The Future of the European Law of Civil Procedure
Coordination or Harmonisation?
1st Edition
Published on 6. March 2020
Book
Paperback/Softback
292 pages
978-1-78068-859-6 (ISBN)
Description
This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
More details
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Product notice
Paperback (trade)
Dimensions
Height: 244 mm
Width: 170 mm
Thickness: 17 mm
Weight
501 gr
ISBN-13
978-1-78068-859-6 (9781780688596)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Fernando Gascon Inchausti is Full Professor of Procedural Law at the Complutense University of Madrid, Spain. He is currently Executive Secretary General of the International Association of Procedural Law and General Assistant Editor of the International Journal of Procedural Law.Burkhard Hess is Professor of Law and Founding and Executive Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. He is President of the ILA Committee on the Protection of Privacy in Private International and Procedural Law.
Content
Introduction (p. 1) I. Methodological Approaches. Inital Remarks on the Methodological Approaches to Procedural Harmonisation (p. 7) Procedural Harmonisation by the European Court of Justice: Procedural Autonomy and the Member States' Perspective (p. 17) Constitutionalisation of European Civil Procedure as a Starting Point for Harmonisation? (p. 69) Have the EU Regulations on Judicial Cooperation Fostered Harmonisation of National Procedures? (p. 89) II. The Current Situation: Vertical and Horizontal Harmonisation. Harmonisation of the Rules on Protective Measures? The European Account Preservation Order (p. 111) Harmonising Access to Information and Evidence: The Directives on Intellectual Property and Competition Damages (p. 123) Harmonisation of Confidential Information Protection in Legal Proceedings: The Trade Secrets Directive (p. 161) Procedural Harmonisation and Private Enforcement in the GDPR (p. 173) III. Current Initiatives for Further Harmonisation. The ELI/UNIDROIT Project: A General Introduction (p. 197) The ELI/UNIDROIT European Rules of Civil Procedure: Access to Information and Evidence (p. 205) Harmonisation of the Rules on Judgments and Appeals in Europe: A Few Remarks from the Inside (p. 223) The 2017 Directive Proposal on Common Minimum Standards of Civil Procedure in the Euroepan Union (p. 239) The 2017 Proposal of the European Parliament on Common Minimum Standards of Civil Procedure (p. 265) A Final Comment on the Future Evolution of Civil Procedure in Europe (p. 285)