The Great Race of Courts

Civil Justice System Competition in the European Union
Erscheinungsjahr 2018
ISBN: 978-94-6236-837-8
Verlag: Eleven International Publishing

Buch, Englisch, 368 Seiten, Format (B × H): 250 mm x 173 mm, Gewicht: 772 g

For some years now, certain EU Member States have been promoting their national courts as the best places to litigate cross-border commercial disputes. This has led to a competition between jurisdictions, which recently has been re-energised by the upcoming withdrawal of the United Kingdom from the EU. This civil justice competition affects, among other things, governments’ policies, court organisation, and cross-border litigation strategies.

Building on an interdisciplinary methodology, this book offers an in-depth theoretical and empirical research analysing the competition currently taking place between civil justice systems. It focuses in particular on the motivations and attitudes of governments and litigants, and presents the findings of a survey conducted with lawyers from the largest law firms in Europe.

Autoren/Hrsg.

Themeli, Erlis

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Allgemeines Prozessrecht, Kostenrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

Chapter 1 Introduction; Chapter 2 Competition, regulatory competition, and choice-making; Chapter 3 Freedom of choice, harmonisation, and the competition of jurisdictions in the EU; Chapter 4 Civil justice systems competition in the EU; Chapter 5 An empirical overview of the civil justice system competition in the EU; Chapter 6 Conclusions

Über Autor(innen)

Erlis Themeli holds a LL.M. in International and Comparative Private Law from the University of Groningen. He has worked for the High Council of Justice in Albania, and practiced law in one of the largest law firms in the country. In 2017, Erlis concluded his PhD research on the EU civil justice system competition. Since September 2017, he is conducting a postdoc research on the digitalisation of justice, at the Erasmus School of Law, Rotterdam.