EU Civil Justice: Current Issues and Future Outlook

Description

This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the Area of Freedom, Security and Justice. Preface Contents Table of Cases Table of Legislation Table of International Instruments 1. The State of the Civil Justice Union 1. Introduction: European Procedural Law: The Current State of Affairs 2. Different Areas of European Law-Making 3. The Broader Perspective: The Civil Justice Union 4. The Challenges Ahead 5. Regulatory Techniques in Procedural Law 6. Conclusion: Striving for a Coherent Architecture
in the Civil Justice Union Part I: Avoiding ‘Torpedoes’ andForum Shopping 2. Lis Pendens and Jurisdiction
Clauses: Open Issues 1. Introduction 2. Conflicting Clauses 3. Complex Clauses Part II: Alternative Dispute Resolution 3. ADR/ODR: Too Much Optimism in the Promotion of Cross-Border Trade? 1. Introduction 2. Enforcement and Remedy: The New ADR/ODR Measures 3. EU Policy and Consumer Empowerment: A Disconnect? 4. Market Development and Europeanisation of Private and Procedural Law 5. Conclusions 4. Top-Level Domains and ADR: What Protection of Consumer Interests Under ICANN's New gTLD Program? 1. Introduction: ICANN's New gTLD Program
and ADR Procedure 2. The Application Procedure for a New gTLD: Measures Protecting the Interests of Consumers 3. A Self-Contained ADR System for Disputes
Over a New gTLD Application 4. The Independent Objector 5. Concluding Remarks Part III: Simplified Procedures and DebtCollection: Much Ado About Nothing? 5. 'Trusted with a Muzzle and Enfranchised with a Clog': The British Approach to European
Civil Procedure 1. Introduction 2. The Case of the Small Claims Procedure: Awareness, Implementation and Use in England and Wales 3. Conclusion: Strike Up, Pipers? 6. European Procedures on Debt Collection: Nothing or Noting? Experiences and Future Prospects 1. Introduction 2. Prospective and General Impressions of European
Debt Collection Procedures 3. Experiences in a Member State: The Netherlands 4.Implications of the Commission's Amendment
Proposal on Small Claims 5. Conclusion and Outlook 7. The Small Claims Regulation: On the Way to an Improved European Procedure? 1. Introduction 2. Problems Arising from the Scope of Application of the ESCP Regulation 3. The Interplay of the Regulation with National
Laws and with Other EU Instruments 4. Conclusions Part IV: Family Law 8. The Nordic Input on the EU's Cooperation in Family and Succession Law: Exporting Union Law Through 'Nordic Exceptions' 1. Sweden and Finland as 'Back-Seat Drivers' 2. Inter-Nordic Conventions on Cross-Border
Family or Inheritance Law 3. The Nordic Exceptions in the Regulations
on Family and Succession Law 4. Concluding Remarks 9. The European Certificate of Succession: Portrait of a New Instrument in European Private International Law 1. Introduction 2. Diverging National Systems of Certification 3. Basic Characteristics and Legal Effects of the ECS 4. The Interplay Between the ECS and National Certificates of Inheritance 5. The ECS and the Residual Relevance of the Lex Rei Sitae Part V: Collective Redress 10. 'Opt-In is Out and Opt-Out is In':
Dimensions Based on Nordic Options and the Commission's Recommendation 1. The Prelude 2. The Current Nordic Situation 3. The Nature of Collective Redress 4. Access to the Courts and the Passivity Problem 5. Economic Reasons and the Rational Use of Resources 6. The Functions of Civil Proceedings 7. Procedural Reasons 8. A Critical Discussion Based on the Commission's Communication 9. The Finale 11. The Crux of the Matter: Funding and Financing Collective Redress Mechanisms 1. Introduction 2. Complex Issue and Loser Pays Rule 3. Funding and Financing by the Class Representative 4. Funding and Financing by the Class Counsel 5. Funding and Financing by a Third Party 6. Conclusion 12. Legal Standing in Collective Redress Actions for Breach of EU Rights: Facilitating or Frustrating Common Standards and Access to Justice? 1. Introduction 2. Legitimacy, Legal Standing and Collective Redress 3. EU Norms, the Recommendation' Objectives
and Legal Standing Principles 4. Comparative Assessment with Legal Standing
in National Legal Traditions 5. Conclusions Part VI: The Quest for Mutual Recognition 13. Abolition of Exequatur, All in the Name of Mutual Trust! 1. Ongoing Developments 2. The Exequatur Procedure 3. Reasons for Abolishing the Exequatur Procedure 4. Concerns Arising from the Quest for Free
Circulation of Judgments 5. Conclusions 14. On the Abolition of Exequatur 1. Introduction 2. From the Commission's Proposal to the Final Text 3. The Abolition of Exequatur in the Brussels II
Bis Regulation 4. A Plural, Complex Scenario 5. Conclusion 15. Mutual Recognition as a Governance Strategy for Civil Justice 1. Introduction 2. Background 3. Regulatory Debate on Mutual Recognition 4. A Functional Regulatory Strategy for Civil Justice? 16. Mutual Recognition in Civil and Criminal Justice: Towards Order and Method? 1. Introduction 2. The Principle of Mutual Recognition and the AFSJ 3. Potential Problems for the AFSJ 4. Mutual Recognition in Criminal Matters 5. Mutual Recognition in Civil Matters 6. Mutual Recognition and Grounds for Refusal Index