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Digital Communication in EU Civil Procedure: With an Emphasis on the Electronic Service of Documents and Taking of Evidence

Coming Soon Digital Communication in EU Civil Procedure: With an Emphasis on the Electronic Service of Documents and Taking of Evidence

Digital Communication in EU Civil Procedure: With an Emphasis on the Electronic Service of Documents and Taking of Evidence

Author: Vesna Rijavec; Wendy Kennett; Denis Baghrizabehi; Tjasa Ivanc; Tomaz Kerestes
Publisher: Springer-Verlag
ISBN: 9783032252746
Published In: June 2026
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

S$319.04

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Description
Contents

Details

This book examines how various methods of digital communication have entered the domain of EU Civil Procedure, with a primary focus on the service of documents, electronic submissions, the taking of evidence, and videoconferencing. It offers a comprehensive overview of legal issues surrounding the use of digital technology in the aforementioned areas and draws insight from the national legal doctrines of 15 EU Member States and select candidate countries.

On the one hand, the research employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. On the other hand, the book addresses open issues at the EU (supranational) level. The research is rooted in the observation that a paradigm shift from traditional to digital means of communication between courts and other judicial partakers is currently taking place. This shift is manifested through a variety of technologies and affects a wide legal landscape. The EU is heralding the incorporation of these developments in its latest legislation on cross-border disputes.

The research deals with analyzing both existing (digital and traditional) and prospective means of communication in national and cross-border disputes. The book identifies problems in the national and EU legal frameworks and provide potential solutions for tackling these problems in the current or assess prospects for future developments.

Part I Initial Remarks

Digital Communication in EU Civil Procedure: A General Overview

Part II Service of documents

Right to be Heard starts with Proper Service of Documents

Different Types of Service Methods in EU Member States

Service of the Document Instituting Proceedings Under Regulation 2020/1784 in the Light of the European Rules of Civil Procedure

But When Is an Address Considered Unknown? Service of Judicial Documents When the Registered and Actual Addresses of Individuals Do Not Match

Legal Remedies Relating to the EU Service Regulation

National Legislative Perspectives for Efficient Service of Documents in Judicial Proceedings

Part III Taking of Evidence

Free assessment of Evidence in the Digital Era: Authenticity of Evidence and Typology of risks

Categorisation of electronic evidence among the means of proof in civil procedure

The admissibility of illegally obtained electronic evidence in national and cross-border proceedings

Stairway to Heaven - Direct Requests for Disclosure of Data from Social Network Clouds in Criminal and Civil Matters

Part IV Videoconferencing

Videoconference in Civil Proceedings: (When) Should it be Conducted?

Videoconference in Civil Proceedings: (How) Should it be Conducted?

Videoconference in Civil Proceedings: Assessment of Psychological Aspects

Part V Electronic Form and Submissions

Legal Framework for e-Form in Civil Matters: E-Identification and e-Signature/e-Seal

Electronic Submissions in Enforcement Proceedings

Part VI Other considerations

State-of-the-art of Portuguese Courts digitalisation and an overview of practitioners' understanding of courts digitalisation in EU jurisdictions

Civil and Commercial Matters in EU Private International Law: One notion to bind them all?

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