El mercado emergente sobre la financiación privada de litigios responsable en la Unión Europea: un cauce para facilitar el acceso a la justicia a los ciudadanos y las empresas privadas

Abstract

The litigation funding market remains largely unregulated at EU level. A harmonisation of its governing rules in all Member States will therefore favour a less fragmented system in this sector where EU citizens and businesses have the same ability to obtain funding for their claims both in court and in arbitration. The regulatory initiative launched by the European Parliament Resolution of 13 September 2022 with recommendations to the Commission on responsible private litigation funding and the accompanying Proposal for a Directive of the European Parliament and of the Council is of enormous importance. If successful, they will make it possible to reduce the particularism for access to the same level of justice within the EU, greatly simplifying cross–border litigation and avoiding distortions and additional costs. The question is to find a balanced approach between the need to improve access to justice and the need to avoid high risks and costs for business and significant potential for conflicts of interest. If, after the long legislative process that lies ahead, an appropriate regulation is reached, its results can be properly used as a tool to support access to justice for citizens and private companies, especially in countries where legal costs are very high.