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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.
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?
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