Product details
- Categories: Procedures
- Publisher: Intersentia Uitgevers
- ISBN: 9781780689067
- Publication Date: 30/01/2020
- Binding: Paperback
- Number of pages: 248
- Language: English
Summary
This book investigates the concept of procedural autonomy of Member
States in the light of EU law. Does procedural autonomy still adequately
describe the powers of national lawmakers and courts to design their
civil procedural systems or is it misleading? For the last few decades,
Europe has been in a period of increasing Europeanisation of civil
procedure. Increased powers of the EU have resulted in hard law, case
law and soft law that regulate many types of domestic and cross-border
civil cases. These rules have both direct and indirect implications for
national procedural law.
Gaining insights from selected European
jurisdictions (Belgium, England and Wales, Finland, Germany, The
Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book
explores the concept of procedural autonomy from different angles: Is
procedural autonomy an adequate term? How is procedural autonomy
understood nationally, and is there variation among the Member States?
Do some types of EU law or specific characteristics of EU civil
procedural law restrain procedural autonomy more than other? How can
these differences be explained and is it possible to identify the
sources causing such discrepancies?
Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.