Overview

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.

Full Product Details

Author:   Bart Krans ,  Anna Nylund ,  Anna Nylund ,  Bart Krans
Publisher:   Intersentia Ltd
Imprint:   Intersentia Ltd
Dimensions:   Width: 15.20cm , Height: 1.30cm , Length: 22.90cm
Weight:   0.395kg
ISBN:  

9781780689067

ISBN 10:   1780689063
Pages:   248
Publication Date:   30 January 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Table of Contents and preliminary matter (p. 0) Aspects of Procedural Autonomy (p. 1) Procedural Autonomy and Belgian Civil Procedure Law: A Turbulent Cohabitation (p. 13) The English Approach to Procedural Autonomy (p. 37) The Finnish Way of Understanding Procedural Autonomy: A Practical Approach to Implementing EU Civil Procedural Law (p. 57) A German Perspective on the Waning Procedural Autonomy in Civil Matters: Who is Afraid of European Civil Procedure? (p. 81) Procedural Autonomy in the Netherlands: A Fading Relic? (p. 101) Procedural Autonomy, the EEA Agreement and Norwegian Law: The Art of Bridging a Gap and Maintaining it Too (p. 119) A Polish Perspective on Collective Civil Proceedings: Reluctance to Follow EU Recommendations? (p. 139) Procedural Autonomy between EU Law and the Slovenian Law of Civil Procedure (p. 165) Autonomy of the Spanish Legislator in the Regulation of Procedural: The Borders of European Case Law (p. 183) Procedural Autonomy in Sweden: Is Materielle Prozessleitung the Answer? (p. 203) Comparative Insights on Procedural Autonomy (p. 227)

Reviews

"""Topics of national procedural autonomy tend to be under-researched, despite their systemic importance. This has been especially the case in issues of civil procedure. The book edited by Krans and Nylund is an important contribution to filling this gap."" -- Filipe Brito Bastos, Common Market Law Review, 2022"

Author Information

Bart Krans is full professor at the University of Leiden, the Netherlands, where he holds the chair of private law and civil procedure law. His research mainly concerns civil procedure law and contract law. Among his publications are books on the influence of EU law on Dutch civil procedure law, on the law of evidence and on the law of obligations. Anna Nylund is a professor at the University of Troms - The Arctic University of Troms, Norway. Her research and teaching mainly concern national, comparative and European civil procedure and alternative dispute resolution. She is the chair of the research group of procedural law and dispute resolution.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions