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The Future of the European Law of Civil Procedure

- Coordination or Harmonisation?
Engelsk Paperback

The Future of the European Law of Civil Procedure

- Coordination or Harmonisation?
Engelsk Paperback

779 kr
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6 - 8 hverdage

Om denne bog
The European lawmaker is currently overseeing what appears to be a paradigm shift in the way that cross-border litigation is conducted within the European Union. This matter was initially conceptualised from the perspective of international judicial cooperation, based on the notion of mutual trust and mutual recognition. Recent developments, however, have introduced the option of harmonisation as a new regulatory approach. The first part of the book is focused on the possible methodological approaches at hand. Special emphasis is placed on the role of the Court of Justice of the European Union as a ''''promoter'''' of a European Procedural Law (principle of effectiveness and principle of equivalence). The second part assesses to what extend harmonisation is already used: ''''vertically'''', through the regulations on international judicial cooperation, for example the European Account Preservation Order; and ''''horizontally'''', through the promotion of harmonised standards promoted by the directives on intellectual property rights and competition damages (access to information and evidence), or in the directive on trade secrets and in the field of data protection (protection of confidential information). With a view to the future, the final part examines two more recent initiatives: ELI-UNIDROIT and the proposal for a directive on common minimum standards of civil procedure in the EU.The Future of the European Law of Civil Procedure: Coordination or Harmonisation? clearly outlines the motivations of the various national and institutional players in the regulation of civil procedural law and identifies potential obstacles likely to be encountered along the way that will be useful for every lawyer in the field.
Product detaljer
Sprog:
Engelsk
Sider:
292
ISBN-13:
9781780688596
Indbinding:
Paperback
Udgave:
ISBN-10:
1780688598
Udg. Dato:
6 mar 2020
Længde:
23mm
Bredde:
244mm
Højde:
170mm
Forlag:
Intersentia Ltd
Oplagsdato:
6 mar 2020
Forfatter(e):
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