Expert evidence in civil law systems

Fernández-López, Mercedes ^[1]
1. [1] Universitat d'Alacant
  
  Universitat d'Alacant
  
  Alicante, España
Localización: Language as Evidence: Doing Forensic Linguistics / coord. por Victoria Guillén Nieto, Dieter Stein, 2022, ISBN 978-3-030-84329-8, págs. 85-104
Idioma: inglés
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Resumen
- Expert evidence has an indisputable role in all types of legal proceedings. Its regulation in the field of civil law is governed by some common parameters. However, there are also important differences that make it difficult to articulate a common European framework that allows the integration of the different legal experiences and overcomes the difficulties that block the European mobility of experts and recognise expert opinions with origin in other countries. This chapter aims to show the common elements that characterise expert evidence in civil law and, at the same time, to highlight the regulatory differences that need to be overcome in order to achieve a true harmonisation that will contribute to European procedural unification, especially concerning who has the initiative to propose taking expert evidence, how experts are selected, how evidence is submitted and, finally, the probative value of expert opinions and their influence on judicial decisions.