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Civil Procedure and Harmonisation of Law: The Dynamics of EU and International Treaties

Civil Procedure and Harmonisation of Law: The Dynamics of EU and International Treaties

Author: Anna Nylund; Magne Strandberg
Publisher: Intersentia Publishers
ISBN: 9781780686936
Published In: February 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$210.00

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Contents

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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?

Introduction

EU Civil Justice at the Harmonisation Crossroads?

The ELI-UNIDROIT Project: An Introduction and an English Perspective

Europeanisation of Civil Procedure: Overcoming Follow-Up Fragmentation through Bottom-Up Harmonisation?

Harmonisation or Fragmentation of National Law?: An East Nordic Perspective

An Examination of the Influence of European Union Law on English Civil Procedure

The EU's Influence on Norwegian Civil Procedure through National Substantive Law

Consumer Protection and EU-Driven Judicial Activism in the Netherlands

The Role of the Judge in Consumer Cases: A German Perspective

Ex Officio Application of the Unfair Terms Directive Cases Against Consumers: A Swedish Perspective

Ex Officio Application of EU Consumer Protection Law in Norwegian Courts

Maintenance and Multi-Level Harmonisation: A European Union Perspective