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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.
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?
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.
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