Product details
- Categories: March 2019, Civil Law
- Publisher: Intersentia Uitgevers
- ISBN: 9781780686936
- Publication Date: 27/02/2019
- Binding: Paperback
- Number of pages: 244
- Language: English
Summary
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?