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9780199533176

Civil Procedure and EU Law A Policy Area Uncovered

by
  • ISBN13:

    9780199533176

  • ISBN10:

    0199533172

  • Format: Hardcover
  • Copyright: 2008-06-02
  • Publisher: Oxford University Press

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Supplemental Materials

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Summary

The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement ofjudgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been enacted including the creation a judicial network and judicial training structures.This book offers the first detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law and European law. The book situates the development of the policy area and its regulation in relation to broader themes of the European integrationprocess: market building, citizenship, fundamental rights, subsidiarity and governance. It provides a detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed,including the introduction of the principle of mutual recognition. The book concludes with a comparative analysis of the EU's approach with broader international efforts for procedural harmonization.

Author Biography


Eva Storskrubb is an Associate Lawyer at Dittmar & Indrenuis, Helsinki

Table of Contents

Introduction
Setting the Scene - Background Developments
Introduction
The Doctrine of the ECJ - National Procedural Autonomy v Harmonization
Substantive Regulation - Ad hoc Creation of European Procedural Rules
Rome, Maastricht, Amsterdam and Nice - The Evolution of a Legal Basis
The Broader Context
Conclusion
Current Regulation and Initiatives - Judicial Cooperation in Civil Matters
Political Impetus
Institutional and Structural Characteristics
Categories of Measures
Transnational Litigation
Further Measures
General Structures
The Legitimacy of a Policy Area and Rethinking the Procedural Landscape
Brave New World
The Inside Perspective - "How" and "Why" Regulate?
Looking Outward - Interaction with Procedural and International Development
The Way Forward
Conclusion
Table of Contents provided by Publisher. All Rights Reserved.

Supplemental Materials

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