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?
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
EU civil justice at the harmonisation crossroads? / Eva Storskrubb The ELI-UNIDROIT project: an introduction and an English perspective / John Sorabji Europeanisation of civil procedure: overcoming follow-up fragmentation through bottom-up harmonisation? / Wolfgang Hau Harmonisation or fragmentation of national law? An East Nordic perspective / Laura Ervo An examination of the influence of European Union law on English civil procedure / John Sorabji The EU's influence on Norwegian civil procedure through national substantive law / Maria Astrup Hjort Consumer protection and EU-driven judicial activism in the Netherlands / Alain Ancery and Bart Krans The role of the judge in consumer cases - a German perspective / Ivo Bach Ex Officio application of the unfair terms directive cases against consumers: a Swedish perspective / Torbjörn Andersson Ex Officio application of EU consumer protection law in Norwegian courts / Halvard Haukeland Fredriksen and Magne Strandberg / Maintenance and multi-level harmonisation: a European Union perspective / Voler Lipp Family maintenance and multi-speed integration: a Norwegian perspective / Anna Nylund Conclusions on civil procedure and harmonisation of law / Anna Nylund and Magne Strandberg
KJE3802 .C58 2019
Cambridge, United Kingdom : Intersentia,