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Civil Procedure and Harmonisation of Law: The Dynamics of EU and International Treaties

Edited by: Anna Nylund, Magne Strandberg

ISBN13: 9781780686936
Published: February 2019
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £75.00



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A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.

With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?

Subjects:
Public International Law, EU Law
Contents:
Introduction
EU Civil Justice at the Harmonisation Crossroads?
The ELI-UNIDROIT Project: An Introduction and an English Perspective
Europeanisation of Civil Procedure: Overcoming Follow-Up Fragmentation through Bottom-Up Harmonisation?
Harmonisation or Fragmentation of National Law?: An East Nordic Perspective
An Examination of the Influence of European Union Law on English Civil Procedure
The EU's Influence on Norwegian Civil Procedure through National Substantive Law
Consumer Protection and EU-Driven Judicial Activism in the Netherlands
The Role of the Judge in Consumer Cases: A German Perspective
Ex Officio Application of the Unfair Terms Directive Cases Against Consumers: A Swedish Perspective
Ex Officio Application of EU Consumer Protection Law in Norwegian Courts
Maintenance and Multi-Level Harmonisation: A European Union Perspective
Family Maintenance and Multi-Speed Integration: A Norwegian Perspective
Conclusions on Civil Procedure and Harmonisation of Law