Civil procedure and EU law: a policy area uncovered

Abstract:
This book provides the first thorough analysis of the EU's growing activity in the regulation of civil procedure. It offers a detailed, practical examination of the specific legislative measures, analysing their impact on principles of civil procedure, including due process rights, and situates the policy in the broader contexts of EU intergration and the international codification of civil procedure.

The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been enacted including the creation of a judicial network and judicial training structures.

This book offers the first detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law and European law. The book situates the development of the policy area and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity and governance. It provides a detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed, including the introduction of the principle of mutual recognition. The book concludes with a comparative analysis of the EU's approach with broader international efforts for procedural harmonization.

Contents:
1. Introduction

Part I. Setting the Scene - Background Developments
2. Introduction
3. The Doctrine of the ECJ - National Procedural Autonomy v Harmonization
4. Substantive Regulation - Ad hoc Creation of European Procedural Rules
5. Rome, Maastricht, Amsterdam and Nice - The Evolution of a Legal Basis
6. The Broader Context
7. Conclusion

Part II. Current Regulation and Initiatives - Judicial Cooperation in Civil Matters
8. Political Impetus
9. Institutional and Structural Characteristics
10. Categories of Measures
11. Transnational Litigation
12. Further Measures
13. General Structures

Part III. The Legitimacy of a Policy Area & Rethinking the Procedural Landscape
14. Brave New World
15. The Inside Perspective - 'How' and 'Why' Regulate?
16. Looking Outward - Interaction with Procedural and International Development
17. The Way Forward
18. Conclusion

• Primary Source