Eu Civil Justice

Current Issues and Future Outlook
Erscheinungsjahr 2016
ISBN: 978-1-84946-682-0
Verlag: Bloomsbury Academic

Buch, Englisch, 384 Seiten, Hardback, Format (B × H): 164 mm x 241 mm, Gewicht: 739 g

Reihe: Swedish Studies in European Law

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.

Autoren/Hrsg.

Hess, Burkhard

Storskrubb, Eva

Bergstrom, Maria

Bergström, Maria

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Insolvenz- und Zivilprozessrecht

Inhaltsverzeichnis

1. The State of the Civil Justice Union
Burkhard Hess
Part I: Avoiding 'Torpedoes' and Forum Shopping
2. Lis Pendens and Jurisdiction Clauses: Open Issues
Gilles Cuniberti
Part II: Alternative Dispute Resolution
3. ADR/ODR: Too Much Optimism in the Promotion of Cross-Border Trade?
Jim Davies
4. Top-Level Domains and ADR: What Protection of Consumer Interests Under ICANN's New gTLD Program?
Cristina M Mariottini
Part III: Simplified Procedures and Debt Collection: Much Ado About Nothing?
5. 'Trusted with a Muzzle and Enfranchised with a Clog':

The British Approach to European Civil Procedure
Carla Crifò
6. European Procedures on Debt Collection: Nothing or Noting? Experiences and Future Prospects
Xandra E Kramer
7. The Small Claims Regulation: On the Way to an Improved European Procedure?
Cristian Oro Martinez
Part IV: Family Law
8. The Nordic Input on the EU's Cooperation in Family and Succession Law: Exporting Union Law
Through 'Nordic Exceptions'
Maarit Jänter ä -Jareborg
9. The European Certificate of Succession: Portrait of a New Instrument in European Private International Law
Björn Laukemann
Part V: Collective Redress
10. 'Opt-In is Out and Opt-Out is In': Dimensions Based on Nordic Options and the Commission's Recommendation
Laura Ervo
11. The Crux of the Matter: Funding and Financing Collective Redress Mechanisms
Stefaan Voet
12. Legal Standing in Collective Redress Actions for Breach of EU Rights: Facilitating or Frustrating
Common Standards and Access to Justice?
Rebecca Money-Kyrle
Part VI: The Quest for Mutual Recognition
13. Abolition of Exequatur, All in the Name of Mutual Trust!
Marie Linton
14. On the Abolition of Exequatur
Marta Requejo Isidro
15. Mutual Recognition as a Governance Strategy for Civil Justice
Eva Storskrubb
16. Mutual Recognition in Civil and Criminal Justice: Towards Order and Method?
Maria Bergström

Über Autor(innen)

Hess, Burkhard
Burkhard Hess is the Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. He is a Professor at the Universities of Heidelberg and Luxembourg.

Storskrubb, Eva
Eva Storskrubb is Marie Curie Research Fellow at the Faculty of Law, Uppsala University.

Bergström, Maria
Maria Bergström is Associate Professor of European Law and Senior Lecturer in EU law at the Faculty of Law, Uppsala University.

Burkhard Hess is Director at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law.
Maria Bergström is Associate Professor of European Law and Senior Lecturer in EU law at the Faculty of Law, Uppsala University.
Eva Storskrubb is Marie Curie Research Fellow at the Faculty of Law, Uppsala University.