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Civil Procedure and EU Law - A Policy Area Uncovered (Hardcover, New)
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Civil Procedure and EU Law - A Policy Area Uncovered (Hardcover, New)
Series: Oxford Studies in European Law
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The regulation of cross border civil and commercial litigation is a
burgeoning EU policy area. Legislative measures and other
initiatives now provide a framework for the regulation of
cross-border service of documents, obtaining evidence, establishing
jurisdiction and enforcement of judgments, enforcement orders,
legal aid, alternative dispute resolution, payment orders, and
small claims. In addition, overarching measures have been enacted
including the creation a judicial network and judicial training
structures.
This book offers the first detailed analysis of the EU's activity
in procedural harmonization, spanning civil procedure, private
international law and European law. The book situates the
development of the policy area and its regulation in relation to
broader themes of the European integration process: market
building, citizenship, fundamental rights, subsidiarity and
governance. It provides a detailed analysis of the legislative
measures and assesses their impact on fundamental principles of
civil justice, including due process rights. The case-law in the
area is also analyzed, including the introduction of the principle
of mutual recognition. The book concludes with a comparative
analysis of the EU's approach with broader international efforts
for procedural harmonization.
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