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The Impact of EU Law on Civil Procedure

Journal article
Authors Anna Wallerman
Published in Tidschrijft voor Civiele Rechtspleging
Volume 2013
Issue 3
Pages 91-95
ISSN 0929-8649
Publication year 2013
Published at Department of Law
Pages 91-95
Language en
Links https://gup-server.ub.gu.se/v1/asse...
Keywords Civil procedure, national procedural autonomy, harmonisation
Subject categories Civil procedure

Abstract

This paper investigates the procedural autonomy of the EU Member States and shows that it is significantly circumscribed, mainly by the principles of effectiveness and equivalence. It further examines European Court of Justice case law from a civil procedural perspective and concludes that although the harmonisation of civil procedure is erratic and piecemeal, its existence can hardly be doubted. Furthermore, the paper argues that European influence may force us to rethink the concept of civil procedure as an internally coherent and externally distinct field of law.

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