EU Civil Justice: Current Issues and Future Outlook

Author: Burkhard Hess; Mariaand Bergstrom; Eva Storskrubb
Publisher: Hart Publishing
ISBN: 9781849466820
Published In: January 2016
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast evolving field of EU civil justice.

Civil justice has an impact on matters involving inter alia family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field.

Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress.

In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the area of freedom, security and justice.

1. The State of the Civil Justice Union Burkhard Hess

Part I: Avoiding 'Torpedoes' and Forum Shopping

2. Lis Pendens and Jurisdiction Clauses: Open Issues Gilles Cuniberti

Part II: Alternative Dispute Resolution

3. ADR/ODR: Too Much Optimism in the Promotion of Cross-Border Trade? Jim Davies

4. Top-Level Domains and ADR: What Protection of Consumer Interests Under ICANN's New gTLD Program? Cristina M Mariottini

Part III: Simplified Procedures and Debt Collection: Much Ado About Nothing?

5. 'Trusted with a Muzzle and Enfranchised with a Clog': The British Approach to European Civil Procedure Carla Crifo

6. European Procedures on Debt Collection: Nothing or Noting? Experiences and Future Prospects Xandra E Kramer

7. The Small Claims Regulation: On the Way to an Improved European Procedure? Cristian Oro Martinez

Part IV: Family Law

8. The Nordic Input on the EU's Cooperation in Family and Succession Law: Exporting Union Law Through 'Nordic Exceptions' Maarit Janter a -Jareborg

9. The European Certificate of Succession: Portrait of a New Instrument in European Private International Law Bjorn Laukemann Part V: Collective Redress

10. 'Opt-In is Out and Opt-Out is In' : Dimensions Based on Nordic Options and the Commission's Recommendation Laura Ervo

11. The Crux of the Matter: Funding and Financing Collective Redress Mechanisms Stefaan Voet

12. Legal Standing in Collective Redress Actions for Breach of EU Rights: Facilitating or Frustrating Common Standards and Access to Justice? Rebecca Money-Kyrle

Part VI: The Quest for Mutual Recognition

13. Abolition of Exequatur , All in the Name of Mutual Trust! Marie Linton

14. On the Abolition of Exequatur Marta Requejo Isidro

15. Mutual Recognition as a Governance Strategy for Civil Justice Eva Storskrubb

16. Mutual Recognition in Civil and Criminal Justice: Towards Order and Method? Maria Bergstrom