Civil Procedure and EU Law A Policy Area Uncovered

Author: Eva Storskrubb
Publisher: Oxford University Press
ISBN: 9780199533176
Published In: March 2008
Format: Hardback , 556 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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Provides the first thorough analysis of the EU's growing activity in the regulation of civil procedure
Offers a detailed, practical examination of the specific legislative measures, analysing their impact on principles of civil procedure, including due process rights
Situates the policy in the broader contexts of EU intergration and the international codification of civil procedure

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.

Readership: Academics and advanced students in EU law, practising lawyers involved in civil and commercial dispute resolution, judges and civil servants working in European civil law

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