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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.
This open access book presents twelve unique studies on mediation
from researchers in Denmark, Finland, Norway and Sweden,
respectively. Each study highlights important aspects of mediation,
including the role of children in family mediation, the evolution
and ambivalent application of restorative justice in the Nordic
countries, the confusion of roles in court-connected mediation, and
the challenges in dispute systems. Over the past 20-30 years,
mediation has gained in popularity in many countries around the
world and is often heralded as a suitable and cost-effective mode
of conflict resolution. However, as the studies in this volumes
show, mediation also has a number of potential drawbacks. Parties'
self-determination may be jeopardized, affected third parties are
involved in an inadequate way, and the legal regulations may be
flawed. The publication can inspire research, help professionals
and policymakers in the field and be used as a textbook.
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?
This book explores the regulations, goals and functioning of
preparatory proceedings in four Nordic countries and eight former
communist countries. The contributions discuss whether, and how the
regulation and practice of preparatory proceedings enhance swift
civil justice that is both inexpensive and has quality outcomes. A
central question is whether the main hearing model of civil
justice, in which preclusion of new evidence and claims occur at
the end of the preparatory stage, results in greater efficiency, or
whether the functioning of civil proceedings largely depends on
other factors. It also examines regulation and use of
court-connected mediation and judicial settlement efforts. This
book offers comparative insights into the functioning of the
preparatory civil proceedings in the countries covered. Preparatory
proceedings are considered a key tool for achieving efficient civil
proceedings. The claims and factual background of the case are
clarified at an early stage, and the main hearing is focused.
Judicial settlement efforts and court-connected mediation
contribute to early resolution of cases, and are important elements
of Nordic civil procedure The Nordic countries have used the main
hearing model of civil proceedings for some decades, and recent
reforms have further enhanced the role of the preparatory stage.
Former communist countries are reforming their earlier piecemeal-
format civil proceedings by introducing and strengthening written
and oral preparation, as well as court-connected mediation.
This open access book presents twelve unique studies on mediation
from researchers in Denmark, Finland, Norway and Sweden,
respectively. Each study highlights important aspects of mediation,
including the role of children in family mediation, the evolution
and ambivalent application of restorative justice in the Nordic
countries, the confusion of roles in court-connected mediation, and
the challenges in dispute systems. Over the past 20-30 years,
mediation has gained in popularity in many countries around the
world and is often heralded as a suitable and cost-effective mode
of conflict resolution. However, as the studies in this volumes
show, mediation also has a number of potential drawbacks. Parties'
self-determination may be jeopardized, affected third parties are
involved in an inadequate way, and the legal regulations may be
flawed. The publication can inspire research, help professionals
and policymakers in the field and be used as a textbook.
This book offers an analysis of the current trends and developments
in Nordic civil litigation and is divided into four main parts. In
the first part a picture of the current civil litigation landscape
is provided by focusing on whether there is a truly Nordic form of
civil litigation, the current state of Nordic civil litigation, the
recent major reforms of civil procedure legislation and the effects
of Europeanization. In the second part, the way rules on
court-connected mediation have been implemented and practiced in
the Nordic countries is discussed. The authors offer their insights
on why court-connected mediation has not been fully embraced by
Nordic lawyers and the Nordic approach to this type of mediation is
contrasted with the Austrian and German approaches. In the third
part, recent developments affecting access to justice in the Nordic
countries are discussed. Among the topics are changes in legal aid
schemes, the impact of recent civil procedure law reforms,
hindrances for larger companies to use litigation as a method of
dispute resolution and differences in costs and delays.
Additionally, Alternative Dispute Resolution and Class or Group
Actions are explored as methods to enhance access to justice. The
potential adverse effects of Alternative Dispute Resolution and
Group Actions are also examined, both in a Nordic and European
context. In the final part, conclusions are drawn from both
historical and future-oriented perspectives.
This book explores the regulations, goals and functioning of
preparatory proceedings in four Nordic countries and eight former
communist countries. The contributions discuss whether, and how the
regulation and practice of preparatory proceedings enhance swift
civil justice that is both inexpensive and has quality outcomes. A
central question is whether the main hearing model of civil
justice, in which preclusion of new evidence and claims occur at
the end of the preparatory stage, results in greater efficiency, or
whether the functioning of civil proceedings largely depends on
other factors. It also examines regulation and use of
court-connected mediation and judicial settlement efforts. This
book offers comparative insights into the functioning of the
preparatory civil proceedings in the countries covered. Preparatory
proceedings are considered a key tool for achieving efficient civil
proceedings. The claims and factual background of the case are
clarified at an early stage, and the main hearing is focused.
Judicial settlement efforts and court-connected mediation
contribute to early resolution of cases, and are important elements
of Nordic civil procedure The Nordic countries have used the main
hearing model of civil proceedings for some decades, and recent
reforms have further enhanced the role of the preparatory stage.
Former communist countries are reforming their earlier piecemeal-
format civil proceedings by introducing and strengthening written
and oral preparation, as well as court-connected mediation.
This book offers an analysis of the current trends and
developments in Nordic civil litigation and is divided into four
main parts. In the first part a picture of the current civil
litigation landscape is provided by focusing on whether there is a
truly Nordic form of civil litigation, the current state of Nordic
civil litigation, the recent major reforms of civil procedure
legislation and the effects of Europeanization. In the second part,
the way rules on court-connected mediation have been implemented
and practiced in the Nordic countries is discussed. The authors
offer their insights on why court-connected mediation has not been
fully embraced by Nordic lawyers and the Nordic approach to this
type of mediation is contrasted with the Austrian and German
approaches. In the third part, recent developments affecting access
to justice in the Nordic countries are discussed. Among the topics
are changes in legal aid schemes, the impact of recent civil
procedure law reforms, hindrances for larger companies to use
litigation as a method of dispute resolution and differences in
costs and delays. Additionally, Alternative Dispute Resolution and
Class or Group Actions are explored as methods to enhance access to
justice. The potential adverse effects of Alternative Dispute
Resolution and Group Actions are also examined, both in a Nordic
and European context. In the final part, conclusions are drawn from
both historical and future-oriented perspectives.
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.
This open access book examines whether a distinctly Nordic
procedural or court culture exists and what the hallmarks of that
culture are. Do Nordic courts and court proceedings share a
distinct set of ideas and values that in combination constitute the
core of a regional legal culture? How do Europeanisation,
privatisation, diversification and digitisation influence courts
and court proceedings in the Nordic countries? The book traces the
genesis and formation of Nordic courts and justice systems to
provide a richer comprehension of contemporary Nordic legal
culture, and an understanding of the relationship between legal
cultural stability and change. In answering these questions, the
book provides models for conceptualising procedural culture. Nordic
procedural culture has partly developed organically and is partly
also the product of deliberate efforts to maintain a certain level
of alignment between the Nordic countries. Studying Nordic
cooperation enables us to gain a deeper understanding of current
regional, European and global harmonisation processes within
procedural law. The influx of supranational European law, increased
use of alternative dispute resolution and growth in regulation
density that produces a conflict between specialisation and
coherence, have tangible impact on the role of courts in a
democratic society, the form of court proceedings and court
structures. This book examines whether and why some trends exert
more tangible, or perhaps simply more perceptible, influence on
procedural culture than others.
This open access book examines whether a distinctly Nordic
procedural or court culture exists and what the hallmarks of that
culture are. Do Nordic courts and court proceedings share a
distinct set of ideas and values that in combination constitute the
core of a regional legal culture? How do Europeanisation,
privatisation, diversification and digitisation influence courts
and court proceedings in the Nordic countries? The book traces the
genesis and formation of Nordic courts and justice systems to
provide a richer comprehension of contemporary Nordic legal
culture, and an understanding of the relationship between legal
cultural stability and change. In answering these questions, the
book provides models for conceptualising procedural culture. Nordic
procedural culture has partly developed organically and is partly
also the product of deliberate efforts to maintain a certain level
of alignment between the Nordic countries. Studying Nordic
cooperation enables us to gain a deeper understanding of current
regional, European and global harmonisation processes within
procedural law. The influx of supranational European law, increased
use of alternative dispute resolution and growth in regulation
density that produces a conflict between specialisation and
coherence, have tangible impact on the role of courts in a
democratic society, the form of court proceedings and court
structures. This book examines whether and why some trends exert
more tangible, or perhaps simply more perceptible, influence on
procedural culture than others.
This book provides unique and timely comparative insights into how
parties to litigation can modify the rules of civil procedure by
agreement. Special national reports from 20 jurisdictions
(Argentina, Belgium, Brazil, Canada, Chile, China, the Czech
Republic, England and Wales, France, Germany, Italy, Japan, the
Netherlands, Norway, Peru, Poland, Spain, Taiwan, Turkey and the
United States) discuss the various aspects of court proceedings
that the parties are allowed to shape, such as choice-of-court,
division of costs, appeals, access to evidence, the form of
proceedings and pre-filing obligations, notably, the use of
mediation. They also discuss the limits to such agreements, the
broader context of agreements and the recent shifts in attitudes to
procedural agreements.The general report traces the nexus between
the underlying civil procedure system, the beliefs it is embedded
within, the arguments used to support or oppose such agreements,
and the rules and practices regarding procedural agreements. The
links between the contractualisation of civil proceedings and the
related phenomena of consensualisation, flexibilisation and
fragmentation are also explored.
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