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Civil Procedure and EU Law Eva Storskrubb (Associate Lawyer, Dittmar & Indrenuis, Helsinki)

Civil Procedure and EU Law By Eva Storskrubb (Associate Lawyer, Dittmar & Indrenuis, Helsinki)

Civil Procedure and EU Law by Eva Storskrubb (Associate Lawyer, Dittmar & Indrenuis, Helsinki)


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Summary

This book examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The book analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights. The wider policy is then analysed in the context of key themes of European integration.

Civil Procedure and EU Law Summary

Civil Procedure and EU Law: A Policy Area Uncovered by Eva Storskrubb (Associate Lawyer, Dittmar & Indrenuis, Helsinki)

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 of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been enacted including the creation of 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 integration process: 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.

About Eva Storskrubb (Associate Lawyer, Dittmar & Indrenuis, Helsinki)

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

Table of Contents

1. Introduction ; I. SETTING THE SCENE - BACKGROUND DEVELOPMENTS ; 2. Introduction ; 3. The Doctrine of the ECJ - National Procedural Autonomy v Harmonization ; 4. Substantive Regulation - Ad hoc Creation of European Procedural Rules ; 5. Rome, Maastricht, Amsterdam and Nice - The Evolution of a Legal Basis ; 6. The Broader Context ; 7. Conclusion ; II. CURRENT REGULATION AND INITIATIVES - JUDICIAL COOPERATION IN CIVIL MATTERS ; 8. Political Impetus ; 9. Institutional and Structural Characteristics ; 10. Categories of Measures ; 11. Transnational Litigation ; 12. Further Measures ; 13. General Structures ; III. THE LEGITIMACY OF A POLICY AREA & RETHINKING THE PROCEDURAL LANDSCAPE ; 14. Brave New World ; 15. The Inside Perspective - "How" and "Why" Regulate? ; 16. Looking Outward - Interaction with Procedural and International Development ; 17. The Way Forward ; 18. Conclusion

Additional information

NPB9780199533176
9780199533176
0199533172
Civil Procedure and EU Law: A Policy Area Uncovered by Eva Storskrubb (Associate Lawyer, Dittmar & Indrenuis, Helsinki)
New
Hardback
Oxford University Press
2008-03-27
560
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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