European Union Law

Civil Justice System Competition in the European Union: The Great Race of Courts

By Erlis Themeli
Eleven International Publishing August 2018

Specifications

ISBN-13
9789462368378
Publisher
Eleven International Publishing
Publication
August 2018
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

For some years now, certain EU Member States have been promoting their national courts as the best places to litigate cross-border commercial disputes. This has led to a competition between jurisdictions, which recently has been re-energised by the upcoming withdrawal of the United Kingdom from the EU. This civil justice competition affects, among other things, governments' policies, court organisation, and cross-border litigation strategies. Building on an interdisciplinary methodology, this book offers an in-depth theoretical and empirical research analysing the competition currently taking place between civil justice systems. It focuses in particular on the motivations and attitudes of governments and litigants, and presents the findings of a survey conducted with lawyers from the largest law firms in Europe. Contributing to the current debates in a novel way, this research will be a go-to-point for academics, policymakers and practitioners across the EU.

Table of Contents

Chapter 1 Introduction
Chapter 2 Competition, regulatory competition, and choice-making
Chapter 3 Freedom of choice, harmonisation, and the competition of jurisdictions in the EU
Chapter 4 Civil justice systems competition in the EU
Chapter 5 An empirical overview of the civil justice system competition in the EU
Chapter 6 Conclusions
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