Dan Stausholm Nielsen
Det Juridiske Fakultet, Københavns Universitet
The PhD-project analyses the role of Danish courts in safeguarding substantive public policy (e.g. regarding unlawful gambling or usury) in civil litigation. Part hereof is analyzing the extent to which courts for such purposes has authority to deviate from the principle that the parties to the dispute – and not the judge – has the mandate and responsibility of collecting and presenting the evidence, claims and allegations of the case (in Danish, "Forhandlingsprincippet"). In addition, the project will perform comparative studies of different jurisdictions to analyze different models for defining state courts’ authority to safeguard substantive public policy in civil litigation.