the possibility of referral to the Court of Justice of the European Union. In addition, it will consider, in the development of the project, innovative issues resulting from the application of new technologies and artificial intelligence to arbitration justice, such as the creation and implementation of arbitration tribunals supported by blockchain technology.
Finished Projects
TRANS&EU_CIVPROC
EN4S
The research will focus on the study of enforcement titles in cross-border enforcement within the EU. The research will contribute to a better understanding of differences in structure, content and effects of judgements in individual Member States. Furthermore, the impact of these differences on cross-border enforcement will be examined. Research will further focus on the differentiation of dogmatic and empirical concepts of different enforcement titles in the framework of recognition and enforcement. In addition, project team will analyse the importance of terminological barriers that occur during the course of cross-border enforcement. Likewise, an important part of the research will be the analysis of possibilities for overcoming obstacles to cross-border enforcement resulting from a technological progress.
EIO-LAPD
Judicial cooperation in criminal matters is universally considered to be of paramount importance for the smooth functioning of the European area of freedom, security and justice without internal frontiers. In the European Union, this goal was inter alia pursued by adopting normative acts resting upon the principle of mutual recognition. The crucial instrument which applied this principle to the gathering and transfer of evidence in criminal cases is Directive 2014/41/EU regarding the European Investigation Order in criminal matters. There is however a plethora of theoretical and practical questions which aroused with the adoption of the new directive. This is why seven higher education and research institutions teamed up to cooperate in a project called European Investigation Order – Legal Analysis and Practical Dilemmas of International Cooperation – EIO-LAPD.