The European Union and National Civil ProcedurePaperback Engels 2016 9781780683805
A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure.
Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law, for example ex officio application of EU law, enforcement, insolvency proceedings, evidence, etc. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States.
In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. Which doctrines, which pieces of legislation or features in legislation pose problems for national civil procedure? Are some legal systems or topics more prone to integrate European rules, and are others more resistant to changes? This book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States.
'This publication is extremely interesting since it shows that the law of the European Union has an impact on national procedural law. Cross-fertilisation is indeed a very important tool.' - Marcel Storme, Honorary President of the International Association of Procedural Law
Geef uw waardering
-Some European Challenges for Belgian Civil Procedure (p. 5)
-Danish Civil Procedure and the Internal Market: Impact and Challenges of Sectoral Harmonisation (p. 17)
-European Influences upon English Civil Justice: Tempests or Gentle Breezes? (p. 31)
-European Union and National Civil Procedure: The French Paradox (p. 47)
-The European Union and Civil Procedure from a German Perspective (p. 59)
-Interaction between European Law and Hungarian Civil Procedure Law (p. 73)
-The Impact of EU Law on Dutch Civil Procedure Law (p. 89)
-Norway: An Insider Outside - or an Outsider Inside - European Civil Justice (p. 101)
-Polish Civil Proceedings: How Much Europeanised? (p. 115)
-Slovenian Civil Procedure and the Transformative Power of the EU (p. 130)
-The Curious Incident of the Dog in the Night-Time: Europeanisation of Civil Procedure in Sweden (p. 147)
Conclusions and Outlook (p. 161)
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