Civil Procedure and EU Law: A Policy Area Uncovered

Hardcover | March 27, 2008

byEva Storskrubb

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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.

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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, alternativ...

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

other books by Eva Storskrubb

Format:HardcoverDimensions:350 pages, 9.21 × 6.14 × 1.42 inPublished:March 27, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199533172

ISBN - 13:9780199533176

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Table of Contents

1. IntroductionI. Setting the Scene - Background Developments2. Introduction3. The Doctrine of the ECJ - National Procedural Autonomy v Harmonization4. Substantive Regulation - Ad hoc Creation of European Procedural Rules5. Rome, Maastricht, Amsterdam and Nice - The Evolution of a Legal Basis6. The Broader Context7. ConclusionII. Current Regulation and Initiatives - Judicial Cooperation in Civil Matters8. Political Impetus9. Institutional and Structural Characteristics10. Categories of Measures11. Transnational Litigation12. Further Measures13. General StructuresIII. The Legitimacy of a Policy Area and Rethinking the Procedural Landscape14. Brave New World15. The Inside Perspective - "How" and "Why" Regulate?16. Looking Outward - Interaction with Procedural and International Development17. The Way Forward18. Conclusion