The European Union and National Civil Procedure

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.
Editor(s):
Anna Nylund, H.B. Krans
Series:
Ius Commune Europaeum
Volume:
150
book | published | 1st edition
July 2016 | xii + 176 pp.

Paperback

€55.-

ISBN 9781780683805


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ISBN 9781780685519

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Details

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

Table of Contents

Contents (p. 0)

The European Union and National Civil Procedure - A Rocky Road or a Smooth Process? (p. 1)

Anna Nylund, H.B. Krans

Some European Challenges for Belgian Civil Procedure (p. 5)

Piet Taelman

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)

Neil H. Andrews

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)

Viktoria Harsagi

The Impact of EU Law on Dutch Civil Procedure Law (p. 89)

H.B. Krans

Norway: An Insider Outside - or an Outsider Inside - European Civil Justice (p. 101)

Anna Nylund

Polish Civil Proceedings: How Much Europeanised? (p. 115)

Slovenian Civil Procedure and the Transformative Power of the EU (p. 130)

Ales Galic

The Curious Incident of the Dog in the Night-Time: Europeanisation of Civil Procedure in Sweden (p. 147)

Conclusions and Outlook (p. 161)

H.B. Krans, Anna Nylund

Index (p. 171)

Open access content

Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.


Contents (p. 0)
Index (p. 171)

About the series:

Ius Commune Europaeum

Subscribe to the series and receive a 15% discount on each volume.

The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


More about this series