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faculty of law legal methods
Three trends1. More academic research on evictions2. International law pushes towards more
protection against eviction3. Open data> a enormous amount of similar
case law
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faculty of law legal methods
1. Research on evictions3
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faculty of law legal methods
Literature review
Systematic review of eviction research discovered several common treads: › e.g. health consequences, availability /
effectiveness of legal protection against eviction
Hopefully published in 2019.
Andrew Zuidema will tell you more about this in a minute.
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faculty of law legal methods
2. Push towards more protection from eviction› EU law (Unfair Terms in Consumer Contracts
Directive & Aziz case)› European human rights law (Article 8 ECHR)› International Covenant on Economic, Social
and Cultural Rights (Article 11 ICESCR & Ben Djazia & Bellili v Spain 2017)
› Convention on the Rights of the Child (Article 3 CRC & General Comments 14 and 21)
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faculty of law legal methods
Impact Article 3 CRC“1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”
› Strict rules laid down in General Comment 14: Courts need to motivate the decision in detail
and on a case by case basis
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faculty of law legal methods
Number of judgements in Netherlands7
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faculty of law legal methods
Do Dutch courts comply with the requirements stemming from CRC?› In 80-90% the tenant does not show up
As a rule, court allows claim if 3 months arrears No knowledge> no questions asked about children
› In case the tenant show up, the tenant does sometimes rely on Article 3 CRC, and courts usually take this into account
› Still, most of the times courts allow claim because “it is the responsibility of parents” (only a few words)
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faculty of law legal methods
Number of judgements in Netherlands9
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faculty of law legal methods
3. Open data and case law› Open Judicial Data E.g. hudoc & https://eurocases.eu/ National datasets (Markovic & Gostojic 2018):
e.g. www.rechtspraak.nl
› Methodological challenges and opportunities Traditional case by case reading is impossible Ignoring some of the cases is the solution? Case law as big data> machine learning
techniques can be useful
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faculty of law legal methods
Some first ideas of new techniques
› Collecting data: web scraping case law› Gathering quantitative data:
Relatively simple data: e.g. names, gender, type of case, references to legislation, case law.
Argument mining: finding the legal arguments / reasoning in the case law
› Network analysis and clustering› Revealing unknown patterns› Prediction of outcomes› Comparing national datasets
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faculty of law legal methods
Network analysis
International case law
UK Supreme Court
Local case law
NL Supreme Court
Local case law
Spain Supreme Court
Local case law
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faculty of law legal methods
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faculty of law legal methods
Example: impact proportionality
B S.E. Wald df Sig. Exp(B)Step 1a Tenant: no serious
breach,548 ,273 4,045 1 ,044 1,730
Tenant: homelessness -,250 ,294 ,724 1 ,395 ,779Tenant: health issues ,276 ,343 ,649 1 ,420 1,318Tenant: child ,287 ,340 ,712 1 ,399 1,332Tenant: duration of stay 1,113 ,437 6,484 1 ,011 3,045Use of denial defence ,321 ,249 1,663 1 ,197 1,379Legal representation tenant
1,062 ,387 7,510 1 ,006 2,891
Rent arrears cases -,551 ,373 2,184 1 ,139 ,576Nuisance case -,979 ,412 5,649 1 ,017 ,376Drug crime case -1,410 ,487 8,402 1 ,004 ,244Length of the breach in months
-,016 ,007 5,691 1 ,017 ,984
Constant -,740 ,536 1,912 1 ,167 ,477
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faculty of law legal methods
Main objective / questions of project
Collecting, analyzing and visualizing legal big data withquantitative (machine learning) techniques todetermine the effectiveness of European and otherinternational law in protecting vulnerable people in thehousing law context.
Are international law requirements implemented / applied in national (case) law?
Why (not)? Do they actually help the vulnerable people?
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faculty of law legal methods
Challenge I: theoretical lens› Horizontal effects of human rights› Europeanisation and/or constitutionalisation of
(private) law› Resistance to international law› Judicial decision making› Access to justice theory› Formalistic vs substantive approach of law (C.
Schmid).› Property theory (progressive property?)
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faculty of law legal methods
Challenge II: focus & data Need to focus on 2-4 countries
Looking for:
› A large (online) database of case law› Country that faces a considerable amount of
evictions (Michelle: dit zegt ook iets over protection!)
› Language that researcher(s) understand› Spain? Sweden? Netherlands? Germany?
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