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OverviewThe 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. Full Product DetailsAuthor: Eva Storskrubb (Associate Lawyer, Dittmar & Indrenuis, Helsinki)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.30cm , Height: 3.60cm , Length: 24.20cm Weight: 0.971kg ISBN: 9780199533176ISBN 10: 0199533172 Pages: 560 Publication Date: 27 March 2008 Audience: College/higher education , Professional and scholarly , Postgraduate, Research & Scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand We will order this item for you from a manufactured on demand supplier. Table of Contents1: Introduction 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 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 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: ConclusionReviewsAuthor InformationEva Storskrubb is an Associate Lawyer at Dittmar & Indrenuis, Helsinki Tab Content 6Author Website:Countries AvailableAll regions |