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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.
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