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A book series devoted to the common foundations of the European
legal systems. The Ius Commune Europaeum series includes
comparative legal studies as well as studies on the effect of
treaties within national legal systems. All areas of the law are
covered. The books are published in various European languages
under the auspices of METRO, the Institute for Transnational Legal
Research at Maastricht University. This book discusses the impact
of EU law on selected national legal systems. The authors analyse
how the civil procedure system of their country has reacted to
increasing Europeanisation and influence of EU law. They identify
significant changes and disseminate the reasons for particular
developments and the further implications of EU law on the civil
procedure.Europe is in a period of increasing Europeanisation of
civil procedure. Procedural elements of EU law are based on
decentralised enforcement, leaving enforcement and procedural
issues to the Member States. Consequently, there is vast amount of
EU case law that is relevant for national procedural law. The
supremacy of EU law and, inter alia, the requirements of
effectiveness and equivalence may be relevant for several topics of
national civil procedural law, for example ex officio application
of EU law, enforcement, insolvency proceedings, evidence, etc. Both
EU legislation and doctrinal changes in EU case law touch upon
various topics of the procedural law of the Member States. In a
concluding chapter, a more comprehensive comparison between the
countries represented in the book is made. Which doctrines, which
pieces of legislation or features in legislation pose problems for
national civil procedure? Are some legal systems or topics more
prone to integrate European rules, and are others more resistant to
changes? This book displays the Europeanisation of national civil
procedure law and helps to understand this development from the
perspective of Member States.
Based on the wish to reopen an international comparative discussion
on fundamental notions of civil procedure, this book offers a
number of insights into procedural human rights from different
jurisdictions and different points of view.
Access to European Union not only provides a comprehensive overview
of European integration but also offers a fresh insight with each
revised edition. Thanks to its clear and systematic approach, this
book guides the reader through the maze of European Union policies.
It throws light upon the European institutions, their raison
d'etre, their objectives and their experience, and explains EU
measures, legal provisions and economic programmes. The book
contains over 3000 references to the Official Journal of the
European Communities and more than 500 bibliographic references,
selected by topic so as to help the reader deepen the study of the
subjects of his or her interest.
Not so long ago, class actions were considered to be a textbook
example of American exceptionalism; many of their main features
were assumed to be incompatible with the culture of the civil law
world. However, the tide is changing; while there are now trends in
the USA toward limiting or excluding class actions, notorious cases
like Dieselgate are moving more and more European jurisdictions to
extend the reach of their judicial collective redress mechanisms.
For many new fans of class actions, collective redress has become a
Holy Grail of sorts, a miraculous tool that will rejuvenate
national systems of civil justice and grant them unprecedented
power. Still, while the introduction of various forms of
representative action has virtually become a fashion, it is
anything but certain that attempting to transplant American-style
class action will be successful. European judicial structures and
legal culture(s) are fundamentally different, which poses a
considerable challenge. This book investigates whether class
actions in Europe are indeed a Holy Grail or just another wrong
turn in the continuing pursuit of just and effective means of
protecting the rights of citizens and businesses. It presents both
positive and critical perspectives, supplemented by case studies on
the latest collectivization trends in Europe's national civil
justice systems. The book also shares the experiences of some
non-European jurisdictions that have developed promising hybrid
forms of collective redress, such as Canada, Brazil, China, and
South Africa. In closing, a selection of topical international
cases that raise interesting issues regarding the effectiveness of
class actions in an international context are studied and
discussed.
The present book is unique in its kind. It brings together views
and ideas regarding dispute resolution in modern societies from
some old, some new and some future Member States of the European
Union. The authors of this book address the delivery of justice by
the state courts and alternative dispute resolution from different
perspectives. The underlying assumption of the book is that both
types of dispute resolution mechanisms public justice and private
justice collaborate and contribute to the same goal, i.e. the
establishment of a fair and effective justice system. The main
focus of this book is on the presentation of current developments
in the national justice systems of various European countries and
their comparison and evaluation. Particular emphasis is put on
legal, political and economic processes in the transition and
post-transition countries. The underlying idea is to analyze not
only the norms, laws and regulations, but also the role and the
actual functioning of the law and its institutions. The texts in
this book approach dispute resolution in an interdisciplinary
manner. They analyze the role and functioning of the law and its
institutions as mechanisms for the regulation of social conflicts
in present-day Europe. In understanding the contemporary problems,
this book also offers a historic perspective on the development of
dispute resolution, as well as a legal and sociological analysis of
contemporary issues in the administration of justice. Examples of
topics that are addressed are the effectiveness of the justice
system, the challenges of justice reform, the right to a trial
within reasonable time, appropriate legal aid facilities, and the
effects of mediation rules and practices. The contributors of this
book include academics and legal professionals (judges, mediators,
experts involved in justice reform projects and other lawyers) from
a number of countries, each bringing his or her own particular
expertise and experience.
Not so long ago, class actions were considered to be a textbook
example of American exceptionalism; many of their main features
were assumed to be incompatible with the culture of the civil law
world. However, the tide is changing; while there are now trends in
the USA toward limiting or excluding class actions, notorious cases
like Dieselgate are moving more and more European jurisdictions to
extend the reach of their judicial collective redress mechanisms.
For many new fans of class actions, collective redress has become a
Holy Grail of sorts, a miraculous tool that will rejuvenate
national systems of civil justice and grant them unprecedented
power. Still, while the introduction of various forms of
representative action has virtually become a fashion, it is
anything but certain that attempting to transplant American-style
class action will be successful. European judicial structures and
legal culture(s) are fundamentally different, which poses a
considerable challenge. This book investigates whether class
actions in Europe are indeed a Holy Grail or just another wrong
turn in the continuing pursuit of just and effective means of
protecting the rights of citizens and businesses. It presents both
positive and critical perspectives, supplemented by case studies on
the latest collectivization trends in Europe's national civil
justice systems. The book also shares the experiences of some
non-European jurisdictions that have developed promising hybrid
forms of collective redress, such as Canada, Brazil, China, and
South Africa. In closing, a selection of topical international
cases that raise interesting issues regarding the effectiveness of
class actions in an international context are studied and
discussed.
This book is a collection of papers that address a fundamental
question: What is the role of civil justice and civil procedure in
the various national traditions in the contemporary world? The book
presents striking differences among a range of countries and legal
traditions, but also points to common trends and open issues. It
brings together prominent experts, professionals and scholars from
both civil and common law jurisdictions. It represents all main
legal traditions ranging from Europe (Germanic and Romanic
countries, Scandinavia, ex-Socialist countries) and Russia to the
Americas (North and South) and China (Mainland and Hong Kong).
While addressing the main issue – the goals of civil justice –
the book discusses the most topical concerns regarding the
functioning and efficiency of national systems of civil justice.
These include concerns such as finding the appropriate balance
between accurate fact-finding and the right to a fair trial within
a reasonable time, the processing of hard cases and the function of
civil justice as a specific public service. In the mosaic of
contrasts and oppositions special place is devoted to the
continuing battle between the individualistic/liberal approach and
the collectivist/paternalistic approach – the battle in which,
seemingly, paternalistic tendencies regain momentum in a number of
contemporary justice systems.
This book is a collection of papers that address a fundamental
question: What is the role of civil justice and civil procedure in
the various national traditions in the contemporary world? The book
presents striking differences among a range of countries and legal
traditions, but also points to common trends and open issues. It
brings together prominent experts, professionals and scholars from
both civil and common law jurisdictions. It represents all main
legal traditions ranging from Europe (Germanic and Romanic
countries, Scandinavia, ex-Socialist countries) and Russia to the
Americas (North and South) and China (Mainland and Hong Kong).
While addressing the main issue the goals of civil justice the book
discusses the most topical concerns regarding the functioning and
efficiency of national systems of civil justice. These include
concerns such as finding the appropriate balance between accurate
fact-finding and the right to a fair trial within a reasonable
time, the processing of hard cases and the function of civil
justice as a specific public service. In the mosaic of contrasts
and oppositions special place is devoted to the continuing battle
between the individualistic/liberal approach and the
collectivist/paternalistic approach the battle in which, seemingly,
paternalistic tendencies regain momentum in a number of
contemporary justice systems."
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