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.

The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions. The volume is divided into two parts. Part I on 'Cross-border Enforcement in Europe' opens with a contribution comparing the European approach in Brussels I Recast with the US experience of enforcement in the context of judicial federalism. This is followed by two contributions concentrating on aspects of Brussels I Recast, specifically the abolition of exequatur and the grounds for refusal of foreign judgments (public order and conflicting decisions). The two concluding texts in this part deal with the cross-border enforcement of notarial deeds and the sister regulation of Brussels I Recast, Brussels II bis (jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility). Part II is devoted to aspects of (cross-border) enforcement in a selection of European states (Poland, the Czech Republic, the Netherlands, Slovenia and the Republic of North Macedonia). The topics discussed include the authorities entrusted with enforcement, judicial assistance and the national rules relevant from the perspective of Brussels I Recast. This book is important for practitioners involved in cross-border enforcement and academics working within an international comparative legal context.

The law relating to recourse is always changing, but the present period is notable for the number of countries whose law has recently undergone, is now undergoing, or is about to undergo extensive reform. This makes the comparison of differing systems particularly difficult. This book is the second volume in the series "Civil Procedure in Europe." It gives a comparative overview of the systems of recourse against civil judgments actually in operation in 14 countries of the European Union. The reports were written against the background of a document originally circulated in July 1995, but each of them remains the original work of its individual author. The contributions are written by national expects distinguished in the field of civil procedural law. The main reports are written in English, French, German and in one case Spanish, and are followed by summaries in the remaining languages. Extensive bibliographies have been included, to enable the reader to find material for further study. The national reports systematically address the following: a description of the right of appeal in each country; the nature and scope of the appeal against first and second instance judgments; enforceability of Judgment subject to recourse; and default judgments. Recourse against judgments covers the following countries: Austria, Belgium, Denmark, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, The Netherlands, Portugal, Spain and Sweden.

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.

The story of collective redress in the European Union up to the present day may be qualified as a story of missed opportunities and small steps forward. This is due to an overly cautious approach to the topic at the European and national levels, a fear of American-style class actions and lobbying against the introduction of such mechanisms by those who might become subject to them as defendant parties. As a result, many of the collective redress mechanisms introduced so far in the various EU Member States may rightly be qualified as 'Squeaking Mice'. This appears not only from the contributions to the present volume, but also from the considerable number of studies that have been published on collective redress mechanisms in Europe during the last few years. The editors of the present volume hope that the future of collective redress in Europe will be brighter than the past. They hope that the volume will further the discussion on collective redress in Europe by providing the most up-to-date information in the field, and that this will lead to the implementation of effective collective redress mechanisms in the various EU Member States, mechanisms that cannot be qualified as stillborn, as is the case with many of the reforms that until now have been introduced in most European Union Member States.

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

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.

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.