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This volume was developed as part of a cooperative project of the
European Law Institute (ELI) and the International Institute for
the Unification of Private Law (Unidroit), dealing with civil
procedure law. The long-term project began in February 2014, as a
joint endeavour to adapt the American Law Institute/Unidroit
Principles of Transnational Civil Procedure to the European legal
environment, and ended in 2020 with the approval of the
ELI-Unidroit Model European Rules of Civil Procedure. Featured in
this volume, the Rules are accompanied by comments. They take into
account the diverse traditions in Europe concerning civil procedure
law and aim to find a common thread in them. Therefore, they not
only consider the similarities but also the differences in order to
gain a solution that does not favour one legal system but combines
aspects of them all, fostering effectiveness and fairness in civil
procedure. This is an open access title available under the terms
of a CC BY-NC-ND 4.0 International licence. It is free to read on
Oxford Scholarship Online and offered as a free PDF download from
OUP and selected open access locations.
This edited volume is based on the European Law Institute's
project, 'The Prevention and Resolution of Conflicts of Exercise of
Jurisdiction in Criminal Law', co-ordinated by the European Law
Institute (ELI) and the University of Luxembourg. The project ran
from 2013 to 2017 and was conducted under the auspices of the ELI
and the Luxembourg National Research Fund (FNR). The study sought
to explore options for a coherent regulatory mechanism for the
prevention and settlement of conflicts of jurisdiction in criminal
law. Currently, there is no binding instrument establishing a
mechanism to resolve conflicts of (exercising) jurisdiction in
criminal matters in the EU, although such a mechanism is essential
for the effective functioning of a European criminal justice area
based on mutual recognition. Building on empirical research and a
comparison with civil law solutions to the problem of conflicts of
jurisdiction, this volume seeks to impact the EU policy debate by
proposing three fully-formed models for legislative action, coupled
with extensive analysis of related themes.
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